CELEX: 32019R1860
Language: en
Date: 2019-11-06 00:00:00
Title: Commission Implementing Regulation (EU) 2019/1860 of 6 November 2019 amending Commission Implementing Regulation (EU) No 1313/2014 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 Council Regulation (EC) No 1225/2009

7.11.2019   
               
               
                  EN
               
               
                  Official Journal of the European Union
               
               
                  L 286/13
               
            
         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1860
         of 6 November 2019
         amending Commission Implementing Regulation (EU) No 1313/2014 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 Council Regulation (EC) No 1225/2009
         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 11 thereof,
         Whereas:
         
                     (1)
                  
                  
                     On 29 August 2018, the Commission was contacted by Zhejiang Xinshiji Foods Co., Ltd., requesting a name change.
                  
               
                     (2)
                  
                  
                     Zhejiang Xinshiji Foods Co., Ltd indicated that it changed its name to Zhejiang Juzhou Foods Co., Ltd.
                  
               
                     (3)
                  
                  
                     The Commission examined the information supplied and concluded that the change of name in no way affects the findings of Commission Implementing Regulation (EU) No 1313/2014 (2).
                  
               
                     (4)
                  
                  
                     Additionally, Zhejiang Xinshiji Foods Co., Ltd. notified the Commission that it was no longer related to Hubei Xinshiji Foods Co., Ltd.
                  
               
                     (5)
                  
                  
                     During the original investigation, the Commission found a weighted average dumping margin, expressed as a percentage of the CIF Community frontier price duty unpaid of 136,3 % for Zhejiang Xinshiji Foods Co., Ltd and its related producer Hubei Xinshiji Foods Co (3). Anti-dumping measures of 490,7 EUR/tonne were imposed on Zhejiang Xinshiji Foods Co., Ltd and its related producer Hubei Xinshiji Foods Co., Ltd under TARIC code A888.
                  
               
                     (6)
                  
                  
                     Having assessed the evidence provided to it, the Commission accepted that there was indeed sufficient evidence to no longer deem Zhejiang Xinshiji Foods Co., Ltd. and Hubei Xinshiji Foods Co. related for the purposes of EU anti-dumping law.
                  
               
                     (7)
                  
                  
                     To ensure the effective collection of the anti-dumping duties in place, the Commission considered it was necessary to amend Implementing Regulation (EU) No 1313/2014 accordingly to reflect the individual dumping margins of these two producers. After disclosure to the parties concerned, no comments were received.
                  
               
                     (8)
                  
                  
                     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
            Article 1(2) of Implementing Regulation (EU) No 1313/2014 is replaced by the following:
            
               
                  ‘2.   The amount of the definitive anti-dumping duty applicable for the products described in paragraph 1 and manufactured by the companies listed below shall be as follows:
                  
                              Company
                           
                           
                              EUR/tonne net product weight
                           
                           
                              TARIC additional code
                           
                        
                              Yichang Rosen Foods Co., Ltd, Yichang, Zhejiang
                           
                           
                              531,2
                           
                           
                              A886
                           
                        
                              Zhejiang Taizhou Yiguan Food Co. Ltd, Huangyan, Zhejiang
                           
                           
                              361,4
                           
                           
                              A887
                           
                        
                              Zhejiang Juzhou Foods Co., Ltd, Sanmen, Zhejiang
                           
                           
                              499,9
                           
                           
                              C528
                           
                        
                              Hubei Xinshiji Foods Co., Ltd, Dangyang City, Hubei Province
                           
                           
                              489,7
                           
                           
                              A888
                           
                        
                              Cooperating exporting producers not included in the sample as set out in the Annex
                           
                           
                              499,6
                           
                           
                              A889
                           
                        
                              All other companies
                           
                           
                              531,2
                           
                           
                              A999’
                           
                        
            
         
         
            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, 6 November 2019.
            
               
                  For the Commission
               
               
                  The President
               
               Jean-Claude JUNCKER
            
         
         
            (1)  OJ L 176, 30.6.2016, p. 21.
         
            (2)  OJ L 354, 11.12.2014, p. 17.
         
            (3)  OJ L 350, 30.12.2008, p. 35, recital 23 and OJ L 178, 5.7.2008, p. 19, recital 49.