23 Oct 2018
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 4012 12 00 10).
Countries/Economies: The Chinese mainland.
Action: On 22 October 2018, the Official Journal published Commission Implementing Regulation 2018/1579 imposing a definitive anti-dumping duty on imports of the product concerned. On 4 May 2018, the European Commission had adopted Regulation 2018/683 imposing a provisional anti-dumping duty on imports into the EU of the product concerned. The Commission had initiated the investigation on 11 August 2017, following a complaint lodged on 30 June 2017 by the coalition against unfair tyres imports (‘the complainant’) on behalf of producers said to be representing more than 25% of the total Union production of new and retreaded tyres for buses or lorries. The Commission made imports of the product concerned subject to registration by Commission Implementing Regulation 2018/163. The registration of imports ceased with the entry into force of the provisional measures on 8 May 2018. The Commission has noted in the new Regulation that it took into account a number of comments from interested parties received after provisional disclosure and recalculated the dumping margins of all the sampled exporting producers. This led to the decrease of the provisionally established dumping margins. This change also had an impact on the dumping margin of all other cooperating and non-cooperating companies since these margins are based on the margins of the sampled companies. As for injury, the Commission confirmed its initial findings in recitals (208) and (209) of the Regulation imposing provisional duties and noted as follows in the new Regulation: the Union industry as a whole was under intense pressure. There was a reduction in production capacity, investment and employment over the period considered and a remarkable loss of market share despite the ongoing decrease in sales prices. Chinese imports were substantially undercutting Union industry prices. Profitability of the Union industry as a whole also declined, and even faster toward the end of the period considered.
Rates: The definitive anti-dumping duties are applicable in euros per item of the product described above. The duties range from between €42.73 to €61.76 per item for named companies, while for “all other companies” the amount is €61.76 per item.
Dates: Regulation 2018/1579 entered into force on the day following that of its publication in the Official Journal.
Commodity: Crystalline silicon photovoltaic modules or panels and cells of the type used in crystalline silicon photovoltaic modules or panels. The commodity is described in detail in, for example, Article 1 of Commission Implementing Regulation 2017/366.
Countries/Economies: The Chinese mainland.
Action: On 17 October 2018, the Official Journal published Commission Implementing Regulation 2018/1551 invalidating invoices issued by two exporting producers in breach of an undertaking. It will be recalled that, since 2013, the EU imposed trade defence measures, i.e., definitive anti-dumping and countervailing duties, on imports into the EU of modules and cells originating in or consigned from mainland China (‘the product concerned’). Subsequently, the Commission accepted a price undertaking made by a group of exporting producers. The trade defence measures eventually expired on 3 September this year. The undertaking had been accepted for the following exporting producers, among others: (a) Jiangsu Sinski PV, Co. Ltd covered by the TARIC additional code: B838 (‘Sinski PV’); and (b) Zheijang Koly Energy Co. Ltd covered by the TARIC additional code: B908 (‘Koly Energy’). The Commission then received evidence from customs authorities of two Member States regarding compliance of Sinski PV and Koly Energy with the undertaking. The Commission has concluded that Sinski PV and Koly Energy breached the undertaking while it was still in force. Therefore, Sinski PV and Koly Energy's invoices (listed in recitals (25) and (26) of Regulation 2018/1551) have been declared invalid. The anti-dumping and countervailing duties due at the time of acceptance of the customs declaration for release into free circulation shall be collected.
Dates: Commission Implementing Regulation 2018/1551 invalidating invoices issued by the two exporting producers entered into force on the day following that of its publication in the Official Journal.