CELEX: 32021R1447
Language: en
Date: 2021-09-03 00:00:00
Title: Commission Implementing Regulation (EU) 2021/1447 of 3 September 2021 amending Implementing Regulation (EU) 2020/1534 imposing a definitive anti-dumping duty on imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council

6.9.2021   
               
               
                  EN
               
               
                  Official Journal of the European Union
               
               
                  L 313/13
               
            
         COMMISSION IMPLEMENTING REGULATION (EU) 2021/1447
         of 3 September 2021
         amending Implementing Regulation (EU) 2020/1534 imposing a definitive anti-dumping duty on imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1), and in particular Article 14(1) thereof,
         Whereas:
         
                     (1)
                  
                  
                     Imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People’s Republic of China are subject to a definitive anti-dumping duty, imposed by Commission Implementing Regulation (EU) 2020/1534 (2).
                  
               
                     (2)
                  
                  
                     Toyoshima Share Yidu Foods Co., Ltd (3), TARIC (4) additional code A889, a company located in the People’s Republic of China whose exports to the Union of certain prepared or preserved citrus fruits (namely mandarins, etc.) are subject to the anti-dumping duty of 499,6 EUR/Tonne net product weight informed the Commission that as of 22 January 2008 it had changed its denomination as ‘Hubei Fomdas Foods Co., Ltd, Yidu, Hubei’.
                  
               
                     (3)
                  
                  
                     The company, following the change of its name, requested on 31 March 2021 the Commission to confirm that the change of name does not affect the right of the company to benefit from the duty rate for cooperating exporting producers not included in the sample applied to it under its previous name. The company specifically clarified that it requests that the name change take effect as from the date of its request to the Commission, that is as from 31 March 2021.
                  
               
                     (4)
                  
                  
                     The Commission examined the information supplied and concluded that the change of name was properly registered with the relevant authorities and did not result in any new relationship with other groups of companies, which were not investigated by the Commission. Accordingly, this change of name does not affect the findings of Implementing Regulation (EU) 2020/1534 and in particular the anti-dumping duty rate applicable to it.
                  
               
                     (5)
                  
                  
                     Given the considerations in the above recital, the Commission considered it appropriate to amend Implementing Regulation (EU) 2020/1534 to reflect the changed name of the company previously attributed to additional TARIC code A889.
                  
               
                     (6)
                  
                  
                     The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EU) 2016/1036.
                  
               HAS ADOPTED THIS REGULATION:
         
            Article 1
            
               1.   The Annex of Implementing Regulation (EU) 2020/1534 is amended as follows:
               
                  ‘Toyoshima Share Yidu Foods Co.’
               
               Is replaced by
               
                  ‘Hubei Fomdas Foods Co., Ltd, Yidu, Hubei’.
               
            
            
               2.   TARIC additional code A889 previously attributed to Toyoshima Share Yidu Foods Co., Ltd, shall apply to Hubei Fomdas Foods Co., Ltd, Yidu, Hubei as of 31 March 2021. Any definitive duty paid on imports of products manufactured by Hubei Fomdas Foods Co., Ltd, Yidu, Hubei in excess of the anti-dumping duty established in Article 1(2) of Implementing Regulation (EU) 2020/1534 as regards Toyoshima Share Yidu Foods Co shall be repaid or remitted in accordance with the applicable customs legislation.
            
         
         
            Article 2
            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.
            Done at Brussels, 3 September 2021.
            
               
                  For the Commission
               
               
                  The President
               
               Ursula VON DER LEYEN
            
         
         
            (1)  OJ L 176, 30.6.2016, p. 21.
         
            (2)  Commission Implementing Regulation (EU) 2020/1534 of 21 October 2020 imposing a definitive anti-dumping duty on imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council (OJ L 351, 22.10.2020, p.2).
         
            (3)  This company is listed in the Annex of Implementing Regulation (EU) 2020/1534 as a cooperating exporting producer not included in the sample.
         
            (4)  The Integrated Tariff of the European Union.