2012R1039 — EN — 09.11.2012 — 000.001

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COUNCIL IMPLEMENTING REGULATION (EU) No 1039/2012

of 29 October 2012

imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of aluminium radiators originating in the People’s Republic of China

Article 1

1.  A definitive anti-dumping duty is hereby imposed on imports of aluminium radiators and elements or sections of which such radiator is composed, whether or not such elements are assembled in blocks, excluding radiators and elements and sections thereof of the electrical type, currently falling within CN codes ex 7615 10 10 , ex 7615 10 90 , ex 7616 99 10 and ex 7616 99 90 (TARIC codes 7615101010 , 7615109010 , 7616991091 , 7616999001 and 7616999091 ) and originating in the People’s Republic of China.

2.  The rate of the definitive anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty, of the product described in paragraph 1 and produced by the companies below shall be as follows:

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 applicable to all other companies shall apply.

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

Article 2

The amounts secured by way of the provisional anti-dumping duty pursuant to Regulation (EU) No 402/2012 on imports of aluminium radiators originating in the People’s Republic of China, shall be definitively collected. The amounts secured in excess of the definitive rates of the anti-dumping duty shall be released.

Article 3

Where any new exporting producer in the People’s Republic of China provides sufficient evidence to the Commission that:

the Council, acting by simple majority on a proposal submitted by the Commission after consulting the Advisory Committee, may amend Article 1(2) by adding the new exporting producer to the cooperating companies not included in the sample and thus subject to the weighted average duty rate of 21,2 %.

Article 4

This Regulation shall enter into force on the day following that of 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.

ANNEX I

ANNEX II

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 ) OJ L 343, 22.12.2009, p. 51.

( 2 ) OJ L 124, 11.5.2012, p. 17.

( 3 ) OJ C 236, 12.8.2011, p. 18.

( 4 ) www.bloomberg.com

( 5 ) http://news.xinhuanet.com/english/2008-12/26/content_10564812.htm

( 6 ) WTO, report of the Appellate Body, AB-2011-2, WT/DS397/AB/R, 15 July 2011. WTO, report of the Panel, WT/DS397/R, 29 September 2010. The reports can be downloaded from the WTO’s website (http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds397_e.htm).

( 7 ) OJ L 201, 26.7.2001, p. 10.

( 8 ) European Commission, Directorate-General for Trade, Directorate H, Office: NERV-105, 08/020, 1049 Bruxelles/Brussel BELGIQUE/BELGIË.