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
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Article 1
1 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. CompanyCountervailing dutyTARIC Additional CodeGITI Tire (Anhui) Company Co., Ltd; GITI Tire (Fujian) Company, Co., Ltd; GITI Tire (Hualin) Company Co., Ltd; GITI Tire (Yinchuan) Company Co., Ltd11,07C332Chongqing Hankook Tire Co., Ltd; Jiangsu Hankook Tire Co., Ltd3,75C334Aeolus Tyre Co., Ltd, Aeolus Tyre (Taiyuan) Co., Ltd; Qingdao Yellow Sea Rubber Co., Ltd; Pirelli Tyre Co., Ltd39,77C877Other companies subject to this reimposition cooperating in both anti- subsidy and anti-dumping investigation listed in the Annex27,69Zhongce Rubber Group Co., Ltd57,28C379Weifang Yuelong Rubber Co., Ltd57,28C875Hefei Wanli Tire Co., Ltd57,28C876
Article 2
Any definitive countervailing duty paid by 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.
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