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Council Regulation (EC) No 261/2008Show full title
Council Regulation (EC) No 261/2008 of 17 March 2008 imposing a definitive anti-dumping duty on imports of certain compressors originating in the People’s Republic of China
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Article 1U.K.
1.A definitive anti-dumping duty is hereby imposed on imports of reciprocating compressors (excluding reciprocating compressor pumps), giving a flow not exceeding 2 cubic metres (m3) per minute, falling within CN codes ex 8414 40 10, ex 8414 80 22, ex 8414 80 28 and ex 8414 80 51, (TARIC codes 8414 40 10 10, 8414 80 22 19, 8414 80 22 99, 8414 80 28 11, 8414 80 28 91, 8414 80 51 19 and 8414 80 51 99) and originating in the People’s Republic of China.
2.The rate of anti-dumping duty applicable to the net, free-at-Community-frontier price, before duty, of the products described in paragraph 1 and produced by the companies below shall be as follows:
| Company | Duty | TARIC additional codes |
|---|---|---|
| Zhejiang Xinlei Mechanical & Electrical Co., Ltd, Wenling | 77,6 % | A860 |
| Zhejiang Hongyou Air Compressor Manufacturing Co., Ltd, Wenling and Taizhou Hutou Air Compressors Manufacturing Co., Ltd, Wenling | 76,6 % | A861 |
| Shanghai Wealth Machinery & Appliance Co., Ltd, Shanghai and Wealth (Nantong) Machinery Co., Ltd, Nantong | 73,2 % | A862 |
| Zhejiang Anlu Cleaning Machinery Co., Ltd, Taizhou | 67,4 % | A863 |
| Nu Air (Shanghai) Compressor and Tools Co., Ltd, Shanghai | 13,7 % | A864 |
| FIAC Air Compressors (Jiangmen) Co., Ltd, Jiangmen | 10,6 % | A865 |
| Cooperating companies not included in the sample (listed in Annex) | 51,6 % | A866 |
| All other companies | 77,6 % | A999 |
3.Unless otherwise specified, the provisions in force concerning customs duties shall apply.
4.Where any new exporting producer in the People's Republic of China provides sufficient evidence to the Commission that:
it did not export to the Community the product described in paragraph 1 in the period between 1 October 2005 and 30 September 2006 (investigation period),
it is not related to any exporter or producer in the People's Republic of China which is subject to the anti-dumping measures imposed by this Regulation,
it has actually exported to the Community the product concerned after the investigation period on which the measures are based, or it has entered into an irrevocable contractual obligation to export a significant quantity to the Community,
it operates under market economy conditions, as defined in Article 2(7)(c) of the basic Regulation, or alternatively that it fulfils the requirements to have an individual duty in accordance with Article 9(5) of that Regulation,
the Council, acting by simple majority on a proposal submitted by the Commission after consulting the Advisory Committee, may amend paragraph 2 by adding the new exporting producer to the cooperating companies not included in the sample and thus subject to the weighted average duty of 51,6 %.
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