Council Implementing Regulation (EU) No 461/2013 of 21 May 2013 imposing a definitive countervailing duty on imports of certain polyethylene terephthalate (PET) originating in India following an expiry review pursuant to Article 18 of Regulation (EC) No 597/2009
Modified by
  • Council Implementing Regulation (EU) No 190/2014of 24 February 2014amending Implementing Regulation (EU) No 461/2013 imposing a definitive countervailing duty on imports of certain polyethylene terephthalate (PET) originating in India following an expiry review pursuant to Article 18 of Regulation (EC) No 597/2009, 32014R0190, February 28, 2014
  • Commission Implementing Regulation (EU) 2015/1350of 3 August 2015amending Council Implementing Regulation (EU) No 461/2013 imposing a definitive countervailing duty on imports of certain polyethylene terephthalate (PET) originating in India, 32015R1350, August 5, 2015
  • Commission Implementing Regulation (EU) 2018/1468of 1 October 2018amending Council Implementing Regulation (EU) No 461/2013 imposing a definitive countervailing duty on imports of certain polyethylene terephthalate (PET) originating in India, 32018R1468, October 2, 2018
Council Implementing Regulation (EU) No 461/2013of 21 May 2013imposing a definitive countervailing duty on imports of certain polyethylene terephthalate (PET) originating in India following an expiry review pursuant to Article 18 of Regulation (EC) No 597/2009
Article 11.A definitive countervailing duty is hereby imposed on imports of polyethylene terephthalate having a viscosity number of 78 ml/g or higher, according to ISO Standard 1628-5, currently falling within CN code 39076020 and originating in India.2.The rate of the definitive countervailing duty applicable to the product described in paragraph 1 and manufactured by the companies listed below shall be as follows:
CountryCompanyCounter-vailing duty(EUR/tonne)TARIC additional code
IndiaReliance Industries Limited29,21A181
IndiaPearl Engineering Polymers Ltd74,6A182
IndiaSenpet Ltd22,0A183
IndiaFutura Polyesters Ltd0A184
IndiaDhunseri Petrochem Limited18,73A585
IndiaIVL Dhunseri Petrochem Industries Private Limited18,73C380
IndiaMicro Polypet Pvt. Ltd18,73C381
IndiaAll other companies69,4A999
3.In cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is apportioned for the determination of the customs value pursuant to Article 145 of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs CodeOJ L 253, 11.10.1993, p. 1., the amount of countervailing duty, calculated on the basis of the amounts set above, shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable.4.Notwithstanding paragraphs 1 and 2, the definitive countervailing duty shall not apply to imports released for free circulation in accordance with Article 2.4.Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 21.Imports shall be exempt from the countervailing duties imposed by Article 1 provided that they are produced and directly exported (i.e. invoiced and shipped) to a company acting as an importer in the Union by the companies whose names are listed in Decision 2000/745/EC, as from time to time amended, declared under the appropriate TARIC additional code and that the conditions set out in paragraph 2 are met.2.When the request for release for free circulation is presented, exemption from the duties shall be conditional upon presentation to the customs authorities of the Member State concerned of a valid Undertaking Invoice issued by the exporting companies from which undertakings are accepted, containing the essential elements listed in the Annex. Exemption from the duty shall further be conditional on the goods declared and presented to customs corresponding precisely to the description on the Undertaking Invoice.
Article 2This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.ANNEXElements to be indicated in the Undertaking Invoice referred to in Article 2(2):1.The Undertaking Invoice number.2.The TARIC additional code under which the goods on the invoice may be customs-cleared at Union borders.3.The exact description of the goods, including:the product reporting code number (PRC) (as established in the undertaking offered by the producing exporter in question),CN code,quantity (to be given in units).4.The description of the terms of the sale, including:price per unit,the applicable payment terms,the applicable delivery terms,total discounts and rebates.5.Name of the company acting as an importer to which the invoice is issued directly by the company.6.The name of the official of the company that has issued the undertaking invoice and the following signed declaration:"I, the undersigned, certify that the sale for direct export to the European Union of the goods covered by this invoice is being made within the scope and under the terms of the undertaking offered by … (name of company), and accepted by the European Commission through Decision 2000/745/EC. I declare that the information provided in this invoice is complete and correct."
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