Council Regulation (EC) No 925/2009 of 24 September 2009 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain aluminium foil originating in Armenia, Brazil and the People’s Republic of China

1 A definitive anti-dumping duty is hereby imposed on imports of aluminium foil of a thickness of not less than 0,008 mm and not more than 0,018 mm, not backed, not further worked than rolled, in rolls of a width not exceeding 650 mm and of a weight exceeding 10 kg and currently falling within CN code ex76071119 (TARIC code 7607111910), originating in Armenia, Brazil and the People’s Republic of China (the ‘PRC’).

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 manufactured by the companies below shall be as follows: CountryCompanyAnti-dumping dutyTARIC additional codeArmeniaClosed Joint Stock Company Rusal-Armenal13,4 %A943All other companies13,4 %A999PRCAlcoa (Shanghai) Aluminium Products Co., Ltd and Alcoa (Bohai) Aluminium Industries Co., Ltd6,4 %A944Shandong Loften Aluminium Foil Co., Ltd20,3 %A945Zhenjiang Dingsheng Aluminium Co., Ltd24,2 %A946All other companies30,0 %A999BrazilCompanhia Brasileira de Aluminio17,6 %A947All other companies17,6 %A999

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

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

5 The application of the individual duty rates specified for the companies mentioned in paragraph 2 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 I. If no such invoice is presented, the duty rate applicable to all other companies 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 2009/736/EC, as amended from time to time, shall be exempt from the anti-dumping duty imposed by Article 1, on condition that: they are manufactured, shipped and invoiced directly by the said companies to the first independent customer in the Community, and such imports are accompanied by an undertaking invoice which is a commercial invoice containing at least the elements and the declaration stipulated in Annex II to this Regulation, and the goods declared and presented to the customs authorities correspond exactly with 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: 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 when the Commission withdraws its acceptance of the undertaking pursuant to Article 8(9) of the basic Regulation in a regulation or decision which refers to particular transactions and declares the relevant undertaking invoices to be invalid.

Amounts secured by way of provisional anti-dumping duties pursuant to Regulation (EC) No 287/2009 on imports of aluminium foil of a thickness of not less than 0,008 mm and not more than 0,018 mm, not backed, not further worked than rolled, in rolls of a width not exceeding 650 mm and of a weight exceeding 10 kg and falling within CN code ex76071119 (TARIC code 7607111910), originating in Armenia, Brazil and the PRC shall be definitively collected at the rate of the definitive duty imposed pursuant to Article 1. The amounts secured in excess of the rates of the definitive anti-dumping duties shall be released.

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