02018R0140 — EN — 16.02.2019 — 001.001

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Amended by:









▼B

COMMISSION IMPLEMENTING REGULATION (EU) 2018/140

of 29 January 2018

imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain cast iron articles originating in the People's Republic of China and terminating the investigation on imports of certain cast iron articles originating in India







Article 1

▼M1

1. A definitive anti-dumping duty is imposed on imports of certain articles of lamellar graphite cast iron (grey iron) or spheroidal graphite cast iron (also known as ductile cast iron), and parts thereof currently falling within CN codes ex 7325 10 00 (TARIC code 7325100031 ), and ex 7325 99 90 (TARIC code 7325999080 ) and originating in the People's Republic of China.

These articles are of a kind used to:

— cover ground or sub-surface systems, and/or openings to ground or sub-surface systems, and also

— give access to ground or sub-surface systems and/or provide view to ground or sub-surface systems.

The articles may be machined, coated, painted and/or fitted with other materials such as but not limited to concrete, paving slabs, or tiles.

The following product types are excluded from the definition of the product concerned:

— channel gratings and cast tops subject to standard EN 1433, to be fitted as a component on channels in polymer, plastic, galvanised steel or concrete allowing surface water to flow into the channel,

— floor drains, roof drains, cleanouts and covers for cleanouts, subject to standard EN 1253,

— step irons, lifting keys, and fire hydrants.

▼B

2. The rates of the definitive anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty, of the product described in paragraph 1 and produced by the companies listed below shall be as follows:







Company Duty (%) TARIC additional code Botou City Wangwu Town Tianlong Casting Factory 15,5 C221 Botou Lisheng Casting Industry Co., Ltd 31,5 C222 Fengtai (Handan) Alloy Casting Co., Ltd 38,1 C223 Hong Guang Handan Cast Foundry Co., Ltd 21,3 C224 Shijiazhuang Transun Metal Products Co., Ltd 25,0 C225 Other cooperating companies listed in Annex 25,4 See Annex All other companies 38,1 C999

3. The application of the individual duty rates specified for the companies mentioned in paragraph 2 shall be conditional upon presentation to the Member States' customs authorities of a valid commercial invoice, on which shall appear a declaration dated and signed by an official of the entity issuing such invoice, identified by his/her name and function, drafted as follows: ‘I, the undersigned, certify that the (volume) of certain castings sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in the People's Republic of China. I declare that the information provided in this invoice is complete and correct.’ If no such invoice is presented, the duty applicable to all other companies shall apply.

4. Unless otherwise specified, the relevant provisions in force concerning customs duties shall apply. The default interest to be paid in case of reimbursement that gives rise to a right to payment of default interest shall be the rate applied by the European Central Bank to its principal refinancing operations, as published in the C series of the Official Journal of the European Union, in force on the first calendar day of the month in which the deadline falls, increased by one percentage point.

Article 2

The amounts secured by way of the provisional anti-dumping duty under Implementing Regulation (EU) 2017/1480 shall be definitively collected. The amounts secured in excess of the definitive rates of the anti-dumping duty shall be released.

Article 3

Where any new exporting producer in the People's Republic of China provides sufficient evidence to the Commission that:

— it did not export to the Union the product described in Article 1(1) during the investigation period (1 October 2015 to 30 September 2016),

— it is not related to any of the exporters or producers in the People's Republic of China which are subject to the measures imposed by this Regulation,

— it has actually exported to the Union the product concerned after the investigation period on which the measures are based, or it has entered into an irrevocable contractual obligation to export a significant quantity to the Union,

Article 1(2) shall be amended, after giving all interested parties the possibility to comment, by adding the new exporting producer to the cooperating companies not included in the sample and thus subject to the weighted average duty rate.

Article 4

The anti-dumping proceeding concerning imports of the product mentioned in Article 1(1) originating in India is hereby terminated.

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

Chinese cooperating exporting producers not sampled: