Commission Implementing Regulation (EU) 2022/558 of 6 April 2022 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of certain graphite electrode systems originating in the People’s Republic of China

1 A definitive anti-dumping duty is imposed on imports of graphite electrodes of a kind used for electric furnaces, with an apparent density of 1,5 g/cm3 or more and an electrical resistance of 7,0 μ.Ω.m or less, whether or not equipped with nipples, with a nominal diameter of more than 350 mm, currently falling under CN code ex85451100 (TARIC codes 8545110010 and 8545110015), and originating in the People’s Republic of China.

2 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: CountryCompanyDefinitive anti-dumping dutyTARIC additional codePRC Fangda Group composed of four producers: Fangda Carbon New Material Co., Ltd.; Fushun Carbon Co., Ltd.; Chengdu Rongguang Carbon Co., Ltd.; Hefei Carbon Co., Ltd. 36,1 %C 731PRCLiaoning Dantan Technology Group Co., Ltd.23,0 %C 732PRC Nantong Yangzi Carbon Group composed of three producers: Nantong Yangzi Carbon Co., Ltd.; Nantong Jiangdong Carbon Co. Ltd.; Wulanchabu Xufeng Carbon Technology Co. Ltd. 51,7 %C 733PRCOther cooperating companies listed in Annex33,8 %PRCAll other companies74,9 %C 999

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 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.

4 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) 2021/1812 shall be definitively collected on the product as defined in Article 1(1) above. The amounts secured in relation to the imports of the excluded products (namely, imports of graphite electrodes of a kind used for electric furnaces, with an apparent density of 1,5 g/cm3 or more and an electrical resistance of 7,0 μ.Ω.m or less, whether or not equipped with nipples, with a nominal diameter of 350 mm or less) shall be released.

Article 1(2) may be amended to add new exporting producers from 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) during the period of investigation (1 January 2020 to 31 December 2020); (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.

1 Article 1(2) of Commission Implementing Regulation (EU) 2021/1812 is amended as follows: ‘Nantong Yangzi Carbon Co., Ltd.’ is replaced by ‘Nantong Yangzi Carbon Group composed of three producers: Nantong Yangzi Carbon Co., Ltd.; Nantong Jiangdong Carbon Co. Ltd.; Wulanchabu Xufeng Carbon Technology Co. Ltd.’

2 This Article shall be applicable for the purposes of Article 2 as from 16 October 2021.

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