02013R1371 — EN — 15.11.2018 — 002.001

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Amended by:









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COUNCIL IMPLEMENTING REGULATION (EU) No 1371/2013

of 16 December 2013

extending the definitive anti-dumping duty imposed by Implementing Regulation (EU) No 791/2011 on imports of certain open mesh fabrics of glass fibres originating in the People's Republic of China to imports of certain open mesh fabrics of glass fibres consigned from India and Indonesia, whether declared as originating in India and Indonesia or not







Article 1

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1. The definitive anti-dumping duty applicable to ‘all other companies’ imposed by Article 1(2) of Regulation (EU) No 791/2011 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, originating in the People's Republic of China, is hereby extended to 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, consigned from India and Indonesia, whether declared as originating in India and Indonesia or not, currently falling in CN codes ex 7019 51 00 and ex 7019 59 00 (TARIC codes 7019510014 , 7019510015 , 7019590014 and 7019590015 ) with the exception of those produced by Montex Glass Fibre Industries Pvt.Ltd (TARIC additional code B942 ) and by Pyrotek India Pvt. Ltd (TARIC additional code C051 ).

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2. The application of the exemption granted to Montex Glass Fibre Industries Pvt. Ltd and to Pyrotek India Pvt. Ltd shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall be in compliance with the requirements set out in the Annex to this Regulation. Where no such invoice is presented, the anti-dumping duty provided for in paragraph 1 shall apply.

The exemptions granted to Montex Glass Fibre Industries Pvt. Ltd and to Pyrotek India Pvt. Ltd shall apply as from 21 December 2013.

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3. The duty extended by paragraph 1 of this Article shall be collected on imports consigned from India and Indonesia, whether declared as originating in India and Indonesia or not, registered in accordance with Article 2 of Regulation (EU) No 322/2013 and Articles 13(3) and 14(5) of Regulation (EC) No 1225/2009.

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4. Unless otherwise specified, the provisions in force concerning customs duties shall apply. The period referred to in Article 121(1) of Regulation (EU) No 952/2013 of the European Parliament and of the Council ( 1 ) shall be extended until 1 September 2019 for applications for remission or repayment lodged by Montex Glass Fibre Industries Pvt. Ltd and Pyrotek India Pvt. Ltd in accordance with the applicable customs legislation in order to cover the repayment or remission of anti-dumping duties for imports of the product concerned during the period21 December 2013 to 10 September 2015, or during the period of registration imposed by Article 2 of Regulation (EU) No 322/2013.

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Article 2

1. Requests for exemption from the duty extended by Article 1 shall be made in writing in one of the official languages of the European Union and must be signed by a person authorised to represent the entity requesting the exemption. The request must be sent to the following address:

European Commission

Directorate-General for Trade

Directorate H

Office: N-105 8/20

1049 Brussels

Belgium

Fax (32 2) 295 65 05

2. Imports from companies which do not circumvent the anti-dumping measures imposed by Regulation (EU) No 791/2011 may be exempted from the duty extended by Article 1 under the relevant provisions of the Basic Regulation.

Article 3

Customs authorities are hereby directed to discontinue the registration of imports, established in accordance with Article 2 of Regulation (EU) No 322/2013.

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

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(2):

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 (product concerned) sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in (country concerned). I declare that the information provided in this invoice is complete and correct’;

3. Date and signature