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Commission Implementing Regulation (EU) 2021/1930 of 8 November 2021 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of birch plywood originating in Russia

Commission Implementing Regulation (EU) 2021/1930 of 8 November 2021 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of birch plywood originating in Russia

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union(1) (‘the basic Regulation’), and in particular Article 9(4) thereof,

Whereas:

    HAS ADOPTED THIS REGULATION:

    Article 1

    1.

    A definitive anti-dumping duty is imposed on imports of plywood consisting solely of sheets of wood, each ply not exceeding 6 mm thickness, with outer plies of wood specified under subheading 4412 33, with at least one outer ply of birch wood, whether or not coated, originating in Russia, currently falling under CN code ex44123300 (TARIC code 4412330010).

    2.

    The rates 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

    Definitive anti-dumping duty

    TARIC additional code

    Zheshartsky LРK LLC

    15,80 %

    C661

    Sveza Group composed of seven exporting producers: “SVEZA Tyumen” Limited Liability Company; Joint Stock Company “SVEZA Ust-Izhora”; Joint Stock Company “SVEZA Verhnaya Sinyachiha”; Joint Stock Company “SVEZA Kostroma”; Joint Stock Company “SVEZA Manturovo”; Joint Stock Company “SVEZA Novator”; Limited Liability Company “SVEZA Uralskiy”

    14,40 %

    C659

    Syktyvkar Plywood Mill Ltd.

    15,72 %

    C660

    Other cooperating companies listed in the Annex

    14,85 %

    All other companies

    15,80 %

    C999

    3.

    The application of the individual duty rates specified for the companies mentioned in paragraph 2 shall be conditional upon presentation to the Member States’ customs authorities of a valid commercial invoice, on which shall appear a declaration dated and signed by an official of the entity issuing such invoice, identified by his/her name and function, drafted as follows: ‘I, the undersigned, certify that the (volume) of (product concerned) 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’. 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

    The amounts secured by way of the provisional anti-dumping duty under Implementing Regulation (EU) 2021/940 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 to add new exporting producers from Russia and make them subject to the appropriate weighted average anti-dumping duty rate for cooperating companies not included in the sample. A new exporting producer shall provide evidence that:

    1. it did not export the goods described in Article 1(1) during the period of investigation (1 July 2019 to 30 June 2020);

    2. it is not related to an exporter or producer subject to the measures imposed by this Regulation; and

    3. it has either actually exported the product concerned or has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the end of the period of investigation.

    Article 4

    1.

    Article 1.2 of Commission Implementing Regulation (EU) 2021/940 is amended as follows:

    ‘Sveza Group composed of seven exporting producers: JSC «SVEZA Manturovo»; JSC «SVEZA Novator»; Tyumen Plywood Plant Limited; JSC «SVEZA Ust-Izhora»; JSC «SVEZA Uralskiy»; JSC «SVEZA Kostroma»; JSC «SVEZA Verhnaya Sinyachiha»’

    is replaced by

    ‘Sveza Group composed of seven exporting producers: “SVEZA Tyumen” Limited Liability Company; Joint Stock Company “SVEZA Ust-Izhora”; Joint Stock Company “SVEZA Verhnaya Sinyachiha”; Joint Stock Company “SVEZA Kostroma”; Joint Stock Company “SVEZA Manturovo”; Joint Stock Company “SVEZA Novator”; Limited Liability Company “SVEZA Uralskiy”’.

    2.

    The Annex of Commission Implementing Regulation (EU) 2021/940 is amended as follows:

    ‘Murashi Plywood Factory’

    is replaced by

    ‘LLC Murashinskiy plywood plant’.

    3.

    This Article shall be applicable for the purposes of Article 2 as from 11 June 2021.

    Article 5

    ANNEXCooperating exporting producers not sampled