Article 1
Open ↗1. A definitive anti-dumping duty is imposed on imports of sweetcorn ( Zea mays var. saccharata ) in kernels, prepared or preserved by vinegar or acetic acid, not frozen and sweetcorn ( Zea mays var. saccharata ) in kernels prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006, currently falling under CN codes ex 2001 90 30 (TARIC code 2001 90 30 10) and ex 2005 80 00 (TARIC code 2005 80 00 10) and originating in Thailand. 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 Karn Corn Co., Ltd 3,1 A789 Kuiburi Fruit Canning Co., Ltd 14,3 A890 River Kwai International Food Industry Co., Ltd 3,6 A791 Sunsweet Public Company Limited 11,1 A792 Cooperating exporting producers listed in the Annex 12,9 (see annex) All other imports originating in Thailand 14,3 A999 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) (TARIC additional code) in Thailand. I declare that the information provided in this invoice is complete and correct. ’ Until 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 Thailand 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 Thailand during the period between 1 January 2005 and 31 December 2005 (‘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 Thailand or has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the end of the original investigation period. 5. Unless otherwise specified, the provisions in force concerning customs duties shall apply.