Date: 2020-08-07Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Regulation (EU) 2020/1165 of 6 August 2020 amending Implementing Regulation (EU) 2020/353 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of steel road wheels originating in the People’s Republic of China
Issued by European Commission
· Directorate-General for Trade and Economic Security
**Executive Summary:**
Commission Implementing Regulation (EU) 2020/1165 amends Implementing Regulation (EU) 2020/353, which imposed definitive antidumping duties on steel road wheels from China. The amendment clarifies declaration requirements for imported steel road wheels, irrespective of origin, and updates invoice requirements for companies with individual duty rates. The regulation came into force on the day following its publication in the Official Journal of the European Union.
**Key Points / Main Content:**
* **Declaration of Imported Steel Road Wheels:**
* The number of items of imported steel road wheels must be declared, irrespective of their origin.
* This applies to products referred to in Article 1 of Implementing Regulation (EU) 2020/353.
* Member States must inform the Commission monthly of the number of items imported under specific TARIC codes (8708 70 10 80, 8708 70 10 85, 8708 70 99 20, 8708 70 99 80, 8716 90 90 95 and 8716 90 90 97) and their origin.
* **Commercial Invoice Requirements:**
* To apply individual duty rates, a valid commercial invoice must be presented to Member States' customs authorities.
* The invoice must include a declaration, dated and signed by an official of the issuing entity, with their name and function identified.
* The declaration must certify that the number of items sold for export to the EU was manufactured by the specified company and include the company's name, address, and TARIC additional code in the country concerned.
* The declaration must state that the information provided in the invoice is complete and correct.
* If no such invoice is presented, the duty applicable to all other companies shall apply.
* **Terminology Update:**
* The term "pieces" is replaced by "items" for consistency with the Combined Nomenclature's supplementary unit number of items.
* Recital 88 of Implementing Regulation EU 2020/353 is updated to reflect the need to declare the number of items for imports of steel road wheels.
**Impact Analysis:**
* **Member States:**
* *Impact:* Responsible for collecting and reporting data on the number of imported steel road wheel items.
* *Action Required:* Implement procedures to collect data on the number of imported items under the specified TARIC codes and report this data to the Commission on a monthly basis, as well as ensure the correct invoices are presented.
* **Importers of Steel Road Wheels:**
* *Impact:* Required to accurately declare the number of imported steel road wheel items, irrespective of origin, and potentially provide a compliant commercial invoice to benefit from specific duty rates.
* *Action Required:* Ensure import declarations include the number of items for steel road wheels and, if applicable, obtain and present commercial invoices that meet the specified requirements to benefit from specific duty rates.
* **Manufacturers/Exporters of Steel Road Wheels in China:**
* *Impact:* Those seeking individual duty rates must ensure their invoices comply with the updated requirements.
* *Action Required:* Ensure commercial invoices include the required declaration, signed by an authorized official, to allow importers to benefit from individual duty rates.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Peoples Republic of China: Country of origin of the steel road wheels subject to the antidumping duty.
European Commission: The executive branch of the European Union, responsible for proposing legislation, implementing decisions, and managing the EU's budget.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union, outlining the scope of the EU's powers.
Regulation EU 2016/1036: Regulation of the European Parliament and of the Council on protection against dumped imports from countries not members of the European Union.
Implementing Regulation EU 2020/1165: Commission Implementing Regulation amending Implementing Regulation EU 2020/353.
Implementing Regulation EU 2020/353: Commission Implementing Regulation imposing a definitive antidumping duty and definitively collecting the provisional duty imposed on imports of steel road wheels originating in the Peoples Republic of China.
Brussels: The city where the regulation was adopted.
7.8.2020 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 258/9
COMMISSION IMPLEMENTING REGULATION (EU) 2020/1165
of 6 August 2020
amending Implementing Regulation (EU) 2020/353 imposing a definitive anti-dumping duty and
definitively collecting the provisional duty imposed on imports of steel road wheels originating in
the People’s Republic of China
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection
against dumped imports from countries not members of the European Union(1), and in particular Article 9(4) thereof,
Whereas:
(1) By Commission Implementing Regulation (EU) 2020/353(2), definitive anti-dumping duties were imposed and
provisional duties were definitively collected on imports of steel road wheels originating in the People’s Republic of
China.
(2) Article 4 of Implementing Regulation (EU) 2020/353 mentions: ‘Where a declaration for release for free circulation
is presented in respect of the products referred to in Article 1, the number of pieces of the products imported shall
be entered in the relevant field of that declaration’. The Commission services received comments from Member
States and traders concerning the origin of the products imported.
(3) It should be clarified that the number of pieces should be declared for imports of steel road wheels, irrespective their
origin, and that Member States should inform the Commission of the number of pieces imported.
(4) In this respect, the Commission has decided to amend Article 4 of Implementing Regulation (EU) 2020/353.
(5) The term ‘pieces’ is replaced by ‘items’ for consistency with the supplementary unit ‘number of items’, defined in the
Combined Nomenclature(3).
(6) The measures provided for in this Regulation are in accordance with the opinion of the Committee established by
Article 15(1) of Regulation (EU) 2016/1036,
HAS ADOPTED THIS REGULATION:
Article 1
Recital (88) of Implementing Regulation (EU) 2020/353 is replaced by the following:
‘(88) Statistics of SRW are frequently expressed in number of items. However, there is no such supplementary unit for SRW
specified in the Combined Nomenclature laid down in Annex I to Council Regulation (EEC) No 2658/87 (11). It is
therefore necessary to provide that not only the weight in kg or tonnes but also the number of items for the imports
of the product concerned must be entered in the declaration for release for free circulation. Items should be indicated
for TARIC codes 8708 70 10 80, 8708 70 10 85, 8708 70 99 20, 8708 70 99 80, 8716 90 90 95 and
8716 90 90 97.’
(1) OJ L 176, 30.6.2016, p. 21.
(2) Commission Implementing Regulation (EU) 2020/353 of 3 March 2020 imposing a definitive anti-dumping duty and definitively
collecting the provisional duty imposed on imports of steel road wheels originating in the People’s Republic of China (OJ L 65,
4.3.2020, p. 9).
(3) Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff
(OJ L 256, 7.9.1987, p. 1).L 258/10 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 7.8.2020
Article 2
Article 1(3) of Implementing Regulation (EU) 2020/353 is replaced by the following:
‘3. The application of the individual 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 (number of items) (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.’
Article 3
Article 4 of Commission Implementing Regulation (EU) 2020/353 is replaced by the following:
‘Article 4
Where a declaration for release for free circulation is presented in respect of the products referred to in Article 1(1),
irrespective of their origin, the number of items of the products imported shall be entered in the relevant field of that
declaration.
Member States shall, on a monthly basis, inform the Commission of the number of items imported under TARIC codes
8708 70 10 80, 8708 70 10 85, 8708 70 99 20, 8708 70 99 80, 8716 90 90 95 and 8716 90 90 97, and of their origin’.
Article 4
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 August 2020.
For the Commission
The President
Ursula VON DER LEYEN