1. A definitive countervailing duty is imposed on imports of mobile access equipment designed for the lifting of persons, self-propelled, with a maximum working height of 6 metres or more, and imports of pre-assembled or ready-to-assemble sections thereof, consisting of (1) chassis; (2) turret or turntables; (3) platform or baskets; (4) lifting mechanism for mobile access equipment (including booms (telescopic and or articulated, with or without jibs) for telescopic boom lift, articulated boom lift or vertical mast and scissor arms for scissor lift), excluding individual components of the sections when presented separately, and excluding person lifting equipment mounted on vehicles of Chapter 86 and Chapter 87 of the Harmonised System, currently falling under CN codes ex 8427 10 10 , ex 8427 20 19 , ex 8428 90 90 , ex 8431 20 00 and ex 8431 39 00 (TARIC codes: 8427 10 10 10, 8427 20 19 10, 8428 90 90 20, 8431 20 00 60 and 8431 39 00 10), and originating in the People’s Republic of China.
2. The definitive countervailing duty applicable for 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
Countervailing duty
TARIC additional code
Hunan Sinoboom Intelligent Equipment Co., Ltd.
7,3 %
89DL
Zoomlion Intelligent Access Machinery Co., Ltd.
11,6 %
89DQ
Zhejiang Dingli Machinery Co., Ltd.
14,2 %
89DO
Other cooperating companies listed in Annex I
12,1 %
See Annex I
Other companies cooperating in the anti-dumping investigation but not in the anti-subsidy investigation listed in Annex II
14,2 %
See Annex II
Other companies non cooperating in anti-dumping investigation but cooperating in the anti-subsidy investigation listed in Annex III
12,1 %
See Annex III
All other companies
14,2 %
8999
3. Countervailing duties are not applicable to Oshkosh JLG (Tianjin) Equipment Technology Co., Ltd. (TARIC additional code 89DM).
4. The application of the individual countervailing duty rates specified for the companies mentioned in paragraph 2 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 in unit we are using) 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. ’ Until such invoice is presented, the duty applicable to all other imports originating in the PRC shall apply.
5. Where a declaration for release for free circulation is presented in respect of the product referred to in paragraph 1, irrespective of its origin, number of items of the products imported shall be entered in the relevant field of that declaration, provided this indication is compatible with Annex I to Regulation (EEC) No 2658/87.
Member States shall, on a monthly basis, inform the Commission of the net mass and the number of items released for free circulation under TARIC codes: 8427 10 10 10, 8427 20 19 10, 8428 90 90 20, 8431 20 00 60 and 8431 39 00 10.
6. Unless otherwise specified, the relevant provisions in force concerning customs duties shall apply.
7. 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 the exporting producer prevailing during the refund investigation period.