Commission Implementing Regulation (EU) 2020/776 of 12 June 2020 imposing definitive countervailing duties on imports of certain woven and/or stitched glass fibre fabrics originating in the People's Republic of China and Egypt and amending Commission Implementing Regulation (EU) 2020/492 imposing definitive anti-dumping duties on imports of certain woven and/or stitched glass fibre fabrics originating in the People's Republic of China and Egypt
1. A definitive countervailing duty is imposed on imports of fabrics of woven and/or stitched continuous filament glass fibre rovings and/or yarns with or without other elements, excluding products which are impregnated or pre-impregnated (pre-preg), and excluding open mesh fabrics with cells with a size of more than 1,8 mm in both length and width and weighing more than 35 g/m 2 originating in the People's Republic of China and Egypt currently falling under CN codes ex 7019 39 00, ex 7019 40 00, ex 7019 59 00 and ex 7019 90 00 (TARIC codes 7019390080, 7019400080, 7019590080 and 7019900080).
2. The definitive countervailing 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:
Country concerned
Company
Definitive countervailing duty
TARIC additional code
PRC
Jushi Group Co. Ltd;
Zhejiang Hengshi Fiberglass Fabrics Co. Ltd;
Taishan Fiberglass Inc.
30,7 %
C531
PGTEX China Co. Ltd;
Chongqing Tenways Material Corp.
17,0 %
C532
Other companies cooperating in both anti-subsidy and anti-dumping investigation listed in the Annex I
24,8 %
See Annex I
Other companies cooperating in anti-dumping investigation but not in anti-subsidy investigation listed in the Annex II
30,7 %
See Annex II
All other companies
30,7 %
C999
Egypt
Jushi Egypt For Fiberglass Industry S.A.E;
Hengshi Egypt Fiberglass Fabrics S.A.E.
10,9 %
C533
All other companies
10,9 %
C999
3. The application of the individual countervailing duty rates specified for the companies mentioned in paragraph 2 or in Annexes I or II 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 (country concerned). 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. Unless otherwise specified, the provisions in force concerning customs duties shall apply.
5. In cases where the countervailing duty has been subtracted from the anti-dumping duty for certain exporting producers, refund requests under Article 21 of Regulation (EU) 2016/1037 shall also trigger the assessment of the dumping margin for that exporting producer prevailing during the refund investigation period.
Implementing Regulation (EU) 2020/492 is amended as follows:
(1)
Article 1(2) and (3) is replaced by the following:
‘2. 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:
Country concerned
Company
Definitive anti-dumping duty
TARIC additional code
PRC
Jushi Group Co. Ltd;
Zhejiang Hengshi Fiberglass Fabrics Co. Ltd;
Taishan Fiberglass Inc.
69,0 %
C531
PGTEX China Co. Ltd;
Chongqing Tenways Material Corp.
37,6 %
C532
Other companies cooperating in both anti-subsidy and anti-dumping investigation listed in the Annex I
37,6 %
See Annex I
Other companies cooperating in anti-dumping investigation but not in anti-subsidy investigation listed in the Annex II
34,0 %
See Annex II
All other companies
69,0 %
C999
Egypt
Jushi Egypt For Fiberglass Industry S.A.E;
Hengshi Egypt Fiberglass Fabrics S.A.E.
20,0 %
C533
All other companies
20,0 %
C999
3. The application of the individual duty rates specified for the companies listed in paragraph 2 or in Annexes I or II 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 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 (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.’
(2)
A new Article 1(5) is inserted:
‘5. Should the definitive countervailing duties imposed by Article 1 of Commission Implementing Regulation (EU) 2020/776 ( *2 ) be modified or removed, the duties specified in paragraph 2 or in Annexes I or II will be increased by the same proportion limited to the actual dumping margin found or the injury margin found as appropriate per company and from the entry into force of this Regulation.
( *2 ) Commission Implementing Regulation (EU) 2020/776 of 12 June 2020 imposing definitive countervailing duties on imports of certain woven and/or stitched glass fibre fabrics originating in the People's Republic of China and Egypt and amending Commission Implementing Regulation (EU) 2020/492 imposing definitive anti-dumping duties on imports of certain woven and/or stitched glass fibre fabrics originating in the People's Republic of China and Egypt ( OJ L 189, 15.6.2020, p. 1 ).’
"
(3)
A new Article 1(6) is inserted:
‘6. In cases where the countervailing duty has been subtracted from the anti-dumping duty for certain exporting producers, refund requests under Article 21 of Regulation (EU) 2016/1037 shall also trigger the assessment of the dumping margin for that exporting producer prevailing during the refund investigation period.’
(4)
The Annex is replaced by Annex I and Annex II.
1. Customs authorities are hereby directed to discontinue the registration of imports established in accordance with Article 1 of Implementing Regulation (EU) 2020/44.
2. No definitive countervailing duty will be levied retroactively for registered imports.
3. Data collected in accordance with Article 1 of Implementing Regulation (EU) 2020/44 shall no longer be kept.
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union .
Supplementary provisions
ANNEX ISupplementary provisions
ANNEX I
Other companies cooperating in both anti-subsidy and anti-dumping investigation
Name of the Company
TARIC additional code
Changshu Dongyu Insulated Compound Materials Co., Ltd
B995
Changzhou Pro-Tech Industry Co., Ltd
C534
Jiangsu Changhai Composite Materials Holding Co., Ltd;
C535
Neijiang Huayuan Electronic Materials Co., Ltd
C537
NMG Composites Co., Ltd
C538
Zhejiang Hongming Fiberglass Fabrics Co., Ltd
C539
ANNEX IISupplementary provisions
ANNEX II
Other companies cooperating in anti-dumping investigation but not in anti-subsidy investigation
Name of the Company
TARIC additional code
Jiangsu Jiuding New Material Co., Ltd
C536
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
