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Commission Regulation (EC) No 145/2005 of 28 January 2005 imposing a provisional anti-dumping duty on imports of barium carbonate originating in the People's Republic of China

Commission Regulation (EC) No 145/2005 of 28 January 2005 imposing a provisional anti-dumping duty on imports of barium carbonate originating in the People's Republic of China

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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 7 thereof,

After consulting the Advisory Committee,

Whereas:

    HAS ADOPTED THIS REGULATION:

    Article 1

    1.

    A provisional anti-dumping duty is hereby imposed on imports of barium carbonate with a strontium content of more than 0,07 % by weight and a sulphur content of more than 0,0015 % by weight, whether in powder, pressed granular or calcined granular form, falling within CN code ex28366000 (TARIC code 2836600010), originating in the People's Republic of China.

    2.

    The amount of the provisional anti-dumping duty shall be equal to a fixed amount as specified below for products produced by the following manufacturers:

    Country

    Manufacturer

    Rate of duty

    (EUR/t)

    TARIC additional code

    People's Republic of China

    Hubei Jingshan Chutian Barium Salt Corp. Ltd

    62, Qinglong Road, Songhe Town, Jingshan County

    Hubei Province, PRC

    20,6

    A606

    Zaozhuang Yongli Chemical Co.

    South Zhuzibukuang Qichun, Zaozhuang City Center District

    Shangdong Province, PRC

    45,7

    A607

    All other companies

    60,8

    A999

    3.

    The release for free circulation in the Community of the product referred to in paragraph 1 shall be subject to the provisions of a security, equivalent to the amount of the provisional duty.

    4.

    In cases where the goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is apportioned for the determination of the customs value pursuant to Article 145 of Commission Regulation (EEC) No 2454/93(4), the amount of the anti-dumping duty, calculated on the basis of the fixed amounts set above, shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable.

    5.

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

    Article 2

    Without prejudice to Article 20 of Council Regulation (EC) No 384/96, interested parties may request disclosure of the essential facts and considerations on the basis of which this Regulation was adopted, make their views known in writing and apply to be heard orally by the Commission within one month of the date of entry into force of this Regulation.

    Pursuant to Article 21(4) of Council Regulation (EC) No 384/96, the parties concerned may comment on the application of this Regulation within one month of the date of its entry into force.

    Article 3

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

    Article 1 of this Regulation shall apply for a period of six months.

    This Regulation shall be binding in its entirety and directly applicable in all Member States.

    Done at Brussels, 28 January 2005.

    For the Commission

    Peter Mandelson

    Member of the Commission