LegalizeCommission Implementing Regulation (EU) 2016/2303 of 19 December 2016 imposing a provisional anti-dumping duty on imports of certain concrete reinforcement bars and rods originating in the Republic of Belarus
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- (146) In the light of the foregoing, it is considered that, in accordance with Article 7(2) of the basic Regulation, provisional anti-dumping duties should be imposed in respect of imports of rebars originating in Belarus at the level of the lower of the dumping and the injury margins, in accordance with the lesser duty rule.
- (147) On the basis of the above, the provisional anti-dumping duty rates have been established by comparing the injury margins, dumping margins. Consequently, the proposed anti-dumping duties are as follows:
| Company | Injury margin (%) | Dumping margin (%) | Provisional anti-dumping duty rate (%) |
|---|---|---|---|
| BMZ | 12,5 | 58,4 | 12,5 |
| All other companies | 12,5 | 58,4 | 12,5 |
- (148) Any claim requesting the application of these individual company anti-dumping duty rates (e.g. following a change in the name of the entity or following the setting up of new production or sales entities) should be addressed to the Commission 10 forthwith with all relevant information, in particular any modification in the company's activities linked to production, domestic and export sales associated with, for example, that name change or that change in the production and sales entities. If appropriate, the Regulation will accordingly be amended by updating the list of companies benefiting from individual duty rates.
- (149) In order to ensure a proper enforcement of the anti-dumping duty, the residual duty level should not only apply to the non-cooperating exporting producers but also to those producers which did not have any exports to the Union during the IP.
9. FINAL PROVISION
- (150) In the interests of sound administration, the Commission will invite the interested parties to submit written comments and/or to request a hearing with the Commission and/or the Hearing Officer in trade proceedings within a fixed deadline.
- (151) The findings concerning the imposition of provisional duties are provisional and may be amended at the definitive stage of the investigation.
HAS ADOPTED THIS REGULATION:
Article 1
A provisional anti-dumping duty is imposed on imports of certain concrete reinforcement bars and rods, made of iron or non-alloy steel, not further worked than forged, hot-rolled, hot-drawn or hot-extruded, but including those twisted after rolling and also those containing indentations, ribs, grooves or other deformations produced during the rolling process. High fatigue performance iron or steel concrete reinforcing bars and rods are excluded. The product is originating in Belarus and is currently falling within CN codes ex 7214 10 00, ex 7214 20 00, ex 7214 30 00, ex 7214 91 10, ex 7214 91 90, ex 7214 99 10, ex 7214 99 71, ex 7214 99 79 and ex 7214 99 95 (TARIC codes: 7214100010, 7214200020, 7214300010, 7214911010, 7214919010, 7214991010, 7214997110, 7214997910, 7214999510).
The rates of the provisional anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty, of the product described in paragraph 1 and produced by the company listed below shall be as follows:
| Company | Provisional anti-dumping duty rate (%) | TARIC additional code |
|---|---|---|
| BMZ- Open Joint-Stock Company ‘Byelorussian Steel Works — Management Company of “Byelorussian Metallurgical Company” Holding’ | 12,5 | C197 |
| All other companies | 12,5 | C999 |
The release for free circulation in the Union of the product referred to in paragraph 1 shall be subject to the provision of a security deposit equivalent to the amount of the provisional duty.
Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2
Within 25 calendar days of the date of entry into force of this Regulation, interested parties may:
- (a) request disclosure of the essential facts and considerations on the basis of which this Regulation was adopted;
- (b) submit their written comments to the Commission; and
- (c) request a hearing with the Commission and/or the Hearing Officer in trade proceedings.
Within 25 calendar days of the date of entry into force of this Regulation, the parties referred to in Article 21(4) of Regulation (EU) 2016/1036 may comment on the application of the provisional measures.
Article 3
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Article 1 shall apply for a period of 6 months.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 December 2016.
For the Commission
The President
Jean-Claude JUNCKER
Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (OJ L 343, 22.12.2009, p. 51).
Notice of Initiation of an anti-dumping proceeding concerning imports of certain concrete reinforcement bars and rods originating in the Republic of Belarus (OJ C 114, 31.3.2016, p. 3).
‘An investigation shall not be initiated pursuant to paragraph 1 unless it has been determined, on the basis of an examination as to the degree of support for, or opposition to, the complaint expressed by Union producers of the like product, that the complaint has been made by, or on behalf of, the Union industry. The complaint shall be considered to have been made by, or on behalf of, the Union industry if it is supported by those Union producers whose collective output constitutes more than 50 % of the total production of the like product produced by that portion of the Union industry expressing either support for or opposition to the complaint. However, no investigation shall be initiated where Union producers expressly supporting the complaint account for less than 25 % of total production of the like product produced by the Union industry’.
Judgment of the Court (Grand Chamber) of 8 September 2015, Case C-511/13 P, Philips Lighting Poland S.A., Philips Lighting BV v Council of the European Union, Hangzhou Duralamp Electronics Co., Ltd, GE Hungary Ipari és Kereskedelmi Zrt. (GE Hungary Zrt.), Osram GmbH, European Commission.
Anti-dumping duties are in force against Belarus (115 %), China (133 %), Indonesia (60,4 %), Latvia (17 %), Mexico (20 % to 67 %), Moldova (232 %), Poland (47 % to 52 %) Turkey (3,64 %) and Ukraine (42 %). For more details please refer to the following investigations:
‘Steel Concrete Reinforcing Bar from Belarus, China, Indonesia, Latvia, Moldova, Poland and Ukraine. Investigations Nos 731-TA-873-875, 878-880, and 882 (Second Review). Publication 4409, July 2013. U.S. International Trade Commission.’ and ‘Steel Concrete Reinforcing Bar from Mexico and Turkey. Investigations Nos 701-TA-502 and 731-TA-1227 (Final). Publication 4496. October 2014. U.S. International Trade Commission.’
Please refer also to Judgement in case C-687/13, point 67, request for a preliminary ruling from the Finanzgericht München — Germany, Fliesen-Zentrum Deutschland GmbH v Hauptzollamt Regensburg Fliesen-Zentrum, Judgment of the Court (Third Chamber) of 10 September 2015.
Based on the information available, it appears that for April 2015, the price of the raw material imported by the Belarusian exporting producer was around 9 % more expensive compared to the US price.
Provvedimento n. 25674 del 21/10/2015;
Provvedimento n. 26085 del 21/06/2016;
Provvedimento n. 2671 del 14/09/2016.
European Commission, Directorate-General for Trade, Directorate H, CHAR 04/039, 1049 Brussels, Belgium.
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