LegalizeCommission Implementing Regulation (EU) 2022/301 of 24 February 2022 extending the definitive countervailing duty imposed by Implementing Regulation (EU) 2020/776 on imports of certain woven and/or stitched glass fibre fabrics (‘GFF’) originating in the People’s Republic of China (‘the PRC’) to imports of GFF consigned from Morocco, whether declared as originating in Morocco or not, and terminating the investigation concerning possible circumvention of the countervailing measures imposed by Implementing Regulation (EU) 2020/776 on imports of GFF originating in Egypt by imports of GFF consigned from Morocco, whether declared as originating in Morocco or not
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.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 February 2022.
For the Commission
The President
Ursula VON DER LEYEN
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).
The CN and TARIC codes referred to above will apply as from 1 January 2022 and are based on Commission Implementing Regulation (EU) 2021/1832 of 12 October 2021 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 385, 29.10.2021, p. 1).
Commission Implementing Regulation (EU) 2021/863 of 28 May 2021 initiating an investigation concerning possible circumvention of the countervailing measures imposed by Implementing Regulation (EU) 2020/776 on imports of certain woven and/or stitched glass fibre fabrics originating in People’s Republic of China and Egypt by imports of certain woven and/or stitched glass fibre fabrics consigned from Morocco, whether declared as originating in Morocco or not, and making such imports subject to registration (OJ L 190, 31.5.2021, p. 76).
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).
See further recitals (36) and (37) for a description of the PGTEX Group.
See the request, open version, points 40 to 42, page 10.
See the request, open version, point 29, page 8 and point 41, page 9.
See the request, open version, points 26 and 27, pages 7 and 8.
Pursuant to Article 29 of the EU-Morocco Association Agreement, “the concept of ‘originating products’ for the purposes of implementing this title and the methods of administrative cooperation relating thereto are laid down in Protocol 4”. In this respect, GFF fell under heading 7019 of the Harmonised System nomenclature and therefore conferred preferential origin under the list rules contained in Annex II of Protocol 4 of the EU-Morocco Association Agreement.
Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part (OJ L 70, 18.3.2000, p. 2).
ECJ judgment of 12 September 2019, Case C-709/17 P, European Commission v Kolachi Raj Industrial (Private) Ltd, ECLI:EU:C:2019:717.
Recital 18 of the basic Regulation codifies this approach as follows: “Even though the Subsidies Agreement does not contain provisions concerning circumvention of countervailing measures, the possibility of such circumvention exists, in terms similar, albeit not identical, to the circumvention of anti-dumping measures. It is appropriate, therefore, to provide for an anti-circumvention provision in this Regulation.”
Article 1 of the basic Regulation (OJ L 176, 30.6.2016, p. 55).
https://www.gtis.com/gta/
Commentaires du Ministère de l’Industrie, du Commerce et de l’Economie Verte et Numérique du Royaume du Maroc relatifs à l’ouverture des enquêtes anti-contournement concernant les importations de certains tissus en fibres de verre, 14.07.2021, page 2: «…le Ministère souligne que le contact entre PGTEX et les autorités marocaines pour l’implantation d’une usine de PGTEX au Maroc
remonte au 20 mars 2019, soit juste après l’initiation de l’enquête antidumping initiale de l’UE…».
A “GFF-machine” can be described as the machine, which is used during the assembly process, whereby mainly glass fibre rovings (the main input material) are converted into GFF.
Useful life of a GFF-machine estimated to be 10 years, and adjusted for a residual value of 5 % at the end of its useful life.
Table C.4.1. “Production and Production capacity” of the exemption claim form
There is though one exception. If a business employs a usage-based depreciation methodology, then depreciation will be incurred in a pattern that is more consistent with a variable cost. The PGTEX Group remained silent on this methodology.
In response to Question C.4.1 of PGTEX Morocco SARL’s completed questionnaire, PGTEX Morocco SARL stated that the production started from April 2020. This statement was re-confirmed as a reply to question 1 on page 1 of its deficiency reply.
The Commission requested in the exemption claim form that any cooperating producer should provide all main contracts, both from related and unrelated parties,
Deficiency reply concerning PGTEX Morocco SARL: Reply to question 7, page 20.
Deficiency reply concerning PGTEX Morocco SARL: Reply to question 6 c, page 20.
Deficiency reply concerning PGTEX Morocco SARL: Reply to question 9 m, ii, page 23.
WTO Appellate Body Report, United States – Final Countervailing Duty Determination with respect to Certain Softwood Lumber from Canada, WT/DS257/AB/R, 19 January 2004, para. 143)
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