Commission Implementing Regulation (EU) 2023/1807 of 21 September 2023 amending Implementing Regulation (EU) 2019/72 imposing a definitive countervailing duty on imports of electric bicycles originating in the People’s Republic of China
Date: 2023-09-21
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: China, business name, countervailing charge, electric vehicle, import (EU), originating product, two-wheeled vehicle




L_2023234EN.01010301.xml










22.9.2023   


EN


Official Journal of the European Union


L 234/103








            COMMISSION IMPLEMENTING REGULATION (EU) 2023/1807
of 21 September 2023
         
amending Implementing Regulation (EU) 2019/72 imposing a definitive countervailing duty on imports of electric bicycles originating in the People’s Republic of China


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union (1), and in particular Article 24(1) thereof,

Whereas:







(1)


Imports of electric bicycles originating in the People’s Republic of China are subject to definitive countervailing duties imposed by Commission Implementing Regulation (EU) 2019/72 (2).












(2)


Jinhua Enjoycare Motive Technology Co., Ltd., TARIC (3) additional code C419, a company subject to a countervailing duty rate of 9,2 %, informed the Commission on 21 November 2022 that it had changed its name to Enjoycare Technology (Zhejiang) Co., Ltd.












(3)


The company requested the Commission to confirm that the change of name does not affect the right of the company to benefit from the duty rate for ‘Other cooperating companies listed in Annex I’ applied to it under its previous name.












(4)


The Commission examined the information supplied and concluded that the change of name was properly registered with the relevant authorities, and did not result in any new relationship with other groups of companies which were not investigated by the Commission.












(5)


Accordingly, this change of name does not affect the findings of Implementing Regulation (EU) 2019/72 and in particular the countervailing duty rate applicable to it.












(6)


The name change should take effect as of the date on which the company changed its name, i.e. 22 September 2022. The Commission requested the applicant to confirm whether this date was appropriate.












(7)


Given the considerations in the recitals above, the Commission considered it appropriate to amend Commission Implementing Regulation (EU) 2019/72 to reflect the changed name of the company previously attributed to additional TARIC code C419.












(8)


According to Article 25 of Regulation (EU) 2016/1037, the measures provided for in this Regulation are in accordance with the opinion of the Committee established by Regulation (EU) 2016/1036 of the European Parliament and of the Council (4),





HAS ADOPTED THIS REGULATION:



Article 1

1.   Annex I to Implementing Regulation (EU) 2019/72 is amended as follows:








‘Jinhua Enjoycare Motive Technology Co., Ltd.


Zhejiang


C419’





is replaced by








‘Enjoycare Technology (Zhejiang) Co., Ltd.


Zhejiang


C419’







2.   TARIC additional code C419 previously attributed to Jinhua Enjoycare Motive Technology Co., Ltd. shall apply to Enjoycare Technology (Zhejiang) Co., Ltd. as of 22 September 2022. Any definitive duty paid on imports of products manufactured by Enjoycare Technology (Zhejiang) Co., Ltd. in excess of the countervailing duty established in Article 1(2) of Implementing Regulation (EU) 2019/72 as regards Jinhua Enjoycare Motive Technology Co., Ltd. shall be repaid or remitted in accordance with the applicable customs legislation.



Article 2
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.
Done at Brussels, 21 September 2023.


For the Commission


The President

Ursula VON DER LEYEN
            





(1)  
            OJ L 176, 30.6.2016, p. 55.

(2)  Commission Implementing Regulation (EU) 2019/72 of 17 January 2019 imposing a definitive countervailing duty on imports of electric bicycles originating in the People’s Republic of China (OJ L 16, 18.1.2019, p. 5).

(3)  The Integrated Tariff of the European Union.

(4)  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 Union (OJ L 176, 30.6.2016, p. 21).