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Commission Implementing Regulation (EU) 2020/526 of 15 April 2020 re-imposing a definitive countervailing duty on imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron) originating in India as regards Jindal Saw Limited following the judgment of the General Court in T-300/16

Commission Implementing Regulation (EU) 2020/526 of 15 April 2020 re-imposing a definitive countervailing duty on imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron) originating in India as regards Jindal Saw Limited following the judgment of the General Court in T-300/16

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union(1), and in particular Articles 15 and 24(1) thereof,

Whereas:

    HAS ADOPTED THIS REGULATION:

    Article 1

    1.

    A definitive countervailing duty is hereby imposed on imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron), with the exclusion of tubes and pipes of ductile cast iron without internal and external coating (‘bare pipes’), currently falling under CN codes ex73030010 and ex73030090 (TARIC codes 7303001010, 7303009010), originating in India and manufactured by Jindal Saw Limited, as of 19 March 2016.

    2.

    The rate of the definitive countervailing duty applicable to the net, free-at-Union-frontier price before duty, of the product described in paragraph 1 and manufactured by Jindal Saw Limited, shall be 6,0 % (TARIC additional code C054).

    Article 2

    Any definitive countervailing duty paid by Jindal Saw Limited pursuant to Implementing Regulation (EU) 2016/387 in excess of the definitive countervailing duty established in Article 1 shall be repaid or remitted.

    The repayment or remission shall be requested from national customs authorities in accordance with the applicable customs legislation. Any reimbursements that took place following the General Court’s ruling in case T-300/16 Jindal Saw shall be recovered by the authorities which made the reimbursements up to the amount set out in Article 1(2).

    Article 3

    The definitive countervailing duty imposed by Article 1 shall also be collected on imports registered in accordance with Article 1 of Commission implementing Regulation (EU) 2019/1250 making certain imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron) originating in India subject to registration following the re-opening of the investigation in order to implement the judgments of 10 April 2019 in cases T-300/16 and T-301/16, with regard to Implementing Regulations (EU) 2016/387 and (EU) No 2016/388 imposing a definitive countervailing and a definitive anti-dumping duty on imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron) originating in India.

    Article 4

    Customs authorities are directed to discontinue the registration of imports, established in accordance with Article 1(1) of Implementing Regulation (EU) 2019/1250, which is hereby repealed.

    Article 5