A definitive anti-dumping duty is hereby imposed on imports of ceramic tableware and kitchenware currently falling within CN codes ex69111000, ex69120021, ex69120023, ex69120025 and ex69120029 (TARIC codes 6911100090, 6912002111, 6912002191, 6912002310, 6912002510 and 6912002910) and originating in the People's Republic of China.
Council Implementing Regulation (EU) No 412/2013 of 13 May 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ceramic tableware and kitchenware originating in the People's Republic of China
Council Implementing Regulation (EU) No 412/2013 of 13 May 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ceramic tableware and kitchenware originating in the People's Republic of China
Article 1
1.
The following goods are excluded:
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ceramic condiment or spice mills and their ceramic grinding parts,
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ceramic coffee mills,
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ceramic knife sharpeners,
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ceramic sharpeners,
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ceramic kitchen tools to be used for cutting, grinding, grating, slicing, scraping and peeling, and
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cordierite ceramic pizza-stones of a kind used for baking pizza or bread.
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 produced 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 |
CHL Porcelain Industries Ltd |
23,4 |
B351 |
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 |
Guangxi Province Beiliu City Laotian Ceramics Co., Ltd |
22,9 |
B353 |
Companies listed in Annex I |
17,9 |
|
All other companies |
36,1 |
B999 |
3.
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 a valid commercial invoice, which shall be conform to the requirements set out in Annex II. 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.
Article 2
1.
The amounts secured by way of the provisional anti-dumping duty pursuant to Regulation (EU) No 1072/2012 on imports of ceramic condiment or spice mills and their ceramic grinding parts, ceramic peelers, ceramic knife sharpeners and cordierite ceramic pizza-stones of a kind used for baking pizza or bread and originating in the PRC shall be released.
2.
The amounts secured by way of the provisional anti-dumping duties pursuant to Regulation (EU) No 1072/2012 on imports of ceramic tableware and kitchenware, excluding ceramic knives, ceramic condiment or spice mills and their ceramic grinding parts, ceramic peelers, ceramic knife sharpeners and cordierite ceramic pizza-stones of a kind used for baking pizza or bread and originating in the PRC, shall be definitively collected. The amounts secured in excess of the definitive rates of the anti-dumping duty shall be released.
Article 3
Article 1(2) may be amended by adding the new exporting producer to the cooperating companies not included in the sample and thus subject to the weighted average duty rate of 17,9 % where any new exporting producer in the PRC provides sufficient evidence to the Commission that:
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it did not export to the Union the product described in Article 1(1) during the investigation period (1 January 2011 to 31 December 2011);
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it is not related to any of the exporters or producers in the PRC which are subject to the measures imposed by this Regulation; and
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it has actually exported to the Union the product 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 Union.
Article 4
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.