LegalizeCommission Implementing Regulation (EU) 2021/2170 of 7 December 2021 imposing a definitive anti-dumping duty on imports of aluminium converter foil originating in the People’s Republic of China
Article 1
A definitive anti-dumping duty is imposed on imports of aluminium converter foil of a thickness of less than 0,021 mm, not backed, not further worked than rolled, in rolls of a weight exceeding 10 kg, currently falling under CN code ex 7607 11 19 (TARIC codes 7607111960 and 7607111991 ) and originating in People’s Republic of China.
The following products shall be excluded from the product described in paragraph 1:
- — Aluminium household foil of a thickness of not less than 0,008 mm and not more than 0,018 mm, not backed, not further worked than rolled, in rolls of a width not exceeding 650 mm and of a weight exceeding 10 kg.
- — Aluminium household foil of a thickness of not less than 0,007 mm and less than 0,008 mm, regardless of the width of the rolls, whether or not annealed.
- — Aluminium household foil of a thickness of not less than 0,008 mm and not more than 0,018 mm and in rolls of a width exceeding 650 mm, whether or not annealed.
- — Aluminium household foil of a thickness of more than 0,018 mm and less than 0,021 mm, regardless of the width of the rolls, whether or not annealed.
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 |
|---|---|---|
| Xiamen Xiashun Aluminium Foil Co., Ltd | 6,0 % | C687 |
| Yantai Donghai Aluminum Foil Co., Ltd. | 24,6 % | C688 |
| Jiangsu Zhongji Lamination Materials Co., Ltd. | 28,5 % | C686 |
| Other companies cooperating in both anti-subsidy and anti-dumping investigation listed in Annex 1 | 23,6 % | See Annex I |
| Other companies cooperating in anti-dumping investigation but not in anti-subsidy investigation listed in Annex II | 23,6 % | See Annex II |
| All other companies | 28,5 % | C999 |
The application of the individual duty rates specified for the companies mentioned in paragraph 3 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.
Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Should the definitive countervailing duties imposed by Article 1 of Commission Implementing Regulation (EU) 2021/2170 be modified or removed, the duties specified in paragraph 2 or in Annexes I and II will be increased by the same proportion limited to the actual dumping margin found or the injury margin found as appropriate per company and from the entry into force of this Regulation.
In cases where the countervailing duty has been subtracted from the anti-dumping duty for certain exporting producers, refund requests under Article 21 of Regulation (EU) 2016/1037 shall also trigger the assessment of the dumping margin for that exporting producer prevailing during the refund investigation period.
Article 2
Article 1 (3) may be amended to add new exporting producers from the People’s Republic of China 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:
- (a) it did not export the goods described in Article 1(1) during the period of investigation (1 July 2019-30 June 2020);
- (b) it is not related to an exporter or producer subject to the measures imposed by this Regulation; and
- (c) it has either actually exported the goods described in Article 1(1) 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 3
The amounts secured by way of the provisional anti-dumping duty under Implementing Regulation (EU) 2021/983 shall be definitively collected. The amounts secured in excess of the definitive rates of the anti-dumping duty shall be released.
Article 4
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 I
Other companies cooperating in both anti-subsidy and anti-dumping investigation
| Country | Name | TARIC additional code |
|---|---|---|
| People’s Republic of China | Zhangjiagang Fineness Aluminum Foil Co., Ltd. | C689 |
| People’s Republic of China | Kunshan Aluminium Co., Ltd. | C690 |
| People’s Republic of China | Luoyang Wanji Aluminium Processing Co., Ltd. | C692 |
| People’s Republic of China | Shanghai Sunho Aluminum Foil Co., Ltd. | C693 |
| People’s Republic of China | Binzhou Hongbo Aluminium Foil Technology Co. Ltd. | C694 |
ANNEX II
Other companies cooperating in the anti-dumping investigation but not in the anti-subsidy investigation
| Country | Name | TARIC additional code |
|---|---|---|
| People’s Republic of China | Suntown Technology Group Corporation Limited | C691 |
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