Commission Implementing Regulation (EU) 2024/2415 of 12 September 2024 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of certain alkyl phosphate esters originating in the People’s Republic of China
1. A definitive anti-dumping duty is imposed on imports of certain alkyl phosphate esters based exclusively on side chains with a length of two or three carbon atoms (also includes chlorinated alkyl chains) and with a phosphorus content of at least 9 % (per weight) and a viscosity between 1 and 100 mPa·s (at 20-25 °C) falling under Chemical Abstracts Service (‘CAS’) numbers 13674-84-5, 1244733-77-4 and 78-40-0, currently classified under CN code ex 2919 90 00 (TARIC codes 2919 90 00 50 and 2919 90 00 65) and CN code ex 3824 99 92 (TARIC code 3824 99 92 38) and originating in the People’s Republic of China.
2. The rate of the definitive anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty, of the products described in paragraph 1 and produced by the companies listed below, shall be as follows:
Company
Definitive anti-dumping duty
TARIC additional code
Anhui RunYue Technology Co., Ltd.
53,1 %
89 AL
Nantong Jiangshan Agrochemical & Chemicals Limited Liability Co.
68,4 %
89 AM
Shandong Yarong Chemical Co., Ltd.
63,0 %
89 AN
Other cooperating companies not sampled listed in Annex
61,3 %
All other companies
68,4 %
8 999
3. The application of the individual duty rates specified for the companies mentioned in paragraph 2 shall be conditional upon presentation to the Member States’ customs authorities of a valid commercial invoice, on which shall appear a declaration dated and signed by an official of the entity issuing such invoice, identified by name and function, drafted as follows: ‘ I, the undersigned, certify that the (quantity) of alkyl phosphate esters sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in the People’s Republic of China. I declare that the information provided in this invoice is complete and correct. ’ If no such invoice is presented, the duty applicable to all other companies shall apply.
4. Unless otherwise specified, the provisions in force concerning customs duties shall apply.
The amounts secured by way of the provisional anti-dumping duty under Implementing Regulation (EU) 2024/1064 imposing a provisional anti-dumping duty on imports of certain alkyl phosphate esters originating in the People’s Republic of China shall be definitively collected.
The Annex mentioned in Article 1(2) may be amended to add new exporting producers from the People’s Republic of China and make them subject to the appropriate weighted average anti-dumping duty rate for cooperating companies not included in the sample. A new exporting producer shall provide evidence that:
(a)
it did not export the goods described in Article 1(1) during the period of investigation (1 July 2022 to 30 June 2023);
(b)
it is not related to an exporter or producer subject to the measures imposed by this Regulation, and which could have cooperated in the original investigation; and
(c)
it has either actually exported the product concerned or has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the end of the period of investigation.
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union .
Supplementary provisions
ANNEXSupplementary provisions
ANNEX
Cooperating exporting producers not sampled:
Name
TARIC additional code
Fujian Wynca Technology Co., Ltd.
89AP
Futong Chemical Co., Ltd.
89AQ
Hebei Zhenxing Chemical and Rubber Co., Ltd.
89AR
Jiangsu Yoke Technology Co., Ltd.
89AS
Jilin Yonglin Chemical Co., Ltd.
89AT
Ningguo Long Day Chemical Co., Ltd
89AU
Shanghai Iroyal Chemical Co., Ltd.
89AV
Xinji Hongzheng Chemical Industry Co., Ltd.
89AW
Xuancheng City Trooyawn Refined Chemical Industry Co., Ltd.
89AX
Yangzhou Chenhua New Material Co., Ltd.
89AY
Zhejiang Wansheng Co., Ltd.
89AO
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.