Council Regulation (EC) No 393/2009 of 11 May 2009 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain candles, tapers and the like originating in the People’s Republic of China

1 A definitive anti-dumping duty is hereby imposed on imports of candles, tapers and the like, other than memory lights and other outdoor burners, falling within CN codes ex34060011, ex34060019 and ex34060090 (TARIC codes 3406001190, 3406001990 and 3406009090) and originating in the People’s Republic of China. For the purposes of this Regulation, ‘memory lights and other outdoor burners’ means candles, tapers and the like which have one or more of the following characteristics: (a) their fuel contains more than 500 ppm of toluene; (b) their fuel contains more than 100 ppm benzene; (c) they have a wick with a diameter of at least 5 mm; (d) they are individually contained in a plastic container with vertical walls of at least 5 cm in height.

2 The rate of the definitive anti-dumping duty shall be a fixed amount of euro per tonne of fuel content (usually but not necessarily in the form of tallow, stearin, paraffin wax or other waxes, including the wick) of the products manufactured by the companies as shown below: Company Amount of duty EUR per tonne of fuel TARIC additional codeAroma Consumer Products (Hangzhou) Co., Ltd321,83A910Dalian Bright Wax Co., Ltd171,98A911Dalian Talent Gift Co., Ltd367,09A912Gala-Candles (Dalian) Co., Ltd0A913M.X. Candles and Gifts (Taicang) Co., Ltd0A951Ningbo Kwung’s Home Interior & Gift Co., Ltd0A914Ningbo Kwung’s Wisdom Art & Design Co., Ltd, and its related company Shaoxing Koman Home Interior Co., Ltd0A915Qingdao Kingking Applied Chemistry Co., Ltd0A916Companies listed in Annex I345,86A917All other companies549,33A999

3 In cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is apportioned for the determination of the customs value pursuant to Article 145 of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code , the amount of anti-dumping duty, calculated on the amounts set above, shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable.

4 The application of the individual duty rates specified for the companies mentioned in paragraph 2 and Annex I 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 rate applicable to all other companies shall apply.

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

Amounts secured by way of provisional anti-dumping duties pursuant to Regulation (EC) No 1130/2008 on imports of certain candles, tapers and the like falling within CN codes ex34060011, ex34060019 and ex34060090 (TARIC codes 3406001190, 3406001990 and 3406009090) and originating in the People’s Republic of China shall be definitively collected. The amounts secured in excess of the amount of the definitive anti-dumping duties shall be released. Where the definitive duties are higher than the provisional duties, only the amounts secured at the level of the provisional duties shall be definitively collected.

Where any party from the People’s Republic of China provides sufficient evidence to the Commission that it: (a) did not export the goods referred to in Article 1(1) originating in the People’s Republic of China during the period of investigation, that is 1 January 2007 to 31 December 2007; (b) is not related to an exporter or producer subject to the measures imposed by this Regulation; and (c) has either actually exported the goods concerned or has entered into an irrevocable contractual obligation to export a significant quantity to the Community after the end of the period of investigation; the Council, acting by simple majority on a proposal by the Commission, after consulting the Advisory Committee, may amend Article 1(2) in order to attribute to that party the duty applicable to cooperating producers not in the sample, i.e. EUR 345,86 per tonne of fuel.

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