9 Feb 2018
Commodity: New and retreaded tyres 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: On 2 February 2018, the Official Journal published Commission Implementing Regulation 2018/163 making imports of new and retreaded tyres for buses or lorries originating in the Chinese mainland subject to registration. It may be recalled that on 11 August 2017 and on 14 October 2017 respectively, the European Commission announced the initiation of an anti-dumping and an anti-subsidy proceeding. The proceedings were launched pursuant to complaints from the coalition against unfair tyres imports (‘the complainant’) on behalf of producers said to be representing more than 45% of the total Union production of new and retreaded tyres for buses or lorries. The complainant requested that imports of the product concerned be made subject to registration so that measures may subsequently be applied against those imports from the date of such registration. Imports may be made subject to registration following a request from the Union industry, which contains sufficient evidence to justify such action. According to the complainant, registration is justified as the product concerned is being dumped and subsidised. Significant injury to the Union industry, which is difficult to repair, is being caused by low-priced imports. The Commission has concluded that there is sufficient evidence to justify making the imports of the product concerned subject to registration. The customs authorities are therefore directed to take the appropriate steps to register imports into the EU of and originating in the Chinese mainland. With registration, should the investigation result in findings leading to the imposition of anti-dumping and/or countervailing duties, those duties can, if the necessary conditions are fulfilled, be levied retroactively on the registered imports in accordance with the applicable legal provisions. Any future liability would emanate from the findings of the anti-dumping and the anti-subsidy investigations respectively.
Dates: Registration shall expire nine months following the date of entry into force of the Regulation. All interested parties have been invited to make their views known in writing, to provide supporting evidence or to request to be heard within 21 days from the date of publication of the Regulation. The Regulation entered into force on the day following that of its publication in the Official Journal.
Commodity: Certain articles of lamellar graphite cast iron (grey iron) or spheroidal graphite cast iron (also known as ductile cast iron), and parts thereof currently falling within CN codes ex 7325 10 00 (TARIC code 7325100031) and ex 7325 99 10 (TARIC code 7325991051). For a more detailed product description, please see Article one of Commission Implementing Regulation 2018/140.
Countries/Economies: The Chinese mainland.
Action: On 30 January 2018, Commission Implementing Regulation 2018/140 was published in the Official Journal, imposing a definitive anti-dumping duty on imports of certain cast iron articles originating in the Chinese mainland. The Regulation has terminated the investigation on imports of certain cast iron articles originating in India, given the fact that no dumping was established. The European Commission had initiated the investigation on 10 December 2016, following a complaint lodged on 31 October 2016 by seven Union producers said to be representing more than 40% of the total Union production of certain cast iron articles. The Commission has stated that, in view of the conclusions reached with regard to dumping, injury, causation and Union interest, definitive anti-dumping measures should be imposed on the imports from mainland China of the product concerned at the level of the dumping margin, in accordance with the lesser duty rule. It is also noted that, to minimise the risks of circumvention due to the high difference in duty rates, special measures are needed to ensure the application of the individual anti-dumping duties. The companies with individual anti-dumping duties must present a valid commercial invoice to the customs authorities of the Member States. The invoice must conform to the requirements set out in Article 1(3) of the Regulation. Imports not accompanied by that invoice will be subject to the anti-dumping duty applicable to ‘all other companies’.
Rates: The rates of the definitive anti-dumping duty is set at between 15.5% and 38.1% for individually named companies, and at 38.1% for all other companies.
Dates: The Regulation entered into force on the day following that of its publication in the Official Journal.