Commission Implementing Regulation (EU) 2021/546 of 29 March 2021 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of aluminium extrusions originating in the People’s Republic of China

1 A definitive anti-dumping duty is imposed on imports of bars, rods, profiles (whether or not hollow), tubes, pipes; unassembled; whether or not prepared for use in structures (e.g. cut-to-length, drilled, bent, chamfered, threaded); made from aluminium, whether or not alloyed, containing not more than 99,3 % of aluminium, excluding: (1) products attached (e.g. by welding or fasteners) to form subassemblies; (2) welded tubes and pipes; (3) products in a packaged kit with the necessary parts to assemble a finished product without further finishing or fabrication of the parts (‘finished goods kit’); currently falling under CN codes ex76041010, ex76041090, 76042100, 76042910, 76042990, ex76081000, 76082081, 76082089 and ex76109090 (TARIC codes 7604101011, 7604109011, 7604109025, 7604109080, 7608100011, 7608100080, 7610909010) and originating in the People’s Republic of China.

2 The rate of the definitive anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty, of the products described in paragraph 1 and produced by the companies listed below, shall be as follows: CompanyDuty rate (%)TARIC additional codeGuangdong Haomei New Materials Co., Ltd.21,2C562Guangdong King Metal Light Alloy Technology Co., Ltd.21,2C563Press Metal International Ltd.25,0C564Press Metal International Technology Ltd.25,0C565Other cooperating companies listed in Annex22,1All other companies32,1C999

3 The application of the individual duty rates specified for the companies mentioned in paragraph 2 shall be conditional upon presentation to the Member States’ customs authorities of a valid commercial invoice, on which shall appear a declaration dated and signed by an official of the entity issuing such invoice, identified by name and function, drafted as follows: ‘I, the undersigned, certify that the (volume) of (product concerned) sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in [country concerned]. I declare that the information provided in this invoice is complete and correct.’ If no such invoice is presented, the duty applicable to all other companies shall apply.

4 The Commission shall pay particular attention to potential avoidance of measures, and in particular monitor imports of products attached (e.g. by welding or fasteners) to form subassemblies referred to in paragraph 1(1) above and of finished goods kits referred to in paragraph 1(3) above, under TARIC codes 7610909091 and 7610909092, respectively.

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

The amounts secured by way of the provisional anti-dumping duty under Implementing Regulation (EU) 2020/1428 shall be definitively collected. The amounts secured in excess of the definitive rates of the anti-dumping duty shall be released.

No definitive anti-dumping duty will be levied retroactively for registered imports. Data collected in accordance with Article 1 of Implementing Regulation (EU) 2020/1215 shall no longer be kept.

Article 1(2) may be amended to add new exporting producers from the People’s Republic of China and make them subject to the appropriate weighted average anti-dumping duty rate for cooperating companies not included in the sample. A new exporting producer shall provide evidence that: (a) it did not export the goods described in Article 1(1) originating in the People’s Republic of China during the period of investigation (1 July 2018 to 30 June 2019); (b) it is not related to an exporter or producer subject to the measures imposed by this Regulation; and (c) it has either actually exported the product concerned or has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the end of the period of investigation.

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