Council Regulation (EC) No 926/2009 of 24 September 2009 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain seamless pipes and tubes of iron or steel originating in the People’s Republic of China

1 A definitive anti-dumping duty is hereby imposed on imports of seamless pipes and tubes, of iron or steel, of circular cross section, of an external diameter not exceeding 406,4 mm with a Carbon Equivalent Value (CEV) not exceeding 0,86 according to the International Institute of Welding (IIW) formula and chemical analysis , currently falling within CN codes ex73041910, ex73041930, ex73042300, ex73042910, ex73042930, ex73043120, ex73043180, ex73043910, ex73043952, ex73043958, ex73043992, ex73043993, ex73045181, ex73045189, ex73045910, ex73045992 and ex73045993 (TARIC codes 7304191020, 7304193020, 7304230020, 7304291020, 7304293020, 7304312020, 7304318030, 7304391010, 7304395220, 7304395830, 7304399230, 7304399320, 7304518120, 7304518930, 7304591010, 7304599230 and 7304599320) 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: CompanyAnti-Dumping duty (%)TARIC Additional CodeShandong Luxing Steel Pipe Co., Ltd, Qingzhou City, PRC17,7A949Other cooperating companies listed in the Annex27,2A950All other companies39,2A999

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

The amounts secured by way of provisional anti-dumping duty pursuant to Commission Regulation (EC) No 289/2009 on imports of certain seamless pipes and tubes of iron or steel originating in the People’s Republic of China shall be definitively collected at the rate of the provisional duty.

Where any new exporting producer in the People’s Republic of China provides sufficient evidence to the Commission that: it did not export to the Community the product described in Article 1(1) during the investigation period (1 July 2007 to 30 June 2008), it is not related to any of the exporters or producers in the People’s Republic of China which are subject to the measures imposed by this Regulation, it has actually exported to the Community the product concerned after the investigation period on which the measures are based, or it has entered into an irrevocable contractual obligation to export a significant quantity to the Community, the Council, acting by simple majority on a proposal submitted by the Commission after consulting the Advisory Committee, may amend Article 1(2) by adding the new exporting producer to the cooperating companies not included in the sample and thus subject to the weighted average duty rate of 27,2 %.

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