Article 1
1. A definitive anti-dumping duty is imposed on imports of ceramic tableware and kitchenware, excluding ceramic condiment or spice mills and their ceramic grinding parts, ceramic coffee mills, ceramic knife sharpeners, ceramic sharpeners, ceramic kitchen tools to be used for cutting, grinding, grating, slicing, scraping and peeling, and cordierite ceramic pizza-stones of a kind used for baking pizza or bread, currently falling under CN codes ex 6911 10 00 , ex 6912 00 21 , ex 6912 00 23 , ex 6912 00 25 and ex 6912 00 29 (TARIC codes 6911 10 00 90, 6912 00 21 11, 6912 00 21 91, 6912 00 23 10, 6912 00 25 10 and 6912 00 29 10) 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 product described in paragraph 1 and manufactured by the companies listed below, shall be as follows: Company Duty (%) TARIC Additional Code Hunan Hualian China Industry Co., Ltd; Hunan Hualian Ebillion Industry Co., Ltd; Hunan Liling Hongguanyao China Industry Co., Ltd; Hunan Hualian Yuxiang China Industry Co., Ltd. 18,3 B349 Guangxi Sanhuan Enterprise Group Holding Co., Ltd 13,1 B350 Shandong Zibo Niceton-Marck Huaguang Ceramics Limited; Zibo Huatong Ceramics Co., Ltd; Shandong Silver Phoenix Co., Ltd; Niceton Ceramics (Linyi) Co., Ltd; Linyi Jingshi Ceramics Co., Ltd; Linyi Silver Phoenix Ceramics Co., Ltd; Linyi Chunguang Ceramics Co., Ltd; Linyi Zefeng Ceramics Co., Ltd. 17,6 B352 Companies listed in the Annex 17,9 All other companies 36,1 B999 3. Article 1(2) may be amended to add a new exporting producer 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 the People’s Republic of China during the period between 1 January 2011 and 31 December 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 the 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. 4. The application of the individual anti-dumping duty rates specified for the companies mentioned in paragraph 2 shall be conditional upon presentation to the customs authorities of the Member States of the following documents: (a) If the importer buys directly from the Chinese exporting producer, the import declaration must be accompanied by a valid commercial invoice, on which shall appear a declaration dated and signed by an official of the entity issuing such invoice, identified by their name and function, drafted as follows (‘manufacturer declaration for direct export sale’): ‘ I, the undersigned, certify that the (volume) of ceramic tableware or kitchenware sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in the (country concerned). I declare that the information provided in this invoice is complete and correct. ’ Until such invoice is presented, the duty rate applicable to ‘all other companies’ shall apply. (b) If the importer buys from a trader or other intermediate legal person, whether located in mainland China or not, the import declaration must be accompanied by a valid commercial invoice from the manufacturer to the trader on which shall appear a declaration, dated and signed by an official of the manufacturer issuing the invoice for this transaction to the trader, identified by their name and function, drafted as follows (‘manufacturer declaration for indirect export sale’): ‘ I, the undersigned, certify that the (volume in kg) of the tableware and kitchenware sold to the trader (name of the trader) (country of the trader), covered by this invoice, was manufactured by our company (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. ’ Until such invoice is presented, the duty applicable to all other companies shall apply. 5. Unless otherwise specified, the provisions in force concerning customs duties shall apply.