Commission Implementing Regulation (EU) 2023/453 of 2 March 2023 extending the definitive anti-dumping duty imposed by Implementing Regulation (EU) 2017/141 on imports of certain stainless steel tube and pipe buttwelding fittings, whether or not finished, originating in the People’s Republic of China to imports of certain stainless steel tube and pipe butt-welding fittings, whether or not finished, consigned from Malaysia, whether declared as originating in Malaysia or not
Corrected by
  • Corrigendum to Commission Implementing Regulation (EU) 2023/453 of 2 March 2023 extending the definitive anti-dumping duty imposed by Implementing Regulation (EU) 2017/141 on imports of certain stainless steel tube and pipe buttwelding fittings, whether or not finished, originating in the People’s Republic of China to imports of certain stainless steel tube and pipe butt-welding fittings, whether or not finished, consigned from Malaysia, whether declared as originating in Malaysia or not, 32023R0453R(01), April 13, 2023
Commission Implementing Regulation (EU) 2023/453of 2 March 2023extending the definitive anti-dumping duty imposed by Implementing Regulation (EU) 2017/141 on imports of certain stainless steel tube and pipe buttwelding fittings, whether or not finished, originating in the People’s Republic of China to imports of certain stainless steel tube and pipe butt-welding fittings, whether or not finished, consigned from Malaysia, whether declared as originating in Malaysia or not
Article 11.The definitive anti-dumping duty imposed by Implementing Regulation (EU) 2017/141, as amended by Implementing Regulation (EU) 2017/659, on imports of certain stainless steel tube and pipe butt-welding fittings, whether or not finished, originating in the People’s Republic of China, is hereby extended to imports of tube and pipe butt-welding fittings, of austenitic stainless steel grades, corresponding to AISI types 304, 304L, 316, 316L, 316Ti, 321 and 321H and their equivalent in the other norms, with a greatest external diameter not exceeding 406,4 mm and a wall thickness of 16 mm or less, with a roughness average (Ra) of the internal surface not less than 0,8 micrometres, not flanged, whether or not finished, currently classified under CN codes ex73072310 and ex73072390 consigned from Malaysia, whether declared as originating in Malaysia or not (TARIC codes 7307231035, 7307231040, 7307239035, 7307239040).2.The extension of the duty mentioned in paragraph 1 does not apply to the companies listed below:
CountryCompanyTARIC additional code
MalaysiaPantech Stainless And Alloy Industries Sdn. Bhd.A021
MalaysiaSP United Industry Sdn. Bhd.A022
3.The application of exemptions granted to the companies specifically mentioned in paragraph 2 of this Article or authorised by the Commission in accordance with Article 4(2) of this Regulation shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in the Annex to this Regulation. If no such invoice is presented, the anti-dumping duty as imposed by paragraph 1 of this Article shall apply.4.The extended duty is the anti-dumping duty of 64,9 % applicable to "all other companies" in the PRC (TARIC additional code C999).5.The duty extended by paragraphs 1 and 4 of this Article shall be collected on imports registered in accordance with Article 2 of Implementing Regulation (EU) 2022/894.6.Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2Customs authorities are directed to discontinue the registration of imports established in accordance with Article 2 of Implementing Regulation (EU) 2022/894, which is hereby repealed.
Article 3The exemption requests submitted by MAC Pipping Materials Sdn. Bhd and TP Inox Sdn. Bhd are rejected.
Article 41.Requests for exemption from the duty extended by Article 1 shall be made in writing in one of the official languages of the European Union and must be signed by a person authorised to represent the entity requesting the exemption. The request must be sent to the following address:European CommissionDirectorate-General for TradeDirectorate G Office:CHAR 04/391049 Bruxelles/BrusselBELGIQUE/BELGIË2.In accordance with Article 13(4) of Regulation (EU) 2016/1036, the Commission may authorise, by decision, the exemption of imports from companies which do not circumvent the anti-dumping measures imposed by Implementing Regulation (EU) 2017/141, as amended by Implementing Regulation (EU) 2017/659, from the duty extended by Article 1.
Article 5This Regulation shall enter into force on the day following that of 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.ANNEXA declaration signed by an official of the entity issuing the commercial invoice, in the following format, must appear on the valid commercial invoice referred to in Article 1(3):(1)the name and function of the official of the entity issuing the commercial invoice;(2)the following declaration: "I, the undersigned, certify that the (volume) of (product under investigation) 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";(3)date and signature.
Article 11.The definitive anti-dumping duty imposed by Implementing Regulation (EU) 2017/141, as amended by Implementing Regulation (EU) 2017/659, on imports of certain stainless steel tube and pipe butt-welding fittings, whether or not finished, originating in the People’s Republic of China, is hereby extended to imports of tube and pipe butt-welding fittings, of austenitic stainless steel grades, corresponding to AISI types 304, 304L, 316, 316L, 316Ti, 321 and 321H and their equivalent in the other norms, with a greatest external diameter not exceeding 406,4 mm and a wall thickness of 16 mm or less, with a roughness average (Ra) of the internal surface not less than 0,8 micrometres, not flanged, whether or not finished, currently classified under CN codes ex73072310 and ex73072390 consigned from Malaysia, whether declared as originating in Malaysia or not (TARIC codes 7307231035, 7307231040, 7307239035, 7307239040).2.The extension of the duty mentioned in paragraph 1 does not apply to the companies listed below:
CountryCompanyTARIC additional code
MalaysiaPantech Stainless And Alloy Industries Sdn. Bhd.A021
MalaysiaSP United Industry Sdn. Bhd.A022
3.The application of exemptions granted to the companies specifically mentioned in paragraph 2 of this Article or authorised by the Commission in accordance with Article 4(2) of this Regulation shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in the Annex to this Regulation. If no such invoice is presented, the anti-dumping duty as imposed by paragraph 1 of this Article shall apply.4.The extended duty is the anti-dumping duty of 64,9 % applicable to "all other companies" in the PRC (TARIC additional code C999).5.The duty extended by paragraphs 1 and 4 of this Article shall be collected on imports registered in accordance with Article 2 of Implementing Regulation (EU) 2022/894.6.Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2Customs authorities are directed to discontinue the registration of imports established in accordance with Article 2 of Implementing Regulation (EU) 2022/894, which is hereby repealed.
Article 3The exemption requests submitted by MAC Pipping Materials Sdn. Bhd and TP Inox Sdn. Bhd are rejected.
Article 41.Requests for exemption from the duty extended by Article 1 shall be made in writing in one of the official languages of the European Union and must be signed by a person authorised to represent the entity requesting the exemption. The request must be sent to the following address:European CommissionDirectorate-General for TradeDirectorate G Office:CHAR 04/391049 Bruxelles/BrusselBELGIQUE/BELGIË2.In accordance with Article 13(4) of Regulation (EU) 2016/1036, the Commission may authorise, by decision, the exemption of imports from companies which do not circumvent the anti-dumping measures imposed by Implementing Regulation (EU) 2017/141, as amended by Implementing Regulation (EU) 2017/659, from the duty extended by Article 1.
Article 5This Regulation shall enter into force on the day following that of 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.ANNEXA declaration signed by an official of the entity issuing the commercial invoice, in the following format, must appear on the valid commercial invoice referred to in Article 1(3):(1)the name and function of the official of the entity issuing the commercial invoice;(2)the following declaration: "I, the undersigned, certify that the (volume) of (product under investigation) 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";(3)date and signature.