Commission Implementing Regulation (EU) 2017/1439
of 8 August 2017
amending Implementing Regulation (EU) 2017/1019 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain concrete reinforcement bars and rods originating in the Republic of Belarus
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Whereas:
The product under provisional anti-dumping duties was defined as ‘certain concrete reinforcement bars and rods, made of iron or non-alloy steel, not further worked than forged, hot-rolled, hot-drawn or hot-extruded, but including those twisted after rolling and also those containing indentations, ribs, grooves or other deformations produced during the rolling process, originating in Belarus and currently falling within CN codes ex 7214 10 00, ex 7214 20 00, ex 7214 30 00, ex 7214 91 10, ex 7214 91 90, ex 7214 99 10, ex 7214 99 71, ex 7214 99 79 and ex 7214 99 95. High fatigue performance iron or steel concrete reinforcing bars and rods are excluded’.
The rate of the provisional anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty was set up at the level of 12,5 %.
The product under definitive anti-dumping duties was defined as ‘certain concrete reinforcement bars and rods, made of iron or non-alloy steel, not further worked than forged, hot-rolled, hot-drawn or hot-extruded, whether or not twisted after rolling, containing indentations, ribs, grooves or other deformations produced during the rolling process, originating in Belarus and currently falling within CN codes ex 7214 10 00, ex 7214 20 00, ex 7214 30 00, ex 7214 91 10, ex 7214 91 90, ex 7214 99 10 and ex 7214 99 95. High fatigue performance iron or steel concrete reinforcing bars and rods and other long products, such as round bars are excluded’.
The rate of the definitive anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty was set up at the level of 10,6 %.
Article 2 of the definitive Regulation provided for definitive collection of the amounts secured by the way of the provisional anti-dumping duty pursuant to the provisional Regulation. However, the Regulation did not explicitly provide for the release of the amounts secured in excess of the definitive rate and product scope of anti-dumping duty measures, which would have been appropriate in light of Article 10(3) of the basic Regulation.
Article 2 of Implementing Regulation (EU) 2017/1019 should therefore be corrected accordingly.
The corrected provision should apply from the date Implementing Regulation (EU) 2017/1019 entered into force.
The amendment provided for in this regulation is in accordance with the opinion of the Committee established by Article 15(1) Regulation (EU) 2016/1036,
HAS ADOPTED THIS REGULATION:
Article 1
Article 2 of Implementing Regulation (EU) 2017/1019 is corrected as follows:
‘The amounts secured by way of the provisional anti-dumping duties pursuant to the Implementing Regulation (EU) 2016/2303 shall be definitely collected. The amounts secured in excess of the definitive rate and product scope of anti-dumping duty measures shall be released.’
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
However, Article 1 shall apply from 18 June 2017.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 August 2017.
For the Commission
The President
Jean-Claude Juncker