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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 Code , the amount of anti-dumping duty, calculated on the amounts set above, shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable.

4. The application of the individual duty rates specified for the companies mentioned in paragraph 2 and Annex I 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 Annex II. If no such invoice is presented, the duty rate applicable to all other companies shall apply.

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

1. A definitive anti-dumping duty is hereby imposed on imports of candles, tapers and the like, other than memory lights and other outdoor burners, falling within CN codes ex 3406 00 11, ex 3406 00 19 and ex 3406 00 90 (TARIC codes 3406001190, 3406001990 and 3406009090) and originating in the People’s Republic of China. For the purposes of this Regulation, ‘memory lights and other outdoor burners’ means candles, tapers and the like which have one or more of the following characteristics:

(a) their fuel contains more than 500 ppm of toluene;

(b) their fuel contains more than 100 ppm benzene;

(c) they have a wick with a diameter of at least 5 mm;

(d) they are individually contained in a plastic container with vertical walls of at least 5 cm in height.

2. The rate of the definitive anti-dumping duty shall be a fixed amount of euro per tonne of fuel content (usually but not necessarily in the form of tallow, stearin, paraffin wax or other waxes, including the wick) of the products manufactured by the companies as shown below: Company Amount of duty EUR per tonne of fuel TARIC additional code Aroma Consumer Products (Hangzhou) Co., Ltd 321,83 A910 Dalian Bright Wax Co., Ltd 171,98 A911 Dalian Talent Gift Co., Ltd 367,09 A912 Gala-Candles (Dalian) Co., Ltd 0 A913 M.X. Candles and Gifts (Taicang) Co., Ltd 0 A951 Ningbo Kwung’s Home Interior & Gift Co., Ltd 0 A914 Ningbo Kwung’s Wisdom Art & Design Co., Ltd, and its related company Shaoxing Koman Home Interior Co., Ltd 0 A915 Qingdao Kingking Applied Chemistry Co., Ltd 0 A916 Companies listed in Annex I 345,86 A917 All other companies 549,33 A999