6 Aug 2019
Commodity: Certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries, with a load index exceeding 121, currently falling within CN codes 4011 20 90 and ex 4012 12 00 (TARIC code 4012120010).
Countries/Economies: The Chinese mainland.
Action: The Official Journal has published a notice concerning the anti-dumping and countervailing measures in force in respect of imports of certain pneumatic tyres originating in the Chinese mainland. The notice concerns the name change of one company subject to the duty for cooperating non sampled companies. Imports of the product concerned are subject to definitive anti-dumping and countervailing duties imposed by Commission Implementing Regulation 2018/1579 and Commission Implementing Regulation 2018/1690. Sailun Jinyu Group Co. Ltd, TARIC additional code C351, a company located in the Chinese mainland, whose exports to the Union of the product concerned, are subject to the anti-dumping duty amount of 21.62 EUR/item and of the countervailing duty amount of 27.69 EUR/item, informed the Commission that it had changed its name to Sailun Group Co., Ltd. The company asked the Commission to confirm that the change of name does not affect the right of the company to benefit from the anti-dumping duty amount and countervailing duty amount applied to the company under its previous name. The Commission examined the information supplied and concluded that the change of name in no way affects the findings of Regulation 2018/1579 and Regulation 2018/1690. The TARIC additional code C351 previously attributed to Sailun Jinyu Group Co., Ltd shall apply to Sailun Group Co., Ltd.
Dates: The notice was published on 2 August 2019.
Commodity: Certain polyvinyl alcohols in the form of homopolymer resins with a viscosity (measured in 4% solution) of 3 mPas or more but not exceeding 61 mPas and a degree of hydrolysis of 80.0 mol% or more but not exceeding 99.9 mol%. PVA is mainly used as an additive, precursor or agent by a large number of Union industries. The product concerned currently falls under CN code ex 3905 30 00 (TARIC code 3905300091).
Countries/Economies: The Chinese mainland.
Action: On 30 July 2019, the Official Journal published a notice of initiation of an anti-dumping proceeding concerning imports of certain polyvinyl alcohols originating in the Chinese mainland. The complaint was lodged on 19 June 2019 by Kuraray Europe GmbH (‘the complainant’) said to be representing more than 60% of the total Union production of certain polyvinyl alcohols. The complainant claimed that it is not appropriate to use domestic prices and costs in the country concerned, due to the existence of significant distortions. To substantiate the allegations of significant distortions, the complainant relied on the information contained in the ‘Commission Staff Working Document on Significant Distortions in the Economy of the People's Republic of China for the Purposes of Trade Defence Investigations’ (‘the country report’) produced by the Commission services on 20 December 2017. The complainant claimed, for example, that the production and sale of the product under investigation is potentially affected by the factors mentioned, among others, in Section 4.2.1 ‘Structure of the Chinese Planning System’, and Section 16.2.6 ‘Overcapacity’ of the country report. In light of the information available, the Commission considers that there is sufficient evidence tending to show that, due to significant distortions affecting prices and costs, the use of domestic prices and costs in mainland China is inappropriate. It should also be noted that EU Regulation 2018/825, which entered into force on 8 June 2018 (the ‘TDI Modernisation package’), introduced significant changes to the timetable and deadlines previously applicable in anti-dumping proceedings. In particular, it is stated that investigations will be conducted more expeditiously and any provisional measures may be imposed up to two months earlier than previously. The time-limits for interested parties to come forward, in particular at the early stage of investigations, are shortened. Companies are strongly advised to examine the notice of initiation for all time limits and other applicable requirements.
Dates: All interested parties wishing to comment on the complaint or any aspects regarding the initiation of the investigation must do so within 37 days of the date of publication of the notice. Any request for a hearing with regard to the initiation of the investigation must be submitted within 15 days of the date of publication of the notice. The investigation is, whenever possible, to be concluded within one year but in any event not later than 14 months from the date of publication of the notice. Provisional measures may be imposed normally not later than 7 months, but in any event not later than 8 months from the publication of the notice. The Commission will provide information on the planned imposition of provisional duties 3 weeks before the imposition of provisional measures. Interested parties may request this information in writing within 4 months of the publication of the notice. Interested parties will be given 3 working days to comment in writing on the accuracy of the calculations. Please see the notice of initiation for all other applicable time limits.