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Commission Implementing Regulation (EU) 2023/1103 of 6 June 2023 imposing a definitive countervailing duty on imports of certain graphite electrode systems originating in India following an expiry review pursuant to Article 18 of Regulation (EU) 2016/1037 of the European Parliament and of the Council

Commission Implementing Regulation (EU) 2023/1103 of 6 June 2023 imposing a definitive countervailing duty on imports of certain graphite electrode systems originating in India following an expiry review pursuant to Article 18 of Regulation (EU) 2016/1037 of the European Parliament and of the Council

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union(1) (‘the basic Regulation’), and in particular Article 18 thereof,

Whereas:

    HAS ADOPTED THIS REGULATION:

    Article 1

    1.

    A definitive countervailing duty is hereby imposed on imports of graphite electrodes of a kind used for electric furnaces, with an apparent density of 1,65 g/cm3 or more and an electrical resistance of 6,0 μΩ.m or less, and nipples used for such electrodes, whether imported together or separately, currently falling under CN codes ex85451100 and ex85459090 (TARIC codes 8545110010 and 8545909010) and originating in India.

    2.

    The rates of the definitive countervailing 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

    Countervailing duty (%)

    TARIC additional code

    Graphite India Limited (GIL), 31 Chowringhee Road, Kolkatta – 700016, West Bengal

    6,3

    A530

    HEG Limited, Bhilwara Towers, A-12, Sector-1, Noida – 201301, Uttar Pradesh

    7,0

    A531

    All other companies

    7,2

    A999

    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

    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, 6 June 2023.

    For the Commission

    The President

    Ursula von der Leyen