INHALT

Commission Implementing Regulation (EU) 2025/58 of 15 January 2025 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 an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council

COMMISSION IMPLEMENTING REGULATION (EU) 2025/58
of 15 January 2025
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 an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council
1.
PROCEDURE
1.1.
Previous investigations and measures in force
1.2.
Request for an expiry review
1.3.
Initiation of an expiry review
1.4.
Review investigation period and period considered
1.5.
Interested parties
1.6.
Sampling
1.7.
Questionnaire replies and verification visits
1.8.
Subsequent procedure
2.
PRODUCT UNDER REVIEW, PRODUCT CONCERNED AND LIKE PRODUCT
2.1.
Product under review
2.2.
Manufacturing process
2.2.1.
New tyres
2.2.2.
Retreaded tyres
2.3.
Uses and types of tyres
2.4.
Segmentation into three tiers of the Union market for tyres
2.5.
Product concerned
2.6.
Like product
3.
DUMPING
3.1.
Preliminary remarks
3.2.
Procedure for the determination of the normal value under Article 2(6a) of the basic Regulation for the imports of product under review originating in the PRC.
3.3.
Normal value
3.3.1.
Existence of significant distortions
3.3.2.
Significant distortions affecting the domestic prices and costs in China
3.3.3.
Significant distortions according to Article 2(6a)(b), first indent of the basic Regulation: the market in question being served to a significant extent by enterprises which operate under the ownership, control or policy supervision or guidance of the authorities of the exporting country
3.3.4.
Significant distortions according to Article 2(6a)(b), second indent of the basic Regulation: State presence in firms allowing the state to interfere with respect to prices or costs
3.3.5.
Significant distortions according to Article 2(6a)(b), third indent of the basic Regulation: public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces
3.3.6.
Significant distortions according to Article 2(6a)(b), fourth indent of the basic Regulation: the lack, discriminatory application or inadequate enforcement of bankruptcy, corporate or property laws
3.3.7.
Significant distortions according to Article 2(6a)(b), fifth indent of the basic Regulation: wage costs being distorted
3.3.8.
Significant distortions according to Article 2(6a)(b), sixth indent of the basic Regulation: access to finance granted by institutions which implement public policy objectives or otherwise not acting independently of the state
3.3.9.
Systemic nature of the distortions described
3.3.10.
Representative country
3.3.10.1. General remarks
3.3.10.2. First Note
3.3.10.3. Claims made for each potential representative country following the issuance of the First Note
3.3.11.
The Second Note
3.3.12.
Claims made following the issuance of the Second Note
3.3.13.
Level of social and environmental protection
3.3.13.1. Conclusion
3.3.14.
Sources used to establish undistorted costs
3.3.14.1. Factors of production
3.3.14.2. Raw materials
3.3.14.3. Labour
3.3.14.4. Electricity
3.3.14.5. Natural gas and steam gas
3.3.14.6. Water
3.3.14.7. Manufacturing overhead costs, SG&A and profits
3.3.15.
Calculation of the normal value
3.3.15.1. Export price
3.3.15.2. Comparison
3.3.15.3. Dumping margins
4.
LIKELIHOOD OF CONTINUATION OF DUMPING
4.1.
Production capacity and spare capacity in the PRC
4.2.
Attractiveness of the Union market and export prices to third country markets
4.3.
Possible absorption capacity of third country markets
4.3.1.
Conclusion
5.
INJURY
5.1.
Definition of the Union industry and Union production
5.2.
Union consumption
5.3.
Imports from the country concerned
5.3.1.
Volume and market share of the imports from the country concerned
5.3.2.
Prices of the imports from the country concerned and price undercutting
5.4.
Imports from third countries other than China
5.5.
Economic situation of the Union industry
5.5.1.
General remarks
5.5.2.
Macroeconomic indicators
5.5.2.1. Production, production capacity and capacity utilisation
5.5.2.2. Sales volume and market share
5.5.2.3. Growth
5.5.2.4. Employment and productivity
5.5.2.5. Magnitude of the dumping margin and recovery from past dumping
5.5.3.
Microeconomic indicators
5.5.3.1. Prices and factors affecting prices
5.5.3.2. Labour costs
5.5.3.3. Inventories
5.5.3.4. Profitability, cash flow, investments, return on investments and ability to raise capital
5.6.
Conclusion on injury
6.
CAUSATION
7.
LIKELIHOOD OF RECURRENCE OF INJURY
7.1.
Production capacity and spare capacity in the PRC
7.2.
Attractiveness of the Union market and export prices to third country markets
7.3.
Possible absorption capacity of third country markets
7.4.
Likely price levels of imports from China in the absence of anti-dumping measures, and their impact on the Union industry, including undercutting and injurious level.
7.5.
Increase of Chinese imports following partial annulment of the anti-dumping duties
7.6.
Conclusion of the likelihood of recurrence of injury
8.
UNION INTEREST
8.1.
Interest of the Union industry
8.2.
Interest of unrelated importers and users
8.3.
Other interests
8.4.
Conclusion on Union interest
9.
ANTI-DUMPING MEASURES
Article 1
Article 2
ANNEX I
People’s Republic of China, cooperating exporting producers subject to re-imposition following Regulation (EU) 2023/737
ANNEX II
People’s Republic of China, cooperating exporting producers not sampled in the original investigation
ANNEX III
Other non sampled Chinese exporting producers cooperating in the original anti-dumping investigation, but not in the original anti-subsidy investigation