Article 1
Open ↗1. A definitive anti-dumping duty is imposed on imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries, with a load index exceeding 121, currently falling under CN codes 4011 20 90 and ex 4012 12 00 (TARIC code 4012 12 00 10) and originating in the People's Republic of China. 2. The definitive anti-dumping duties applicable in euros per item of the product described in paragraph 1 and produced by the companies listed below shall be as follows: Country of origin Company Anti-dumping duty TARIC additional code China Xingyuan Tire Group Co. Ltd; Guangrao Xinhongyuan Tyre Co., Ltd 4,48 C331 China GITI Radial Tire (Anhui) Company Ltd.; GITI Tire (Fujian) Company Ltd.; GITI Tire (Hualin) Company Ltd.; GITI Tire (Yinchuan) Company Ltd. 35,74 C332 China Chongqing Hankook Tire Co., Ltd; Jiangsu Hankook Tire Co., Ltd 17,37 C334 China Aeolus Tyre Co., Ltd, Aeolus Tyre (Taiyuan) Co., Ltd; Qingdao Yellow Sea Rubber Co., Ltd; Pirelli Tyre Co., Ltd 0 C877 China Zhongce Rubber Group Co., Ltd 0 C379 China Weifang Yuelong Rubber Co., Ltd 4,48 C875 China Hefei Wanli Tire Co., Ltd 4,48 C876 China All other companies subject to re-imposition following Regulation (EU) 2023/737 ( 124 ) listed in Annex I 10,29 China Other cooperating companies listed in Annex II 21,62 China Other cooperating companies listed in Annex III 0 All other imports originating in People’s Republic of China 4,48 C999 3. The application of the individual duty rates specified for the companies mentioned in paragraph 2 or in Annexes I, II or III 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 his/her name and function, drafted as follows: ‘I, the undersigned, certify that the (number of items) of (product under review) 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.’ Until such invoice is presented, the duty applicable to all other companies shall apply. 4. Article 1(2) may be amended to add new exporting producers from the People’s Republic of China and make them subject to the appropriate weighted average anti-dumping duty rate for cooperating companies not included in the sample. A new exporting producer shall provide evidence that: (a) it did not export the goods described in Article 1(1) originating in People’s Republic of China during the period between 1 July 2016 to 30 June 2017 (‘original investigation period’); (b) it is not related to an exporter or producer subject to the measures imposed by this Regulation, and which have or could have cooperated in the investigation that led to the duty; and (c) it has either actually exported the product under review originating in People’s Republic of China or has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the end of the original investigation period. 5. In cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is apportioned for the determination of the customs value pursuant to Article 131(2) of Commission Implementing Regulation (EU) 2015/2447 ( 125 ) the amount of anti-dumping duty, calculated on the basis of the amounts set above, shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable. 6. Should the definitive countervailing duties imposed by Article 1 of Commission Implementing Regulation (EU) 2018/1690 ( 126 ) be modified or removed, the duties specified in paragraph 2 [or in Annexes I and 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. 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. The amount to be reimbursed to the applicant for refund cannot exceed the difference between the duty collected and the combined countervailing and anti-dumping duty established in the refund investigation. 7. Unless otherwise specified, the provisions in force concerning customs duties shall apply.