European Commission: Tariffs won’t be ‘levied’ during ongoing investigation

In September Tyrepress learned from China Rubber Industry Association (CRIA) that, on 14 September, CRIA and the European Commission (EC) investigators held an online hearing on the European Commission’s renewed anti-dumping and anti-subsidy investigations relating to the imports of Chinese-made truck tyres. Shortly afterwards, Tyrepress reported that Laurens Elsen, an EC investigator, said that the EC would contact EU customs to ensure that during the re-investigation, the relevant departments will not “impose” any anti-dumping and anti-subsidy measures on the tyre companies that prevail in the judgment of the European Court of Justice. However, European Commission representatives contested that interpretation, arguing that the language of levying rather than imposition is more appropriate.

Writing in response to our coverage, the European Commission’s Director General for Trade’s communication team wrote to “correct several inaccuracies in this article”. According to the spokespeople, Elsen did not say that no duties should be “imposed” during the re-investigation on the tyre companies that prevailed in the judgment of the Court of Justice of May 2022. Rather, they explained, “he said that no duties should be ‘levied’ during the re-investigation for these companies, because the duties for these companies were annulled by the Court”.

Furthermore, the spokespeople also explained that Elsen said that, following the Court ruling, the investigation was re-opened and may result in the re-imposition of duties for these companies. Their imports were, therefore, made subject to registration at the same day as the investigation was re-opened (8 July 2022).

Based on those two premises, the European Commission’s spokespeople questioned any conclusion that “tyre companies will likely no longer be subject to anti-dumping and anti-subsidy duties” made on the basis of Mr Elsen’s remarks:

“Whether this will be the case or not will depend entirely on the outcome of the re-investigation, which is currently in its initial stages…”