Commission Implementing Regulation (EU) 2021/2287 of 17 December 2021 imposing definitive countervailing duties on imports of aluminium converter foil originating in the People’s Republic of China and amending Implementing Regulation (EU) 2021/2170 imposing definitive anti-dumping duties on imports of aluminium converter foil originating in the People’s Republic of China

1 A definitive countervailing duty is imposed on imports of aluminium converter foil of a thickness of less than 0,021 mm, not backed, not further worked than rolled, in rolls of a weight exceeding 10 kg, currently falling under CN code ex76071119 (TARIC codes 7607111960 and 7607111991) and originating in People’s Republic of China.

2 The following products are excluded: Aluminium household 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. Aluminium household foil of a thickness of not less than 0,007 mm and less than 0,008 mm, regardless of the width of the rolls, whether or not annealed. Aluminium household foil of a thickness of not less than 0,008 mm and not more than 0,018 mm and in rolls of a width exceeding 650 mm, whether or not annealed. Aluminium household foil of a thickness of more than 0,018 mm and less than 0,021 mm, regardless of the width of the rolls, whether or not annealed.

3 The rates of the definitive countervailing duty applicable to the net, free-at-Union-frontier price, before duty, of the product described in paragraph 1 and produced by the companies listed below shall be as follows: CompanyDefinitive countervailing dutyTARIC additional codeXiamen Xiashun Aluminium Foil Co., Ltd10,1 %C687Yantai Donghai Aluminum Foil Co., Ltd.18,2 %C688Jiangsu Zhongji Lamination Materials Co., Ltd.8,6 %C686Other companies cooperating in both anti-subsidy and anti-dumping investigation listed in Annex 112,3 %See Annex IOther companies cooperating in anti-dumping investigation but not in anti-subsidy investigation listed in Annex II18,2 %See Annex IIAll other companies18,2 %C999

4 The application of the individual countervailing duty rates specified for the companies mentioned in paragraph 3 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 his/her 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 the People’s Republic of China. 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.

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

6 In cases where the countervailing duty has been subtracted from the anti-dumping duty for certain exporting producers, refund requests under Article 21 of Regulation (EU) 2016/1037 shall also trigger the assessment of the dumping margin for that exporting producer prevailing during the refund investigation period.

‘3 The rates of the definitive anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty, of the product described in paragraph 1 and produced by the companies listed below shall be as follows: CompanyDefinitive anti-dumping dutyTARIC additional codeXiamen Xiashun Aluminium Foil Co., Ltd6,0 %C687Yantai Donghai Aluminum Foil Co., Ltd.24,6 %C688Jiangsu Zhongji Lamination Materials Co., Ltd.28,5 %C686Other companies cooperating in both anti-subsidy and anti-dumping investigation listed in Annex 123,6 %See Annex IOther companies cooperating in anti-dumping investigation but not in anti-subsidy investigation listed in Annex II23,6 %See Annex IIAll other companies28,5 %C999’

‘6 Should the definitive countervailing duties imposed by Article 1 of Commission Implementing Regulation (EU) 2021/2170 be modified or removed, the duties specified in paragraph 2 or in Annexes I and II will be increased by the same proportion limited to the actual dumping margin found or the injury margin found as appropriate per company and from the entry into force of this Regulation.’

‘7 In cases where the countervailing duty has been subtracted from the anti-dumping duty for certain exporting producers, refund requests under Article 21 of Regulation (EU) 2016/1037 shall also trigger the assessment of the dumping margin for that exporting producer prevailing during the refund investigation period.’

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