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Commission Implementing Regulation (EU) 2019/1693 of 9 October 2019 imposing a provisional anti-dumping duty on imports of steel road wheels originating in the People’s Republic of China

Commission Implementing Regulation (EU) 2019/1693 of 9 October 2019 imposing a provisional anti-dumping duty on imports of steel road wheels originating in the People’s Republic of China

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

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), and in particular Article 7 thereof,

After consulting the Member States,

Whereas:

    HAS ADOPTED THIS REGULATION:

    Article 1

    1.

    A provisional anti-dumping duty is imposed on imports of road wheels of steel, whether or not with their accessories and whether or not fitted with tyres, designed for:

    1. Road tractors;

    2. Motor vehicles for the transport of persons and/or the transport of goods;

    3. Special purpose motor vehicles (for example, fire fighting vehicles, spraying lorries);

    4. Trailers or semi-trailers, not mechanically propelled, of road tractors

    originating in the People’s Republic of China, currently falling within CN codes ex87087010, ex87087099, ex87169090 (TARIC codes 8708701080, 8708701085, 8708709920, 8708709980, 8716909095, and 8716909097) (‘the product concerned’).

    The following products are excluded:

    1. Road wheels of steel for the industrial assembly of pedestrian-controlled tractors currently falling under subheading 8701 10;

    2. Wheels for road quad bikes;

    3. Wheel centres in star form, cast in one piece, of steel;

    4. Wheels for motor vehicles, specifically designed for uses other than on public roads (for example, wheels for agricultural tractors or forestry tractors, for forklifts, for pushback tractors, for dumpers designed for off-highway use);

    5. Wheels for passenger car trailers, caravans, agricultural trailers and other trailed agricultural equipment used in fields, with a rim diameter of maximum 16 inches.

    2.

    The rates of the provisional anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty, of the product described in paragraph 1 and produced by the companies listed below shall be as follows:

    Company

    Provisional anti-dumping duty (%)

    TARIC additional code

    Xingmin Intelligent Transportation Systems Co., Ltd

    50,3

    C508

    Tangshan Xingmin Wheels Co., Ltd.

    50,3

    C509

    Xianning Xingmin Wheels Co., Ltd.

    50,3

    C510

    Other cooperating companies listed in Annex I

    50,3

    See Annex I

    All other companies

    66,4

    C999

    3.

    The application of the individual duty rates specified for the companies mentioned in paragraph 2 shall be conditional upon presentation to the Member States’ customs authorities of a valid commercial invoice, on which shall appear a declaration dated and signed by an official of the entity issuing such invoice, identified by his/her name and function, drafted as follows: ‘I, the undersigned, certify that the (volume) of (product concerned) sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in the [PRC]. I declare that the information provided in this invoice is complete and correct.’ If no such invoice is presented, the duty applicable to all other companies shall apply.

    4.

    The release for free circulation in the Union of the product referred to in paragraph 1 shall be subject to the provision of a security deposit equivalent to the amount of the provisional duty.

    5.

    Where a declaration for release for free circulation is presented in respect of the product referred to in paragraph 1, the number of pieces of the products imported shall be entered in the relevant field of that declaration.

    6.

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

    Article 2

    1.

    Interested parties shall submit their written comments on this regulation to the Commission within 15 calendar days of the date of entry into force of this Regulation.

    2.

    Interested parties wishing to request a hearing with the Commission shall do so within 5 calendar days of the date of entry into force of this Regulation.

    3.

    Interested parties wishing to request a hearing with the Hearing Officer in trade proceedings shall do so within 5 calendar days of the date of entry into force of this Regulation. The Hearing Officer shall examine requests submitted outside this time limit and may decide whether to accept to such requests if appropriate.

    Article 3

    This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

    Article 1 shall apply for a period of six months.

    This Regulation shall be binding in its entirety and directly applicable in all Member States.

    Done at Brussels, 9 October 2019.

    For the Commission

    The President

    Jean-Claude Juncker

    ANNEX IChinese cooperating exporting producers not sampled