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            COUNCIL REGULATION (EC) No 1942/2004

of 2 November 2004         

imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of okoumé plywood 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:

A.   PROVISIONAL MEASURES

B.   SUBSEQUENT PROCEDURE

C.   PRODUCT CONCERNED AND LIKE PRODUCT

1.   Product concerned

2.   Like product

D.   DUMPING

1.   Market economy treatment (MET)

2.   Individual treatment

3.   Normal value

3.1.   Determination of normal value for cooperating exporting producers granted MET

3.2.   Determination of normal value for all exporting producers not granted MET

4.   Export price

5.   Comparison

6.   Dumping margins

E.   COMMUNITY INDUSTRY

F.   INJURY

1.   Community consumption

2.   Imports from the country concerned

3.   Situation of the Community industry

4.   Conclusion on injury

G.   CAUSATION

H.   COMMUNITY INTEREST

I.   DEFINITIVE ANTI-DUMPING MEASURES

1.   Injury elimination level

2.   Form and level of the duties

3.   Undertakings

4.   Collection of provisional duties

HAS ADOPTED THIS REGULATION:

Article 1

1.   A definitive anti-dumping duty is hereby imposed on imports of okoumé plywood, defined as plywood consisting solely of sheets of wood, each ply not exceeding 6 mm thickness, with at least one outer ply of okoumé not coated by a permanent film of other materials, falling within CN code ex 4412 13 10 (TARIC code 4412131010) and originating in the People's Republic of China.

2.   The rate of the definitive anti-dumping duty applicable to the net, free-at-Community-frontier price, before duty, shall be as follows, provided that they are imported in conformity with paragraph 3:

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

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

Article 2

Amounts secured by way of provisional anti-dumping duties pursuant to Commission Regulation (EC) No 988/2004 on imports of okoumé plywood falling within CN code ex 4412 13 10 (TARIC code 4412131010), originating in the People's Republic of China shall be definitively collected, in accordance with the rules set out below. The amounts secured in excess of the amount of the definitive anti-dumping duties shall be released. Where the definitive duties are higher than the provisional duties, only the amounts secured at the level of the provisional duties shall be definitively collected. Amounts secured for the import of film-faced okoumé plywood should be released.

Article 3

This Regulation shall enter into force on the day following its publication in theOfficial Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 2 November 2004.

For the Council

The President

B. R. BOT            

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(1)OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(2)OJ L 181, 18.5.2004, p. 5.

(3)              European Commission, Directorate-General for Trade, Direction B, office J-79 5/16, B-1049 Brussels.         

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ANNEX

The valid commercial invoice referred to in Article 1(3) of the Regulation must include a declaration signed by an official of the company, in the following format:

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