LegalizeCommission Implementing Regulation (EU) 2021/2287 of 17 December 2021 imposing definitive countervailing duties on imports of aluminium converter foil originating in the People’s Republic of China and amending Implementing Regulation (EU) 2021/2170 imposing definitive anti-dumping duties on imports of aluminium converter foil originating in the People’s Republic of China
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
10. FINAL PROVISIONS
- (810) In view of Article 109 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council 118, 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.
- (811) As explained in recitals (788) to (793), 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.
- (812) The measures provided for in this Regulation are in accordance with the opinion of the Committee, established by Article 25(1) of Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union 119,
HAS ADOPTED THIS REGULATION:
Article 1
A definitive countervailing duty is imposed on imports of aluminium converter foil of a thickness of less than 0,021 mm, not backed, not further worked than rolled, in rolls of a weight exceeding 10 kg, currently falling under CN code ex 7607 11 19 (TARIC codes 7607111960 and 7607111991) and originating in People’s Republic of China.
The following products are excluded:
- — Aluminium household foil of a thickness of not less than 0,008 mm and not more than 0,018 mm, not backed, not further worked than rolled, in rolls of a width not exceeding 650 mm and of a weight exceeding 10 kg.
- — Aluminium household foil of a thickness of not less than 0,007 mm and less than 0,008 mm, regardless of the width of the rolls, whether or not annealed.
- — Aluminium household foil of a thickness of not less than 0,008 mm and not more than 0,018 mm and in rolls of a width exceeding 650 mm, whether or not annealed.
- — Aluminium household foil of a thickness of more than 0,018 mm and less than 0,021 mm, regardless of the width of the rolls, whether or not annealed.
The rates of the definitive countervailing 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:
| Company | Definitive countervailing duty | TARIC additional code |
|---|---|---|
| Xiamen Xiashun Aluminium Foil Co., Ltd | 10,1 % | C687 |
| Yantai Donghai Aluminum Foil Co., Ltd. | 18,2 % | C688 |
| Jiangsu Zhongji Lamination Materials Co., Ltd. | 8,6 % | C686 |
| Other companies cooperating in both anti-subsidy and anti-dumping investigation listed in Annex 1 | 12,3 % | See Annex I |
| Other companies cooperating in anti-dumping investigation but not in anti-subsidy investigation listed in Annex II | 18,2 % | See Annex II |
| All other companies | 18,2 % | C999 |
The application of the individual countervailing duty rates specified for the companies mentioned in paragraph 3 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 the People’s Republic of China. I declare that the information provided in this invoice is complete and correct.’ If no such invoice is presented, the duty applicable to all other companies shall apply.
Unless otherwise specified, the provisions in force concerning customs duties shall apply.
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.
Article 2
Implementing Regulation (EU) 2021/2170 is amended as follows:
- (1) Article 1(3) is replaced by the following:
‘3. 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:
Company Definitive anti-dumping duty TARIC additional code Xiamen Xiashun Aluminium Foil Co., Ltd 6,0 % C687 Yantai Donghai Aluminum Foil Co., Ltd. 24,6 % C688 Jiangsu Zhongji Lamination Materials Co., Ltd. 28,5 % C686 Other companies cooperating in both anti-subsidy and anti-dumping investigation listed in Annex 1 23,6 % See Annex I Other companies cooperating in anti-dumping investigation but not in anti-subsidy investigation listed in Annex II 23,6 % See Annex II All other companies 28,5 % C999’
- (2) a new Article 1(6) is inserted:
‘6. Should the definitive countervailing duties imposed by Article 1 of Commission Implementing Regulation (EU) 2021/2170 be modified or removed, the duties specified in paragraph 2 or in Annexes I and 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.’
- (3) a new Article 1(7) is inserted:
‘7. 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 II.
Article 3
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, 17 December 2021.
For the Commission
The President
Ursula VON DER LEYEN
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.
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’), 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. 33) (‘GFF case’).
See Panel Report, United States – Countervailing Duty Measures on Certain Products from China, WT/DS437/R, adopted 16 January 2015, para. 7.152.
http://www.gov.cn/xinwen/2019-11/06/5449193/files/26c9d25f713f4ed5b8dc51ae40ef37af.pdf.
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 (the ‘China Report’).
See the cases cited in footnote 5 before.
Available at https://trade.ec.europa.eu/tdi/case_details.cfm?id=2501.
Notice on the consequences of the COVID-19 outbreak on anti-dumping and anti-subsidy investigations (2020/C 86/06) OJ C 86, 16.3.2020, p. 6.
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 (the ‘Report’) – Chapter 4, p. 41-42, 83.
Report – Chapter 2, p. 17.
Made in China 2025 Roadmap – Chapter 9.
See 10th Five-Year Plan, page 11.
See 11th Five-Year Plan, page 16.
See 12th Five-Year Plan, page 10.
See 13th Five-Year Plan, page 1.
See Decision of the State Council on Promulgating the Interim Provisions Promoting Industrial Structure Adjustment of 2 December 2005, Chapter III Articles 12, 13, 14, and 17.
See Directory Catalogue on Readjustment of Industrial Structure Adjustment (Version 2005), VIII.7.
See Development Planning of Non-ferrous Metals Industry (for 2016 to 2020), p 1. And 34.
See Notice of Guidelines Accelerating the Adjustment of Aluminum Industry Structure, p. 1.
See Notice of Guidelines Accelerating the Adjustment of Aluminum Industry Structure, p. 4.
See Catalogue of high and new technology products (2006).
See US-China Economic and Security Review Commission: The 13th Five-Year Plan, page 12.
https://www.ndrc.gov.cn/fzggw/jgsj/gjss/sjdt/201806/t20180612_1154987.html?code=&state=123, lastaccessed on 21 September 2021.
https://www.cae.cn/cae/html/files/2015-10/29/20151029105822561730637.pdf, last accessed on 28 June 2021.
Notice of the State Council on Promulgating “Made in China 2025” Plan, Sector 9 New materials.
https://www.ndrc.gov.cn/xxgk/zcfb/gg/201702/t20170204_961174.html?code=&state=123, last accessed on 21 September 2021.
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/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.
Decree of the State Council of the People’s Republic of China (No 283).
https://www.reuters.com/article/us-china-banks-party-idUSKBN1JN0XN, last accessed on 13 August 2021.
Official policy document of the China Banking and Insurance Regulatory Commission (“CBIRC”) of 28 August 2020: Three-year action plan for improving corporate governance of the banking and insurance sectors (2020-2022). http://www.cbirc.gov.cn/cn/view/pages/ItemDetail.html?docId=925393&itemId=928 (last viewed on 3 April 2021)
China Banking and Insurance Regulatory Commission (cbirc.gov.cn), last accessed 21 October 2021
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).
Article 13 of the Notice on the Supervision regulations concerning the behaviour of large shareholders of bank and insurance institutions (CBIRC, [2021] No 43)
See CBIRC’s Notice on the Commercial banks performance evaluation method, issued on 15 December 2020. http://jrs.mof.gov.cn/ gongzuotongzhi/202101/t20210104_3638904.htm (last viewed on 12 April 2021)
http://www.pbc.gov.cn/zhengcehuobisi/125207/125213/125440/3876551/de24575c/index2.html, last accessed on 3 August 2021.
See http://english.eximbank.gov.cn/Profile/AboutTB/Introduction/ as last checked on 30 November 2021.
See http://english.eximbank.gov.cn/Profile/Organization/BoardOD/#heightXwyL as last checked on 30 November 2021.
See http://english.eximbank.gov.cn/Profile/Organization/BoardOS/#heightXwyL as last checked on 30 November 2021, also confirming that the board of supervisors reports directly to the State Council.
See http://english.eximbank.gov.cn/Profile/Organization/ExecutiveM/#heightXwyL as last checked on 30 November 2021.
See the cases cited in footnote 5 before.
See the cases cited in footnote 5 before.
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.
http://www.pbc.gov.cn/zhengcehuobisi/125207/125213/125440/3876551/de24575c/index2.html, last accessed on 3 August 2021.
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.
China bond market insight 2021, https://assets.bbhub.io/professional/sites/10/China-bond-market-booklet.pdf, last accessed on 8 August 2021.
China bond market insight 2021, Footnote 59, p. 31.
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.
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, ibid, 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.
PBOC Working Paper No 2017/5, May 25, 2017, p. 28.
Working_Paper (pbc.gov.cn) (last accessed 28 November 2021)
Article X, point II of the CBRC’s Guidelines on risk-based loan classification.
See HRF case (recitals 152 to 244), Tyres case (recital 236) and GFF case (recital 300) cited in footnote 5.
See HRF case (recitals 152 to 244), Tyres case (recital 236) and GFF case (recital 300) cited in footnote 5.
See HRF case (recitals 152 to 244), Tyres case (recital 236) and GFF case (recital 300) cited in footnote 5.
See recital (177) above.
In case of fixed interest loans. For variable interest rate loans, the PBOC benchmark rate during the IP was taken.
HRF and Tyres cases, recitals (175) to (187) in the HRF case, and from recital (256) in the Tyres case
The company is continuing its business for the foreseeable future.
“Promoting LPR Reform Orderly”, issued by the Monetary Policy Analysis Group of the People’s Bank of China, September 15, 2020, http://www.pbc.gov.cn/en/3688110/3688172/4048269/4094018/2020091518070233600.pdf, last accessed 30 November 2021.
See https://www.barclays.co.uk/current-accounts/bank-account/overdrafts/overdraft-charges/, last accessed on 18 August 2021, fees for executive overdrafts – “overdrafts over GBP 15 000 have a set-up fee of 1,5 % of the arranged overdraft limit, and a renewal fee of 1,5 %”.
See GFF case cited in footnote 5 (recitals 354 and 355)
GDD, footnote 55
GDD, footnote 55.
See website of the People’s Bank of China:
https://www.boc.cn/en/cbservice/cncb6/cb61/200811/t20081112_1324239.html, last accessed on 18 August 2021.
Ibid.
See website of DBS Bank: https://www.dbs.com.cn/corporate/financing/working-capital/bank-acceptance-draft-bad-issuance, last accessed on 18 August 2021.
For a more specific description of the way in which bank acceptance drafts are generally used, see GFF case referenced in footnote 5 above, recitals 359 to 370
See GFF case mentioned in footnote 5, recital 385.
See E-bikes case, recital 316, and GFF case, recital 407, both cited in footnote 5.
See GFF case mentioned in footnote 5, recital 399.
Lastly amended on 28 December 2019 by Presidential Decree No 37 with effect from 1 March 2020.
Lastly amended on 14 February 2020 pursuant to the Decision on Revision of the "Administrative Measures on Securities Issuance by Listed Companies" of the China Securities Regulatory Commission with effect from 14 February 2020.
Replaced by Administrative Measures on the Sponsor Service for Securities Issuances and Listings, Decree No 170 of the China Securities Regulatory Commission of 12 June 2020 with effect from 12 June 2020.
See China bond market insight 2021, Footnote 59, p. 33.
See China bond market insight 2021, Footnote 59, p. 33.
As there were no data specific to convertible corporate bonds publicly available, the Commission used the data available for corporate bonds, which should also include convertible corporate bonds.
See recital (177) above.
OECD Study on Chinese export credit policies and programmes, page 7, para 32, available at https://www.oecd.org/officialdocuments/publicdisplaydocumentpdf/?cote=TAD/ECG(2015)3&doclanguage=en, last accessed on 18 August 2021.
See Sinosure website, Company profile, Supporting ‘Made in China’, https://www.sinosure.com.cn/en/Resbonsiblity/smic/index.shtml, last accessed on 17 August 2021.
See Tyres case cited in footnote 5, recital 429.
https://www.sinosure.com.cn/en/Sinosure/Profile/index.shtml, last accessed on 18 August 2021.
China’s High-tech Products Export Catalogue, No 417.
http://www.mofcom.gov.cn/aarticle/b/g/200411/20041100300040.html, last accessed on 12 August 2021.
Sinosure Annual Report 2019, p. 11, https://www.sinosure.com.cn/images/xwzx/ndbd/2020/08/27/38BBA5826A689D7D5B1DAE8BB66FACF8.pdf, last accessed on 18 August 2019.
Ibid, p. 38.
Such as e.g. Council Implementing Regulation (EU) No 452/2011, OJ L 128, 14.5.2011, p. 18
(Coated fine paper), Council Implementing Regulation (EU) No 2013/215, OJ L 73, 11.3.2013, 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) No 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).
http://www.npc.gov.cn/zgrdw/englishnpc/Law/2009-02/20/content_1471133.htm
Implementing Regulations of the Enterprise Income Tax Law of the People’s Republic of China (Revised in 2019) – Order of the State Council of the People’s Republic of China No 714.
http://kj.quanzhou.gov.cn/wsbs/xgxz/201703/t20170322_431820.htm, last accessed on 17 August 2021.
Announcement [2021] No 13 of the Ministry of Finance and the State Taxation Administration on Further Improvements to the Policy of Weighted Pre-tax Deduction for Research and Development Expenses.
See HRF, Tyres and GFF cases cited in footnote 5, recitals 330, 521 and 560 respectively.
See section 3.1 above.
See GFF, OCS, and Solar panels cases.
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 GFF, OCS, and Solar panels cases.
https://idbpark.moeaidb.gov.tw/, last accessed on 18 August 2021.
Jiangyin - Wikipedia
Xiamen - Wikipedia
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), Section III (4).
Commission Implementing Regulation (EU) 2021/983 of 17 June 2021, imposing a provisional anti-dumping duty on imports of aluminium converter foil originating in the People’s Republic of China, OJ L 216/142, 18 June 2021, recital 382.
Appellate Body Report, US – Softwood Lumber IV, paras. 142-143.
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.
See also, mutatis mutandis, WT/DS294/AB/RW, US – Zeroing (Article 21.5 DSU), Appellate Body Report of 14 May 2009, para 453.
TARIC codes 7607111960 and 7607111993 (which was numbered 7607111995 until 17 February 2017).
Commission Implementing Regulation (EU) 2015/2384 of 17 December 2015 imposing a definitive anti-dumping duty on imports of certain aluminium foils originating in the People’s Republic of China and terminating the proceeding for imports of certain aluminium foils originating in Brazil following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009.
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).
ANNEX I
Other companies cooperating in both anti-subsidy and anti-dumping investigation
| Country | Name | TARIC additional code |
|---|---|---|
| People’s Republic of China | Zhangjiagang Fineness Aluminum Foil Co., Ltd. | C689 |
| People’s Republic of China | Kunshan Aluminium Co., Ltd. | C690 |
| People’s Republic of China | Luoyang Wanji Aluminium Processing Co., Ltd. | C692 |
| People’s Republic of China | Shanghai Sunho Aluminum Foil Co., Ltd. | C693 |
| People’s Republic of China | Binzhou Hongbo Aluminium Foil Technology Co. Ltd. | C694 |
ANNEX II
Other companies cooperating in the anti-dumping investigation but not in the anti-subsidy investigation
| Country | Name | TARIC additional code |
|---|---|---|
| People’s Republic of China | Suntown Technology Group Corporation Limited | C691 |
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