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

(1134) With regard to the issue of possible double counting and the reference to the relevant parts and context of the WTO ruling in DS 379 raised by the complainant, the Yuntianhua Group and the GOC, the Commission recalled that Article 19(3) of the WTO Agreement on Subsidies and Countervailing Measures is mirrored in the provision of Article 15(2) of the basic anti-subsidy Regulation. Therefore, it concluded that the WTO jurisprudence on that provision, and in particular its ruling in DS 379, constitutes relevant interpretation for the application of Article 15(2) of the basic Regulation in this proceeding. The Commission further recalled that the current investigations constitute the first parallel anti-dumping and countervailing investigations since the legislative changes introducing a new calculation methodology in anti-dumping cases under Article 2(6a) of the basic anti-dumping Regulation (213), and new provisions on the application of the lesser duty rule in anti-dumping and anti-subsidy proceedings as part of the modernisation of trade defence investigations (214). The Commission also noted that in any event, even in past combined anti-subsidy and anti-dumping proceedings before these legislative changes this issue did not arise in practice (215).

(1135) As concerns the DS 379 ruling, the Commission took note of all the references submitted by the parties. It first noted that the WTO Appellate Body clarified that double counting (or ‘double remedy’) refers to situations where the simultaneous application of countervailing and anti-dumping duties on the same imported products results in offsetting, at least to some extent, the same subsidisation twice, and this is likely to occur when the dumping margin is calculated by reference to a methodology relying inter alia to costs or prices from a third country (216). In these cases, the anti-dumping duty may remedy or offset a domestic subsidy, to the extent that such subsidy has contributed to a lowering of the export price (217). Double remedies may also occur when countervailing and anti-dumping duties are imposed on the same product in the context of domestic subsidies granted within market economies when an unsubsidised, constructed, or third country normal value is used in the anti-dumping investigations (218). In situations of double counting, a countervailing duty would not be imposed “in the appropriate amounts” under Article 19(3) of the WTO SCM Agreement. The Commission also noted that the WTO Appellate Body specifically rejected the proposition that double counting necessarily arises in every instance of concurrent duties where the normal value is established on the basis of third country costs and prices. Instead, it ruled that this depends on whether and to what extent domestic subsidies have lowered the export price of a product, and on whether the investigating authority has taken the necessary corrective steps to adjust its methodology to take account of the factual situation (219). The Appellate Body concluded that the obligation to assess if a countervailing duty reflects “an appropriate amount” encompasses a requirement for the investigating authority to conduct a sufficiently diligent investigation into, and solicitation of, relevant facts, and to base its determination on positive evidence in the record (220).

(1136) By applying these principles to the interpretation of Article 15(2) of the basic Regulation in the present investigation, the Commission noted that its approach to deduct in full the subsidy amount from the dumping margin as it applied the methodology based on Article 2(6a) of the basic anti-dumping Regulation when constructing normal value was fully in line with these principles. The Commission acknowledged the complainant’s argument that it would be in principle possible to cumulate countervailing and anti-dumping duties even in this situation. However, it noted that there was no positive evidence in the file showing whether and to what extent the domestic subsidies in the PRC had an effect on the export price. There was also no evidence in the file that the undistorted values in the representative country used to construct normal value in the anti-dumping proceeding had benefited from domestic subsidisation, which could be an equally relevant element in this analysis. On this basis, the Commission rejected the claims of the complainant and accepted the claims by the Yuntianhua Group and the GOC on this aspect.

(1137) With regard to the arguments by the complainant, the Yuntianhua Group and the GOC concerning the situation where the applicable anti-dumping duty is based on the injury elimination level because it is lower than the dumping margin pursuant to Article 9(4), second subparagraph of the basic anti-dumping Regulation, the Commission noted the following. First, it clarified that the situations of possible double counting covered in Articles 15(2) and 24(1) of the basic Regulation must be kept distinct from the application of the lesser duty rule, which has a different object and purpose. It then pointed out that the ruling in DS 379 is only relevant in the interpretation of Articles 15(2) and has no bearing with regard to the application of the lesser duty rule in accordance with Article 9(4) of the basic anti-dumping Regulation and Article 15(1) of the basic Regulation.

(1138) As for this proceeding, the Commission first analysed whether there was an issue of double counting under Articles 15(2) and 24(1) of the basic Regulation, following the approach described above in this Section by fully deducting the subsidy amount from the dumping margin. The Commission then analysed whether the lesser duty rule was applicable in each proceeding further to the legislative changes mentioned at recital (1134). In the current anti-subsidy proceeding, since the lesser duty rule was not applicable pursuant to Article 15(1) of the basic Regulation, there was no need to analyse and even establish the injury elimination level. Therefore, the Commission applied in full the amount of subsidisation found. By contrast, in the parallel anti-dumping proceeding, the lesser duty rule applied pursuant to Article 9(4) of the basic anti-dumping Regulation. Therefore, the Commission calculated the injury elimination level, and after deducting the full amount of subsidisation from the dumping margin, it capped the applicable anti-dumping duty by the injury elimination level, which was the situation for the Yuntianhua Group.

(1139) With regard to the arguments by the Yuntianhua Group and the GOC that there is only one and the same injury elimination level for both proceedings as they cover the same imports, and therefore imposing a combined duty going beyond this injury elimination level would imply double counting, the Commission noted that this argument mixes the two steps of preventing double counting of the respective subsidy amounts and dumping margins found, with the second step of analysing whether and how the lesser duty rule is relevant in this proceeding. As explained in the previous recital, further to the legislative changes in 2018 in this anti-subsidy investigation the Commission concluded that Article 15(1), fourth subparagraph of the basic Regulation was not applicable, whereas the lesser duty rule applied in the separate anti-dumping investigation concerning the same product. The rationale for the rule under Article 15(1), fourth subparagraph of the basic Regulation in anti-subsidy proceedings is detailed in particular at recital (10) of Regulation 2018/825, which sets out that “countervailable subsidies granted by third countries are particularly distortive of trade” and therefore “it is, in general, no longer possible to apply the lesser duty rule.” Therefore, the proposition by these parties that the combined countervailing and dumping duty should be capped by the injury elimination level as established for the purpose of the anti-dumping proceeding would be contrary to Article 15(1) of the basic regulation in conjunction with recital (10) of Regulation 2018/825. As for the argument raised by the GOC of ‘indirect’ double counting due to the fact that the export price used as the basis for the injury margin calculation is lower to the extent of the subsidy amount for the domestic subsidies found, the Commission noted once again an attempt to mix the issue of double counting of the respective subsidy amounts and dumping margins found with the separate step of the calculation of the injury elimination level for the purpose of the lesser duty rule. The lesser duty rule is relevant only in the separate anti-dumping investigation, and the export price used for the calculation of the injury elimination level is the actual price at CIF level with the necessary adjustments as explained at recitals (270)-(272) of Regulation (EU) 2020/492 in line with the practice in all anti-dumping (and anti-subsidy) proceedings where the lesser duty rule applies, without any adjustments made for the domestic subsidies found. Therefore, the Commission rejected the arguments made by the Yuntianhua Group and the GOC on this point.

(1140) In light of all these considerations, the Commission confirmed the applicable duties to the various exporting producers as detailed in the table at recital (1122) and in Articles 1 and 2 of this Regulation.

(1141) Following the additional definitive disclosure, the cooperating related Egyptian exporting producers noted that the benefit amounts transferred by Jushi Egypt to Hengshi Egypt had already been addressed by the Commission in the parallel anti-dumping proceeding. They submitted that in that proceeding when constructing normal value the Commission disregarded Hengshi Egypt’s recorded purchase price of rovings from Jushi Egypt and replaced it with Jushi Egypt’s sales price of rovings to unrelated domestic customers pursuant to Article 2(5) of the basic anti-dumping Regulation. According to these parties, this constitutes a breach of Article 24(1) of the basic anti-subsidy Regulation preventing double counting when export subsidies are at stake in parallel proceedings, because the Commission has already dealt with the amount of subsidy passed from Jushi Egypt to Hengshi Egypt through the sales of rovings in the anti-dumping proceeding.

(1142) The Commission noted at the outset that it did not countervail any export contingent subsidy in Egypt as explained at recital (1119), and thus Article 24(1) is not applicable in this situation. Therefore, this claim could be dismissed already on this basis. In any event, the Commission noted that the adjustment made in the anti-dumping case concerned the fact that the sales price of rovings between these related entities did not reflect an arm’s length price. Hence, the price between the related entities was adjusted in line with the prevailing domestic market price from unrelated transactions in the Egyptian market because it did not reflect the market conditions, as explained in detail at recitals (310) to (332) of the definitive anti-dumping Regulation. The anti-subsidy investigation in Egypt does not deal at all with the subsidised provision of inputs, namely rovings, for less than adequate remuneration, let alone with an export subsidy for these rovings. Therefore, the legal basis for the adjustment, that is Article 2(5) of the basic anti-dumping Regulation, and its underlying context and circumstances have nothing to do with the situation of possible double counting as per Article 24(1) of the basic anti-subsidy Regulation. Therefore, the claim of this party is entirely baseless not only from both a factual and legal point of view, but even from a purely theoretical point of view. On this basis, the Commission dismissed this claim.

(1143) Further to the additional definitive disclosure, the complainant disagreed with the methodology followed by the Commission on the combination of the duties. This party argued that the definitive disclosure did not address the complainant's point that where an anti-dumping duty is based on the injury margin, there is already in any event no risk of double counting, as the explanation at recital (1136) was considered insufficient. According to the complainant, there is no factual risk of double counting in cases where the dumping duty is limited to the injury margin, and therefore for exporting producers whose anti-dumping duty is based on the injury margin, the legally required combined duty level is the total of the countervailing duty plus the anti-dumping duty based on the injury margin with no deductions or adjustments. The complainant argued that this methodology led to the arbitrary result that exporting producers which did not cooperate in the anti-subsidy investigation were effectively rewarded with a lower combined duty rate, as they were subject to an anti-dumping duty of 33,6 % (dumping margin minus countervailing margin) lower than the injury elimination level of 37,6 %. Instead, the complainant suggested that their combined duty should be a total of 68,7 %, resulting from 31,1 % countervailing duty plus 37,6 % injury margin, leading to a total of 68,7 %. This would be a reward to (partial) non-cooperation.

(1144) Furthermore, the complainant argued that by accepting the claims by the Yuntianhua Group and the GOC as per recital (1136), the Commission essentially rewarded (partial) non-cooperation and accepted unsubstantiated claims. According to this party, the absence of the relevant evidence as explained in the same recital cannot per se justify the application of the most conservative methodology especially in cases of (partial) non-cooperation, thereby raising the risk that the duties would not have the necessary remedial effect especially given the predatory character of the activities of the Chinese exporting producers as shown by their aggressive stockpiling. The complainant based its claim on the absence of company-specific data to show any actual impact of double counting at company level put forward by the Yuntianhua Group and the GOC, and on their comments being abstract and not specific and lacking any relevant factual evidence. While recognising that the WTO in DS 379 ruled that it is for the Commission as investigating authority to carry out a proper investigation to avoid the risk of double counting, the complainant argued that it is evidently for the exporting producers to provide evidence that double counting would result from the combination of their specific duties on the basis of their specific factual circumstances, which they have failed to do. The complainant also referred to the case of the CNBM Group, which did not even raise any double counting claims and would therefore essentially be rewarded for (partial) non-cooperation with no legal or factual justification.

(1145) Based on the above arguments, the complainant requested that: (i) for companies cooperating only in the anti-dumping investigation, the Commission should impose combined duties equal to the total of the countervailing duty and the injury margin; (ii) for the CNBM Group and all non-cooperating exporting producers, the Commission should impose the full countervailing duty and anti-dumping duty based on the dumping margin as the company has not made any substantiated, company-specific claim supported by evidence concerning double counting; (iii) for the Yuntianhua Group and the exporting producers cooperating in both investigations, the combined duty levels are appropriate but the Commission should revise and clarify its methodology.

(1146) The Commission disagreed with the claims raised by the complainant. With regard to the claim that the definitive disclosure did not address the argument raised by the complainant, the Commission reiterated that the explanations in this entire section, in particular at recitals (1135)-(1138) and specifically recital (1136) fully addressed this argument. Furthermore, the Commission noted that the injury margin is calculated in parallel with the dumping margin so that a comparison can be made in order to apply the lesser duty rule. When a duty is based on the injury margin, it does not mean that there was no dumping or that the dumping margin was completely irrelevant, as one of the required conditions to apply anti-dumping duties is that there be dumping above de minimis levels. Therefore, in situations where the injury margin is used to establish the actual duty because it is lower than the dumping margin in accordance with Article 9(4) of the basic anti-dumping Regulation and/or Article 15(2) of the basic anti-subsidy Regulation where relevant, it does not eliminate the actual existence of dumping (or subsidy) at a level higher than the injury elimination level. Therefore, also in these situations the potential for double counting is equally present where the relevant factual situation and the applicable jurisprudence show that this is the case This claim was therefore rejected.

(1147) As for the claim concerning the Chinese exporting producers cooperating in the anti-dumping but not in the anti-subsidy proceeding, the complainant is suggesting essentially to add to the full subsidy margin the higher injury margin rather than the dumping margin. This party did not specify the legal or factual basis as well as the reason for this suggestion. The Commission noted that this suggested methodology would be contrary to Article 9(4) second subparagraph of the basic anti-dumping Regulation as applied in the anti-dumping proceeding per Sections 7.1 and 7.2 of the definitive anti-dumping Regulation, without there being any legal or factual justification put forward by the complainant other than the need not to reward non-cooperation. In this respect, the Commission recalled that partial or full non-cooperation is legally irrelevant for the application of the lesser duty rule pursuant to Article 9(4) of the basic anti-dumping Regulation, and that in any event these parties had cooperated in the anti-dumping investigation and not in the anti-subsidy investigation. Therefore, the Commission confirmed the validity of its methodology as explained at recitals (1117)-(1118) and (1136)-(1137) above for these exporting producers cooperating only with the anti-dumping investigation and rejected the claim by the complainant.

(1148) With regard to the claims by the complainant concerning the treatment of the Yuntianhua Group and CNBM Group, which failed to submit company-specific evidence to show the actual impact of double counting at company level and effectively were rewarded despite their partial non-cooperation, the Commission noted the following. As the complainant itself admits and as is abundantly clear from the WTO DS 379 ruling explained in details at recitals (1135)-(1136), the Commission did not have any evidence on file showing that there was no potential double counting by the cumulation of anti-dumping and countervailing duty. Among the relevant elements for this purpose, some of which are listed at recital (1136), the predatory behaviour of the Chinese exporting producers shown by the aggressive stockpiling leading to a possible insufficient remedial effect of the duties as claimed by the complainant is not a relevant element for this purpose. Therefore, in the absence of any other relevant evidence on file for this purpose, the Commission rejected this claim.

(1149) With regard to the last generic request by the complainant for the Yuntianhua Group and the exporting producers cooperating cooperating in both investigations to revise and clarify its methodology, the Commission noted that the complainant did not provide any further detail and did not explain how the Commission should revise and clarify this methodology. Furthermore, the Commission highlighted the inconsistency of this generic request with the agreement of principle by the complainant on the appropriateness of the combined duty. Therefore, the Commission dismissed this claim.

(1150) The complainant finally asked the Commission to state in the definitive regulation that any claims for double counting adjustments could be accepted when determining the combined level of anti-dumping and countervailing duties only if supported by factual company-specific evidence that double counting would result, and that in the absence of such evidence a claim by an exporting producer claim of double counting must be rejected as unsubstantiated. In this respect, the Commission first stated that as a matter of principle regulations imposing provisional and/or definitive measures concern the specific product under investigation and the findings of the investigation, and thus cannot be used to make general policy statements or statements of principle applying in future investigations upon request by the parties. At the same time, the Commission reiterated that the relevant rules and jurisprudence in WTO DS379 as explained in detail at recitals (1135)-(1136) and (1148) above with regard to this investigation require a determination on the actual existence of double counting in parallel cases where a methodology like the one set out in Article 2(6a) of the basic anti-dumping Regulation is used on the basis of positive evidence in the record. The fact that in this specific case there exists no such evidence as the exporting producers have not been requested to submit the relevant evidence by any of the parties does not mean that in any future case this evidence could not be requested and constitute relevant evidence in the record for the Commission to make its determination on the potential existence of double counting in similar parallel proceedings.

(1151) Following the additional definitive disclosure, the Yuntianhua Group also requested the Commission to disclose the exact dumping margin for Yuntianhua Group free of the double counting, and to clarify the deduction of the subsidies established in the PRC.

(1152) Furthermore, the Yuntianhua Group referred to recital (85) of the additional disclosure and the fact that double counting should be addressed under Article 24(1) of the basic Regulation. This party argued that anti-dumping and anti-subsidy duties deal with one and the same situation, and therefore there is no legal basis to impose both duties in parallel.

(1153) The Yuntianhua Group also took issue with the statement at recital (745) of the definitive disclosure that no information has been submitted to the Commission to justify the application of the injury margin in this case. This party argued that the Commission made a determination under Article 7(2b) of the basic anti-dumping Regulation to the effect that it is not in the Union interest not to apply the injury margin, and that while the Union interest assessment is identical in the definitive disclosure of the anti-subsidy proceeding the Commission reached the different conclusion not to apply the injury margin. This party further referred to the regulation imposing a provisional anti-dumping duty in the Hot-rolled Stainless Steel case (221), where the Commission found that for the Union interest to justify an application of the injury margin it is sufficient that there is an impact on supply chains. Since in the anti-subsidy proceeding there is also a negative impact of the anti-subsidy duties on the users in the EU, although insufficient to justify a non-imposition of the countervailing duties, this party concludes that the Commission should at least apply the injury margin to The Yuntianhua Group in this anti-subsidy proceeding in analogy with the decision in the Hot-rolled Stainless Steel case.

(1154) With regard to the Yuntianhua Group’s request for the disclosure of the “exact dumping margin”, the Commission noted that there has been no change to the dumping margins as stated in the regulation imposing anti-dumping measures. In addition to what explained above at recital (70), Yuntianhua Group’s dumping margin remains the one established during the anti-dumping investigation and disclosed to the group in the context of that proceeding. However, for certain parties, including the Yuntianhua Group, as explained above the concomitant imposition of anti-dumping and countervailing measures could result in double counting and/or the results of the application of the lesser duty rule must be taken into account from the date of imposition of the countervailing measures. Thus, the Commission must amend the anti-dumping rate accordingly in those cases. By the same logic, the Commission also notes that if in the future countervailing measures were to be repealed, the applicable anti-dumping duty rate would have to be amended proportionally in line with the margins imposed by the anti-dumping Regulation, as as per Article 2(3) of this Regulation.

(1155) As for the calculation of the dumping duty for this party, as explained in recitals (1117)-(1118), in cases were the normal value was constructed according to Article 2(6a) of the basic anti-dumping Regulation the Commission fully avoided double counting. To that end, the Commission first imposed the full countervailing duty in the anti-subsidy investigation, and then amended the definitive antidumping duty. To calculate the amended antidumping duty, the Commission deducted from the established dumping margin the subsidy margin established in this proceeding. Specifically for the Yuntianhua Group, the Commission first imposed the countervailing duty at a level of 17,0 %. Then, in order to avoid double counting, the Commission deducted the full countervailing duty of 17,0 %, from the dumping margin of 64,7 % as established in the anti-dumping proceeding. This would result in an anti-dumping duty of 47,7 %. However, in accordance with the lesser duty rule, as set out in Article 7(2) of the basic anti-dumping Regulation, the final amount of the duty imposed in the anti-dumping investigation for the Yuntianhua Group was capped by the injury elimination level of 37,6 %.

(1156) With regard to the second argument by the Yuntianhua Group based on Article 24(1) of the basic Regulation, the Commission recalled that, as explained at Recitals (1117)-(1118), in order to avoid double counting the Commission reduced the dumping duty rate established by the entire amount of subsidisation. Consequently, there was no double counting either the meaning of Article 24(1) of the basic Regulation as this party argued, or within the meaning of Article 15(2) of the basic Regulation. Therefore, the Commission dismissed this claim.

(1157) As for the last claim of the Yuntianhua Group concerning the injury margin, the Commission referred to its statements at Recitals (1114) and (1139), where it explained that the injury margin is not relevant in this anti-subsidy investigation as the default rule under Article 15(1), fourth subparagraph is that the lesser duty rule is not applicable unless it can clearly conclude that the countervailing duty should be set at the injury elimination level if lower “on the basis of all the information submitted”. Since no party submitted any information to this effect under Article 15(1) of the basic Regulation, the Commission did not have to undertake any assessment in this respect as the countervailing duty must be based on the amount of countervailable subsidies established. Therefore, the requested application of the injury margin in this anti-subsidy proceeding would lack any legal basis and would be simply unlawful. This claim could therefore be already dismissed on this basis. In any event, the Commission noted that the reference to the precedent concerning the Hot-rolled Stainless Steel is both legally and factually irrelevant. From a legal point of view, this was an anti-dumping proceeding and the relevant analysis quoted by the party was based on Article 7(2b) of the basic anti-dumping Regulation. The legal framework for the application of the lesser duty rule has changed as a result of the legislative changes of 2018, and the conditions of application under Article 7(2) to 7(2b) of the basic anti-dumping Regulation are now different from those under Article 15(1) of the basic anti-subsidy Regulation. Furthermore, this party is mixing the particular Union interest test carried out in the context of Article 7(2b) of the basic anti-dumping Regulation, with the ordinary Union interest test carried out in accordance with Article 21 of the basic anti-dumping Regulation and its mirror provision Article 31 of the basic anti-subsidy Regulation, which are different given their context and purpose, and on whose latter provision this party relied for its argument. For all these reasons, the Commission rejected this claim.

(1158) 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 countervailing duties. The companies with individual countervailing 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 this Regulation. Imports not accompanied by that invoice should be subject to the countervailing duty applicable to ‘all other companies’.

(1159) While presentation of this invoice is necessary for the customs authorities of the Member States to apply the individual rates of countervailing duty to imports, it is not the only element to be taken into account by the customs authorities. Indeed, even if presented with an invoice meeting all the requirements set out in Article 1(3) of this Regulation, the customs authorities of Member States should carry out their usual checks and should, like in all other cases, require additional documents (shipping documents, etc.) for the purpose of verifying the accuracy of the particulars contained in the declaration and ensure that the subsequent application of the lower rate of duty is justified, in compliance with customs law.

(1160) Should the exports by one of the companies benefiting from lower individual duty rates increase significantly in volume after the imposition of the measures concerned, such an increase in volume could be considered as constituting in itself a change in the pattern of trade due to the imposition of measures within the meaning of Article 23(1) of the basic Regulation. In such circumstances and provided the conditions are met an anti-circumvention investigation may be initiated. This investigation may, inter alia, examine the need for the removal of individual duty rate(s) and the consequent imposition of a countrywide duty.

(1161) In order to ensure a proper enforcement of the countervailing duty, the duty level for all other companies 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 investigation period.

(1162) As mentioned in Section 1.2, the Commission made imports of GFF originating in the countries concerned subject to registration. Registration took place with a view to possibly collecting duties retroactively under Article 16(4) of the basic Regulation.

(1163) Since no provisional duties were imposed, no retroactive application could occur. Thus, the registration of imports should be discontinued.

(1164) Interested parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of a definitive countervailing duty on imports of certain woven and/or stitched glass fibre fabrics (‘GFF’) originating in the People's Republic of China and Egypt. Interested parties were given the opportunity to provide comments on the accuracy of the calculations specifically disclosed to them.

(1165) In view of Article 109 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (222), when an amount is to be reimbursed following a judgment of the Court of Justice of the European Union, the interest to be paid should 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 on the first calendar day of each month.

(1166) As explained in recitals (1117) - (1119) above, the Commission deducted from the dumping margin part of the subsidy amount in order to avoid double counting. Thus, should any modification or removal of the definitive countervailing duties occur, the level of anti-dumping duties should be automatically increased by the same proportion in order to reflect the actual extent of double counting as a result of this modification or removal. This change of the anti-dumping duties should take place as from the entry into force of this regulation.

(1167) The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 15(1) of 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 (223),

HAS ADOPTED THIS REGULATION:

Article 1

Article 2

Implementing Regulation (EU) 2020/492 is amended as follows:

(2) A new Article 1(5) is inserted: ‘5.   Should the definitive countervailing duties imposed by Article 1 of Commission Implementing Regulation (EU) 2020/776(2) be modified or removed, the duties specified in paragraph 2 or in Annexes I or II will be increased by the same proportion limited to the actual dumping margin found or the injury margin found as appropriate per company and from the entry into force of this Regulation. (2)  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 (OJ L 189, 15.6.2020, p. 1).’ "

(3) A new Article 1(6) is inserted: ‘6.   In cases where the countervailing duty has been subtracted from the anti-dumping duty for certain exporting producers, refund requests under Article 21 of Regulation (EU) 2016/1037 shall also trigger the assessment of the dumping margin for that exporting producer prevailing during the refund investigation period.’

(4) The Annex is replaced by Annex I and Annex II.

Article 3

Article 4

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.

Done at Brussels, 12 June 2020.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 176, 30.6.2016, p. 55.

(2) 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).

(3) 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.

(4) 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.

(5) 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).

(6) 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).

(7) 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’).

(8) Idem.

(9) Annexes to Section 6 of the consolidated version of the complaint.

(10) Annexes to recitals 349 to 352 of the consolidated version of the complaint.

(11) Annexes to Section 4 of the consolidated version of the complaint.

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

(13) OJ L 176, 30.6.2016, p. 21.

(14) OJ L 108, 6.4.2020, p. 67.

(15) 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).

(16) 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).

(17) 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).

(18) WT/DS312/R of 28 October 2005

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

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

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

(22) 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)

(23) 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.

(24) WT/DS312/R of 28 October 2005

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

(26) 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.

(27) 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.

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

(29) 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.

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

(31) As clarified in the Notice of Clarification.

(32) Notice of Initiation as clarified by Clarification Notice.

(33) See 12th Five-Year Plan, page 9.

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

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

(36) Ibid, part II, Chapter 6, Section 4.

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

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

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

(40) See Made in China 2025 Roadmap. p.142, 152.

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

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

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

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

(45) Taishan Fiberglass Inc. website.

(46) See the Intelligent Manufacturing Development Plan (2016-2020)

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

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

(49) 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).

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

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

(52) Report, Chapter 12.3.1.4, p. 283-286.

(53) 13th 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.

(54) Ibid. section III.3.

(55) 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.

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

(57) 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

(58) 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

(59) 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.

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

(61) Chinese Export-Import Bank, page 33

(62) 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.

(63) 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).

(64) 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.

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

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

(67) See HRF and Tyres cases cited in footnote 7.

(68) 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.

(69) Appellate Body Report, DS 296, para. 116.

(70) Appellate Body Report, DS 296, para. 115.

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

(72) Appellate Body Report, DS 296, para. 115.

(73) 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.

(74) 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.

(75) 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.

(76) 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).

(77) 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.

(78) 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.

(79) 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.

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

(81) 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).

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

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

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

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

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

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

(88) 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’).

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

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

(91) 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.

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

(93) 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.

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

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

(96) See website of the People’s Bank of China:

https://www.boc.cn/en/cbservice/cncb6/cb61/200811/t20081112_1324239.html

(97) See footnote 71.

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

(99) See footnote 73.

(100) See footnote 75.

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

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

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

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

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

(106) www.xin.baidu.com/; www.qichacha.com/

(107) 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).

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

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

(110) See Tyres case cited in footnote 7, recital 429.

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

(112) Sinosure Annual Report 2017, p. 6.

(113) Sinosure Annual Report 2017, p. 20.

(114) See Tyres case cited in footnote 7, recital 427.

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

(116) See Section 3.1 above.

(117) 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).

(118) 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.

(119) See recital (499).

(120) http://lvr.land.moi.gov.tw/login.action

(121) https://en.wikipedia.org/wiki/Economy_of_Maharashtra

(122) https://en.wikipedia.org/wiki/Zhejiang

(123) https://en.wikipedia.org/wiki/Zhejiang

(124) 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).

Council Implementing Regulation (EU) No 451/2011 of 6 May 2011 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of coated fine paper originating in the People's Republic of China (OJ L 128, 14.5.2011, p. 1).

(125) 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).

(126) 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

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

(128) 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)

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

(130) 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.

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

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

(133) 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).

(134) 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.

(135) OJ C 394, p. 6, 17.12.1998.

(136) Such as e.g. Council Implementing Regulation (EU) 452/2011, OJ L 128, 14.5.2011, p. 18 (Coated fine paper), Council Implementing Regulation (EU) 2013/215, 11.3.2013, 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, 16.12.2014, p. 65 (Polyester Staple Fibers).

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

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

(139) 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’)

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

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

(142) State Council Report, see also footnote 104.

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

(144) State Council Report, cfr footnote 104.

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

(146) State Council Report, cfr footnote 104.

(147) 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.

(148) 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.

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

(150) GOC, Comments of 7 August 2019, § 72.

(151) HRF case cited in footnote 7, recital 396.

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

(153) TEDA 10 Years Summary Report, p. 41.

(154) 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.

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

(156) 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).

(157) 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).

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

(159) 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.

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

(161) 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).

(162) 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.

(163) 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.

(164) WT/DS379/AB/R, paras. 304 – 322.

(165) 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.

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

(167) 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.

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

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

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

(171) 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.

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

Jindal Saw Ltd and Jindal Saw Italia SpA v European Commission ECLI:EU:T:2019:235, para 101; also T 67/14 Viraj Profiles v Council, judgment of 11 July 2017, not published, EU:T:2017:481, para 88.

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

(174) 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.

(175) 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.

(176) 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

(177) 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.

(178) 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).

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

(180) Information panel at the entrance of the Jushi Egypt plant.

(181) 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).

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

(183) ‘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.

(184) 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.

(185) 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.

(186) 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.

(187) See also recital (358) of the tyres regulation.

(188) See Tyres case cites in footnote 7.

(189) Recital (418) of the Tyres Regulation.

(190) 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’).

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

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

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

(194) 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).

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

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

(197) Art 22, law 67 of 2016.

(198) 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.

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

(200) Combined Nomenclature codes.

(201) CN codes 7019 39 00, 7019 40 00, 7019 59 00 and 7019 90 00.

(202) 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.

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

(204) 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.

(205) 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’).

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

(207) OJ L 16, 21.1.2020, p. 1

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

(209) 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).

(*1)  Established in the anti-dumping investigation.

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

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

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

(213) Ibid footnote 182.

(214) 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.

(215) 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).

(216) DS 379, paras. 541-542.

(217) DS 379, para. 543.

(218) DS 379, para. 543.

(219) DS 379, para. 599.

(220) DS 379, para. 602.

(221) 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).

(222) 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)

(223) 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).