Article 1
1.
A definitive anti-dumping duty is hereby imposed on imports of open mesh fabrics of glass fibres, of a cell size of more than 1,8 mm both in length and in width and weighing more than 35 g/m2, excluding fibreglass discs, currently falling within CN codes ex 7019 51 00 and ex 7019 59 00 (TARIC codes 7019 51 00 19 and 7019 59 00 19) and originating in the People's Republic of China.
2.
The rate of the definitive anti-dumping duty applicable to the CIF net, free-at-Union-frontier price, before duty, of the product described in paragraph 1 and originating in the People's Republic of China shall be as follows:
Company | Duty (%) | TARIC additional code |
|---|---|---|
Yuyao Mingda Fiberglass Co., Ltd | 62,9 | B006 |
Grand Composite Co., Ltd and its related company Ningbo Grand Fiberglass Co., Ltd | 48,4 | B007 |
Yuyao Feitian Fiberglass Co., Ltd | 60,7 | B122 |
Companies listed in Annex | 57,7 | B008 |
All other companies | 62,9 | B999 |
F13.
The definitive anti-dumping duty applicable to imports originating in the People's Republic of China, as set out in paragraph 2, is hereby extended to imports of the same open mesh fabrics consigned from India and Indonesia, whether declared as originating in India and Indonesia or not (TARIC codes 7019 51 00 14 , 7019 51 00 15 , 7019 59 00 14 and 7019 59 00 15 ) with the exception of those produced by Montex Glass Fibre Industries Pvt. Ltd (TARIC additional code B942 ), Pyrotek India Pvt. Ltd (TARIC additional code C051 ), and SPG Glass Fibre Pvt. Ltd (TARIC additional code C205 ), to imports of the same open mesh fabrics consigned from Malaysia, whether declared as originating in Malaysia or not (TARIC codes 7019 51 00 11 and 7019 59 00 11 ) and to imports of the same open mesh fabrics consigned from Taiwan and Thailand, whether declared as originating in Taiwan and Thailand or not (TARIC codes 7019 51 00 12 , 7019 51 00 13 , 7019 59 00 12 and 7019 59 00 13 ).
The application of the exemption granted to Montex Glass Fibre Industries Pvt. Ltd, Pyrotek India Pvt. Ltd and SPG Glass Fibre PVT. Ltd 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 to this Regulation. If no such invoice is presented, the anti-dumping duty as imposed by paragraph 1 shall apply.
4.
Unless otherwise specified, the provisions in force concerning customs duties shall apply.
5.
Where any new exporting producer in the People's Republic of China provides sufficient evidence to the Commission that:
(a)
it did not export to the Union the product described in paragraph 1 in the period between 1 April 2009 to 31 March 2010 (original investigation period),
(b)
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,
(c)
it has actually exported to the Union the product concerned or it has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the end of the original investigation period,
the Commission may amend the Annex by adding the new exporting producer to the cooperating companies not included in the sample and thus subject to the weighted average duty of not exceeding 57,7 %.