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Anti-dumping Actions

Commodity: Cycles, with pedal assistance, with an auxiliary electric motor, currently falling within CN codes 8711 60 10 and ex 8711 60 90 (TARIC code 8711 60 90 10).

Countries/Economies: The Chinese mainland.

Action: On 18 January 2019, the Official Journal published Commission Implementing Regulation 2019/72 of 17 January 2019 imposing a definitive countervailing duty on imports of electric bicycles originating in the Chinese mainland. It will be recalled that on 21 December 2017, the European Commission had initiated the anti-subsidy investigation. It did so following a complaint lodged on 8 November 2017 by the European Bicycle Manufacturers Association (‘EBMA’ or ‘the complainant’) on behalf of Union producers said to be representing more than 25% of the total Union production of electric bicycles. The complaint contained evidence of subsidisation and of resulting injury that was sufficient to justify the initiation of the investigation. On 18 July 2018, the Commission imposed a provisional anti-dumping duty on imports of the same product in an investigation which had been initiated by notice published on 20 October 2017 (‘the parallel anti-dumping investigation’). The injury, causation and Union interest analyses performed in the anti-subsidy investigation and the parallel anti-dumping investigation are identical, since the definition of the Union industry, the representative Union producers and the investigation period are the same in both investigations. On 31 January 2018, the complainant submitted a request for registration of imports of electric bicycles. On 3 May 2018, the Commission published the registration Regulation making imports of electric bicycles from the Chinese mainland subject to registration as of 4 May 2018 onwards. The Commission calculated the amount of countervailable subsidies in accordance with the provisions of the Basic Anti-subsidy Regulation for the sampled exporting producers by examining each subsidy or subsidy programme, and it added these figures together to calculate a total amount of subsidisation for each exporting producer for the investigation period. Given the high rate of cooperation of Chinese exporting producers, the Commission set the amount for ‘all other companies’ at the level of the highest amount established for the sampled exporting producers. The ‘all other companies’ amount will be applied to those companies which did not cooperate in the investigation.

Rates: The rate of the definitive countervailing duty is between 3.9% and 17.2% for named companies, and is set at 17.2% for all other companies. Registration of imports resulting from Implementing Regulation 2018/671 shall be discontinued. No definitive countervailing duty shall be levied on the registered imports.

Dates: Commission Implementing Regulation 2019/72 entered into force on the day following that of its publication in the Official Journal.

 

Commodity: Cycles, with pedal assistance, with an auxiliary electric motor. The product concerned currently falls within CN codes 8711 60 10 and ex 8711 60 90 (TARIC code 8711 60 90 10).

Countries/Economies: The Chinese mainland.

Action: On 18 January 2019, Commission Implementing Regulation 2019/73 imposing a definitive anti-dumping duty on imports of electric bicycles originating in the Chinese mainland was published in the Official Journal. The Commission initiated the investigation following a complaint lodged on 8 September 2017 by the European Bicycle Manufacturers Association (‘the complainant’ or ‘EBMA’). The complainant is said to represent more than 25% of the total Union production of electric bicycles. The complaint apparently contained evidence of dumping and of resulting material injury that was sufficient to justify the initiation of the investigation. On 21 December 2017, the Commission initiated an anti-subsidy investigation with regard to imports into the Union of electric bicycles originating in the Chinese mainland, and started a separate investigation. On 31 January 2018, the complainant submitted a request for registration of imports of electric bicycles On 3 May 2018, the Commission published Implementing Regulation (EU) 2018/671 (‘the registration Regulation’) making imports of electric bicycles from the Chinese mainland subject to registration as of 4 May 2018 onwards. On 18 July 2018, the Commission imposed a provisional anti-dumping duty on imports into the Union of electric bicycles originating in the Chinese mainland by Commission Implementing Regulation 2018/1012. The Commission has addressed, among other things, several comments it received on “injury” to the Union industry. In the absence of any further comments, the Commission has confirmed its conclusions on injury set out in recitals (200) to (206) of the provisional Regulation. The Commission considers that, in view of the conclusions reached with regard to dumping, injury, causation and Union interest, definitive anti-dumping measures should be imposed in order to prevent further injury being caused to the Union industry by the dumped imports of the product concerned.  Rates: The rate of the definitive anti-dumping duty ranges between 10.3% and 70.1% for named companies, and is set at 62.1% for all other companies. Registration of imports resulting from Implementing Regulation 2018/671 making imports of electric bicycles originating in the Chinese mainland subject to registration shall be discontinued. No definitive anti-dumping duty will be levied retroactively for registered imports.  Dates: Commission Implementing Regulation 2019/73 was “done” at Brussels on 17 January 2019. No date of entry into force is mentioned in the Articles section of the Regulation, where mention of such date is normally made. However, traders should take note of the “corrigendum” published in the Official Journal on 19 January 2019. It states that Commission Implementing Regulation 2019/73 entered into force on the day following its publication in the Official Journal. 

 

Commodity: Aluminium radiators and elements or sections of which such radiator is composed, whether or not such elements are assembled in blocks, excluding radiators and elements and sections thereof of the electrical type, currently falling within CN codes ex 7615 10 10, ex 7615 10 80, ex 7616 99 10 and ex 7616 99 90 (TARIC codes 7615 10 10 10, 7615 10 80 10, 7616 99 10 91, 7616 99 90 01 and 7616 99 90 91).

Countries/Economies: The Chinese mainland.

Action: On 15 January 2019, Commission Implementing Regulation 2019/59 imposing a definitive anti-dumping duty on imports of aluminium radiators originating in the Chinese mainland, following an expiry review, was published in the Official Journal. It may be recalled that, in November 2012, following an anti-dumping investigation, the Council had imposed a definitive anti-dumping duty on imports of aluminium radiators. The definitive Regulation imposed an anti-dumping duty at rates ranging between 12.6% and 56.2% on imports from the sampled exporting producers, 21.2% on the non-sampled cooperating companies and a duty rate of 61.4 % on all other companies in the Chinese mainland. On 15 February 2017, the Commission published a notice of impending expiry of the anti-dumping measures in the Official Journal. On 30 June 2017, the International Association of Aluminium Radiator Manufacturers Limited Liability Consortium (AIRAL S.c.r.l.) (‘the applicant’), said to be representing more than 25% of the total production of aluminium radiators in the EU (or ‘Union’), lodged a request for an expiry review. On 9 November 2017, the Commission published a notice of initiation of the expiry review in the Official Journal. The Regulation imposing the definitive duties notes the following: if the measures were to be repealed, the Union industry would not be able to maintain their sales volume and market share against the low priced imports from mainland China. It would be highly likely that the Chinese market share would increase rapidly if the measures were allowed to lapse. Losing sales volume would lead to an even lower utilisation rate and an increase in the average cost of production. This would lead to a deterioration of the financial situation of the Union industry and in particular a decrease in profitability. The expiry of the measures would likely have a negative effect on the Union industry, especially for employment. During the period considered the Union industry already reduced product-related employment. Expiry of the measures might cause the shutdown of whole producing units. In sum, as a result of the expiry review, the Commission concluded that there is a strong likelihood of recurrence of injury should the measures be repealed.

Rates: The definitive anti-dumping duty is set at rates ranging between 12.6% and 56.2% on imports of the product concerned from named entities, and a duty rate of 61.4% on imports of the product concerned from all other companies.
Dates: Commission Implementing Regulation 2019/59 entered into force on the day following that of its publication in the Official Journal.

Content provided by Picture: HKTDC Research
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