Legal provisions of COM(2008)901 - Definitive anti-dumping duty on imports of certain iron or steel fasteners from China

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dossier COM(2008)901 - Definitive anti-dumping duty on imports of certain iron or steel fasteners from China.
document COM(2008)901 EN
date February  1, 2009

Contents

Article 1

1. A definitive anti-dumping duty is hereby imposed on certain iron or steel fasteners, other than of stainless steel, i.e. wood screws (excluding coach screws), self-tapping screws, other screws and bolts with heads (whether or not with their nuts or washers, but excluding screws turned from bars, rods, profiles or wire, of solid section, of a shank thickness not exceeding 6 mm and excluding screws and bolts for fixing railway track construction material), and washers, originating in the People's Republic of China, falling within CN codes 7318 12 90, 7318 14 91, 7318 14 99, 7318 15 59, 7318 15 69, 7318 15 81, 7318 15 89, ex 7318 15 90, ex 7318 21 00 and ex 7318 22 00 (TARIC codes 7318159019, 7318159069, 7318159089, 7318210029, 7318210099, 7318220029 and 7318220099).

2. The rate of the definitive anti-dumping duty applicable to the net, free-at-Community-frontier price, before duty, of the products manufactured by the companies listed below shall be as follows:

CompanyDuty

(%)
TARIC additional code
Biao Wu Tensile Fasteners Co., Ltd, Shanghai69,9A924
CELO Suzhou Precision Fasteners Co., Ltd, Suzhou0,0A918
Changshu City Standard Parts Factory and Changshu British Shanghai International Fastener Co., Ltd, Changshu63,1A919
Golden Horse (Dong Guan) Metal Manufactory Co., Ltd, Dong Guan26,5A920
Kunshan Chenghe Standard Components Co., Ltd, Kunshan79,5A921
Ningbo Jinding Fastener Co., Ltd, Ningbo64,4A922
Ningbo Yonghong Fasteners Co., Ltd, Ningbo78,3A923
Yantai Agrati Fasteners Co., Ltd, Yantai0,0A925
Companies listed in Annex I77,5A928
All other companies85,0A999

3. The application of the individual duty rates specified for the companies mentioned in paragraph 2 shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in Annex II. If no such invoice is presented, the duty rate applicable to all other companies shall apply.

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

Article 2

Where any party from the People's Republic of China provides sufficient evidence to the Commission that it did not export the goods described in Article 1(1) originating from the People's Republic of China during the period of investigation, that is 1 October 2006 to 30 September 2007; that it is not related to an exporter or producer subject to the measures imposed by this Regulation; and that it has either actually exported the goods concerned or has entered into an irrevocable contractual obligation to export a significant quantity to the Community after the end of the period of investigation, the Council, acting by simple majority on a proposal by the Commission, after consulting the Advisory Committee, may amend Article 1(2) in order to attribute to that party the duty applicable to cooperating producers not in the sample, i.e., 77,5 %.

Article 3

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.