LegalizeCommission Implementing Regulation (EU) 2023/99 of 11 January 2023 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of certain aluminium road wheels originating in Morocco
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.
- (231) Should the exports by one of the companies benefiting from lower individual duty rates increase significantly in volume, in particular 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 13(1) of the basic Regulation. In such circumstances, an anti-circumvention investigation may be initiated, provided that the conditions for doing so are met. This investigation may, inter alia, examine the need for the removal of individual duty rate(s) and the consequent imposition of a country-wide duty.
- (232) To ensure a proper enforcement of the anti-dumping duties, the anti-dumping duty for all other companies should apply not only to the non-cooperating exporting producers in this investigation, but also to the producers which did not have exports to the Union during the investigation period.
- (233) Statistics of aluminium road wheels of the motor vehicles of headings 8701 to 8705 whether or not with their accessories and whether or not fitted with tyres are frequently expressed in number of pieces. However, there is no such supplementary unit for aluminium road wheels of the motor vehicles of headings 8701 to 8705 whether or not with their accessories and whether or not fitted with tyres specified in the Combined Nomenclature laid down in Annex I to Council Regulation (EEC) No 2658/87 33. It is therefore necessary to provide that not only the weight in kg or tonnes but also the number of items for the imports of the product concerned must be entered in the declaration for release for free circulation. Items should be indicated for CN codes ex 8708 70 10 and ex 8708 70 50 (TARIC codes: 8708701015, 8708701050, 8708705015 and 8708705050).
8.2. Definitive collection of the provisional duties
- (234) In view of the dumping margins found and given the level of the injury caused to the Union industry, the amounts secured by way of provisional anti-dumping duties imposed by the provisional Regulation, should be definitively collected up to the levels established under the present Regulation.
8.3. Retroactive imposition of anti-dumping measures
- (235) As indicated in section 1.2, the Commission made imports of the product under investigation subject to registration.
- (236) During the definitive stage of the investigation, the data collected in the context of the registration was assessed. The Commission analysed whether the criteria under Article 10(4) of the basic Regulation were met for the retroactive collection of definitive duties.
- (237) The Commission observed that the volume of items imported during the pre-disclosure period (18 June 2022 – 16 July 2022) was around 291 000 items, that is a decrease by 11 % compared to the monthly average import volumes during the post-investigation period analysed in the registration Regulation, that is from 1 December 2021 to 30 April 2022. Therefore, the Commission did not find evidence of possible stock-piling during the pre-disclosure period. In addition, import prices increased by 11 % in line with the increase of LME 3 months prices. Consequently, there was no evidence that the imports undermined the remedial effects of the duties.
- (238) On this basis, the legal conditions under Article 10(4) of the basic Regulation were not met and, therefore, the duties should not be levied retroactively on the registered imports.
9. FINAL PROVISION
- (239) In view of Article 109 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council 34, 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.
- (240) The Committee established by Article 15(1) of Regulation (EU) 2016/1036 did not deliver an opinion,
HAS ADOPTED THIS REGULATION:
Article 1
A definitive anti-dumping duty is imposed on imports of aluminium road wheels of the motor vehicles of headings 8701 to 8705 whether or not with their accessories and whether or not fitted with tyres, currently falling under CN codes ex 8708 70 10 and ex 8708 70 50 (TARIC codes: 8708701015, 8708701050, 8708705015 and 8708705050) and originating in Morocco.
The rate of the definitive anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty, of the products described in paragraph 1 and produced by the companies listed below, shall be as follows:
| Country | Company | Definitive anti-dumping duty | TARIC additional code |
|---|---|---|---|
| Morocco | HANDS 8 S.A. | 9,0 % | C873 |
| DIKA MOROCCO AFRIKA S.A.R.L | 17,5 % | C897 | |
| All other companies | 17,5 % | 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 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 Morocco. 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.
Where a declaration for release for free circulation is presented in respect of the product referred to in paragraph 1, the number of items of the products imported shall be entered in the relevant field of that declaration, without prejudice to the supplementary unit defined in the Combined Nomenclature.
Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2
The amounts secured by way of the provisional anti-dumping duty under Implementing Regulation (EU) 2022/1221 shall be definitively collected.
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, 11 January 2023.
For the Commission
The President
Ursula VON DER LEYEN
Notice of initiation of an anti-dumping proceeding concerning imports of certain aluminium road wheels originating in Morocco (OJ C 464, 17.11.2021, p. 19).
Commission Implementing Regulation (EU) 2022/1221 of 14 July 2022 imposing provisional antidumping duties on imports of certain aluminium road wheels originating in Morocco (OJ L 188, 15.7.2022, p. 114).
Commission Implementing Regulation (EU) 2022/934 of 16 June 2022 making imports of certain aluminium road wheels originating in Morocco subject to registration (OJ L 162, 17.6.2022, p. 27).
Order of 28 September 2021, Airoldi Metalli SpA, T-611/20, EU:T:2021:641, paras 48 and 49.
WTO Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994.
Commission Implementing Regulation (EU) 2022/1395 of 11 August 2022 imposing a definitive anti-dumping duty on imports of certain corrosion resistant steels originating in Russia and Türkiye (OJ L 211, 12.8.2022, p. 127).
Case T-278/20, Zhejiang Hangtong Machinery Manufacture Co. Ltd and Ningbo Hi-Tech Zone Tongcheng Auto Parts Co. Ltd v Commission [2022] ECLI:EU:T:2022:417, para. 97.
In line with Case T-278/20 quoted in recital 92 and referred to by Dika in their submission.
See Cases C-376/15 P and C-377/15 P, Changshu City Standard Parts Factory and Ningbo Jinding Fastener Co. Ltd v Council of the European Union, ECLI:EU:C:2017:269, para. 53.
Commission Implementing Regulation (EU) 2019/1131 of 2 July 2019 establishing a customs tool in order to implement Article 14a of Regulation (EU) 2016/1036 of the European Parliament and of the Council and Article 24a of Regulation (EU) 2016/1037 of the European Parliament and of the Council (OJ L 179, 3.7.2019, p. 12).
The rules laid down in Regulation (EU) 2019/1131 quoted in footnote 11.
Commission Implementing Regulation (EU) 2021/2012 of 17 November 2021 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of stainless steel cold-rolled flat products originating in India and Indonesia (OJ L 410, 18.11.2021, p. 153), recital 136.
The World Bank database has the following classifications for 2021 based on the gross national income (‘GNI’) per capita: lower-middle income economy between USD 1 086 and USD 4 255, upper-middle income between USD 4 256 and USD 13 205, high income economy above USD 13 205. According to this classification, Morocco is considered as a lower-middle income economy (with a GNI for 2021 at USD 3 350), Brazil as an upper-middle income economy (with GNI for 2021 at USD 7 720) and Korea as a high income economy (with GNI for 2021 at USD 34 980). See https://databank.worldbank.org/home.aspx
WTO, Report of the Panel, WT/DS480/R, 25 January 2018, par. 7.51, and WT/DS405/R, 28 October 2011, par. 7.300.
WTO, Report of the Panel, WT/DS482//R, 25 January 2016, par. 7.143.
Ibid.
Case T-278/20, Zhejiang Hangtong Machinery Manufacture Co. Ltd and Ningbo Hi-Tech Zone Tongcheng Auto Parts Co. Ltd v European Commission [2022] ECLI:EU:T:2022:417, para. 134.
For example, a residual duty of 29 % established in recital 186 of Commission Implementing Regulation (EU) 2019/1693 of 9 October 2019 imposing a provisional anti-dumping duty on imports of steel road wheels originating in the People’s Republic of China (OJ L 259, 10.10.2019, p. 15), or 50 % in recital 290 of Commission 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 (OJ L 450, 16.12.2021, p. 59).
Dika requested and received (per email on 22 July 2022) information regarding the reasonable SG&A and profit used in the provisional Regulation, the profit cap, compliance costs, IRI (investments, R & D and innovation) as well as Eurostat data on TARIC level.
Commission Regulation (EU) No 404/2010 of 10 May 2010 imposing a provisional anti-dumping duty on imports of certain aluminium road wheels originating in the People’s Republic of China (OJ L 117, 11.5.2010, p. 64), recitals 175 to 179.
The quotation or offer price is the price offered by each participant in the tenders when submitting a bid.
In the absence of other information, the Commission assumed that the volumes reported in the spreadsheet concerned the overall volume quoted during the expected lifetime of each project. Based on an average duration of 5 years, the volumes thus reported was allocated accordingly.
See judgment of 14 September 2022, Nevinnomysskiy Azot et NAK ‘Azot’/Commission, T-865/19, EU:T:2022:559, paras 283 – 286.
Regulation (EU) No 404/2010, recitals 175 to 179.
Commission Implementing Regulation (EU) 2017/109 of 23 January 2017 imposing a definitive anti-dumping duty on imports of certain aluminium road wheels originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council (OJ L 18, 24.1.2017, p. 1), recitals 125 and 126.
After provisional disclosure, User A reported that in 2014 for one project an Union producer was not in position to supply 100 % but 85 % of the quantity requested. However, the User is still considering this Union producer as its main supplier and did not raise claims or provide evidence that such reduction of supply by the Union producer occurred during the period considered.
Implementing Regulation (EU) 2017/109, recital 136.
Recital 97 of the provisional Regulation.
https://www.acea.auto/files/ACEA_10-point_plan_European_Green_Deal.pdf
Council Regulation (EC) No 1322/2004 of 16 July 2004 amending Regulation (EC) No 2320/97 imposing definitive anti-dumping duties on imports of certain seamless pipes and tubes of iron or non-alloy steel originating in, inter alia, Russia and Romania (OJ L 246, 20.7.2004, p. 10).
European Commission, Directorate-General for Trade, Directorate G, Wetstraat 170 Rue de la Loi, 1040 Brussels, Belgium.
Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1) as amended by 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).
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).
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