Commission 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
Corrected by
  • Corrigendum to Commission 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, 32023R0738R(01), November 6, 2023
Commission Implementing Regulation (EU) 2023/738of 4 April 2023re-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 11.A definitive countervailing duty is hereby imposed 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, currently falling under CN codes 40112090 and ex40121200 (TARIC code 4012120010) and originating in the People's Republic of China as far as the companies listed in paragraph (2) are concerned.2.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.
The TARIC code C333 seizes to exist and C877 is applicable to the entire group.
CompanyCountervailing dutyTARIC Additional Code
GITI Tire (Anhui) Company Co., Ltd; GITI Tire (Fujian) Company, Co., Ltd; GITI Tire (Hualin) Company Co., Ltd; GITI Tire (Yinchuan) Company Co., Ltd11,07C332
Chongqing Hankook Tire Co., Ltd; Jiangsu Hankook Tire Co., Ltd3,75C334
Aeolus Tyre Co., Ltd, Aeolus Tyre (Taiyuan) Co., Ltd; Qingdao Yellow Sea Rubber Co., Ltd; Pirelli Tyre Co., Ltd39,77C877
Other companies subject to this reimposition cooperating in both anti- subsidy and anti-dumping investigation listed in the Annex27,69
Zhongce Rubber Group Co., Ltd57,28C379
Weifang Yuelong Rubber Co., Ltd57,28C875
Hefei Wanli Tire Co., Ltd57,28C876
Article 2Any 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 3The 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 4Customs 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 5This 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.ANNEXCompanies cooperating in both anti-subsidy and anti-dumping investigations subject to this re-imposition:
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.
COMPANY NAMEADDITIONAL TARIC CODE
Chaoyang Long March Tyre Co., LtdC338
Triangle Tyre Co., LtdC375
Shandong Wanda Boto Tyre Co., LtdC366
Qingdao Doublestar Tire Industrial Co., LtdC347
Ningxia Shenzhou Tire Co., LtdC345
Guizhou Tyre Co., LtdC340
Shandong Huasheng Rubber Co., LtdC360
Prinx Chengshan (Shandong) Tire Co., LtdC346
Shandong Linglong Tyre Co., LtdC363
Shandong Jinyu Tire Co., LtdC362
Sailun Group Co., LtdC351
Shandong Kaixuan Rubber Co., LtdC353
Weifang Shunfuchang Rubber And Plastic Products Co., LtdC377
Shandong Hengyu Science & Technology Co., LtdC358
Jiangsu General Science Technology Co., LtdC341
Shanghai Huayi Group Corp. Ltd; Double Coin Group (Jiang Su) Tyre Co., LtdC878
Qingdao GRT Rubber Co., LtdC350
Article 11.A definitive countervailing duty is hereby imposed 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, currently falling under CN codes 40112090 and ex40121200 (TARIC code 4012120010) and originating in the People's Republic of China as far as the companies listed in paragraph (2) are concerned.2.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.
The TARIC code C333 seizes to exist and C877 is applicable to the entire group.
CompanyCountervailing dutyTARIC Additional Code
GITI Tire (Anhui) Company Co., Ltd; GITI Tire (Fujian) Company, Co., Ltd; GITI Tire (Hualin) Company Co., Ltd; GITI Tire (Yinchuan) Company Co., Ltd11,07C332
Chongqing Hankook Tire Co., Ltd; Jiangsu Hankook Tire Co., Ltd3,75C334
Aeolus Tyre Co., Ltd, Aeolus Tyre (Taiyuan) Co., Ltd; Qingdao Yellow Sea Rubber Co., Ltd; Pirelli Tyre Co., Ltd39,77C877
Other companies subject to this reimposition cooperating in both anti- subsidy and anti-dumping investigation listed in the Annex27,69
Zhongce Rubber Group Co., Ltd57,28C379
Weifang Yuelong Rubber Co., Ltd57,28C875
Hefei Wanli Tire Co., Ltd57,28C876
Article 2Any 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 3The 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 4Customs 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 5This 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.ANNEXCompanies cooperating in both anti-subsidy and anti-dumping investigations subject to this re-imposition:
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.
COMPANY NAMEADDITIONAL TARIC CODE
Chaoyang Long March Tyre Co., LtdC338
Triangle Tyre Co., LtdC375
Shandong Wanda Boto Tyre Co., LtdC366
Qingdao Doublestar Tire Industrial Co., LtdC347
Ningxia Shenzhou Tire Co., LtdC345
Guizhou Tyre Co., LtdC340
Shandong Huasheng Rubber Co., LtdC360
Prinx Chengshan (Shandong) Tire Co., LtdC346
Shandong Linglong Tyre Co., LtdC363
Shandong Jinyu Tire Co., LtdC362
Sailun Group Co., LtdC351
Shandong Kaixuan Rubber Co., LtdC353
Weifang Shunfuchang Rubber And Plastic Products Co., LtdC377
Shandong Hengyu Science & Technology Co., LtdC358
Jiangsu General Science Technology Co., LtdC341
Shanghai Huayi Group Corp. Ltd; Double Coin Group (Jiang Su) Tyre Co., LtdC878
Qingdao GRT Rubber Co., LtdC350