Commission Regulation (EC) No 1130/2008 of 14 November 2008 imposing a provisional anti-dumping duty on imports of certain candles, tapers and the like originating in the People’s Republic of China

A provisional anti-dumping duty is hereby imposed on imports of candles, tapers and the like, other than memory lights and other outdoor burners,, falling within CN codes ex34060011, ex34060019 and ex34060090 (TARIC codes 3406001190, 3406001990 and 3406009090), originating in the People’s Republic of China.

For the purposes of this Regulation ‘memory lights and other outdoor burners’ means candles, tapers and the like which have one or more of the following characteristics:

1. their fuel contains more than 500 ppm of toluene;

2. their fuel contains more than 100 ppm benzene;

3. they have a wick with a diameter of at least 5 millimetres;

4. they are individually contained in a plastic container with vertical walls of at least 5 cm in height.

The rate of the provisional anti-dumping duty shall be a fixed amount of euro per tonne of the fuel (usually but not necessarily in the form of tallow, stearin, paraffin wax or other waxes, including the wick) content of the products manufactured by the companies as shown below:

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

In cases where 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⁽³⁾, the amount of anti-dumping duty, calculated on the amounts set above, shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable.

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

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.