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Council Implementing Regulation (EU) No 1138/2011 of 8 November 2011 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain fatty alcohols and their blends originating in India, Indonesia and Malaysia

Council Implementing Regulation (EU) No 1138/2011 of 8 November 2011 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain fatty alcohols and their blends originating in India, Indonesia and Malaysia

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 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 European Commission (the Commission) after having consulted the Advisory Committee,

Whereas:

    HAS ADOPTED THIS REGULATION:

    Article 1

    1.

    A definitive anti-dumping duty is hereby imposed on imports of saturated fatty alcohols with a carbon chain length of C8, C10, C12, C14, C16 or C18 (not including branched isomers) including single saturated fatty alcohols (also referred to as ‘single cuts’) and blends predominantly containing a combination of carbon chain lengths C6-C8, C6-C10, C8-C10, C10-C12 (commonly categorised as C8-C10), blends predominantly containing a combination of carbon chain lengths C12-C14, C12-C16, C12-C18, C14-C16 (commonly categorised as C12-C14) and blends predominantly containing a combination of carbon chain lengths C16-C18, currently falling within CN codes ex29051685, 2905 17 00, ex29051900 and ex38237000 (TARIC codes 2905168510, 2905190060, 3823700011 and 3823700091) and originating in India, Indonesia, and Malaysia.

    2.

    The rate of the definitive anti-dumping duty of the products described in paragraph 1 and produced by the companies below shall be as follows:

    Country

    Company

    Definitive anti-dumping duty (EUR per tonne net)

    TARIC Additional Code

    India

    VVF Ltd, Taloja, Maharashtra

    46,98

    B110

    All other companies

    86,99

    B999

    Indonesia

    P.T. Musim Mas, Tanjung Mulia, Medan, Sumatera Utara

    45,63

    B112

    All other companies

    80,34

    B999

    Malaysia

    KL-Kepong Oleomas Sdn Bhd., Pelabuhan Klang, Selangor Darul Ehsan

    35,19

    B113

    Emery Oleochemicals (M) Sdn. Bhd., Kuala Langat, Selangor

    61,01

    B114

    Fatty Chemical Malaysia Sdn. Bhd. Prai, Penang

    51,07

    B117

    All other companies

    61,01

    B999

    3.

    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 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(11), 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.

    4.

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

    Article 2

    The amounts secured by way of the provisional anti-dumping duty pursuant to Regulation (EU) No 446/2011 shall be definitively collected. The amounts secured in excess of the rates of the definitive anti-dumping duty shall be released.

    Article 3

    This Regulation shall enter into force on the day following 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.

    Done at Brussels, 8 November 2011.

    For the Council

    The President

    J. Vincent-Rostowski