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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 14(1) thereof,Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Codenote (‘the Union Customs Code’), and in particular Article 56(5) thereof,Whereas:
HAS ADOPTED THIS REGULATION:
Article 1#
1.Article 1(1) of Implementing Regulation (EU) 2023/1618 is replaced by the following paragraph:‘1.A definitive anti-dumping duty is imposed on imports of tungsten carbide, fused tungsten carbide and tungsten carbide simply mixed with metallic powder, currently falling under CN codes 28499030 and ex38243000 (TARIC code 3824300010) and originating in the People’s Republic of China.’.
2.The following paragraphs are added to Article 1 of Implementing Regulation (EU) 2023/1618:‘4.The TARIC structure for non-agglomerated tungsten carbides mixed together or with metallic binders is replaced by the following:
- -Tungsten carbides
- -Other
- - -In the form of irregular and non-free-flowing particles, simply mixed with metallic powder
- - -Ready-to-press powder, in the form of spherical or granular shaped, homogeneous and free-flowing particles, simply mixed with metallic powder and/or other carbides, and an organic binder
- - -Other, in the form of spherical or granular shaped, homogeneous and free-flowing particles, simply mixed with metallic powder and/or other carbides
- - -Other, simply mixed with metallic powder and/or other carbides
382430001038243000203824300030382430004038243000905.The flowability, or lack thereof, of non-agglomerated tungsten carbides mixed together or with metallic binders, currently classified under 3824300010, 3824300020 and 3824300030, can be measured and established by using a calibrated funnel e.g. a HALL flow meter according to ISO standard 4490.’.
Article 2#
1.Imports under the TARIC codes mentioned in Article 1, except 3824300090, or any corresponding future codes, originating in the People’s Republic of China shall be subject to surveillance to allow the Commission to follow the statistical trends of imports of non-agglomerated tungsten carbides mixed together or with metallic binders, in accordance with Article 56(5) of Regulation (EU) No 952/2013.
2.Surveillance measures introduced by paragraph 1 shall cease when the anti-dumping duty on imports of tungsten carbide, fused tungsten carbide and tungsten carbide simply mixed with metallic powder originating in the People’s Republic of China is terminated or lapse.
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