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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 7 thereof,After consulting the Member StatesWhereas:
HAS ADOPTED THIS REGULATION:
Article 1#
1.A provisional anti-dumping duty is imposed on imports of mobile access equipment designed for the lifting of persons, self-propelled, with a maximum working height of 6 meters or more, and imports of pre-assembled or ready-to-assemble sections thereof, excluding individual components when presented separately, and excluding person lifting equipment mounted on vehicles of Chapter 86 and Chapter 87 of the Harmonised System, currently falling under CN codes ex84271010, ex84272019, ex84289090, ex84312000 and ex84313900 (TARIC codes: 8427101010, 8427201910, 8428909020, 8431200060 and 8431390010), and originating in the People’s Republic of China.
2.The rates of the provisional anti-dumping duty applicable for 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 | Provisional anti-dumping duty | TARIC additional codeHunan Sinoboom Intelligent Equipment Co., Ltd. | 55,3 % | 89DLOshkosh JLG (Tianjin) Equipment Technology Co., Ltd. | 23,6 % | 89DMTerex (Changzhou) Machinery Co., Ltd. | 14,3 % | 89DNZhejiang Dingli Machinery Co., Ltd. | 31,3 % | 89DOOther cooperating companies | 28 % | See AnnexAll other companies | 55,3 % | 8999
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 concerned) sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in (the 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.The release for free circulation in the Union of the product referred to in paragraph 1 shall be subject to the provision of a security deposit equivalent to the amount of the provisional duty.
5.Where a declaration for release for free circulation is presented in respect of the product referred to in paragraph 1, irrespective of its origin, the number of items imported shall be entered in the relevant field of that declaration, provided this indication is compatible with Annex I to Regulation (EEC) No 2658/87.
6.In cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is apportioned for the determination of the customs value pursuant to Article 131(2) of Commission Implementing Regulation (EU) 2015/2447note the amount of anti-dumping duty, calculated on the basis of the amounts set above, shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable.
7.Customs authorities are hereby directed to discontinue the registration of imports established in accordance with Article 1 of Implementing Regulation (EU) 2024/1450.The data on imports registered in accordance with Article 1 of Implementing Regulation (EU) 2024/1450 shall be kept until the entry into force of possible definitive measures, or the termination of this proceeding.
8.Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2#
1.Interested parties shall submit their written comments on this regulation to the Commission within 15 calendar days of the date of entry into force of this Regulation.
2.Interested parties wishing to request a hearing with the Commission shall do so within 5 calendar days of the date of entry into force of this Regulation.
3.Interested parties wishing to request a hearing with the Hearing Officer in trade proceedings are invited do so within 5 calendar days of the date of entry into force of this Regulation. The Hearing Officer shall examine requests submitted outside this time limit and may decide whether to accept to such requests if appropriate.
Article 3#
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.Article 1 shall apply for a period of six months.
People’s Republic of China (PRC) cooperating exporting producers not sampled:
| Country | Name | TARIC additional code |
|---|---|---|
| PRC | Lingong Heavy Machinery Co., Ltd. | 89DP |
| PRC | Zoomlion Intelligent Access Machinery Co., Ltd. | 89DQ |
| PRC | XCMG Fire Fighting Safety Equipment Co., Ltd. | 89DR |
| PRC | Sunward Intelligent Equipment Co., Ltd. | 89DS |
| PRC | Haulotte Access Equipment Manufacturing (Changzhou) Co., Ltd. | 89DT |
| PRC | Fronteq (Changzhou) Machinery Co., Ltd. | 89DU |
| PRC | Jiangsu Liugong Machinery Co., Ltd. | 89DV |
| PRC | Hangcha Group Co., Ltd. | 89DW |
| PRC | Shandong Chufeng Heavy Industry Machinery Co., Ltd. | 89DX |
| PRC | Reeslift Ltd. | 89DY |
| PRC | Mantall Heavy Industry Co., Ltd | 89DZ |
| PRC | Shandong Qiyun Group Co., Ltd | 89EA |
| PRC | Jinan Juxin Machinery Co., Ltd | 89EB |
| PRC | Shandong Yuntian Intelligent Machinery Equipment Co., Ltd. | 89EC |
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