Regulation 2008/1355 - Definitive anti-dumping duty on imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) from China - Main contents
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official title
Council Regulation (EC) No 1355/2008 of 18 December 2008 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People’s Republic of China| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2008/1355 |
| Original proposal | COM(2008)822  |
| CELEX number i | 32008R1355 |
| Document | 18-12-2008 |
|---|---|
| Publication in Official Journal | 30-12-2008; OJ L 350, 30.12.2008,Special edition in Croatian: Chapter 11 Volume 082 |
| Effect | 30-12-2008; Entry into force Date pub. See Art 4 |
| End of validity | 31-12-9999 |
30.12.2008 |
EN |
Official Journal of the European Union |
L 350/35 |
COUNCIL REGULATION (EC) No 1355/2008
of 18 December 2008
imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People’s Republic of China
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (the ‘basic Regulation’) and in particular Article 9 thereof,
Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,
Whereas:
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A.PROVISIONAL MEASURES
(1) |
On 20 October 2007 the Commission announced by a notice published in the Official Journal of the European Union the initiation of an anti-dumping proceeding concerning imports into the Community of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People’s Republic of China (PRC) (2). On 4 July 2008, the Commission, by Regulation (EC) No 642/2008 (3) (the ‘provisional Regulation’) imposed a provisional anti-dumping duty on imports of certain prepared or preserved citrus fruits originating in the PRC. |
(2) |
The proceeding was initiated as a result of a complaint lodged on 6 September 2007 by the Spanish National Federation of Associations of Processed Fruit and Vegetables (FNACV) (the complainant) on behalf of producers representing 100 % of the total Community production of certain prepared or preserved citrus fruits (namely mandarins etc.). The complaint contained evidence of dumping of the product concerned and of material injury resulting there from, which was considered sufficient to justify the initiation of a proceeding. |
(3) |
As set out in recital 12 of the provisional Regulation, the investigation of dumping and injury covered the period from 1 October 2006 to 30 September 2007 (IP). The examination of trends relevant for the assessment of injury covered the period from 1 October 2002 to the end of the investigation period (period considered). |
(4) |
On 9 November 2007, the Commission made imports of the same product originating in the PRC subject to registration by Regulation (EC) No 1295/2007 (4). |
(5) |
It is recalled that safeguard measures were in force against the same product until 8 November 2007. The Commission imposed provisional safeguard measures against imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) by Regulation (EC) No 1964/2003 (5). Definitive safeguard measures followed by Regulation (EC) No 658/2004 (the ‘safeguard Regulation’) (6). Both the provisional and definitive safeguard measures consisted of a tariff rate quota i.e. a duty was only due once the volume of duty free imports had been exhausted. |
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B.SUBSEQUENT PROCEDURE
(6) |
Following the imposition of provisional anti-dumping duties on imports of the product concerned originating in the PRC; several interested parties submitted comments in writing. The parties who so requested were also granted the opportunity to be heard. |
(7) |
The Commission continued to seek and verify all information it deemed necessary for its definitive findings. In particular, the Commission completed the investigation with regard to Community interest aspects. In this respect, verification visits were carried out at the premises of the following unrelated importers in the Community:
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