LegalizeCommission Implementing Regulation (EU) 2015/82 of 21 January 2015 imposing a definitive anti-dumping duty on imports of citric acid originating in the People's Republic of China following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009 and of partial interim reviews pursuant to Article 11(3) of Regulation (EC) No 1225/2009
COMMISSION IMPLEMENTING REGULATION (EU) 2015/82
of 21 January 2015
imposing a definitive anti-dumping duty on imports of citric acid originating in the People's Republic of China following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009 and of partial interim reviews pursuant to Article 11(3) of Regulation (EC) No 1225/2009
Article 1
A definitive anti-dumping duty is imposed on imports of citric acid and trisodium citrate dihydrate, currently falling within CN codes 2918 14 00 and ex 2918 15 00 (TARIC code 2918150010 ) and originating in the People's Republic of China.
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 |
|---|---|---|
| COFCO Biochemical (Anhui) Co., Ltd — No 1 COFCO Avenue, Bengbu City 233010, Anhui Province, PRC | 35,7 | A874 |
| Laiwu Taihe Biochemistry Co., Ltd — No 106 Luzhong Large East Street, Laiwu City, Shandong Province, PRC | 15,3 | A880 |
| RZBC Co., Ltd — No 9 Xinghai West Road, Rizhao City, Shandong Province, PRC | 36,8 | A876 |
| RZBC (Juxian) Co., Ltd — No 209 Laiyang Road, Juxian Economic Development Zone, Rizhao City, Shandong Province, PRC | 36,8 | A877 |
| TTCA Co., Ltd — West, Wenhe Bridge North, Anqiu City, Shandong Province, PRC | 42,7 | A878 |
| Weifang Ensign Industry Co., Ltd — No 1567 Changsheng Street, Changle, Weifang, Shandong Province, PRC | 33,8 | A882 |
| Jiangsu Guoxin Union Energy Co., Ltd — No 1 Redian Road, Yixing Economic Development Zone, Jiangsu Province, PRC | 32,6 | A879 |
| All other companies | 42,7 | A999 |
Notwithstanding paragraph 1, the definitive anti-dumping duty shall not apply to imports released for free circulation in accordance with Article 2.
Unless otherwise specified, the relevant provisions in force concerning customs duties shall apply.
Article 2
Imports declared for release into free circulation which are invoiced by companies from which undertakings are accepted by the Commission and whose names are listed in Implementing Decision (EU) 2015/87 shall be exempt from the anti-dumping duty imposed by Article 1, on condition that:
- (a)they are manufactured, shipped and invoiced directly by the said companies to the first independent customer in the Union; and
- (b)such imports are accompanied by an undertaking invoice which is a commercial invoice containing at least the elements and the declaration stipulated in the Annex to this Regulation; and
- (c)the goods declared and presented to customs correspond precisely to the description on the undertaking invoice.
A customs debt shall be incurred at the time of acceptance of the declaration for release into free circulation:
- (a)whenever it is established, in respect of imports described in paragraph 1, that one or more of the conditions listed in that paragraph are not fulfilled; or
- (b)when the Commission withdraws its acceptance of the undertaking pursuant to Article 8(9) of Regulation (EC) No 1225/2009 in a Regulation or Decision which refers to particular transactions and declares the relevant undertaking invoices as invalid.
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.
ANNEX
The following elements shall be indicated in the commercial invoice accompanying the companies' sales to the European Union of goods which are subject to the undertaking:
- 1.The heading ‘COMMERCIAL INVOICE ACCOMPANYING GOODS SUBJECT TO AN UNDERTAKING’.
- 2.The name of the company issuing the commercial invoice.
- 3.The commercial invoice number.
- 4.The date of issue of the commercial invoice.
- 5.The TARIC additional code under which the goods on the invoice are to be customs-cleared at the European Union frontier.
- 6.The exact description of the goods, including:
- —the product code number (PCN) used for the purpose of the undertaking,
- —plain language description of the goods corresponding to the PCN concerned,
- —the company product code number (CPC),
- —TARIC code,
- —quantity (to be given in tonnes).
- 7.The description of the terms of the sale, including:
- —price per tonne,
- —the applicable payment terms,
- —the applicable delivery terms,
- —total discounts and rebates.
- 8.Name of the company acting as an importer in the European Union to which the commercial invoice accompanying the goods subject to an undertaking is issued directly by the company.
- 9.The name of the official of the company that has issued the commercial invoice and the following signed declaration:
‘I, the undersigned, certify that the sale for direct export to the European Union of the goods covered by this invoice is being made within the scope and under the terms of the Undertaking offered by (COMPANY), and accepted by the European Commission through Implementing Decision (EU) 2015/87. I declare that the information provided in this invoice is complete and correct.’
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