A definitive countervailing duty is hereby imposed on imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries, with a load index exceeding 121, currently falling under CN codes 4011 20 90 and ex40121200 (TARIC code 4012120010) and originating in the People's Republic of China as far as the companies listed in paragraph (2) are concerned.
Commission Implementing Regulation (EU) 2023/738 of 4 April 2023 re-imposing a definitive countervailing duty on imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries, with a load index exceeding 121 originating in the People's Republic of China following the judgment of the General Court in joined cases T-30/19 and T-72/19
Commission Implementing Regulation (EU) 2023/738 of 4 April 2023 re-imposing a definitive countervailing duty on imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries, with a load index exceeding 121 originating in the People's Republic of China following the judgment of the General Court in joined cases T-30/19 and T-72/19
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.
2.
The definitive countervailing duties applicable in euros per item of the product described in paragraph 1 and produced by the companies listed below shall be as follows, as from 13 November 2018.
Company |
Countervailing duty |
TARIC Additional Code |
|---|---|---|
GITI Tire (Anhui) Company Co., Ltd; GITI Tire (Fujian) Company, Co., Ltd; GITI Tire (Hualin) Company Co., Ltd; GITI Tire (Yinchuan) Company Co., Ltd |
11,07 |
C332 |
Chongqing Hankook Tire Co., Ltd; Jiangsu Hankook Tire Co., Ltd |
3,75 |
C334 |
Aeolus Tyre Co., Ltd, Aeolus Tyre (Taiyuan) Co., Ltd; Qingdao Yellow Sea Rubber Co., Ltd; Pirelli Tyre Co., Ltd |
39,77 |
C877(1) |
Other companies subject to this reimposition cooperating in both anti- subsidy and anti-dumping investigation listed in the Annex |
27,69 |
|
Zhongce Rubber Group Co., Ltd |
57,28 |
C379 |
Weifang Yuelong Rubber Co., Ltd |
57,28 |
C875 |
Hefei Wanli Tire Co., Ltd |
57,28 |
C876 |
Article 2
Any definitive countervailing duty paid by exporting producers referred to in Article 1(2) pursuant to Implementing Regulation (EU) 2018/1690 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 reimbursement that took place following the General Court’s ruling in in Cases T-30/19 and T-72/19 China Rubber Industry Association (CRIA) and China Chamber of Commerce of Metals, Minerals & Chemicals Importers & Exporters (CCCMC)v European Commission shall be recovered by the authorities which made the reimbursement 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(3) of Implementing Regulation (EU) 2022/1175 of 7 July 2022 making imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries and with a load index exceeding 121 originating in the People’s Republic of China subject to registration following the re-opening of the investigation in order to implement the judgments of 4 May 2022 in joined cases T-30/19 and T-72/19, with regard to Implementing Regulation (EU) 2018/1579 and Implementing Regulation (EU) 2018/1690.
Article 4
Customs authorities are directed to discontinue the registration of imports, established in accordance with Article 1(1) of Implementing Regulation (EU) 2022/1175, which is hereby repealed.