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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 Unionnote (‘the basic Regulation’), and in particular Article 11(2) thereof,Whereas:
HAS ADOPTED THIS REGULATION:
Article 1#
1.A definitive anti-dumping duty is imposed on imports of certain flat-rolled products of iron, non-alloy steel or other alloy steel, whether or not in coils (including ‘cut-to-length’ and ‘narrow strip’ products), not further worked than hot-rolled, not clad, plated or coated, currently falling under CN codes 72081000, 72082500, 72082600, 72082700, 72083600, 72083700, 72083800, 72083900, 72084000, 72085210, 72085299, 72085310, 72085390, 72085400, 72111300, 72111400, 72111900, ex72251910 (TARIC code 7225191090), 72253090, ex72254060 (TARIC code 7225406090), 72254090, ex72261910 (TARIC codes 7226191091, 7226191095), 72269191 and 72269199 and originating in the People’s Republic of China.The following products are not covered by this review:
(i)products of stainless steel and grain-oriented silicon electrical steel,
(ii)products of tool steel and high-speed steel,
(iii)products, not in coils, without patterns in relief, of a thickness exceeding 10 mm and of a width of 600 mm or more, and
(iv)products, not in coils, without patterns in relief, of a thickness of 4,75 mm or more but not exceeding 10 mm and of a width of 2050 mm or more.
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:Country | Company | Anti-dumping duty | TARIC additional codePeople’s Republic of China | Bengang Steel Plates Co., Ltd. | 0 % | C157| Handan Iron & Steel Group Han-Bao Co., Ltd. | 10,3 % | C158| Hesteel Co., Ltd. Tangshan Branch | 10,3 % | C159| Hesteel Co., Ltd. Chengde Branch | 10,3 % | C160| Zhangjiagang Hongchang Plate Co., Ltd. | 31,3 % | C161| Zhangjiagang GTA Plate Co., Ltd. | 31,3 % | C162| Shougang Jingtang United Iron and Steel Co. Ltd. | 0 % | C164| Beijing Shougang Co. Ltd., Qian’an Iron & Steel branch | 0 % | C208| Angang Steel Company Limited | 10,8 % | C150| Inner Mongolia Baotou Steel Union Co., Lt | 0 % | C151| Jiangyin Xingcheng Special Steel Works Co., Ltd. | 0 % | C147| Shanxi Taigang Stainless Steel Co., Ltd. | 0 % | C163| Maanshan Iron & Steel Co., Ltd | 10,8 % | C165| Rizhao Steel Wire Co., Ltd. | 10,8 % | C166| Rizhao Baohua New Material Co., Ltd. | 10,8 % | C167| Tangshan Yanshan Iron and Steel Co., Ltd. | 0 % | C168| Wuhan Iron & Steel Co., Ltd. | 10,8 % | C156| All other companies | 0 % | 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 (product under review) sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in [country concerned]. 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.Where any new exporting producer in the People’s Republic of China provides sufficient evidence to the Commission that:
(a)it did not export the goods described in Article 1(1) originating in the People’s Republic of China during the period between 1 January 2015 and 31 December 2015 (original investigation period);
(b)it is not related to an exporter or producer subject to the measures imposed by this Regulation; and
(c)it has either actually exported the product under review originating in the People’s Republic of China or has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the end of the original investigation period after the end of the period of investigation
Article 1(2) may be amended by adding the new exporting producer to the list of companies identified in the table and subject to an individual duty not exceeding the duty rate applicable to those companies that cooperated in the anti-dumping investigation but not in the anti-subsidy investigation, i.e. 0 %.
5.Should the definitive countervailing duties imposed by Article 1 of Commission Implementing Regulation (EU) 2017/969 be modified or removed, the duties specified in paragraph 2 will be increased by the same proportion limited to the actual dumping margin found or the injury margin found as appropriate per company and from the entry into force of this Regulation.In cases where the countervailing duty has been subtracted from the anti-dumping duty for certain exporting producers, refund requests under Article 21 of Regulation (EU) 2016/1037 shall also trigger the assessment of the dumping margin for that exporting producer prevailing during the refund investigation period. The amount to be reimbursed to the applicant for refund cannot exceed the difference between the duty collected and the combined countervailing and anti-dumping duty established in the refund investigation.
6.Unless otherwise specified, the provisions in force concerning customs duties shall apply.
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