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Document 02016R0113-20160129

Consolidated text: Commission Implementing Regulation (EU) 2016/113 of 28 January 2016 imposing a provisional anti-dumping duty on imports of high fatigue performance steel concrete reinforcement bars originating in the People's Republic of China

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Legal status of the document In force

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ELI: http://data.europa.eu/eli/reg/2016/113/2016-01-29

02016R0113 — EN — 29.01.2016 — 000.001

This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document

►B

►C1   COMMISSION IMPLEMENTING REGULATION (EU) 2016/113 ◄

of 28 January 2016

imposing a provisional anti-dumping duty on imports of high fatigue performance steel concrete reinforcement bars originating in the People's Republic of China

(OJ L 023 29.1.2016, p. 16)


Corrected by:

►C1

Corrigendum, OJ L 075, 22.3.2016, p.  72 (2016/113)



▼B

▼C1

COMMISSION IMPLEMENTING REGULATION (EU) 2016/113

▼B

of 28 January 2016

imposing a provisional anti-dumping duty on imports of high fatigue performance steel concrete reinforcement bars originating in the People's Republic of China



Article 1

1.  
A provisional anti-dumping duty is hereby imposed on imports high fatigue performance iron or steel concrete reinforcing bars and rods made of iron, non-alloy steel or alloy steel (but excluding of stainless steel, high-speed steel and silico-manganese steel), not further worked than hot-rolled, but including those twisted after rolling; these bars and rods contain indentations, ribs, grooves or other deformations produced during the rolling process or are twisted after rolling; the key characteristic of high fatigue performance is the ability to endure repeated stress without breaking and, specifically, the ability to resist in excess of 4,5 million fatigue cycles using a stress ratio (min/max) of 0,2 and a stress range exceeding 150 MPa, currently falling within CN codes ex 7214 20 00 , ex 7228 30 20 , ex 7228 30 41 , ex 7228 30 49 , ex 7228 30 61 , ex 7228 30 69 , ex 7228 30 70 and ex 7228 30 89 (TARIC codes 7214200010 , 7228302010 , 7228304110 , 7228304910 , 7228306110 , 7228306910 , 7228307010 and 7228308910 ) and originating in the People's Republic of China.
2.  

The rates of the provisional 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 below shall be:



Company

Duty (%)

TARIC additional code

Jiangyin Xicheng Steel Co., Ltd, Jiangyin

9,2

C060

Jiangyin Ruihe Metal Products Co., Ltd, Jiangyin

9,2

C061

Jiangsu Yonggang Group Co., Ltd, Zhangjiagang

13,0

C062

Jiangsu Lianfeng Industrial Co., Ltd, Zhangjiagang

13,0

C063

Zhangjiagang Hongchang High Wires Co., Ltd, Zhangjiagang

13,0

C064

Zhangjiagang Shatai Steel Co., Ltd, Zhangjiagang

13,0

C065

All other companies

13,0

C999

3.  
The application of the individual duty rate specified for the companies mentioned in paragraph 2 shall be conditional upon presentation to the customs authorities of the Member States 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 People's republic of China. I declare that the information provided in this invoice is complete and correct.’ If no such invoice is presented, the duty rate 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 equivalent to the amount of the provisional duty.
5.  
Unless otherwise specified, the provisions in force concerning customs duties shall apply.

Article 2

1.  

Within 25 calendar days of the date of entry into force of this Regulation, interested parties may:

(a) 

Request disclosure of the essential facts and considerations on the basis of which this Regulation was adopted;

(b) 

Submit their written comments to the Commission; and

(c) 

Request a hearing with the Commission and/or the Hearing Officer in trade proceedings.

2.  
Within 25 calendar days of the date of entry into force of this Regulation, the parties referred to in Article 21(4) of Regulation (EC) No 1225/2009 may comment on the application of the provisional measures.

Article 3

1.  
Customs authorities are hereby directed to discontinue the registration of imports established in accordance with Article 1 of Regulation (EU) 2015/2386.
2.  
Data collected regarding products which were entered for consumption not more than 90 days prior to the date of entry into force of this regulation shall be kept until the entry into force of possible definitive measures, or the termination of this proceeding.

Article 4

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Article 1 of this Regulation shall apply for a period of six months.

This Regulation shall be binding in its entirety and directly applicable in all Member States.


( 1 )  OJ L 343, 22.12.2009, p. 51.

( 2 )  OJ C 143, 30.4.2015, p. 12.

( 3 )  OJ L 332, 18.12.2015, p. 111.

( 4 ) C-687/13 of 10 September 2015, para 68.

( 5 ) That method has been accepted by the General Court in case T-423/09 Dashiqiao v Council/Judgment of 16 Dec 2011, para 34 to 50

( 6 ) Case C-315/90 Gimelec v Commission EU:C:1991:447, paragraphs 16 to 29; Report of the WTO Appellate Body 24.7.2001, WT/DS184/AB/R, para 181 to 215.

( 7 )  European Commission, Directorate-General for Trade, Directorate H, CHAR 04/039, 1049 Brussels, Belgium.

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