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Commission Implementing Regulation (EU) 2023/2653 of 27 November 2023 amending Implementing Regulation (EU) 2023/1776 imposing a definitive anti-dumping duty on imports of melamine originating in the People’s Republic of China following a new exporter review pursuant to Article 11(4) of Regulation (EU) 2016/1036 of the European Parliament and of the Council

Commission Implementing Regulation (EU) 2023/2653 of 27 November 2023 amending Implementing Regulation (EU) 2023/1776 imposing a definitive anti-dumping duty on imports of melamine originating in the People’s Republic of China following a new exporter review pursuant to Article 11(4) of Regulation (EU) 2016/1036 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) 2016/1036 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 11(4) thereof,

Having regard to Commission Implementing Regulation (EU) 2023/1776 of 14 September 2023 imposing a definitive anti-dumping duty on imports of melamine originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council(2),

Whereas:

    HAS ADOPTED THIS REGULATION:

    Article 1

    Paragraph 2 of Article 1 of Implementing Regulation (EU) 2023/1776 is replaced by the following:

    ‘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

    Minimum import price (EUR/tonne net product weight)

    Duty (EUR/tonne net product weight)

    TARIC additional code

    Sichuan Golden-Elephant Sincerity Chemical Co., Ltd

    1 153

    A 986

    Shandong Holitech Chemical Industry Co., Ltd

    1 153

    A 987

    Henan Junhua Development Company Ltd

    1 153

    A 988

    Xinjiang Xinlianxin Energy Chemical Co., Ltd.

    1 346

    8 99B

    All other companies

    415

    A 999’

    Article 2

    1.

    The duty imposed by Article 1 to imports of melamine, currently falling under CN code 2933 61 00, originating in the PRC, produced for export to the Union by Xinjiang Xinlianxin Energy Chemical Co., Ltd. shall be collected on imports registered in accordance with Article 3 of Implementing Regulation (EU) 2023/442. The amount of the anti-dumping duty to be collected on registered imports shall be the difference between the minimum import price and the net, free-at-Union-frontier price, before duty, in all cases where the latter is less than the minimum import price. No duty shall be collected on those registered imports where the net free-at-Union-frontier price, before duty, is equal to or higher than the corresponding minimum import price.

    2.

    Customs authorities are hereby directed to discontinue the registration of imports, established in accordance with Article 3 of Implementing Regulation (EU) 2023/442, which is hereby repealed.

    Article 3

    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, 27 November 2023.

    For the Commission

    The President

    Ursula von der Leyen