Commission Implementing Regulation (EU) 2019/262 of 14 February 2019 amending Council Implementing Regulation (EU) No 430/2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in the People's Republic of China and Thailand and terminating the proceeding with regard to Indonesia
Commission Implementing Regulation (EU) 2019/262of 14 February 2019amending Council Implementing Regulation (EU) No 430/2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in the People's Republic of China and Thailand and terminating the proceeding with regard to Indonesia THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to 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 UnionOJ L 176, 30.6.2016, p. 21., and in particular Article 9(4) thereof,Whereas:(1)By Implementing Regulation (EU) No 430/2013Council Implementing Regulation (EU) No 430/2013 of 13 May 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in the People's Republic of China and Thailand and terminating the proceeding with regard to Indonesia (OJ L 129, 14.5.2013, p. 1)., the Council imposed a definitive anti-dumping duty at rates ranging from 14,9 % to 57,8 % on imports of threaded tube or pipe cast fittings, of malleable cast iron, excluding bodies of compression fittings using ISO DIN 13 metric thread and malleable iron threaded circular junction boxes without having a lid, currently falling within Combined Nomenclature ("CN") code ex73071910 (TARIC code 7307191010) and originating in the People's Republic of China and Thailand.(2)By judgment of 12 July 2018 in Joined Cases C-397/17 and C-398/17, Profit EuropeJudgment of the Court of Justice of 12 July 2018, Joined Cases C-397/17 and C-398/17, Profit Europe NV v Belgische Staat, ECLI:EU:C:2018:564., the Court of Justice held that the CN must be interpreted as meaning that the cast tube or pipe fittings of spheroidal graphite cast iron must be classified under the residual subheading 73071990 as other cast fittings, rather than under subheading 73071110 as fittings of non-malleable cast iron, or under CN subheading 73071910 as fittings of malleable cast iron.(3)Following that judgment, the Explanatory Notes to the Combined Nomenclature to CN code 73071910 were modified, removing fittings of spheroidal graphite cast iron from that CN code.(4)Commission Regulation (EU) No 1071/2012Commission Regulation (EU) No 1071/2012 of 14 November 2012 imposing a provisional anti-dumping duty on imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in the People's Republic of China and Thailand (OJ L 318, 15.11.2012, p. 10)., imposing a provisional anti-dumping on imports of threaded tube or pipe cast fittings, of malleable cast iron, explicitly referred to the classification of threaded tube or pipe cast fittings of spheroidal graphite cast iron (also known as ductile cast iron) under CN code 73071910. Implementing Regulation (EU) No 430/2013 continues to refer to that classification under CN code 73071910 as fittings of malleable cast iron. The reference to the CN code is now inconsistent with the Court of Justice's case-law and with the Explanatory Notes to the Combined Nomenclature to CN code 73071910.(5)Therefore, CN code ex73071990 and the corresponding TARIC code should also be included among the codes listed in Implementing Regulation (EU) No 430/2013 with regard to goods the imports of which are subject to the definitive anti-dumping duty.(6)To ensure the effective collection of the anti-dumping duties in place, Implementing Regulation (EU) No 430/2013 should be amended accordingly.(7)The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EU) 2016/1036,HAS ADOPTED THIS REGULATION:
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