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Commission Implementing Regulation (EU) 2016/1395 of 18 August 2016 reimposing a definitive anti-dumping duty and collecting definitely the provisional duty imposed on imports of certain footwear with uppers of leather originating in the People's Republic of China and produced by Buckinghan Shoe Mfg Co. Ltd, Buildyet Shoes Mfg., DongGuan Elegant Top Shoes Co. Ltd, Dongguan Stella Footwear Co. Ltd, Dongguan Taiway Sports Goods Limited, Foshan City Nanhai Qun Rui Footwear Co., Jianle Footwear Industrial, Sihui Kingo Rubber Shoes Factory, Synfort Shoes Co. Ltd, Taicang Kotoni Shoes Co. Ltd, Wei Hao Shoe Co. Ltd, Wei Hua Shoe Co. Ltd, Win Profile Industries Ltd, and implementing the judgment of the Court of Justice in joined cases C-659/13 and C-34/14

Commission Implementing Regulation (EU) 2016/1395 of 18 August 2016 reimposing a definitive anti-dumping duty and collecting definitely the provisional duty imposed on imports of certain footwear with uppers of leather originating in the People's Republic of China and produced by Buckinghan Shoe Mfg Co. Ltd, Buildyet Shoes Mfg., DongGuan Elegant Top Shoes Co. Ltd, Dongguan Stella Footwear Co. Ltd, Dongguan Taiway Sports Goods Limited, Foshan City Nanhai Qun Rui Footwear Co., Jianle Footwear Industrial, Sihui Kingo Rubber Shoes Factory, Synfort Shoes Co. Ltd, Taicang Kotoni Shoes Co. Ltd, Wei Hao Shoe Co. Ltd, Wei Hua Shoe Co. Ltd, Win Profile Industries Ltd, and implementing the judgment of the Court of Justice in joined cases C-659/13 and C-34/14

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union (‘TFEU’), and in particular to Article 266 thereof,

Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union(1) (‘the basic Regulation’), and in particular Articles 9 and 14 thereof,

Whereas:

    HAS ADOPTED THIS REGULATION:

    Article 1

    1.

    A definitive anti-dumping duty is hereby imposed on imports of footwear with uppers of leather or composition leather, excluding sports footwear, footwear involving special technology, slippers and other indoor footwear and footwear with a protective toecap, originating in the People's Republic of China and produced by the exporting producers listed in Annex II to this Regulation and falling within CN codes: 6403 20 00, ex64033000(41), ex64035111, ex64035115, ex64035119, ex64035191, ex64035195, ex64035199, ex64035911, ex64035931, ex64035935, ex64035939, ex64035991, ex64035995, ex64035999, ex64039111, ex64039113, ex64039116, ex64039118, ex64039191, ex64039193, ex64039196, ex64039198, ex64039911, ex64039931, ex64039933, ex64039936, ex64039938, ex64039991, ex64039993, ex64039996, ex64039998 and ex64051000(42) which took place during the period of application of Council Regulation (EC) No 1472/2006 and Council Regulation (EU) 1294/2009. The TARIC codes are listed in Annex I to this Regulation.

    2.

    For the purpose of this Regulation, the following definitions shall apply:

    • ‘sports footwear’ shall mean footwear within the meaning of subheading note 1 to Chapter 64 of Annex I of Commission Regulation (EC) No 1719/2005(43),

    • ‘footwear involving special technology’ shall mean footwear having a CIF price per pair of not less than EUR 7,5, for use in sporting activities, with a single- or multi-layer moulded sole, not injected, manufactured from synthetic materials specially designed to absorb the impact of vertical or lateral movements and with technical features such as hermetic pads containing gas or fluid, mechanical components which absorb or neutralise impact, or materials such as low-density polymers and falling within CN codes ex64039111, ex64039113, ex64039116, ex64039118, ex64039191, ex64039193, ex64039196, ex64039198, ex64039991, ex64039993, ex64039996, ex64039998,

    • ‘footwear with a protective toecap’ shall mean footwear incorporating a protective toecap with an impact resistance of at least 100 joules(44) and falling within CN codes: ex64033000(45), ex64035111, ex64035115, ex64035119, ex64035191, ex64035195, ex64035199, ex64035911, ex64035931, ex64035935, ex64035939, ex64035991, ex64035995, ex64035999, ex64039111, ex64039113, ex64039116, ex64039118, ex64039191, ex64039193, ex64039196, ex64039198, ex64039911, ex64039931, ex64039933, ex64039936, ex64039938, ex64039991, ex64039993, ex64039996, ex64039998 and ex64051000,

    • ‘slippers and other indoor footwear’ shall mean such footwear falling within CN code ex64051000.

    3.

    The rate of the definitive anti-dumping duty applicable, before duty, to the net free-at-Union-frontier price of the products described in paragraph 1 and manufactured by the exporting producers listed in Annex II to this Regulation shall be 16,5 %.

    Article 2

    The amounts secured by way of the provisional anti-dumping duty pursuant to Commission Regulation (EC) No 553/2006 of 27 March 2006 shall be definitively collected by the present Regulation. The amounts secured in excess of the definitive rate of anti-dumping duty shall be released.

    Article 3

    This 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.

    Done at Brussels, 18 August 2016.

    For the Commission

    The President

    Jean-Claude Juncker

    ANNEX I

    ANNEX II