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Council Regulation (EC) No 1425/2006 of 25 September 2006 imposing a definitive anti-dumping duty on imports of certain plastic sacks and bags originating in the People’s Republic of China and Thailand, and terminating the proceeding on imports of certain plastic sacks and bags originating in Malaysia

Council Regulation (EC) No 1425/2006 of 25 September 2006 imposing a definitive anti-dumping duty on imports of certain plastic sacks and bags originating in the People’s Republic of China and Thailand, and terminating the proceeding on imports of certain plastic sacks and bags originating in Malaysia

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1) (the basic Regulation) and in particular Article 9 thereof,

Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,

Whereas:

    HAS ADOPTED THIS REGULATION:

    Article 1

    1.

    Definitive anti-dumping duties are hereby imposed on imports of plastic sacks and bags, containing at least 20 % by weight of polyethylene and of sheeting of a thickness not exceeding 100 micrometres (μm) originating in the People’s Republic of China and Thailand; and falling within CN codes ex39232100, ex39232910 and ex39232990 (TARIC codes 3923210020, 3923291020 and 3923299020).

    2.

    The rate of the definitive duty applicable to the net, free-at-Community-frontier price, before duty, for products manufactured by the companies listed below shall be as follows:

    Country

    Company

    AD duty rate (%)

    TARIC Additional code

    The People’s Republic of China

    Cedo (Shanghai) Ltd and Cedo (Shanghai) Household Wrappings Co. Ltd, Shanghai

    7,4

    A757

    Jinguan (Longhai) Plastics Packing Co., Ltd, Longhai

    5,1

    A758

    Sunway Kordis (Shanghai) Ltd and Shanghai Sunway Polysell Ltd, Shanghai

    4,8

    A760

    Suzhou Guoxin Group Co., Ltd, Suzhou Guoxin Group Taicang Yihe Import & Export Co., Ltd, Taicang Dongyuan Plastic Co., Ltd and Suzhou Guoxin Group Taicang Giant Packaging Co., Ltd, Taicang

    7,8

    A761

    Wuxi Jiayihe Packaging Co., Ltd and Wuxi Bestpac Packaging Co., Ltd, Wuxi

    12,8

    A763

    Zhong Shan Qi Yu Plastic Products Co Ltd, Zhongshan

    5,7

    A764

    Huizhou Jun Yang Plastics Co,. Ltd, Huizhou

    4,8

    A765

    Companies listed in Annex I

    8,4

    A766

    All other companies

    28,8

    A999

    Xinhui Alida Polythene Limited, Xinhui

    4,3 %

    A854

    Thailand

    King Pac Industrial Co., Ltd, Chonburi and Dpac Industrial Co., Ltd, Bangkok

    14,3

    A767

    Multibax Public Co., Ltd, Chonburi

    5,1

    A768

    Naraipak Co Ltd and Narai Packaging (Thailand) Ltd, Bangkok

    10,4

    A769

    Sahachit Watana Plastic Industry Co., Ltd, Bangkok

    6,8

    A770

    Thai Plastic Bags Industries Co., Ltd, Nakonpathom

    5,8

    A771

    Companies listed in Annex II

    7,9

    A772

    All other companies

    14,3

    A999

    3.

    Unless otherwise specified, the provisions in force concerning customs duties shall apply.

    Article 2

    Where any new exporting producer in the PRC or Thailand provides sufficient evidence to the Commission that

    • it did not export to the Community the products described in Article 1(1) during the investigation period (1 April 2004 to 31 March 2005),

    • it is not related to any of the exporters or producers in the PRC or Thailand which are subject to the anti-dumping measures imposed by this Regulation, and

    • it has actually exported to the Community the products concerned after the investigation period on which the measures are based, or it has entered into an irrevocable contractual obligation to export a significant quantity to the Community,

    then the Council, acting by simple majority on a proposal submitted by the Commission after consulting the Advisory Committee, may amend Article 1(2) by adding that new exporting producer to the lists in Annexes I or II.

    Article 3

    The proceeding concerning imports of certain plastic sacks and bags originating in Malaysia is hereby terminated.

    Article 4

    This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

    ANNEX I

    ANNEX II