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Commission Implementing Regulation (EU) No 360/2014 of 9 April 2014 imposing a definitive anti-dumping duty on imports of ferro-silicon originating in the People's Republic of China and Russia, following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009

Commission Implementing Regulation (EU) No 360/2014 of 9 April 2014 imposing a definitive anti-dumping duty on imports of ferro-silicon originating in the People's Republic of China and Russia, following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009

THE EUROPEAN COMMISSION,

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 11(2), (5) and (6) thereof,

Whereas:

    HAS ADOPTED THIS REGULATION:

    Article 1

    1.

    A definitive anti-dumping duty is hereby imposed on imports of ferro-silicon, currently falling within CN codes 7202 21 00, 7202 29 10 and 7202 29 90 and originating in the People's Republic of China and Russia.

    2.

    The rate of the definitive anti-dumping duty applicable to the, net free-at-Union-frontier price, before duty, of the products described in paragraph 1, and manufactured by the companies listed below shall be as follows:

    Country

    Company

    Anti-Dumping Duty Rate (%)

    TARIC Additional Code

    The People's Republic of China

    Erdos Xijin Kuangye Co. Ltd, Qipanjing Industry Park

    15,6

    A829

    Lanzhou Good Land Ferroalloy Factory Co., Ltd, Xicha Villa

    29,0

    A830

    All other companies

    31,2

    A999

    Russia

    Bratsk Ferroalloy Plant, Bratsk

    17,8

    A835

    All other companies

    22,7

    A999

    3.

    The application of the individual 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 conform to the requirements set out in the Annex. If no such invoice is presented, the duty rate applicable to ‘all other companies’ shall apply.

    4.

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

    Article 2

    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.

    Done at Brussels, 9 April 2014.

    For the Commission

    The President

    José Manuel Barroso

    ANNEX

    A declaration signed by an official of the entity issuing the commercial invoice, in the following format, must appear on the valid commercial invoice referred to in Article 1(3):

    1. The name and function of the official of the entity issuing the commercial invoice.

    2. The following declaration:

      ‘I, the undersigned, certify that the (volume) of ferro-silicon sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in (country concerned). I declare that the information provided in this invoice is complete and correct.’

      Date and signature