Here’s a breakdown of the Commission Implementing Regulation (EU) 2025/796:
This regulation imposes a definitive countervailing duty on imports of mobile access equipment (MAE) originating in the People’s Republic of China (PRC). It also amends Implementing Regulation (EU) 2025/45, which already imposed a definitive anti-dumping duty on the same imports. This action is taken because the investigation found that the MAE industry in China benefits from subsidies, causing injury to the Union industry.
**Structure and Key Provisions:**
The regulation is structured as follows:
* **Section 1 (Procedure):** Details the initiation of the investigation, the parties involved, sampling methods used for Union producers, importers, and exporting producers in the PRC, and verification visits.
* **Section 2 (Product Under Investigation):** Defines the product scope, including mobile access equipment designed for lifting persons, self-propelled, with a maximum working height of 6 meters or more, and pre-assembled or ready-to-assemble sections thereof.
* **Section 3 (Subsidy):** This is the core of the regulation, detailing the findings on subsidization. It covers government plans and policies supporting the MAE industry, instances of non-cooperation by the Government of China (GOC), and analysis of various subsidy programs. These programs include preferential financing, grants, government provision of goods and services for less than adequate remuneration (LTAR), tax exemptions, and income support.
* **Section 4 (Injury):** Assesses the injury suffered by the Union industry due to the subsidized imports, considering factors like production, sales, market share, and prices.
* **Section 5 (Causation):** Examines the causal link between the subsidized imports and the injury to the Union industry, while also considering other potential factors.
* **Section 6 (Union Interest):** Evaluates whether imposing countervailing measures is in the overall interest of the European Union, considering the interests of various stakeholders.
* **Section 7 (Definitive Countervailing Measures):** Imposes definitive countervailing duties on imports of MAE from the PRC.
* **Section 8 (Registration):** Discontinues the registration of imports.
* **Section 9 (Disclosure):** States that interested parties were informed of the essential facts and considerations.
* **Article 1:** Imposes the countervailing duty and specifies the rates for different companies. It also includes a special monitoring clause requiring valid commercial invoices.
* **Article 2:** Amends Implementing Regulation (EU) 2025/45 to adjust the anti-dumping duties.
* **Article 3:** Discontinues the registration of imports.
* **Article 4:** Specifies the entry into force of the regulation.
**Main Provisions and Changes:**
* **Definitive Countervailing Duties:** The regulation imposes definitive countervailing duties ranging from 7.3% to 14.28% on imports of MAE from the PRC, depending on the company.
* **Amendment of Anti-Dumping Duties:** It amends Implementing Regulation (EU) 2025/45 to adjust the anti-dumping duties on MAE from the PRC, taking into account the countervailing duties to avoid double counting.
* **Special Monitoring Clause:** A special monitoring clause is included, requiring companies with individual countervailing duties to present a valid commercial invoice to customs authorities.
* **Discontinuation of Registration:** The registration of imports, which was put in place to potentially allow for retroactive duty collection, is discontinued.
**Most Important Provisions for Use:**
* **Article 1:** This article is the most important for importers and exporters, as it specifies the countervailing duty rates for different companies and the requirements for valid commercial invoices.
* **Article 2:** This article is relevant for understanding how the anti-dumping duties are adjusted in light of the countervailing duties.
* **Annexes:** The annexes list the specific companies that are subject to individual duty rates.
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This regulation has implications for Ukraine and Ukrainians, as it affects trade relations between the EU and China. The imposition of countervailing duties on MAE from the PRC could potentially create opportunities for Ukrainian producers of similar equipment to increase their exports to the EU market. Additionally, Ukrainian companies that import MAE from the PRC may face higher costs due to the duties, which could impact their competitiveness.
