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Implementing Regulation of the Council (EU) No 363/2010Show full title

Implementing Regulation of the Council (EU) No 363/2010 of 26 April 2010 amending Regulation (EC) No 1001/2008 imposing a definitive anti-dumping duty on imports of certain tube and pipe fittings of iron or steel originating, inter alia, in Malaysia

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Article 1

1.In Article 1(2) of Regulation (EC) No 1001/2008, the following shall be inserted into the table under producers in Malaysia:

CountryCompanyRate of duty (%)TARIC additional code
MalaysiaPantech Steel Industries Sdn Bhd49,9A961

2.The duty hereby imposed shall also be levied retroactively on imports of the product concerned which have been registered pursuant to Article 3 of Regulation (EC) No 692/2009.

The customs authorities are hereby directed to cease the registration of imports of the product concerned originating in Malaysia produced by Pantech Steel Industries Sdn Bhd.

3.In Article 1 of Regulation (EC) No 1001/2008 the following paragraph shall be added:

3.The application of the individual duty rates specified for Pantech Steel Industries Sdn Bhd 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 the Annex. If no such invoice is presented, the duty rate applicable to all other companies shall apply.

4.The addition of the above paragraph in Regulation (EC) No 1001/2008 implies that Article 1(3) of that Regulation is to be renumbered as Article 1(4).

5.In Regulation (EC) No 1001/2008, the following Annex shall be added:

‘ANNEX

A declaration signed by an official of the entity issuing the commercial invoice, in the following format, must appear on the valid commercial invoice referred to in Article 1(3):

1.

The name and function of the official of the entity issuing the commercial invoice.

2.

The following declaration: “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 and that the invoiced price is final and will not be compensated, in part or in whole, via any practice.

Date and signature”.’.

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

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