Contents
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 14(1) thereof,Whereas:
(1)Imports of certain iron or steel fasteners originating in China are subject to definitive anti-dumping duties imposed by Commission Implementing Regulation (EU) 2022/191note.
(2)Two TARICnote codes 7318220031 and 7318220095, ‘consigned from Malaysia’, that originate from a prior anti-circumvention investigation concerning the same product should have been closed when the anti-dumping measures expired on 28 February 2016.
(3)Those codes were inadvertently retained in Implementing Regulation (EU) 2022/191 and anti-dumping duties were collected without a valid legal basis since 2022. Any such duties collected should therefore be repaid in accordance with the applicable customs legislation.
(4)The Commission examined the case and concluded that the codes should be deleted from Implementing Regulation (EU) 2022/191.
(5)The deletion of the codes should therefore be done retroactively and should take effect as of 18 February 2022, which is the date of entry into force of Implementing Regulation (EU) 2022/191.
(6)For those reasons, it is appropriate to amend Implementing Regulation (EU) 2022/191 to reflect the deletion of the two TARIC codes.
(7)The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EU) 2016/1036,
HAS ADOPTED THIS REGULATION:
Article 1#
In Article 1 of Implementing Regulation (EU) 2022/191, paragraph 1 is replaced by the following:‘1.A definitive anti-dumping duty is imposed on imports of certain fasteners of iron or steel, other than of stainless steel, i.e. wood screws (excluding coach screws), self-tapping screws, other screws and bolts with heads (whether or not with their nuts or washers, but excluding screws and bolts for fixing railway track construction material), and washers originating in the People’s Republic of China, currently classified under CN codes 73181290, 73181491, 73181499, 73181558, 73181568, 73181582, 73181588, ex73181595 (TARIC codes 7318159519 and 7318159589), ex73182100 (TARIC codes 7318210031, 7318210039, 7318210095 and 7318210098) and ex73182200 (TARIC codes 7318220039 and 7318220098).’
Article 2#
Any definitive duty paid pursuant to Article 1 of Implementing Regulation (EU) 2022/191 on imports of products falling within TARIC codes 7318220031 and 7318220095 shall be repaid in accordance with the applicable customs legislation.
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