1. A definitive anti-dumping duty is imposed on imports of aluminium radiators and elements or sections of which such radiator is composed, whether or not such elements are assembled in blocks, excluding radiators and elements and sections thereof of the electrical type, currently falling under CN codes ex 7615 10 10 , ex 7615 10 80 , ex 7616 99 10 and ex 7616 99 90 (TARIC codes 7615 10 10 10, 7615 10 80 10, 7616 99 10 91, 7616 99 90 01 and 7616 99 90 91) and originating in the People Republic of China.
2. The rates of the definitive anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty, of the product described in paragraph 1 and produced by the companies listed below shall be as follows:
Company
Anti-dumping duty
TARIC additional code
Zhejiang Flyhigh Metal Products Co., Ltd.
12,6 %
B272
Metal Group Co. Ltd.
56,2 %
B273
Sira (Tianjin) Aluminium Products Co. Ltd.
14,9 %
B279
Sira Group (Tianjin) Heating Radiators Co. Ltd.
14,9 %
B280
Companies listed in Annex
21,2 %
All other companies
61,4 %
B999
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 his/her name and function, drafted as follows: ‘ I, the undersigned, certify that the (volume) of (product under review) sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in [country concerned]. 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. 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) originating in People’s Republic of China during the period between 1 July 2010 and 30 June 2011 (‘original investigation period’);
(b)
it is not related to an exporter or producer subject to the measures imposed by this Regulation, and which have or could have cooperated in the investigation that led to the duty; and
(c)
it has either actually exported the product under review originating in People’s Republic of China or has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the end of the original investigation period.