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Document 02018R1579-20181113

Consolidated text: Commission Implementing Regulation (EU) 2018/1579 of 18 October 2018 imposing a definitive anti-dumping duty and collecting definitively the provisional duty 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 originating in the People's Republic of China and repealing Implementing Regulation (EU) 2018/163

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ELI: http://data.europa.eu/eli/reg_impl/2018/1579/2018-11-13

02018R1579 — EN — 13.11.2018 — 001.001

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COMMISSION IMPLEMENTING REGULATION (EU) 2018/1579

of 18 October 2018

imposing a definitive anti-dumping duty and collecting definitively the provisional duty 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 originating in the People's Republic of China and repealing Implementing Regulation (EU) 2018/163

(OJ L 263 22.10.2018, p. 3)

Amended by:

 

 

Official Journal

  No

page

date

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COMMISSION IMPLEMENTING REGULATION (EU) 2018/1690 of 9 November 2018

  L 283

1

12.11.2018



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COMMISSION IMPLEMENTING REGULATION (EU) 2018/1579

of 18 October 2018

imposing a definitive anti-dumping duty and collecting definitively the provisional duty 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 originating in the People's Republic of China and repealing Implementing Regulation (EU) 2018/163



Article 1

1.  
A definitive anti-dumping duty is 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 within CN codes 4011 20 90 and ex 4012 12 00 (TARIC code 4012120010 ) and originating in the People's Republic of China.

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2.  

The definitive anti-dumping duty applicable in EUR per item of the product described in paragraph 1 and produced by the companies listed below shall be as follows:



Company

Definitive anti-dumping duty

TARIC Additional Code

Xingyuan Tire Group Ltd, Co.; Guangrao Xinhongyuan Tyre Co., Ltd

4,48

C331

Giti Tire (Anhui) Company Ltd; Giti Tire (Fujian) Company, Ltd; Giti Tire (Hualin) Company Ltd; Giti Tire (Yinchuan) Company, Ltd

36,89

C332

Aeolus Tyre Co., Ltd; Aeolus Tyre (Taiyuan) Co., Ltd; Qingdao Yellow Sea Rubber Co., Ltd; Pirelli Tyre Co, Ltd

0,37

C333

Chongqing Hankook Tire Co., Ltd; Jiangsu Hankook Tire Co., Ltd

38,98

C334

Other cooperating companies listed in the Annex I

21,62

See Annex I

Other cooperating companies listed in the Annex II

0

See Annex II

All other companies

4,48

C999

3.  
The application of the individual duty rates specified for the companies listed in paragraph 2 or in Annexes I or II shall be conditional upon presentation to the Member States' customs authorities of a valid commercial invoice, on which shall appear a declaration dated and signed by an official of the entity issuing such invoice, identified by name and function, drafted as follows: ‘I, the undersigned, certify that the (item(s)) of (product concerned) sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in the People's Republic of China. I declare that the information provided in this invoice is complete and correct.’ If no such invoice is presented, the duty applicable to all other companies shall apply.

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4.  
The Commission shall monitor imports of road, trailer and semi-trailer wheels fitted with pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries, with a load index exceeding 121, under TARIC codes 8708701015 , 8708701080 , 8708705015 , 8708705080 , 8708709115 , 8708709915 , 8716909015 and 8716909080 .
5.  
Unless otherwise specified, the relevant provisions in force concerning customs duties shall apply. The default interest to be paid in case of reimbursement that gives rise to a right to payment of default interest shall be the rate applied by the European Central Bank to its principal refinancing operations, as published in the C series of the Official Journal of the European Union, in force on the first calendar day of the month in which the deadline falls, increased by three and a half percentage points.
6.  
In cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is apportioned for the determination of the customs value pursuant to Article 131 of Commission Implementing Regulation (EU) 2015/2447, the amount of anti-dumping duty laid down in paragraph 2 shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable.

Article 2

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Article 1(2) may be amended by adding the new exporting producer to the list of companies identified in the table and subject to an individual duty not exceeding the duty rate applicable to those companies that cooperated in the anti-dumping investigation but not in the anti-subsidy investigation, where any new exporting producer in the People's Republic of China provides sufficient evidence to the Commission that:

(a) 

it did not export to the Union the product concerned in Article 1(1) in the period between 1 July 2016 and 30 June 2017 (investigation period);

(b) 

it is not related to any exporter or producer in the People's republic of China which is subject to the anti-dumping measures imposed by this Regulation;

(c) 

it has actually exported to the Union the product concerned after the investigation period on which measures are based, or it has entered into an irrevocable contractual obligation to export a significant quantity to the Union.

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Article 3

The amounts secured by way of the provisional anti-dumping duties pursuant to Commission Implementing Regulation (EU) 2018/683 shall be definitively collected. The amounts secured in excess of the definitive amount of euros per item of the anti-dumping duties contained in Article 1(2) of this Regulation shall be released.

Article 4

The Commission Implementing Regulation (EU) 2018/163 is repealed.

Article 5

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

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ANNEX 1

Cooperating Chinese exporting producers not sampled:



Name of the Company

TARIC additional code

Bayi Rubber Co., Ltd

C335

Bridgestone (Huizhou) Tire Co., Ltd

C336

Chaoyang Long March Tyre Co., Ltd

C338

Guizhou Tyre Co., Ltd

C340

Jiangsu General Science Technology Co., Ltd

C341

Megalith Industrial Group Co., Ltd

C342

Michelin Shenyang Tire Co., Ltd

C343

Nanjing Kumho Tire Co., Ltd

C344

Ningxia Shenzhou Tire Co., Ltd

C345

Prinx Chengshan (Shandong) Tire Co., Ltd

C346

Qingdao Doublestar Tire Industrial Co., Ltd

C347

Qingdao Fudong Tyre Co., Ltd

C348

Qingdao Hairunsen Tyre Co., Ltd

C349

Qingdao GRT Rubber Co., Ltd

C350

Sailun Jinyu Group Co., Ltd

C351

Shaanxi Yanchang Petroleum Group Rubber Co., Ltd

C352

Shandong Kaixuan Rubber Co., Ltd

C353

Shandong Changfeng Tyres Co., Ltd

C354

Shandong Haohua Tire Co., Ltd

C355

Shandong Hengfeng Rubber & Plastic Co., Ltd

C357

Shandong Hengyu Science & Technology Co., Ltd

C358

Shandong Homerun Tires Co., Ltd

C359

Shandong Huasheng Rubber Co., Ltd

C360

Shandong Hugerubber Co., Ltd

C361

Shandong Jinyu Tire Co., Ltd

C362

Shandong Linglong Tyre Co., Ltd

C363

Shandong Mirage Tyres Co., Ltd

C364

Shandong Vheal Group Co., Ltd

C365

Shandong Wanda Boto Tyre Co., Ltd

C366

Shandong Wosen Rubber Co., Ltd

C367

Shandong Yongfeng Tyres Co., Ltd

C368

Shandong Yongsheng Rubber Group Co., Ltd; Shandong Santai Rubber Co., Ltd

C369

Shandong Yongtai Group Co., Ltd

C370

Shanghai Huayi Group Corp. Ltd; Double Coin Group (Jiang Su) Tyre Co., Ltd

C371

Shengtai Group Co., Ltd

C372

Toyo Tire (Zhucheng) Co., Ltd

C374

Triangle Tyre Co., Ltd

C375

Weifang Goldshield Tire Co., Ltd

C376

Weifang Shunfuchang Rubber And Plastic Products Co., Ltd

C377

Xuzhou Armour Rubber Company Ltd

C378



ANNEX 2

Other non sampled Chinese exporting producers cooperating in the anti-dumping investigation, but not in the anti-subsidy investigation:



Name of the Company

TARIC additional code

Briway Tire Co., Ltd

C337

Goodyear Dalian Tire Co., Ltd

C339

Shandong Hawk International Rubber Industry Co., Ltd

C356

Sichuan Kalevei Technology Co., Ltd

C373

Zhongce Rubber Group Co., Ltd

C379

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