Article 1

A definitive anti-dumping duty is hereby imposed on imports of castings of non-malleable cast iron and spheroidal graphite cast iron (ductile iron) of a kind used to cover and/or to give access to ground or sub-surface systems, and parts thereof, whether or not machined, coated or painted or fitted with other materials, excluding fire hydrants, originating in the People’s Republic of China, currently classifiable within CN codes 7325 10 50 , 7325 10 92 , ex 7325 10 99 (Taric code 7325 10 99 10 ), and ex 7325 99 10 (Taric code 7325 99 10 10 ).

The rate of the definitive anti-dumping duty applicable to the net, free-at-Community-frontier price, before duty, for products described in paragraph 1 and produced in the People’s Republic of China by the companies listed below shall be as follows:

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

Where any new exporting producer in the People’s Republic of China provides sufficient evidence to the Commission that:

• it did not export to the Community the product described in paragraph 1 during the investigation period ( 1 April 2003 to 31 March 2004 ),

• it is not related to any of the exporters or producers in the People’s Republic of China which are subject to the anti-dumping measures imposed by this Regulation,

• it has actually exported to the Community the product concerned after the investigation period on which the measures are based, or it has entered into an irrevocable contractual obligation to export a significant quantity to the Community,

• it operates under market economy conditions defined in Article 2(7)(c) of the basic Regulation or alternatively that it fulfils the requirements to have an individual duty in accordance with Article 9(5) of the basic Regulation,

the Council, acting by simple majority on a proposal submitted by the Commission after consulting the Advisory Committee, may amend paragraph 2 by adding the new exporting producer (i) to the companies subject to the duty rate of 0 % applicable to companies to whom market economy treatment was granted in accordance with Article 2(7)(c) of the basic Regulation or (ii) to the companies subject to the weighted average duty rate of 28,6 % applicable to companies to whom individual treatment was granted in accordance with Article 9(5) of the basic Regulation respectively.