Legal provisions of COM(2008)822 - Definitive anti-dumping duty on imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) from China

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dossier COM(2008)822 - Definitive anti-dumping duty on imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) from China.
document COM(2008)822 EN
date December 31, 2008

Contents

Article 1

1. A definitive anti-dumping duty is hereby imposed on imports of prepared or preserved mandarins (including tangerines and satsumas), clementines, wilkings and other similar citrus hybrids, not containing added spirit, whether or not containing added sugar or other sweetening matter, and as defined under CN heading 2008, originating in the People’s Republic of China, falling within CN codes 2008 30 55, 2008 30 75 and ex 2008 30 90 (TARIC codes 2008309061, 2008309063, 2008309065, 2008309067, 2008309069).

2. The amount of the definitive anti-dumping duty applicable for products described in paragraph 1 produced by the companies below shall be as follows:

CompanyEUR/tonne

net product weight
TARIC additional code
Yichang Rosen Foods Co., Ltd, Yichang, Zhejiang531,2A886
Huangyan No 1 Canned Food Factory, Huangyan, Zhejiang361,4A887
Zhejiang Xinshiji Foods Co., Ltd, Sanmen, Zhejiang and its related producer Hubei Xinshiji Foods Co., Ltd, Dangyang City, Hubei Province490,7A888
Cooperating exporting producers not included in the sample as set out in the Annex499,6A889
All other companies531,2A999

Article 2

1. In cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is apportioned for the determination of the customs value pursuant to Article 145 of Commission Regulation (EEC) No 2454/93 (9) the amount of anti-dumping duty, calculated on the basis of Article 1 above, shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable.

2. Unless otherwise specified, the provisions in force concerning customs duties shall apply.

Article 3

1. Amounts secured by way of the provisional anti-dumping duty pursuant to Regulation (EC) No 642/2008 shall be definitively collected at the rate of the provisional duty.

2. For the cooperating exporting producers that were erroneously not listed under the Annex of cooperating exporting producers to Regulation (EC) No 642/2008, namely Ningbo Pointer Canned Foods Co., Ltd, Xiangshan, Ningbo, Ninghai Dongda Foodstuff Co., Ltd, Ningbo, Zhejiang and Toyoshima Share Yidu Foods Co., Ltd, Yidu, Hubei, the amounts secured in excess of the provisional duty applicable to cooperating producers not included to the sample shall be released.

Article 4

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.