Council Implementing Regulation (EU) No 1105/2010 of 29 November 2010 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of high tenacity yarn of polyesters originating in the People’s Republic of China and terminating the proceeding concerning imports of high tenacity yarn of polyesters originating in the Republic of Korea and Taiwan
COUNCIL IMPLEMENTING REGULATION (EU) No 1105/2010
of 29 November 2010
imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of high tenacity yarn of polyesters originating in the People’s Republic of China and terminating the proceeding concerning imports of high tenacity yarn of polyesters originating in the Republic of Korea and Taiwan
Article 1
A definitive anti-dumping duty is hereby imposed on imports of high tenacity yarn of polyesters not put up for retail sale, including monofilament of less than 67 decitex (excluding sewing thread and ‘Z’-twisted multiple (folded) or cabled yarn, intended for the production of sewing thread, ready for dyeing and for receiving a finishing treatment, loosely wound on a plastic perforated tube), currently falling within CN Code ex 5402 20 00 (TARIC code 5402200010 ) and originating in the People's Republic of China.
The rate 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 below shall be as follows:
| Company | Duty (%) | TARIC additional code |
|---|---|---|
| Zhejiang Guxiandao Industrial Fibre Co. Ltd | 5,1 | A974 |
| Zhejiang Hailide New Material Co. Ltd | 0 | A976 |
| Zhejiang Unifull Industrial Fibre Co. Ltd | 5,5 | A975 |
| Companies listed in the Annex | 5,3 | A977 |
| Hangzhou Huachun Chemical Fiber Co. Ltd | 0 | A989 |
| Oriental Industries (Suzhou) Ltd | 9,8 | A990 |
| All other companies | 9,8 | A999 |
Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2
The anti-dumping proceeding concerning imports of high tenacity yarn of polyesters originating in the Republic of Korea and Taiwan is hereby terminated.
Article 3
The amounts secured by way of the provisional anti-dumping duty pursuant to Regulation (EU) No 478/2010 on imports of high tenacity yarn of polyesters (other than sewing thread), not put up for retail sale, including monofilament of less than 67 decitex currently falling within CN code 5402 20 00 and originating in the People’s Republic of China shall be definitively collected at the rate of the definitive duty imposed pursuant to Article 1. The amounts secured in excess of the definitive rates of the anti-dumping duty shall be released.
Article 4
Where any new exporting producer in the People’s Republic of China provides sufficient evidence to the Commission that:
- —it did not export to the Union the product described in Article 1(1) during the investigation period (1 July 2008 to 30 June 2009),
- —it is not related to any of the exporters or producers in the People’s Republic of China which are subject to the measures imposed by this Regulation,
- —it has actually exported to the Union the product concerned after the investigation period on which the measures are based, or it has entered into an irrevocable contractual obligation to export a significant quantity to the Union,
the Council, acting by simple majority on a proposal submitted by the Commission after consulting the Advisory Committee, may amend Article 1(2) by adding the new exporting producer to the cooperating companies not included in the sample and thus subject to the weighted average duty rate of 5,3 %.
Article 5
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.
ANNEX
CHINESE COOPERATING EXPORTING PRODUCERS NOT SAMPLED
Taric Additional Code A977
| Company name | City |
|---|---|
| Heilongjiang Longdi Co. Ltd | Harbin |
| Jiangsu Hengli Chemical Fibre Co. Ltd | Wujiang |
| Hyosung Chemical Fiber (Jiaxing) Co. Ltd | Jiaxing |
| Shanghai Wenlong Chemical Fiber Co. Ltd | Shanghai |
| Shaoxing Haiu Chemistry Fibre Co. Ltd | Shaoxing |
| Sinopec Shanghai Petrochemical Company | Shanghai |
| Wuxi Taiji Industry Co. Ltd | Wuxi |
| Zhejiang Kingsway High-Tech Fiber Co. Ltd | Haining City |
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