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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, and in particular Article 11(2) thereof,Whereas:
HAS ADOPTED THIS REGULATION:
Article 1#
1.A definitive anti-dumping duty is hereby imposed on imports of hand pallet trucks and their essential parts, i.e. chassis and hydraulics, currently falling under CN codes ex84279000 (TARIC code 8427900019) and ex84312000 (TARIC code 8431200019), originating in the People’s Republic of China.
2.For the purpose of this Regulation, hand pallet trucks shall be trucks with wheels supporting lifting fork arms for handling pallets, designed to be manually pushed, pulled and steered, on smooth, level, hard surfaces, by a pedestrian operator using an articulated tiller. The hand pallet trucks are only designed to raise a load, by pumping the tiller, to a height sufficient for transporting and do not have any other additional functions or uses such as for example (i) to move and to lift the loads in order to place them higher or assist in storage of loads (high lifters); (ii) to stack one pallet above the other (stackers); (iii) to lift the load to a working level (scissor lifts); or (iv) to lift and to weigh the loads (weighing trucks).
3.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 | Anti-dumping duty | TARIC additional codeZhejiang Noblelift Equipment Joint Stock Co. Ltd | 70,8 % | A603Ningbo Logitrans Handling Equipment Co., Ltd | 54,1 % | A070All other companies | 70,8 % | A999
4.Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2#
1.The definitive anti-dumping duty set out in Article 1, paragraph 3, is hereby extended to the same product but presented at import with a so-called ‘weight indication system’ consisting of a weighing mechanism not integrated in the chassis, that is to say not integrated in the forks, currently falling under TARIC codes 8427900030 and 8431200050.
2.The definitive anti-dumping duty applicable to ‘all other companies’ set out in Article 1, paragraph 3, is hereby extended to imports of the same hand pallet trucks consigned from Thailand, currently falling under TARIC codes 8427900011 and 8431200011, whether declared as originating in Thailand or not.
Article 3#
1.Requests for exemption from the duty extended by Article 2 shall be made in writing in one of the official languages of the European Union and must be signed by a person authorised to represent the applicant. The request must be sent to the following address:European CommissionDirectorate-General for TradeDirectorate GRue de la Loi 170/Wetstraat 170, CHAR 04/0341049 Bruxelles/BrusselBELGIQUE/BELGIËEmail: TRADE-TDI-INFORMATION@ec.europa.eu
2.In accordance with Article 13(4) of Regulation (EU) 2016/1036, the Commission, after consulting the Advisory Committee, may authorise, by decision, the exemption of imports from companies which do not circumvent the anti-dumping measures imposed by Article 1, from the duty extended by Article 2.
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