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COMMISSION IMPLEMENTING REGULATION (EU) /61
of 15 January
imposing a definitive countervailing duty 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 originating in the People's Republic of China following an expiry review pursuant to Article 18 of Regulation (EU) / of the European Parliament and of the Council
(1) OJ L 176, 30.6., p. 21.
(2) Commission Regulation (EU) /683 of 4 May imposing a provisional anti-dumping duty 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 originating in the People’s Republic of China, and amending Implementing Regulation (EU) /163 (OJ L 116, 7.5., p. 8).
(3) Commission Implementing Regulation (EU) / of 18 October imposing a definitive antidumping duty and collecting definitively the provisional duty 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 originating in the People’s Republic of China and repealing Implementing Regulation (EU) /163 (OJ L 263, 22.10., p. 3).
(4) Commission Implementing Regulation (EU) / of 9 November imposing definitive countervailing duties on imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries and with a load index exceeding 121 originating in the People’s Republic of China and amending Commission Implementing Regulation (EU) / imposing a definitive antidumping duty and collecting definitively the provisional duty 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 originating in the People’s Republic of China and repealing Implementing Regulation (EU) /163 (OJ L 283, 12.11., p. 1).
(5) Judgement of the General Court (Tenth Chamber, Extended Composition) of 4 May , China Rubber Industry Association (CRIA) and China Chamber of Commerce of Metals, Minerals & Chemicals Importers & Exporters (CCCMC) v European Commission, T-30/19 and T-72/19, EU:T::226.
(6) Commission Implementing Regulation (EU) /737 of 4 April re-imposing a definitive anti-dumping duty 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 originating in the People’s Republic of China following the judgment of the General Court in joined cases T-30/19 and T-72/19 (OJ L 96, 5.4., p. 9–44).
(7) Commission Implementing Regulation (EU) /738 of 4 April re-imposing a definitive countervailing duty 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 originating in the People's Republic of China following the judgment of the General Court in joined cases T-30/19 and T-72/19 (OJ L 96, 5.4., p.45).
(8) Commission Implementing Regulation (EU) / of 6 September terminating the partial interim review of the anti-subsidy measures applicable to imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries and with a load index exceeding 121 originating in the People’s Republic of China.
(9) Commission Implementing Regulation (EU) / of 6 September terminating the partial interim review of the anti-dumping measures applicable to imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries and with a load index exceeding 121 originating in the People’s Republic of China.
(10) OJ C 62, 20.2., p. 4.
(11) Notice of initiation of an expiry review of the anti-subsidy measures applicable to imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries and with a load index exceeding 121 originating in the People’s Republic of China OJ C 711, 10.11..
(12) The segmentation between tiers is explained in section 2.4.
(13) Directive /46/EC of the European Parliament and of the Council of 5 September establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (OJ L 263, 9.10., p. 1).
(14) Commission Implementing Regulation (EU) No / of 9 November imposing a definitive countervailing duty on imports of certain pneumatic tyres, new or retreated, of rubber, of a kind used for busses or lorries and with a load index exceeding 121 originating in the People's Republic of China (OJ L 283, 12.11., p. 1).
(15) Commission Implementing Regulation (EU) No /72 of 17 January imposing a definitive countervailing duty on imports of electric bicycles originating in the People's Republic of China (OJ L 16, 18.1., p. 5).
(16) Commission Implementing Regulation (EU) /688 of 2 May imposing a definitive countervailing duty on imports of certain organic coated steel products originating in the People’s Republic of China following an expiry review pursuant to Article 18 of the Regulation (EU) / of the European Parliament and of the Council (OJ L 116, 3.5., p. 39).
(17) Commission Implementing Regulation (EU) /72 of 18 January imposing definitive countervailing duties on imports of optical fibre cables originating in the People’s Republic of China and amending Implementing Regulation (EU) / imposing a definitive anti-dumping duty on imports of optical fibre cables originating in the People’s Republic of China (OJ L 12, 19.1., p. 34)
(18) Commission Implementing Regulation (EU) / of 17 December imposing definitive countervailing duties on imports of aluminium converter foil originating in the People’s Republic of China and amending Implementing Regulation (EU) / imposing definitive anti-dumping duties on imports of aluminium converter foil originating in the People’s Republic of China (OJ L 458, 22.12., p. 344).
(19) Commission Implementing Regulation (EU) /776 of 12 June 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) /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., p. 1)
(20) Commission Implementing Regulation (EU) /328 of 24 February imposing a definitive countervailing duty on imports of continuous filament glass fibre products originating in the People’s Republic of China following an expiry review pursuant to Article 18 of the Regulation (EU) / of the European Parliament and of the Council (OJ L 65, 25.2., p. 1).
(21) Commission Implementing Regulation (EU) /328 of 24 February imposing a definitive countervailing duty on imports of continuous filament glass fibre products originating in the People’s Republic of China following an expiry review pursuant to Article 18 of the Regulation (EU) / of the European Parliament and of the Council (OJ L 65, 25.2., p. 1).
(22) Commission Implementing Regulation (EU) / of 7 June imposing a definitive countervailing duty on imports of certain hot-rolled flat products of iron, non-alloy or other alloy steel originating in People’s Republic of China following an expiry review pursuant to Article 18 of Regulation (EU) / of the European Parliament and of the Council (OJ L 148, 8.6., p. 84).
(23) Commission Implementing Regulation (EU) / of 29 October imposing a definitive countervailing duty on imports of new battery electric vehicles designed for the transport of persons originating in the People’s Republic of China (OJ L, /, 29.10.).
(24) Available at https://ec.europa.eu/transparency/documents-register/detail?ref=SWD()91&lang=en.
(25) https://www.gov.cn/zhengce/-04/10/content_.htm.
(26) NPC, , Outline of the 14th Five-Year Programme for National Economic and Social Development of the People’s Republic of China and Long-term Vision, available from: http://www.gov.cn/xinwen/-03/13/content_.htm.
(27) Notice of the State Council on the Publication of "Made in China " (available at: https://cset.georgetown.edu/wp-content/uploads/t_made_in_china__EN.pdf).
(28) Decision of the State Council on Promulgating and Implementing the Temporary Provisions on Promoting Industrial Structure Adjustment No. 40 (); Guidance Catalogue for the Industrial Structure Adjustment () (available at: https://www.gov.cn/xinwen/-11/06//files/26c9d25f713f4ed5b8dc51ae40ef37af.pdf).
(29) Guidance Catalogue for the Industrial Structure Adjustment (), p. 17 (available at: https://www.gov.cn/xinwen/- 11/06//files/26c9d25f713f4ed5b8dc51ae40ef37af.pdf).
(30) Catalogue of Encouraged Industries for Foreign Investment ( Edition, available at: https://www.tjftz.gov.cn/tisip/upload/files//1/Catalogue%20of%20Encouraged%20Industries%20for%20Foreign%20Investment%20(_Edition).pdf).
(31) "Fourteenth Five-Year Plan" for the development of raw materials industry, Ministry of Industry and Information Technology Ministry of Science and Technology Ministry of Natural Resources (available at: https://cset.georgetown.edu/wp-content/uploads/t_14th_Five_Year_Plan_EN.pdf).
(32) The "14th Five-Year Plan" of the rubber industry was released, creating a new era of glory, China Rubber Industry Association, Nov. .; Guidelines for the "14th Five-Year Plan" Development Plan of the Rubber Industry, November (available at: https://www.cria.org.cn/c174).
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(33) See, for example, Commission Implementing Regulation (EU) / of 7 June imposing a definitive countervailing duty on imports of certain hot-rolled flat products of iron, non-alloy or other alloy steel originating in People’s Republic of China following an expiry review pursuant to Article 18 of Regulation (EU) / of the European Parliament and of the Council, recs. 44 et s.
(34) See Regulation /, rec. 469, and Notice on accelerating market-based power trading and improving trading mechanisms, issued by the NDRC and the National Energy Administration, 18 July .
(35) Notice of the General Office of the Ministry of Industry and Information Technology on Carrying out the Textile and Garment "Excellent Supply and Promotion of Upgrading" Activities, Ministry of Industry and Information Technology, December (available at: https://www.gov.cn/zhengce/zhengceku/-10/12/content_.htm).
(36) Commission Implementing Regulation (EU) No / of 9 November imposing a definitive countervailing duty on imports of certain pneumatic tyres, new or retreated, of rubber, of a kind used for busses or lorries and with a load index exceeding 121 originating in the People's Republic of China (OJ L 283, 12.11., p. 1).
(37) See recitals 74 to 136 of the request and the corresponding annexes.
(38) See recital 55 letter c)
(39) In case of fixed interest loans. For variable interest rate loans, the PBOC benchmark rate during the IP was taken.
(40) Business and Commercial Overdrafts | Metro Bank (metrobankonline.co.uk).
(41) See website of the People’s Bank of China:
https://www.boc.cn/en/cbservice/cncb6/cb61//t_.html, last accessed on 30 August .
(42) Ibid.
(43) See website of DBS Bank: https://www.dbs.com.cn/corporate/financing/working-capital/bank-acceptance-draft-bad-issuance, last accessed on 30 August .
(44) For a more specific description of the way in which bank acceptance drafts are generally used, see GFF case referenced in footnote 19 above, recitals 359 to 370.
(45) See GFF Regulation mentioned in footnote 6, recital 385.
(46) See recital (55) letter c)
(47) See recital (148) of the Commission Implementing regulation (EU) /.
(48) See recital (54) letter b)
(49) See recital (54) letter c)
(50) Notice of the Ministry of Science and Technology, the Ministry of Finance, the State Administration of Taxation and the General Administration of Customs on the issuance of the edition of the Export Catalogue of China's High-tech Products (available at: http://policy.mofcom.gov.cn/claw/clawContent.shtml?id=)
(51) Recitals (560) – (572) of Commission Implementing Regulation (EU) / of 17 December imposing definitive countervailing duties on imports of aluminium converter foil originating in the People’s Republic of China and amending Implementing Regulation (EU) / imposing definitive anti-dumping duties on imports of aluminium converter foil originating in the People’s Republic of China, (OJ L 458, 22.12., p. 344). Recitals (524) – (530) of Commission Implementing Regulation (EU) /72 of 18 January imposing definitive countervailing duties on imports of optical fibre cables originating in the People’s Republic of China and amending Implementing Regulation (EU) / imposing a definitive anti-dumping duty on imports of optical fibre cables originating in the People’s Republic of China, (OJ L 12, 19.1., p. 34).
(52) Commission Implementing Regulation (EU) / of 17 December imposing definitive countervailing duties on imports of aluminium converter foil originating in the People’s Republic of China and amending Implementing Regulation (EU) / imposing definitive anti-dumping duties on imports of aluminium converter foil originating in the People’s Republic of China C//, (OJ L 458, 22.12., p.344).
(53) Several Opinions of the Central Committee of the Communist Party of China and the State Council on Further Deepening the Reform of the Power System (Zhong Fa [] No 9), Section III (4).
(54) See Property Law of the PRC of 16 March , available at: http://www.npc.gov.cn/zgrdw/englishnpc/Law/-02/20/ content_.htm.
(55) See Regulation on the Implementation of the Land Administration Law of the PRC of 27 December , as amended, available at: https://www.fao.org/faolex/results/details/en/c/LEX-FAOC,.
(56) See https://law.pkulaw.com/chinalaw/d8db5e659bc282b9bdfb.html.
(57) See https://law.pkulaw.com/chinalaw/66cde758ad66f43bbdfb.html.
(58) See https://law.pkulaw.com/chinalaw/6eff024c04bdfb.html.
(59) https://law.pkulaw.com/chinalaw/dba5fbdfb.html?keyword=%E5%9B%BD%E6%9C%89%E5%BB%BA%E8%AE%BE%E7%94%A8%E5%9C%B0%E4%BD%BF%E7%94%A8%E6%9D%83.
(60) See https://www.gov.cn/zwgk/-09/05/content_.htm.
(61) See recital (55) letter c).
(62) See recital (55)(54)() letter c).
(63) Upheld by the General Court in Case T-444/11 Gold East Paper and Gold Huacheng Paper versus Council, Judgment of the General Court of 11 September ECLI:EU:T::773.
(64) See recital (55)() letter c), see in particular GFF investigation.
(65) See GFF regulation, footnote 6), recitals (506) and (507).
(66) https://lvr.land.moi.gov.tw, last accessed on 31 May .
(67) Commission Implementing Regulation (EU) / of 29 October imposing a definitive countervailing duty on imports of new battery electric vehicles designed for the transport of persons originating in the People’s Republic of China (L/), recitals (451) – (464)
(68) See recital (55) letter c).
(69) Order No. 235 of the General Administration of Customs, 20 December .
(70) Paragraph 222 of the request.
(71) Paragraph 233 of the request.
(72) (camex.gov.br) RESOLUÇÃO GECEX No 198, DE 3 DE MAIO DE - RESOLUÇÃO GECEX No 198, DE 3 DE MAIO DE - DOU - Imprensa Nacional (in.gov.br)
(73) _Report-700.pdf (itac.org.za)
(74) Based on the information of the WTO Trade Remedies Data Portal, available at: https://trade-remedies.wto.org/en, and of the WTO Anti-dumping Notification Portal, available at: https://ad-notification.wto.org/
(75) See recital (242) of COMMISSION IMPLEMENTING REGULATION (EU) / of 18 October imposing a definitive anti-dumping duty and collecting definitively the provisional duty 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 originating in the People's Republic of China and repealing Implementing Regulation (EU) /163. OJ L263 of 22.10.. p.3.
(76) Recital (295) of the Commission Implementing Regulation (EU) / of 18 October imposing a definitive anti-dumping duty and collecting definitively the provisional duty 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 originating in the People's Republic of China and repealing Implementing Regulation (EU) /163 (OJ L 263, 22.10., p. 3.)
(77) European Commission, Directorate-General for Trade, Directorate G, Rue de la Loi 170, Brussels, Belgium.
(78) Regulation (EU, Euratom) / of the European Parliament and of the Council of 23 September on the financial rules applicable to the general budget of the Union (recast), OJ L, /, 26.9. .