Council Regulation (EC) No 1193/2008 of 1 December 2008 imposing a definitive anti-dumping duty and collecting definitively the provisional duties imposed on imports of citric acid originating in the People’s Republic of China

1 A definitive anti-dumping duty is hereby imposed on imports of citric acid and of trisodium citrate dihydrate falling within CN codes 29181400 and ex29181500 (TARIC code 2918150010) 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, of the products described in paragraph 1 and produced by the companies below shall be as follows: Company Anti-dumping duty (%) TARIC additional codeAnhui BBCA Biochemical Co. Ltd — No 73, Daqing Road, Bengbu City 233010, Anhui Province, PRC35,7A874DSM Citric Acid (Wuxi) Ltd — West Side of Jincheng Bridge, Wuxi 214024, Jiangsu province, PRC8,3A875RZBC Co. Ltd — No 9 Xinghai West Road, Rizhao, Shandong Province, PRC36,8A876RZBC (Juxian) Co. Ltd, West Wing, Chenyang North Road, Ju County, Rizhao, Shandong Province, PRC36,8A877TTCA Co. Ltd — West, Wenhe Bridge North, Anqiu City, Shandong Province, PRC42,7A878Yixing Union Biochemical Co. Ltd — Economic Development Zone Yixing City 214203, Jiangsu Province, PRC32,6A879Laiwu Taihe Biochemistry Co. Ltd, No 106 Luzhong Large East Street, Laiwu, Shandong Province, PRC6,6A880Weifang Ensign Industry Co. Ltd, The West End, Limin Road, Changle City, Shandong Province, PRC33,8A882All other companies42,7A999

3 Notwithstanding the first paragraph, the definitive anti-dumping duty shall not apply to imports released for free circulation in accordance with Article 2.

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

1 Imports declared for release into free circulation which are invoiced by companies from which undertakings are accepted by the Commission and whose names are listed in Decision 2008/899/EC, as from time to time amended, shall be exempt from the anti-dumping duty imposed by Article 1, on condition that: (a) they are manufactured, shipped and invoiced directly by the said companies to the first independent customer in the Community; and (b) such imports are accompanied by an undertaking invoice which is a commercial invoice containing at least the elements and the declaration stipulated in the Annex of this Regulation; and (c) the goods declared and presented to customs correspond precisely to the description on the undertaking invoice.

2 A customs debt shall be incurred at the time of acceptance of the declaration for release into free circulation: (a) whenever it is established, in respect of imports described in paragraph 1, that one or more of the conditions listed in that paragraph are not fulfilled; or (b) when the Commission withdraws its acceptance of the undertaking pursuant to Article 8(9) of Regulation (EC) No 384/96 in a Regulation or Decision which refers to particular transactions and declares the relevant undertaking invoices as invalid.

The amounts secured by way of provisional anti-dumping duty pursuant to Regulation (EC) No 488/2008 shall be definitively collected at the rate of the definitive duty imposed pursuant to Article 1 of this Regulation. The amounts secured in excess of the amount of the definitive duty shall be released.

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