13 Nov 2018
Commodity: Pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries, with a load index exceeding 121, currently falling within CN codes 4011 20 90 and ex 4012 12 00 (TARIC code 4012120010).
Countries/Economies: The Chinese mainland.
Action: On 12 November 2018, the Official Journal published Commission Implementing Regulation 2018/1690 imposing definitive countervailing duties on imports of certain pneumatic tyres originating in the Chinese mainland. This new Regulation also amends Commission Implementing Regulation 2018/1579 imposing a definitive anti-dumping duty on imports of the product concerned. It may be recalled that, given that the European Commission had imposed provisional measures in the parallel anti-dumping case in May 2018, it decided not to impose provisional measures in the present (anti-subsidy) case. Concluding on subsidisation, given the high rate of cooperation of Chinese exporting producers, the Commission set the amount for ‘all other companies’ at the level of the highest amount established for the sampled companies. The ‘all other companies’ amount was applied to those companies which did not cooperate in the investigation. As for injury, the Commission concluded that the Union industry as a whole was under intense pressure. The Regulation notes as follows: there was a reduction of production capacity, investment and employment over the period considered and a remarkable loss of market share despite the ongoing decrease in sales prices. Chinese imports were substantially undercutting Union industry prices. Profitability of the Union industry as a whole also declined, and even faster toward the end of the period considered. In addition, stocks of all types of tyres increased, in particular during the investigation period, negatively impacting the financial situation of the Union industry.
Rates: The definitive countervailing duty, applicable in euros per item of the product concerned, ranges from 3.75 euros to 57.28 euros for listed entities, and is 57.28 euros for all other companies. Commission Implementing Regulation 2018/1579 imposing a definitive anti-dumping duty is amended as follows. The definitive anti-dumping duty applicable in euros per item of the product concerned ranges from 0 to 38.98 euros for listed entities and is 4.48 euros for all other companies.
Dates: Commission Implementing Regulation 2018/1690 is scheduled to enter into force the day after its publication.
Commodity: Lever arch mechanisms, currently falling within CN code ex 8305 10 00 (TARIC codes 8305 10 00 50).
Countries/Economies: The Chinese mainland.
Action: On 9 November 2018, the Official Journal published Commission Implementing Regulation 2018/1684 imposing a definitive anti-dumping duty on imports of lever arch mechanisms originating in the Chinese mainland, following an expiry review. It will be recalled that anti-dumping measures have been imposed since 2006 on this product. The most recent expiry review was launched by the Commission on 1 September 2017. It was noted by the Commission that, given the significant overcapacity which it found in mainland China, the limited size of the Chinese domestic market, and the attractiveness of the Union market, the conclusion reached was that Chinese imports of the product under review to the Union would increase in significant quantities should anti-dumping measures be allowed to lapse. The Commission found in addition that those imports would likely be made at dumped prices. There was therefore believed to be a strong likelihood of recurrence of dumping should measures lapse. As regards findings on injury to the Union industry, it is reported that the investigation showed that during the period considered, due to the anti-dumping duties in place, the Union industry was able to continue to recover from the injury previously suffered. Injury indicators like production, capacity utilisation and market share all showed positive trends and profitability remained, for the whole period, above the target profit. This enabled the Union industry to invest in productivity-increasing measures, to reduce the unit cost of production while average labour costs increased. The Commission concluded that a repeal of the measures would in all likelihood result in a significant increase of Chinese-dumped imports at prices undercutting the Union industry prices and resulting in re-establishing the injurious situation suffered by the Union industry at the time when measures were first implemented. As a consequence, the viability of the Union industry would be at serious risk.
Rates: The rate of the definitive anti-dumping duty is 27.1% for imports from DongGuan Humen Nanzha World Wide Stationery Mfg. Co., Ltd., and 47.4% for imports from all other companies.
Dates: Regulation 2018/1684 imposing a definitive anti-dumping duty on imports of lever arch mechanisms entered into force on the day following that of its publication in the Official Journal.