Commission Implementing Regulation (EU) 2020/776 of 12 June 2020 imposing definitive countervailing duties on imports of certain woven and/or stitched glass fibre fabrics originating in the People's Republic of China and Egypt and amending Commission Implementing Regulation (EU) 2020/492 imposing definitive anti-dumping duties on imports of certain woven and/or stitched glass fibre fabrics originating in the People's Republic of China and Egypt

Customs authorities are hereby directed to discontinue the registration of imports established in accordance with Article 1 of Implementing Regulation (EU) 2020/44.

No definitive countervailing duty will be levied retroactively for registered imports.

Data collected in accordance with Article 1 of Implementing Regulation (EU) 2020/44 shall no longer be kept.

OJ L 176, 30.6.2016, p. 55.

Notice of initiation of an anti-subsidy proceeding concerning imports of certain woven and/or stitched glass fibre fabrics originating in the People's Republic of China and Egypt (OJ C 167, 16.5.2019, p. 11).

The term ‘GOC’ is used in this Regulation in a broad sense, including the State Council, as well as all Ministries, Departments, Agencies and Administrations at central, regional or local level.

The term ‘GOE’ is used in this Regulation in a broad sense, including all Ministries, Departments, Agencies and Administrations at central, regional or local level.

Notice of initiation of an anti-dumping proceeding concerning imports of certain woven and/or stitched glass fibre fabrics originating in the People's Republic of China and Egypt (OJ C 68, 21.2.2019, p. 29).

Commission Implementing Regulation (EU) 2020/492 of 1 April 2020 imposing definitive anti-dumping duties on imports of certain woven, and/or stitched glass fibre fabrics originating in the People’s Republic of China and Egypt (OJ L 108, 6.4.2020, p.1).

Commission Implementing Regulation (EU) 2017/969 of 8 June 2017 imposing definitive countervailing duties on imports of certain hot-rolled flat products of iron, non-alloy or other alloy steel originating in the People's Republic of China and amending Commission Implementing Regulation (EU) 2017/649 imposing a definitive anti-dumping duty on imports of certain hot-rolled flat products of iron, non-alloy or other alloy steel originating in the People's Republic of China (OJ L 146, 9.6.2017, p. 17) (‘HRF case’), Commission Implementing Regulation (EU) 2018/1690 of 9 November 2018 imposing definitive countervailing duties on imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries and with a load index exceeding 121 originating in the People's Republic of China and amending Commission Implementing Regulation (EU) 2018/1579 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 283, 12.11.2018, p. 1) (‘Tyres case’) and Commission Implementing Regulation (EU) 2019/72 of 17 January 2019 imposing a definitive countervailing duty on imports of electric bicycles originating in the People's Republic of China (OJ L 16, 18.1.2019, p. 5) (‘E-bikes case’).

Idem.

Annexes to Section 6 of the consolidated version of the complaint.

Annexes to recitals 349 to 352 of the consolidated version of the complaint.

Annexes to Section 4 of the consolidated version of the complaint.

‘Definitive disclosure’ is the same as ‘final disclosure’ for the purpose of this document.

OJ L 176, 30.6.2016, p. 21.

OJ L 108, 6.4.2020, p. 67.

Commission Implementing Regulation (EU) 2020/44 of 20 January 2020 making imports of certain woven and/or stitched glass fibre fabrics originating in the People’s Republic of China and Egypt subject to registration (OJ L 16, 21.1.2020, p. 1).

Notice clarifying the notices of initiation of anti-dumping and anti-subsidy proceedings concerning imports of certain woven and/or stitched glass fibre fabrics originating in the People’s Republic of China and Egypt (OJ C 314, 18.9.2019, p. 6).

Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558).

WT/DS312/R of 28 October 2005

http://cnbm.wsfg.hk/index.php?SectionID=FinancialReports&PageID=2019&Language=eng (last viewed on 20 November 2019)

https://www1.hkexnews.hk/listedco/listconews/sehk/2017/0908/ltn20170908865.pdf (last viewed on 20 November 2019)

https://img3.gelonghui.com/pdf/3a1a2-2862061c-769f-43a8-823e-ebbf7ac6de94.pdf (page 4, last viewed on 20 November 2019)

Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (OJ L 176, 30.6.2016, p. 21)

Pursuant to Declaration on Dispute Settlement Pursuant to the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 or Part V of the Agreement on SCM. See also DS 427 WT/DS427/RW China anti-dumping CVD measure on broilers — paragraph 7.1 cites that declaration. The Commission considers that it should ensure consistent results in parallel anti-dumping and anti-subsidy investigations to the extent possible (see also Appellate Body Report, Mexico – Definitive Anti-Dumping Measures on Beef and Rice (WT/DS295/AB/R), para. 295.

WT/DS312/R of 28 October 2005

WT/DS312/R of 28 October 2005, para. 7.162.

WT/DS397AB/R of 15 July 2011, para. 376. The same language is now reproduced in Article 9(5), second paragraph, of the Basic Anti-Dumping Regulation.

Appellate Body Report, United States - Anti-Dumping and Countervailing Measures on Large Residential Washers from Korea (WT/DS464/AB/R), 7 September 2016, para. 5.298.

Available at http://trade.ec.europa.eu/tdi/case_details.cfm?id=2398

This list includes exporting producers as well as other related entities with in the same group, regardless of whether they are making the product concerned.

See Note to the file on the consequences of the coronavirus outbreak on anti-dumping and anti-subsidy investigations, reference t20.001353

As clarified in the Notice of Clarification.

Notice of Initiation as clarified by Clarification Notice.

See 12th Five-Year Plan, page 9.

See 13th Five-Year Plan, pages 23 and 24.

See 13^th Five-Year Plan for Economic and Social Development of the People’s Republic of China, part II, Chapter 6, Section 1.

Ibid, part II, Chapter 6, Section 4.

http://www.gov.cn/zhengce/content/2015-05/19/content_9784.htm

See US-China Economic and Security Review Commission: The 13th Five-Year Plan, page 12.

https://www.cae.cn/cae/html/files/2015-10/29/20151029105822561730637.pdf

See Made in China 2025 Roadmap. p.142, 152.

See Made in China 2025, Chapter 4: Strategic Support and Supply.

http://www.miit.gov.cn/n1146295/n1652858/n1652930/n3757016/c5657745/content.html

See the Building Materials Industry Development Plan (2016-2020)

See the Building Materials Industry Development Plan (2016-2020)

Taishan Fiberglass Inc. website.

See the Intelligent Manufacturing Development Plan (2016-2020)

Preferential policies of the National High-Tech Industrial Development Zones, pages 12 to 14.

Preferential policies of the National High-Tech Industrial Development Zones, page 1.

Catalogue for Guiding Industry Restructuring (2011 Version) (2013 Amendment) (Issued by Order No. 9 of the National Development and Reform Commission on March 27, 2011, and amended in accordance with the Decision of the National Development and Reform Commission on Amending the Relevant Clauses of the Catalogue for Guiding Industry Restructuring (2011 Version) issued by Order No. 21 of the National Development and Reform Commission on February 16, 2013).

http://www.gov.cn/xinwen/2019-11/06/5449193/files/26c9d25f713f4ed5b8dc51ae40ef37af.pdf

Building Materials Industry Development Plan 2016-2020, Ministry of Industry and Information Technology, GXBG [2016] No. 315.

Report, Chapter 12.3.1.4, p. 283-286.

13^th FYP for Fibre and Composite Materials Industry published by the China Glass fiber industry association and the China composite materials association on 2 June 2015.

Ibid. section III.3.

See Commission Staff Working Document on Significant Distortions in the Economy of the People’s Republic of China for the purposes of Trade Defence Investigations, 20 December 2017, SWD(2017) 483 final/2, p. 33-34.

Jiujiang City 13th Five-Year Plan for the economic and social development.

Law of the People's Republic of China on State-Owned Assets of Enterprises, Decree No. 5 of the President of the People's Republic of China, 28 October 2008, article 11 & 12

Law of the People's Republic of China on Regulation of and Supervision over the Banking Industry, Order No. 58 of the President of the People's Republic of China, 31 October 2006

See Section 3.4.1.2 for the cooperating State-owned banks and Section 3.4.1.4 for the names and the data concerning the non-cooperating State-owned banks.

Chinese Export-Import Bank 2017 Annual Report, p. 5.

Chinese Export-Import Bank, page 33

WT/DS379/AB/R (US – Anti-dumping and Countervailing Duties on Certain Products from China), Appellate Body Report of 11 March 2011, DS 379, paragraph 318. See also WT/DS436/AB/R (US — Carbon Steel (India)), Appellate Body Report of 8 December 2014, paragraphs 4.9 - 4.10, 4.17 – 4.20 and WT/DS437/AB/R (United States – Countervailing Duty Measures on Certain Products from China) Appellate Body Report of 18 December 2014, paragraph 4.92.

According to the Implementing Measures of the CBIRC for Administrative Licensing Matters for Chinese-funded Commercial Banks (Order of the CBIRC [2017] No.1), the Implementing Measures of the CBIRC for Administrative Licensing Matters relating to Foreign-funded Banks (Order of the CBIRC [2015] No.4) and the Administrative Measures for the Qualifications of Directors and Senior Officers of Financial Institutions in the Banking Sector (CBIRC [2013] No.3).

See for example the HRF, Tyres and E-bikes cases cited in footnote 7, respectively in Section 3.4.1.1.b, Section 3.4.1.1.b and Section 3.5.1.1.

See HRF and Tyres cases cited in footnote 7, recital (132) and recital (211) respectively.

See the HRF and tyres cases cited in footnote 7, recital 132.

See HRF and Tyres cases cited in footnote 7.

WT/DS/296 (DS296 United States – Countervailing duty investigation on Dynamic Random Access Memory (DRAMS) from Korea), Appellate Body Report of 21 February 2005, para.116.

Appellate Body Report, DS 296, para. 116.

Appellate Body Report, DS 296, para. 115.

Appellate Body Report, DS 296, para. 114 agreeing with the Panel Report, DS 194, para. 8.31. on that account.

Appellate Body Report, DS 296, para. 115.

IMF Working Paper ‘Resolving China’s Corporate Debt Problem’, by Wojciech Maliszewski, Serkan Arslanalp, John Caparusso, José Garrido, Si Guo, Joong Shik Kang, W. Raphael Lam, T. Daniel Law, Wei Liao, Nadia Rendak, Philippe Wingender, Jiangyan, October 2016, WP/16/203.

Livingston, M. Poon, W.P.H. and Zhou, L. (2017). Are Chinese Credit Ratings Relevant? A Study of the Chinese Bond Market and Credit Rating Industry, in Journal of Banking & Finance, p.24.

Price, A.H., Brightbill T.C., DeFrancesco R.E., Claeys, S.J., Teslik, A. and Neelakantan, U. (2017). China’s broken promises: why it is not a market-economy, Wiley Rein LLP, p. 68.

For a concrete example, see Reuters. (2016). Fitch Rates Shougang's USD Senior Notes Final ‘A-’ https://www.reuters.com/article/idUSFit982112, (accessed on 21 October 2017).

Lin, L.W. and Milhaupt, C.J. (2016). Bonded to the State: A Network Perspective on China’s Corporate Debt Market. Columbia Law and Economics Working Paper No.543, p. 20; Livingstone, M. Poon, W.P.H. and Zhou, L. (2017). Are Chinese Credit Ratings Relevant? A Study of the Chinese Bond Market and Credit Rating Industry, in Journal of Banking & Finance. p. 9.

See Tentative Measures for the Administration of the Credit Rating Business Regarding the Securities Market Promulgated by Chinese Securities Regulatory Commission, Order of the China Securities Regulatory Commission [2007] No. 50, 24 August 2007; Notice of the People's Bank of China on Qualifications of China Cheng Xin Securities Rating Co., Ltd. and other Institutions Engaged in Corporate Bond Credit Rating Business, Yinfa [1997] No. 547, 16 December 1997, and Announcement No. 14 [2018] of the People's Bank of China and the China Securities Regulatory Commission on Issues Concerning the Provision of Bond Rating Services by Credit Rating Agencies on the Interbank Bond Market and the Stock Exchange Bond Market.

See ‘Announcement of PBOC on Issues concerning the Credit Rating Business Carried out by Credit Rating Agencies on the Interbank Bond Market’, effective on July 1, 2017.

PBOC Working Paper No.2017/5, May 25,2017, p. 28.

See the HRF case cited in footnote 7 above (recitals 152 to 242) as well as the Tyres case quoted in the same footnote (recitals 243 to 294).

https://www.ing.com.tr/en/for-your-business/loans/other-cash-loans/revolving-loan

https://companies.bnpparibasfortis.be/en/solution?n=revolving-credit

Article X, point II of the CBRC's Guidelines on risk-based loan classification.

Also the example of BNP Paribas provided by the GOC makes this point.

See HRF case cited in footnote 7 above (recitals 152 to 244) and Tyres case also cited in footnote 7 (recital 236).

In case of fixed interest loans. For variable interest rate loans, the PBOC benchmark rate during the IP was taken.

Commission Implementing Regulation (EU) 2017/969 of 8 June 2017 imposing definitive countervailing duties on imports of certain hot-rolled flat products of iron, non-alloy or other alloy steel originating in the People's Republic of China and amending Commission Implementing Regulation (EU) 2017/649 imposing a definitive anti-dumping duty on imports of certain hot-rolled flat products of iron, non-alloy or other alloy steel originating in the People's Republic of China, (OJ L 146, 9.6.2017, p. 17), (‘HRF case’), Commission Implementing Regulation (EU) 2018/1690 of 9 November 2018 imposing definitive countervailing duties on imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries and with a load index exceeding 121 originating in the People's Republic of China and amending Commission Implementing Regulation (EU) 2018/1579 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 283, 12.11.2018, p. 1) (‘Tyres case’).

Tyres case cited in the previous, footnote, recital (256).

Daily Report of China Onshore RMB Bond Market, 2018-07-20, Bond Information Department, China Central Depository & Clearing Co. Ltd, p. 4.

The current ratio is a liquidity ratio that measures a company's ability to pay short-term obligations due within one year. The current ratio is expressed as the comparison of a company’s current assets to its current liabilities.

In case of fixed interest loans. For variable interest rate loans, the PBOC benchmark rate during the IP was taken.

WT/DS316/R - European Communities and Certain Member States - Measures Affecting Trade in Large Civil Aircraft - Report of the Panel, 30 June 2010, paras 7.739 and 7.801.

Fees charged by HSBC UK: https://www.business.hsbc.co.uk/…/pdfs/en/bus_bnkg_price_list.pdf

https://www.pnc.com/en/small-business/borrowing/business-lines-of-credit/secured-businessline-of-credit.html

See website of the People’s Bank of China:

See footnote 71.

See website of DBS Bank: https://www.dbs.com.cn/corporate/financing/working-capital/bank-acceptance-draft-bad-issuance

See footnote 73.

See footnote 75.

http://www.cbirc.gov.cn/cn/view/pages/ItemDetail.html?docId=895429&itemId=928

See E-bikes case cited in footnote 7, recital 316

See HRF and Tyres cases cited in footnote 7 above, recitls (96-140) and (178)-(218) respectively.

See: www.cfitc.com/; www.qixin.com/; http://hdcw.chd.com.cn/; www.chd.com.cn; www.gsxt.gov.cn/index.html

www.qixin.com/; www.yngyzb.com/ynzb/index.do?url=display&id=935

www.xin.baidu.com/; www.qichacha.com/

Goldman Sachs Asset Management, Global Liquidity Management. (2015). FAQ: China’s Bond Market, first half 2015. See also http://www.kwm.com/en/knowledge/insights/chinas-onshore-bond-market-open-for-business-20151216#ref-id-here (accessed on 16 November 2016).

OECD Study on Chinese export credit policies and programmes, page 7, para 32.

See Sinosure website, Company profile, Supporting ‘Made in China’.

See Tyres case cited in footnote 7, recital 429.

Export Catalogue of High and New Technology Products, No 531 to 545.

Sinosure Annual Report 2017, p. 6.

Sinosure Annual Report 2017, p. 20.

See Tyres case cited in footnote 7, recital 427.

Commission Implementing Regulation (EU) 2017/366, OJ L 56, 3.3.2017, p. 1, (Solar panels), recitals 421 and 425.

See Section 3.1 above.

See, amongst others, Council Implementing Regulation (EU) No 452/2011, OJ L 128, 14.5.2011, p. 18 (Coated fine paper), Council Implementing Regulation (EU) No 215/2013, 15.3.2013, OJ L 73, p. 16 (Organic coated steel), Commission Implementing Regulation (EU) 2017/366, OJ L 56, 3.3.2017, p. 1, (Solar panels), Commission Implementing Regulation (EU) 1379/2014, OJ L 367, 23.12.2014, p. 22. ((Filament glass fibre), Commission Implementing Decision 2014/918, OJ L 360, 17.12.2014, p. 65 (Polyester Staple Fibers).

Upheld by the General Court in Case T-444/11 Gold East Paper and Gold Huacheng Paper versus Council, Judgment of the General Court of 11 September 2014 ECLI:EU:T:2014:773.

See recital (499).

http://lvr.land.moi.gov.tw/login.action

https://en.wikipedia.org/wiki/Economy_of_Maharashtra

https://en.wikipedia.org/wiki/Zhejiang

https://en.wikipedia.org/wiki/Zhejiang

Recital 182 of Council Implementing Regulation (EU) No 215/2013 of 11 March 2013 imposing a countervailing duty on imports of certain organic coated steel products originating in the People's Republic of China (OJ L 73, 15.3.2013, p. 16).

Several Opinions of the Central Committee of the Communist Party of China and the State Council on Further Deepening the Reform of the Power System (Zhong Fa [2015] No. 9).

For example, Notice on Announcement of the List of Pilot Users of Direct Power Transaction in 2015 of the Shandong Economic and Information Technology Commission, L.J.X.D.L [2015] No.9 and Notice on Announcement of the List of Pilot Users of Direct Power Transaction in 2017 of the Shandong Economic and Information Technology Commission, L.J.X.D.L. [2017] No 117

Order No. 23 of the President of the People's Republic of China

Regulation on the Implementation of the Enterprise Income Tax Law of the People's Republic of China (Issued by Order No. 512 of the State Council on December 6, 2007; amended in accordance with the Decision of the State Council to Amend Some Administrative Regulations by Order No. 714 of the State Council on April 23, 2019)

Administrative Measures for the Determination of High and New Technology Enterprise.

Case T-586/14, Judgment of the General Court (Fourth Chamber) of 16 March 2016, Xinyi PV Products (Anhui) Holdings Ltd v European Commission, paras 70-71.

C-301/16 P European Commission v Xinyi PV Products (Anhui) Holdings Ltd, Judgment of the Court (Second Chamber) of 28 February 2018.

See HRF and Tyres cases cited in footnote 7 above, recitals 330 and 521 respectively

See Commission Implementing Regulation (EU) 2019/72 of 17 January 2019 imposing a definitive countervailing duty on imports of electric bicycles originating in the People’s Republic of China (OJ L 16, 18.1.2019, p. 5).

Such as land reclaimed from the sea, land for the use of government institutions, people's organizations and military units for their own use, land for use by institutions financed by government allocations from the Ministry of Finance, land used by religious temples, public parks and public historical and scenic sites, streets, roads, public squares, lawns and other urban public land.

OJ C 394, p. 6, 17.12.1998.

Such as e.g. Council Implementing Regulation (EU) 452/2011, OJ L 128, 14.5.2011, p. 18

See also, mutatis mutandi, WT/DS294/AB/RW, US — Zeroing (Article 21.5 DSU), Appellate Body Report of 14 May 2009, paragraph 453.

Memorandum of Understanding Between the Arab Republic of Egypt and the People's Republic of China, April 18^th, 1997

Report of the State Council Development and Research Center, “The sustainable development experience in the China-Egypt Suez Economic and Trade Cooperation Zone”, 6 August 2019 (‘State Council Report’)

Cfr. Presidential Decree No. (35) of the Arab republic of Egypt, Dated 15/2/2003

TEDA 10 Years Summary Report (2008-2018), p. 4.

State Council Report, see also footnote 104.

TEDA 10 Years Summary Report (2008-2018), p. 11.

State Council Report, cfr footnote 104.

TEDA 10 years Summary Report (2008-2018), p. 53.

State Council Report, cfr footnote 104.

Decree of the President of the Arab Republic of Egypt No.330 of the year 2015 On the establishment of the Suez Canal Economic Zone, August 19th, 2015.

Report of the State Council Development and Research Center, ‘The sustainable development experience in the China-Egypt Suez Economic and Trade Cooperation Zone’, 6 August 2019.

By the National Development and Reform Commission (‘NDRC’) and by the Ministry of Commerce (‘MOFCOM’).

GOC, Comments of 7 August 2019, § 72.

HRF case cited in footnote 7, recital 396.

GOC, Comments of 7 August 2019, §§ 74-84.

TEDA 10 Years Summary Report, p. 41.

Comments of President Morsi during his visit to China from August 2012, TEDA 10 Years Summary Report, p. 47 & 53; Comments of President Sisi during his visit to China in December 2016, TEDA 10 Years Summary Report (2008-2018), p. 94.

TEDA 10 Years Summary Report (2008-2018), p. 59

Council Implementing Regulation (EU) No 248/2011 of 9 March 2011 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain continuous filament glass fibre products originating in the People’s Republic of China (OJ L 67, 15.3.2011, p. 1).

Commission Implementing Regulation (EU) No 1379/2014 of 16 December 2014 imposing a definitive countervailing duty on imports of certain filament glass fibre products originating in the People’s Republic of China and amending Council Implementing Regulation (EU) No 248/2011 imposing a definitive anti-dumping duty on imports of certain continuous filament glass fibre products originating in the People’s Republic of China (OJ L 367, 23.12.2014, p. 22).

Annual Report on Development in Africa, No.19 (2016-2017, Yellow Books of Africa, p. 13.

D. Brautigam & Xiaoyang Tang; Going Global in Groups: Structural transformation and China’s Special Economic Zones overseas, World Development Vol. 63, 2014, pp. 78–91.

WT/DS2/AB/R – US – Reformulated Gasoline, Appellate Body Report adopted on 20 May 1996, p. 17.

See in detail J. Pauwelyn, The Role of Public International Law in the WTO – How far can we go?, American Journal of International Law (2001), pp. 535 and following; Graham Cook, Digest of WTO Jurisprudence on Public International Law Concepts and Principles (CUP 2015).

WT/DS379 – United States – Definitive Anti-Dumping and Countervailing Duties on Certain Products from China, Appellate Body Report adopted on 11 March 2011, §§308; M.E. Villiger, “Commentary on the 1969 Vienna Convention on the Law of Treaties” (Martinus Nijhoff, 2009), p. 433.

International Law Commission, Draft Articles on Responsibility of States for Internationally Wrongful Acts, November 2001, Supplement No. 10 (A/56/10), chp.IV.E.1.

WT/DS379/AB/R, paras. 304 – 322.

International Law Commission, Draft Articles on Responsibility of States for Internationally Wrongful Acts, with commentaries, November 2001, Supplement No. 10 (A/56/10), p. 52, recital 3 to Article 11.

TEDA 10 Years Summary Report (2008-2018), p. 94.

Commission Implementing Regulation (EU) 2018/1690 of 9 November 2018 imposing definitive countervailing duties on imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries and with a load index exceeding 121 originating in the People's Republic of China and amending Commission Implementing Regulation (EU) 2018/1579 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 283, 12.11.2018, p. 1), Recitals 409-412.

Commission Implementing Regulation (EU) 2018/1690, Recital 377.

See Article 3(1)(a)(iv) of the basic Regulation and Article 1.1(a)(1)(iv) of the SCM Agreement.

Appellate Body Report, US – DRAMs, (WT/DS296/AB/R), para. 112.

Incidentally, the facts at issue may also be considered from the angle of Article 16 of the ILC Articles. The close cooperation between the GOE and the GOC not only resulted in acknowledgment and adoption of Chinese acts by the GOE, but also served to potentially circumvent actual and potential duties imposed by the EU on Chinese exports of the product concerned made from Egypt.

Case T-300/16 Judgment of the General Court (First Chamber, Extended Composition) of 10 April 2019.

WT/DS379/AB/R, Appellate Body Report, US – AD and CVD (China), para 309.

Mondev International Ltd. v. United States of America (ICSID Additional Facility Case No. ARB(AF)/99/2), Award of 11 October 2002, para. 115 and note 47.

ICJ, Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro, judgment of 27 February 2007, para. 414. In that case, the International Court of Justice started from the premise that it was legally possible for the Federal State of Serbia and Montenegro to acknowledge and adopt acts of genocide committed by the organized military forces of the “Republik Srpska”, the de facto Serbian State on the territory of Bosnia Herzegovina during the civil war in that country from 1991 to 1995. It found, though, that such acknowledgment and adoption had not occurred in practice.

Statistics of the Central Bank of Egypt: Average interest rates on EGP Loans for the year 2018, based on the weighted average interest rates for a sample of banks whose deposits represent around 80% of total deposits of the banking system and calculated on a monthly basis, see https://www.cbe.org.eg/en/EconomicResearch/Statistics/Pages/MonthlyInterestRatesHistorical.aspx

For further details see Arrangement on Officially Supported Export Credits, January 2019, TAD/PG(2019)1 and Country Risk Classifications of the Participants to the Arrangement on Officially Supported Export Credits.

For the sake of clarity, the Commission confirmed that the loans received by Jushi (China) the benefits of which were ultimately allocated to Jushi (Egypt) were not accounted for in the amount of subsidisation established for Jushi (China).

See the Tyres case cited in footnote 7 above, Section 3.7.

Information panel at the entrance of the Jushi Egypt plant.

China Jushi Online News Center, as well as article “Jushi plans to establish a factory in India”, JEC Composites News, 4 Aug 2016, http://www.jeccomposites.com/knowledge/international-composites-news/jushi-plans-establish-factory-india (last accessed on 3 February 2020).

https://www.cae.cn/cae/html/files/2015-10/29/20151029105822561730637.pdf

‘Xiao Yaqing: to build a “going out” national new business card after the reorganization of the enterprise’, Source: Sina Finance Author: Sina Finance Published: 2016-08-29.

See among others the Commission Staff Working Document on significant distortions in the economy of the People’s Republic of China for the purposes of trade defence investigation, SWD(2017) 483 final/2 of 20.12.2017, available at: https://trade.ec.europa.eu/doclib/docs/2017/december/tradoc_156474.pdf.

The evidence substantiating the conclusion on the public body nature of SASAC can be found inter alia in Section 5 of the Commission Staff Working Document SWD (2017) 483, see previous footnote.

The evidence substantiating the conclusion on the public body nature of the SRF can be found inter alia in the Tyres case, as quoted in footnote 7 above, in particular Section 3.7 recitals (341) through (360) of that Regulation.

See also recital (358) of the tyres regulation.

See Tyres case cites in footnote 7.

Recital (418) of the Tyres Regulation.

Report of the State Council Development and Research Center, ‘The sustainable development experience in the China-Egypt Suez Economic and Trade Cooperation Zone’, 6 August 2019 (‘State Council Report’).

Article 38(bis A) of the Law 83/2002, as amended in 2015; Article 20(bis) and Article 28 of Law 8/1997.

TEDA 10 Years Summary Report (2008-2018), p. 4.

http://www.wadidegla.com/Wadi-Degla-Holding/en/spage/page/223 (last accessed 2.4.2020)

Public Go-Global Service of the Department of Commerce of Guangdong Province, http://go.gdcom.gov.cn/article.php?typeid=31&contentId=13961 (last accessed on 2 January 2020), as well as “China-Egypt TEDA Suez Economic and Trade Cooperation Zone”, Presentation on http://www.bern-cci.ch/export/fr1/marche.html (last accessed on 2 January 2020).

World Bank Report of Doing Business 2020, Egypt, Arab Rep., see also https://data.worldbank.org/indicator/FR.INR.LEND?locations=EG

For further details, see : https://www.idg-egypt.com/ for IDG and https://sidc.com.eg/ for SIDC (last accessed on 1.4.2020).

Art 22, law 67 of 2016.

Indeed the majority of the VAT/other indirect tax receivables reported in the 2016-2018 Annual Reports refer to foreign purchases under the 10 % GST regime, which was in force until July 2016.

The World Bank report ‘Doing Business in Egypt 2020’ ranks Egypt in 156th place out of 190 in tax matters.

Combined Nomenclature codes.

CN codes 7019 39 00, 7019 40 00, 7019 59 00 and 7019 90 00.

Certain hot-rolled flat products of iron, non-alloy or other alloy steel (Brazil, Iran, Russia, Ukraine), 2017 O.J. (L258) 24, at recitals 234-240, WTO Panel Report, EC – Tube or Pipe Fittings, paras. 7.245-7.267.

WTO Panel Report, Mexico — Steel Pipes and Tubes, para. 7.56.

GFF is mostly produced on demand by customer specifications; therefore, the vast majority of sales were sales made directly to independent end-customers. Sales to wholesalers represented [1 to 5 %] of the total sales of the countries concerned (whereas the rest were made to end-users). [95 to 99]% of the sales made by the Chinese exporting producers and the Egyptian exporting producers were made directly into the Union (the rest being made via related importers). The sampled Union’s producers also sell predominantly directly to the same type of end-customers representing [90 to 95 %] of their sales and only [5 to 10 %] of their sales to wholesalers.

Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (OJ L 176, 30.6.2016, p. 21) (‘the basic anti-dumping Regulation’).

OJ L 108, 6.4.2020, p. 1. Recitals (387) to (400)

OJ L 16, 21.1.2020, p. 1

Acquisition of selected assets of Senvion by Siemens Gamesa in October 2019.

This methodology was introduced by Regulation (EU) 2017/2321 of the European Parliament and of the Council of 12 December 2017 amending Regulation (EU) 2016/1036 on protection against dumped imports from countries not members of the European Union and Regulation (EU) 2016/1037 on protection against subsidised imports from countries not members of the European Union (OJ L 338, 19.12.2017, p. 1).

Established in the anti-dumping investigation.

WT/DS379/AB/R (US – Anti-Dumping and Countervailing Duties on Certain Products from China), Appellate Body Report of 11 March 2011,.

See WT/DS379/AB/R, paragraphs 583 and 599.

In particular, GOC referred to paras. 143-158, 541 and 543 of the final report.

Ibid footnote 182.

These changes were introduced by Regulation (EU) 2018/825 of the European Parliament and of the Council of 30 May 2018, OJ L 143, 7.6.2018, p. 1.

See for instance the Council Implementing Regulation imposing a definitive anti-subsidy duty on imports of coated fine paper originating in the People's Republic of China, OJ L 128, 14.5.2011, p. 18, recitals (269)-(274).

DS 379, paras. 541-542.

DS 379, para. 543.

DS 379, para. 543.

DS 379, para. 599.

DS 379, para. 602.

Commission Implementing Regulation (EU) 2020/508 of 7 April 2020 imposing a provisional anti-dumping duty on imports of certain hot rolled stainless steel sheets and coils originating in Indonesia, the People’s Republic of China and Taiwan (OJ L 110, 8.4.2020, p. 3).

Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1)

OJ L 176, 30.6.2016, p. 21, as last amended by Regulation (EU) 2018/825 of the European Parliament and of the Council of 30 May 2018 amending Regulation (EU) 2016/1036 on protection against dumped imports from countries not members of the European Union and Regulation (EU) 2016/1037 on protection against subsidised imports from countries not members of the European Union (OJ L 143, 7.6.2018, p. 1).