LegalizeCommission Implementing Regulation (EU) 2023/738 of 4 April 2023 re-imposing a definitive countervailing duty 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 following the judgment of the General Court in joined cases T-30/19 and T-72/19
Article 1
The definitive countervailing duties applicable in euros per item of the product described in paragraph 1 and produced by the companies listed below shall be as follows, as from 13 November 2018.
| Company | Countervailing duty | TARIC Additional Code |
|---|---|---|
| GITI Radial Tire (Anhui) Company Ltd.; GITI Tire (Fujian) Company Ltd.; GITI Tire (Hualin) Company Ltd.; GITI Tire (Yinchuan) Company Ltd. | 11,07 | C332 |
| Chongqing Hankook Tire Co., Ltd; Jiangsu Hankook Tire Co., Ltd | 3,75 | C334 |
| Aeolus Tyre Co., Ltd, Aeolus Tyre (Taiyuan) Co., Ltd; Qingdao Yellow Sea Rubber Co., Ltd; Pirelli Tyre Co., Ltd | 39,77 | C877 (1) |
| Other companies subject to this reimposition cooperating in both anti- subsidy and anti-dumping investigation listed in the Annex | 27,69 | |
| Zhongce Rubber Group Co., Ltd | 57,28 | C379 |
| Weifang Yuelong Rubber Co., Ltd | 57,28 | C875 |
| Hefei Wanli Tire Co., Ltd | 57,28 | C876 |
| (1) The TARIC code C333 seizes to exist and C877 is applicable to the entire group. |
Article 2
Any definitive countervailing duty paid as regards products manufactured by the exporting producers referred to in Article 1(2) pursuant to Implementing Regulation (EU) 2018/1690 in excess of the definitive countervailing duty established in Article 1 shall be repaid or remitted.
The repayment or remission shall be requested from national customs authorities in accordance with the applicable customs legislation. Any reimbursement that took place following the General Court’s ruling in in Cases T-30/19 and T-72/19 China Rubber Industry Association (CRIA) and China Chamber of Commerce of Metals, Minerals & Chemicals Importers & Exporters (CCCMC)v European Commission shall be recovered by the authorities which made the reimbursement up to the amount set out in Article 1(2).
Article 3
The definitive countervailing duty imposed by Article 1 shall also be collected on imports registered in accordance with Article 1(3) of Implementing Regulation (EU) 2022/1175 of 7 July 2022 making 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 subject to registration following the re-opening of the investigation in order to implement the judgments of 4 May 2022 in joined cases T-30/19 and T-72/19, with regard to Implementing Regulation (EU) 2018/1579 and Implementing Regulation (EU) 2018/1690.
Article 4
Customs authorities are directed to discontinue the registration of imports, established in accordance with Article 1(1) of Implementing Regulation (EU) 2022/1175, which is hereby repealed.
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
Companies cooperating in both anti-subsidy and anti-dumping investigations subject to this re-imposition:
| COMPANY NAME | ADDITIONAL TARIC CODE |
|---|---|
| Chaoyang Long March Tyre Co., Ltd | C338 |
| Triangle Tyre Co., Ltd | C375 |
| Shandong Wanda Boto Tyre Co., Ltd | C366 |
| Qingdao Doublestar Tire Industrial Co., Ltd | C347 |
| Ningxia Shenzhou Tire Co., Ltd | C345 |
| Guizhou Tyre Co., Ltd | C340 |
| Shandong Huasheng Rubber Co., Ltd | C360 |
| Prinx Chengshan (Shandong) Tire Co., Ltd | C346 |
| Shandong Linglong Tyre Co., Ltd | C363 |
| Shandong Jinyu Tire Co., Ltd | C362 |
| Sailun Group Co., Ltd | C351 |
| Shandong Kaixuan Rubber Co., Ltd | C353 |
| Weifang Shunfuchang Rubber And Plastic Products Co., Ltd | C377 |
| Shandong Hengyu Science & Technology Co., Ltd | C358 |
| Jiangsu General Science Technology Co., Ltd | C341 |
| Shanghai Huayi Group Corp. Ltd; Double Coin Group (Jiang Su) Tyre Co., Ltd | C878 (1) |
| Qingdao GRT Rubber Co., Ltd | C350 |
| (1) In the contested regulation, TARIC additional code C371 identifies the following exporting producers: Shanghai Huayi Group Corp. Ltd and Double Coin Group (Jiang Su) Tyre Co., Ltd. A new TARIC additional code was assigned to Double Coin Group (Jiang Su) Tyre Co., Ltd in the registration regulation referred to in recital (16) of this regulation. |
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