LegalizeCommission Implementing Regulation (EU) 2021/2239 of 15 December 2021 imposing a definitive anti-dumping duty on imports of certain utility scale steel wind towers originating in the People’s Republic of China
Article 1
A definitive anti-dumping duty is imposed on imports of certain utility scale wind towers of steel, whether or not tapered, and sections thereof, whether assembled or not, whether or not including an embedded tower foundation section, whether or not joined with nacelles or rotor blades, and that are designed to support the nacelle and rotor blades for use in wind turbines that have electrical power generation capacities – either in onshore or offshore applications – equal to or in excess of 1,00 megawatt and with a minimum height of 50 meters measured from the base of the tower to the bottom of the nacelle (i.e. where the top of the tower and nacelle are joined) when fully assembled, originating in the PRC, currently falling under CN codes ex 7308 20 00 (TARIC code 7308 20 00 11 ), ex 7308 90 98 (TARIC code 7308 90 98 11 ) and, when imported as part of a wind turbine, currently falling under CN code ex 8502 31 00 (TARIC codes 8502 31 00 11 and 8502 31 00 85 ).
The rates of the definitive anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty, of the product described in paragraph 1 and produced by the companies listed below, shall be as follows:
| Country | Company | Definitive anti-dumping duty rate | TARIC additional code |
|---|---|---|---|
| China | Chengxi Shipyard Co., Ltd. | 7,5 % | C726 |
| China | Penglai Dajin Offshore Heavy Industry Co., Ltd. | 7,2 % | C727 |
| China | Suzhou Titan New Energy Technology Co., Ltd. | 14,4 % | C728 |
| China | Other cooperating companies, listed in Annex | 11,2 % | See Annex |
| China | All other companies | 19,2 % | C999 |
The application of the individual duty rates specified for the companies mentioned in paragraph 2 shall be conditional upon presentation to the Member States’ customs authorities of a valid commercial invoice, on which shall appear a declaration dated and signed by an official of the entity issuing such invoice, identified by his/her name and function, drafted as follows: ‘I, the undersigned, certify that the (volume) of (product concerned) sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in [country concerned]. I declare that the information provided in this invoice is complete and correct’. If no such invoice is presented, the duty applicable to all other companies shall apply.
Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2
Where a declaration for release for free circulation is presented in respect of wind turbines referred to in Article 1(1), originating in the PRC, the net, free-at-Union-frontier price, before duty, of the wind towers referred to in Article 1(1) shall be entered in the relevant field of that declaration.
The anti-dumping duties referred in Article 1(2) shall apply only to the net, free-at-Union-frontier price, before duty, of the wind towers referred to in Article 1(1).
A valid commercial invoice shall be presented to the Member States' customs authorities. It shall contain information sufficiently detailed to allow the Member States' customs authorities to assess the accuracy of the declared net, free-at-Union-frontier price, before duty, of the wind towers referred to in Article 1(1).
Member States shall, on a monthly basis, inform the Commission of the net, free-at-Union-frontier price, before duty, declared for the wind towers referred to in Article 1(1) imported as part of a wind turbine referred to in Article 1(1).
Article 3
Where a declaration for release for free circulation is presented in respect of the products referred to in Article 1(1), irrespective of their origin, the number of items of the products imported shall be entered in the relevant field of that declaration, provided this indication is compatible with Annex I to Council Regulation (EEC) No 2658/87 (1).
Member States shall, on a monthly basis, inform the Commission of the number of items imported under TARIC codes 7308 20 00 11 , 7308 90 98 11 , 8502 31 00 11 and 8502 31 00 85 .
Article 4
Article 1 (2) may be amended to add new exporting producers from China and make them subject to the appropriate weighted average anti-dumping duty rate for cooperating companies not included in the sample. A new exporting producer shall provide evidence that:
- (a) it did not export the goods described in Article 1(1) originating in China during the period of investigation (1 July 2019 to 30 June 2020);
- (b) it is not related to an exporter or producer subject to the measures imposed by this Regulation; and
- (c) it has either actually exported the product concerned or has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the end of the period of investigation.
Article 5
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX
Cooperating exporting producers not sampled
| Country | Name | TARIC additional code |
|---|---|---|
| PRC | Fujian Fuchuan Yifan New Energy Equipment Manufacturing Co., Ltd. | C729 |
| PRC | TSP Wind Power Group Co., Ltd. | C730 |
Annex I ‘Combined Nomenclature’ to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).
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