Commission Implementing Regulation (EU) 2020/353 of 3 March 2020 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of steel road wheels originating in the People’s Republic of China
Commission Implementing Regulation (EU) 2020/353 of 3 March 2020 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed 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) (‘the basic Regulation’), and in particular Article 9(4) thereof,
Whereas:
HAS ADOPTED THIS REGULATION:
Article 1
A definitive anti-dumping duty is imposed on imports of wheels of steel designed for use on the road, whether or not with their accessories and whether or not fitted with tyres, designed for:
-
Road tractors,
-
Motor vehicles for the transport of persons and/or the transport of goods,
-
Special purpose motor vehicles (for example, fire fighting vehicles, spraying lorries),
-
Trailers or semi-trailers, not mechanically propelled, of the above listed vehicles
originating in the People’s Republic of China, currently falling under CN codes ex87087010, ex87087099 and ex87169090 (TARIC codes 8708701080, 8708701085, 8708709920, 8708709980, 8716909095 and 8716909097) (‘the product concerned’).
The following products are excluded:
-
Road wheels of steel for the industrial assembly of pedestrian-controlled tractors currently falling under subheading 8701 10,
-
Wheels for road quad bikes,
-
Wheel centres in star form, cast in one piece, of steel,
-
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),
-
Wheels for passenger car trailers and for caravans, not mechanically propelled, with a rim diameter of not more than 16 inches,
-
Wheels for trailers or semi-trailers, specifically designed for uses other than on public roads (for example, wheels for agricultural trailers and other trailed agricultural equipment used in fields).
The rates of the definitive anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty, of the product described in paragraph 1 and manufactured by the companies listed below, shall be as follows:
Company |
Definitive 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 the Annex |
50,3 |
See Annex |
All other companies |
66,4 |
C999 |
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 name and function, drafted as follows: ‘I, the undersigned, certify that the (pieces) 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 [country concerned]. 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.
Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2
The amounts secured by way of the provisional anti-dumping duty under Implementing Regulation (EU) 2019/1693 shall be definitively collected.
Article 3
Where any producer from the People’s Republic of China provides sufficient evidence to the Commission that
-
it did not export the goods described in Article 1(1) originating in the People’s Republic of China during the period of investigation (1 January 2018 to 31 December 2018),
-
it is not related to an exporter or producer subject to the measures imposed by this Regulation; and
-
it has either actually exported the goods concerned or has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the end of the period of investigation,
the Commission may amend the Annex in order to attribute to that producer the duty applicable to cooperating producers not in the sample, i.e. 50,3 %.
Article 4
Where a declaration for release for free circulation is presented in respect of the products referred to in Article 1, the number of pieces of the products imported shall be entered in the relevant field of that declaration.