2012R1039 — EN — 09.11.2012 — 000.001

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Corrected by:









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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:







Company Definitive duty TARIC additional code Zhejiang Flyhigh Metal Products Co., Ltd. 12,6 % B272 Metal Group Co. Ltd. 56,2 % B273 Sira (Tianjin) Aluminium Products Co. Ltd. 14,9 % B279 Sira Group (Tianjin) Heating Radiators Co. Ltd. 14,9 % B280 Companies listed in Annex I 21,2 % All other companies 61,4 % B999

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:

— it did not export to the Union the product described in Article 1(1) during the investigation period (1 July 2010 to 30 June 2011),

— it is not related to any of the exporters or producers in the People’s Republic of China which are subject to the measures imposed by this Regulation,

— it has actually exported to the Union 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 Union,

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







PRC COOPERATING EXPORTING PRODUCERS NOT SAMPLED Name TARIC additional code Jinyun Shengda Industry Co., Ltd. B274 ►C1 Ningbo Ephraim Radiator Equipment Co., Ltd. ◄ B275 Ningbo Everfamily Radiator Co., Ltd. B276 Ningbo Ningshing Kinhil Industrial Co., Ltd. B277 Ningbo Ninhshing Kinhil International Co., Ltd. B278 Yongkang Jinbiao Machine Electric Co., Ltd. B281 Yongkang Sanghe Radiator Co., Ltd. B282 Zhejiang Aishuibao Piping Systems Co., Ltd. B283 Zhejiang Botai Tools Co., Ltd. B284 Zhejiang East Industry Co., Ltd. B285 Zhejiang Guangying Machinery Co., Ltd. B286 Zhejiang Kangfa Industry & Trading Co., Ltd. B287 Zhejiang Liwang Industrial and Trading Co., Ltd. B288 Zhejiang Ningshuai Industry Co., Ltd. B289 Zhejiang Rongrong Industrial Co., Ltd. B290 Zhejiang Yuanda Machinery & Electrical Manufacturing Co., Ltd. B291









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) 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 aluminium radiators and elements or sections of which such radiator is composed, sold for export to the European Union covered by this invoice, was manufactured by (company name and registered seat) (TARIC additional code) in the People’s Republic of China. I declare that the information provided in this invoice is complete and correct. Date and signature’.