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Commission Implementing Regulation (EU) 2017/2232 of 4 December 2017 reimposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain footwear with uppers of leather originating in the People's Republic of China and Vietnam and produced by certain exporting producers in the People's Republic of China and Vietnam and implementing the judgment of the Court of Justice in Joined Cases C-659/13 and C-34/14

32017R2232

Den Europæiske UnionForordning2017

European Union

§ Article 236

Article 236 of the Community Customs Code

(105) FESI and the Footwear Coalition also submitted that the procedure adopted to reopen the investigation and retroactively impose the duty amounts to an abuse of powers by the Commission and violates the TFEU. FESI and the Footwear Coalition argue in this regard that the Commission does not have the authority to interfere with Article 236(1) of the Community Customs Code by preventing the repayment of the anti-dumping duties. They argued that it was up to the national customs authorities to draw the consequences of an invalidation of duties and that they would also be obliged to reimburse anti-dumping duties that had been declared invalid by the Court.

(106) In this regard, FESI and the Footwear Coalition claimed that Article 14(3) of the basic Regulation does not allow the Commission to derogate from Article 236 of the Community Customs Code, as both legislations are of an equal legal order and the basic Regulation cannot be seen as a lex specialis of the Community Customs Code.

(107) Furthermore, the same parties continued Article 14(3) of the basic Regulation does not refer to Article 236 of the Community Customs Code and only states that special provisions may be adopted by the Commission, but no derogations to the Community Customs Code.

(108) In response thereto, it is important to underline that Article 14(1) of the basic Regulation does not automatically render applicable the rules governing Union customs legislation to the imposition of the individual anti-dumping duties

See Commission Staff Working Document, Compliance with the judgments of the Court of Justice of 2 February 2012 in Case C-249/10 P Brosmann and of 15 November 2012 in Case C-247/10 P Zhejiang Aokang, accompanying the Proposal for a Council Implementing Regulation reimposing a definitive anti-dumping duty and collecting definitely the provisional duty imposed on imports of certain footwear with uppers of leather originating in the People's Republic of China and produced by Brosmann Footwear (HK) Ltd, Seasonable Footwear (Zhongshan) Ltd, Lung Pao Footwear (Guangzhou) Ltd, Risen Footwear (HK) Co. Ltd and Zhejiang Aokang Shoes Co. Ltd,/ SWD/2014/046 final, at recitals 45-48.

. Rather, Article 14(3) of the basic Regulation gives the Union's institutions the right to transpose and make applicable, where necessary and useful, the rules governing the Union's customs legislation

Case C-382/09 Stils Met, ECLI:EU:C:2010:596, paragraphs 42-43. The TARIC, for instance, which is also used as a vehicle to ensure compliance with trade defence measures, finds its origins in Article 2 of 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).

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(109) This transposition does not require a full application of all the provisions of the Union's customs legislation. Article 14(3) of the basic Regulation explicitly envisages special provisions with regard to the common definition of the concept of origin, a good example of where deviation from the provisions of the Union's customs legislation occurs. It is on that basis that the Commission made use of the powers arising from Article 14(3) of the basic Regulation and required that national customs authorities refrain temporarily from any reimbursement. This does not challenge the exclusive competence that national customs authorities have in relation to disputes concerning customs debt: the decision-making authority remains with the customs authorities of the Member States. The Member States customs authorities still decide, on the basis of the conclusions reached by the Commission vis-à-vis the MET and IT claims, whether reimbursement should be granted or not.

(110) Thus, while it is true that nothing in the Union's customs legislation allows for an obstacle to the reimbursement of erroneously paid customs duties to be erected, no such sweeping statement can be made in relation to the reimbursement of anti-dumping duties. Accordingly, and with the overarching necessity to protect the Union's

own resources from unjustified requests for repayment and the related difficulty this would have caused pursuing unjustified repayments thereafter, the Commission had to deviate temporarily from the Union's customs legislation by making use of its powers under Article 14(3) of the basic Regulation.

Lack of statement of reasons on legal basis

(111) FESI and the Footwear Coalition also argued that in violation of Article 296 TFEU, the Commission failed to provide adequate statement of reasons and indication of the legal basis on which duties were reimposed retroactively and therefore the reimbursement of duties denied to the importers concerned by the current implementation. Accordingly, FESI and the Footwear coalition claimed that the Commission had breached the right to effective judicial protection of interested parties.

(112) SIEMES, one of the importers providing comments to the disclosure, also claimed that the Commission Implementing Regulation lacks appropriate reasoning, which is in violation of Article 296 TFEU, however, without further explaining this claim in more detail. In support of its claim this party referred to the judgment in T-310/12 Yuanping Changyuan Chemicals v Council

ECLI:EU:T:2015:295.

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(113) The Commission considers that the extensive legal reasoning provided in the general disclosure document and in this Regulation, including the reference to the legal bases for the present Regulation, duly motivates the latter.

Legitimate expectations

(114) FESI and the Footwear Coalition claimed further that the retroactive correction of expired measures violates the principle of protection of legitimate expectations. FESI argued that first, parties including importers, would have received assurance that the measures expired on 31 March 2011 and that given the time elapsed since the original investigation, parties were entitled to have justified expectations that the original investigation will not be resumed or reopened. Likewise, the Chinese and Vietnamese exporting producers were entitled to have justified legitimate expatiations that their MET/IT claims provided in the original investigation would not be reviewed anymore by the Commission, based on the mere fact that these claims were no assessed within the three-month period applicable during the original investigation.

(115) Regarding legitimate expectations of interested parties that anti-dumping measures expired and that the investigation will not be reopened anymore, reference is made to recital 104, where these claims had been addressed in detail.

(116) Regarding the legitimate expectations of Chinese and Vietnamese exporting producers not to have their MET/IT claims reviewed, reference is made to recital 99, where this has equally been addressed in light of the case-law of the Court on this matter.

Principle of non-discrimination

(117) FESI and the Footwear Coalition submitted that the imposition of anti-dumping measures with retroactive effects constitutes discrimination of (i) the importers concerned by the current implementation vis-à-vis importers concerned by the implementation of the Brosmann and Aokang judgments referred to in recital 6 that were reimbursed duties paid on imports of footwear from the five exporting producers concerned by these judgments, as well as (ii) a discrimination of the exporting producers concerned by the current implementation vis-à-vis the five exporting producers concerned by the Brosmann and Aokang judgments which were not made subject of any duty following Implementing Decision 2014/149/EU.

(118) Regarding the claim on discrimination, the Commission recalls first of all the requirements for discrimination, as set out in recital 87.

(119) Then, it is noted that the difference between importers concerned by the current implementation and those concerned by the implementation of the Brosmann and Aokang judgments is that the latter decided to challenge Regulation (EC) No 1472/2006 in the General Court, whereas the former did not.

(120) A decision adopted by a Union institution, which has not been challenged by its addressee within the time-limit laid down by the sixth paragraph of Article 263 TFEU, becomes definitive as against him. That rule is based in particular on the consideration that the periods within which legal proceedings must be brought are intended to ensure legal certainty by preventing Union measures which produce legal effects from being called into question indefinitely

Case C-239/99 Nachi Europe, ECLI:EU:C:2001:101, at paragraph 29.

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(121) This procedural principle of Union law necessarily creates two groups: those which challenged a Union measure and who may have gained a favourable position as a result (like Brosmann and the other four exporting producers), and those who did not. Yet, that does not mean that the Commission has treated the two parties unequally in violation of the principle of equal treatment. An acknowledgement that a party falls into the latter category because of a conscious decision not to challenge a Union measure does not discriminate against that group.

(122) So, all interested parties did enjoy judicial protection in the Union courts at all times.

(123) Insofar as it concerns the alleged discrimination of the exporting producers concerned by the current implementation which were not made subject of any duty following Implementing Decision 2014/149/EU, it should be noted that the decision of the Council not to reimpose duties was clearly taken with regard to the particular circumstances of the specific situation as it stood at the time the Commission made its proposal for the reimposition of those duties and in particular on the grounds that the anti-dumping duties concerned had already been reimbursed, and to the extent that the original communication of the debt to the debtor in question had been withdrawn following the judgments in Brosmann and Aokang. According to the Council, this reimbursement had created legitimate expectations on the part of the importers concerned. Since no comparable reimbursement took place for other importers, these are not in a comparable situation to those importers concerned by the Council decision.

(124) In any event, the fact that the Council chose to act in a certain way, given the particular circumstances of the case before it, cannot bind the Commission to implement another judgment in the exact same way.

Commission's competence to impose definitive anti-dumping measures

(125) In addition, FESI and the Footwear Coalition claimed that the Commission does not have the competence to adopt the Regulation imposing an anti-dumping duty retroactively in the current implementation exercise, and that this competence would in any event lie with the Council. This claim was based on the argument that if the investigation is resumed at the very point at which the illegality occurred, the same rules should also be applicable as the ones at the time of the original investigation, where definitive measures were adopted by the Council. These parties argued that in accordance with Article 3 of Regulation (EU) 37/2014 of the European Parliament and of the Council of 15 January 2014 amending certain regulations relating to the common commercial policy as regards the procedures for the adoption of certain measures (also called Omnibus I Regulation)

OJ L 18, 21.1.2014, p. 1.

the new decision-making procedure in the field of the common commercial policy does not apply to the present context given that before the entry into force of the Omnibus I Regulation the Commission (i) had already adopted an act (the provisional Regulation), (ii) the consultations that were required under Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community were initiated and concluded, and (iii) the Commission had already adopted a proposal for a Council Regulation adopting definitive measures. On this basis, these parties concluded that the decision making procedures prior to the entry in force of the Omnibus I Regulation should apply.

(126) That claim, however, focuses on the date of initiation of the investigation (which is indeed relevant in relation to the other substantive amendments that were made to the basic Regulation) but fails to note that Regulation (EU) No 37/2014 uses a different criterion (that is, the initiation of the procedure for adoption of measures). The position of FESI and the Footwear Coalition is therefore based on an incorrect interpretation of the transitional rule in Regulation (EU) No 37/2014.

(127) Indeed, given the reference in Article 3 of Regulation (EU) No 37/2014 to procedures initiated for the adoption of measures, which sets out the transitional rules for the changes to the decision-making procedures for the adoption of anti-dumping measures, and given the meaning of procedure in the basic Regulation, for an investigation that was initiated prior to the entry into force of Regulation (EU) No 37/2014, but where the Commission had not launched the consultation of the relevant committee with a view to adopting measures prior to that entry into force, the new rules apply to the procedure for adopting the said anti-dumping measures. The same holds true for proceedings where measures had been imposed on the basis of the old rules and come up for review, or for measures where provisional duties had been imposed on the basis of the old rules, but the procedure for adopting definitive measures had not been launched yet when Regulation (EU) No 37/2014 entered into force. In other words, Regulation (EU) No 37/2014 applies to a specific procedure for adoption and not to the entire period of a given investigation or even proceeding.

(128) The contested regulation was adopted in 2006. The relevant legislation applicable to this proceeding is Regulation (EU) 2016/1036. Therefore, this claim is rejected.

(129) With regard to Clarks et al, it is first claimed that the Commission had no legal basis to investigate the MET/IT claims submitted by exporting producers in the original investigation. Clarks et al argued that the proceeding, which was closed by the expiry of the measures on 31 March 2011, was not invalidated by the judgment in Joined Cases C-659/13 and C-34/14, and that therefore, it cannot be reopened.

(130) In reply to this comment, the Commission refers to the explanation provided in recitals 99 to 104.

(131) Second, Clarks et al claimed that the current proceeding is in breach of the principles of non-retroactivity and legal certainty enshrined in Article 10 of the basic Regulation. In addition, SIEMES, another importer of footwear, similarly, claimed that there would be no legal basis for imposition of anti-dumping duties on a retroactive basis and referred to case law, i.e. Case C-458/98 P, Industrie des poudres sphériques v Council

ECLI:EU:C:2000:531.

, and to previous practice of the Commission in this regard.

(132) As to the claim concerning retroactivity based on Article 10 of the basic Regulation and Article 10 of the WTO Anti-Dumping Agreement (WTO ADA), Article 10(1) of the basic Regulation, which follows the text of Article 10.1 of the WTO ADA, stipulates that provisional and definitive anti-dumping duties shall only be applied to products which enter free circulation after the time when the measures taken pursuant to Article 7(1) or 9(4) of the basic Regulation, as the case may be, enter into force. In the present case, the anti-dumping duties in question are only applied to products which entered into free circulation after the provisional and the contested (definitive) Regulation taken pursuant to 7(1) and 9(4) of the basic Regulation respectively had entered into force. Retroactivity in the sense of Article 10(1) of the basic Regulation, however, refers only to a situation where the goods were introduced into free circulation before measures were introduced, as can be seen from the very text of that provision as well as from the exception for which Article 10(4) of the basic Regulation provides.

(133) The Commission also observes that there is neither a violation of the principle of retroactivity, nor a violation of legal certainty and legitimate expectations involved in the present case.

(134) As to retroactivity, the case-law of the Court distinguishes, when assessing whether a measure is retroactive, between the application of a new rule to a situation that has become definitive (also referred to as an existing or definitively established legal situation), and a situation that started before the entry into force of the new rule, but which is not yet definitive (also referred to as a temporary situation).

(135) In the present case, the situation of the imports of the products concerned that occurred during the period of application of Regulation (EC) No 1472/2006 has not yet become definitive, because, as a result of the annulment of the contested Regulation, the anti-dumping duty applicable to them has not yet been definitively established. At the same time, importers of footwear were warned that such a duty may be imposed by the publication of the Notice of Initiation and the provisional Regulation. It is standing case-law of the Union courts that operators cannot acquire legitimate expectations until the institutions have adopted an act closing the administrative procedure, which became definitive.

(136) This Regulation constitutes immediate application to the future effects of a situation that is ongoing: The duties on footwear have been levied by national customs authorities. As a result of the requests for reimbursement, which have not been decided in a definitive way, they constitute an ongoing situation. This Regulation sets out the duty rate applicable to those imports, and hence regulates the future effects of an ongoing situation.

(137) In any event, even if there were retroactivity in the sense of Union law, quod non, such retroactivity would be justified, for the following reason:

(138) The substantive rules of Union law may apply to situations existing before their entry into force in so far as it clearly follows from their terms, objectives or general scheme that such effect must be given to them. In particular, in case C-337/88 Società agricola fattoria alimantare (SAFA), it was held that: [A]lthough in general the

principle of legal certainty precludes a Community measure from taking effect from a point in time before its publication, it may exceptionally be otherwise where the purpose to be achieved so demands and where the legitimate expectations of those concerned are duly respected

ECLI:EU:C:1990:1, paragraph 13.

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(139) In the present case, the purpose is to comply with the obligation of the Commission pursuant to Article 266 TFEU. Since, in the judgments referred to in recital 12, the Court only found an illegality with regard to the determination of the applicable duty rate, and not with regard to the imposition of the measures themselves (that is, with regard to the finding of dumping, injury, causation and Union interest), the exporting producers concerned could not have legitimately expected that no definitive anti-dumping measures would be imposed. Consequently, that imposition, even if it was retroactive, quod non, cannot be construed as breaching legitimate expectations.

(140) Third, Clarks et al claimed that it would be discriminatory and in breach of Article 266 TFEU to reimpose an anti-dumping duty on the seventy exporting producers concerned, given that no anti-dumping duty was reimposed following the Brosmann and Aokang judgments.

(141) This claim is unfounded. Importers that have imported from Brosman and the other four exporting producers concerned by the judgments in cases C-247/10 P and C-249/10 P, are in a different factual and legal situation, because their exporting producers decided to challenge the contested Regulation and because they were reimbursed their duties, so that they are protected by Article 221(3) of the Community Customs Code. No such challenge and no such reimbursement have taken place for others. See, in this regard, also recitals 118 to 122.

(142) Fourth, Clarks et al alleged that there were several procedural irregularities resulting from this investigation. In the first place, they argued that the exporting producers concerned may no longer be in a position to provide meaningful comments or adduce additional evidence to support their MET/IT claims that they made several years ago. For example, the companies may no longer exist or relevant documents may no longer be available.

(143) In addition, Clarks et al argued that unlike during the original investigation, the Commission's measures would de facto and de jure affect only importers, whereas they have no means of providing any meaningful input and cannot require their suppliers to cooperate with the Commission.

(144) The Commission observes that nothing in the basic Regulation requires the Commission to give exporting companies claiming MET/IT the possibility to complete lacking factual information. In fact, and as set out in recital 88 the burden of proof lies with the producer wishing to claim MET/IT under Article 2(7)(b) of the basic Regulation. The right to be heard concerns the assessment of those facts, but does not comprise the right to remedy deficient information. Otherwise, the exporting producer could prolong indefinitely the assessment, by providing information piece by piece.

(145) In that regard, it is recalled that there is no obligation, for the Commission, to request the exporting producer to complement the MET/IT claim. As mentioned in recital 84, the Commission may base their assessment on the information submitted by the exporting producer. In any event, the exporting producers concerned have not contested the assessment of their MET/IT claims by the Commission, and they have not identified which documents or which people they have no longer been able to rely upon. The allegation is therefore so abstract that the institutions cannot take into account those difficulties when carrying out the assessment of the MET/IT claims. As that argument is based on speculation and not supported by precise indications as to which documents and which people are no longer available and as to what the relevance of those documents and people for the assessment of the MET/IT claim is, that argument is rejected.

(146) Regarding the claim that an importer would have no means to provide any meaningful input, the Commission observes the following: first, importers do not enjoy rights of defence, as the anti-dumping measure is not directed against them, but against the exporting producers. Second, importers had the opportunity to comment on that point already during the administrative procedure prior to the adoption of the contested Regulation. Third, if importers thought that there was an irregularity in that regard, they had to take the necessary contractual arrangements with their suppliers to ensure to dispose of the necessary documentation. Therefore, the claim has to be rejected.

(147) Fifth, Clarks et al argued that the Commission failed to examine whether the imposition of the anti-dumping duties would be in the Union interest and argued that the measures would be against the Union interest because (i) the measures already had their intended effect when first imposed; (ii) the measures would not cause additional benefit for the Union industry; (iii) the measures would not affect the exporting producers and (iv) the measures would impose an important cost on the importers in the Union.

(148) The present case only concerns the MET/IT requests, because this is the only point on which a legal error has been identified by the Union Courts. For Union interest, the assessment in Regulation (EC) No 1472/2006 remains fully valid. Furthermore, the present measure is justified in order to protect the financial interest of the Union.

(149) Sixth, Clarks et al claimed that the anti-dumping duty, if reimposed, could no longer be collected because of the statute of limitations of Article 221(3) of the Community Customs Code (now Article 103(1) of the Union Customs Code) had expired. According to Clarks et all, this situation would constitute an abuse of power by the Commission.

(150) The Commission recalls that according to Article 221(3) of the Community Customs Code/103(1) of the Union Customs Code, the statute of limitations does not apply where an appeal pursuant to Article 243 of the Community Customs Code/Article 44(2) of the Union Customs Code is lodged, as in all the present cases, which concern appeals on the basis of Article 236 of the Community Customs Code/Article 119 of the Union Customs Code. An appeal within the meaning of Article 103(3) of the Union Customs Code, pursuant to the clarification in Article 44(2) of the same regulation, extends from the initial challenge to the decision by the national customs authorities imposing the duties up to the final judgment rendered by the national court, including, where necessary, a reference for a preliminary ruling. The three year period is consequently stayed from the date the challenge is filed.

(151) Lastly, Clarks et al claimed that, following the expiry of paragraph 15(a)(ii) of China's WTO Protocol of Accession on 11 December 2016, the Commission can no longer rely on the methodology used to determine normal value for Chinese exporters in the original investigation (i.e. the analogue country methodology under Article 2(7)(a) of the basic Regulation).

(152) The contested regulation was adopted in 2006. The relevant legislation applicable to this proceeding is the Regulation (EU) 2016/1036 of the European Parliament and the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union. Therefore, this claim is rejected.

(153) In addition, SIEMES argued that the length of the procedure in relation to its ongoing reimbursement request of anti-dumping duties before the German customs authorities violates the right of good administration under Article 41 of the Charter of Fundamental Rights of the European Union. First, the Commission notes that decisions over repayment of the anti-dumping duties fall within the competence of the national customs authorities of the Member States. Second, the Commission understood from the information provided to it that SIEMES' reimbursement request of 19 March 2012 was rejected because the judgment pursuant to which it lodged its reimbursement request was limited to Brosmann and Aokang. The judgment had no effect vis-à-vis other exporting producers in China and Vietnam. Only on 4 February 2016 did the Court of Justice declare, in Joined Cases C-659/13 C & J Clark International Limited and C-34/14 Puma SE, the contested Regulation invalid in so far as it concerned all exporting producers of the product concerned (see recital 12). It is only at this point that SIEMES was concerned by a judgment of the Court, as duly notified to it by the German customs authorities in their letter of 7 September 2016. The Commission implemented the judgment vis-à-vis a number of exporting producers as described in recitals 18 to 38, as well as vis-à-vis the importers requesting reimbursement claims before the German customs authorities. In particular, as regards imports subject to reimbursement claims notified to the Commission by the German customs authorities in accordance with Article 1 of Implementing Regulation (EU) 2016/223 (reference is made to recital 30), the Commission fully respected the eight month time limit for implementation set out in Article 1(2) of that Regulation. The Commission, accordingly, disagreed with the argument that this procedure violated the principle of good administration. This claim had therefore to be rejected.

D.

CONCLUSIONS

(154) Having taken account of the comments made and the analysis thereof, the Commission concluded that the residual anti-dumping duty applicable to China and Vietnam, i.e. 16,5 % and 10 % respectively, should be reimposed for the period of application of the contested Regulation.

(155) As mentioned in recital 28, the Commission suspended the assessment of the companies listed in Annex III of Commission Implementing Regulation (EU) 2017/423 until the importer claiming reimbursement from national customs authorities has informed the Commission of the names and addresses of the exporting producer(s) from which the relevant traders purchased footwear, or where no reply is received within that period of time, the expiry of the deadline set by the Commission for providing that information.

(156) In Article 3 of Regulation (EU) 2017/423 the Commission also instructed the relevant national customs authorities not to reimburse the customs duties collected until the Commission has finalised the assessment of the relevant MET/IT claims.

(157) As a consequence, as mentioned in recital 29, Pentland Brands Ltd, Puma UK Ltd and Deichmann Shoes UK Ltd came forward and identified their suppliers. The Commission analysed the MET/IT claims of the suppliers identified in the current Regulation. It follows that the Commission finalised the assessment of the situation of the companies listed in Annex III of Regulation (EU) 2017/423. As a result, for companies listed in Annex III of Commission Implementing Regulation (EU) 2017/423, the Commission has no record that these companies submitted any MET/IT claim form in the original investigation. The relevant reimbursement claim of the importers should therefore not be granted because the contested Regulation has not been annulled as far as they are concerned. For ease of reference, the Commission has reproduced Annex III of Regulation (EU) 2017/423 as Annex VI to this Regulation.

E.

DISCLOSURE

(158) The exporting producers concerned, the importers that were concerned by notification of the customs authorities of Germany and the Netherlands, the importers that came forward providing the names and addresses of their respective suppliers in China and/or Vietnam as well as all other parties that came forward were informed of the essential facts and considerations on the basis of which it was intended to recommend the reimposition of the definitive anti-dumping duty on exports of the 70 exporting producers concerned. They were granted a period within which to make representations subsequent to disclosure.

(159) This Regulation is in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EU) 2016/1036,

HAS ADOPTED THIS REGULATION:

Article 1

  1. A definitive anti-dumping duty is hereby imposed on imports of footwear with uppers of leather or composition leather, excluding sports footwear, footwear involving special technology, slippers and other indoor footwear and footwear with a protective toecap, originating in the People's Republic of China and Vietnam and produced by the exporting producers listed in Annex II to this Regulation and falling within CN codes: 64032000, ex64033000

By virtue of Commission Regulation (EC) No 1549/2006 of 17 October 2006 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 301, 31.10.2006, p. 1) this CN code is replaced on 1 January 2007 by CN codes ex64035105, ex64035905, ex64039105 and ex64039905.

, ex64035111, ex64035115, ex64035119, ex64035191, ex64035195, ex64035199, ex64035911, ex64035931, ex64035935, ex64035939, ex64035991, ex64035995, ex64035999, ex64039111, ex64039113, ex64039116, ex64039118, ex64039191, ex64039193, ex64039196, ex64039198, ex64039911, ex64039931, ex64039933, ex64039936, ex64039938, ex64039991, ex64039993, ex64039996, ex64039998 and ex64051000

As defined in Commission Regulation (EC) No 1719/2005 of 27 October 2005 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 286, 28.10.2005, p. 1). The product coverage is determined in combining the product description in Article 1(1) and the product description of the corresponding CN codes taken together.

which took place during the period of application of Council Regulation (EC) No 1472/2006 and Council Implementing Regulation (EU) No 1294/2009. The TARIC codes are listed in the Annex I to this Regulation.

  1. For the purpose of this Regulation, the following definitions shall apply:

sports footwear shall mean footwear within the meaning of subheading note 1 to Chapter 64 of Annex I of Commission Regulation (EC) No 1719/2005

OJ L 286, 28.10.2005, p. 1.

;

footwear involving special technology shall mean footwear having a CIF price per pair of not less than EUR 7,5, for use in sporting activities, with a single- or multi-layer moulded sole, not injected, manufactured from synthetic materials specially designed to absorb the impact of vertical or lateral movements and with technical features such as hermetic pads containing gas or fluid, mechanical components which absorb or neutralise impact, or materials such as low-density polymers and falling within CN codes ex64039111, ex64039113, ex64039116, ex64039118, ex64039191, ex64039193, ex64039196, ex64039198, ex64039991, ex64039993, ex64039996, ex64039998;

footwear with a protective toecap shall mean footwear incorporating a protective toecap with an impact resistance of at least 100 joules

The impact resistance shall be measured according to European Norms EN345 or EN346.

and falling within CN codes: ex64033000

By virtue of Commission Regulation (EC) No 1549/2006 of 17 October 2006 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 301, 31.10.2006, p. 1) this CN code is replaced on 1 January 2007 by CN codes ex64035105, ex64035905, ex64039105 and ex64039905.

, ex64035111, ex64035115, ex64035119, ex64035191, ex64035195, ex64035199, ex64035911, ex64035931, ex64035935, ex64035939, ex64035991, ex64035995, ex64035999, ex64039111, ex64039113, ex64039116, ex64039118, ex64039191, ex64039193, ex64039196, ex64039198, ex64039911, ex64039931, ex64039933, ex64039936, ex64039938, ex64039991, ex64039993, ex64039996, ex64039998 and ex64051000;

slippers and other indoor footwear shall mean such footwear falling within CN code ex64051000.

  1. The rate of the definitive anti-dumping duty applicable, before duty, to the net free-at-Union-frontier price of the products described in paragraph 1 and manufactured by the exporting producers listed in Annex II to this Regulation shall be 16,5 % for the Chinese exporting producers concerned and 10 % for the Vietnamese exporting producer concerned.

Article 2

The amounts secured by way of the provisional anti-dumping duty pursuant to Commission Regulation (EC) No 553/2006 shall be definitively collected. The amounts secured in excess of the definitive rate of anti-dumping duties shall be released.

Article 3

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, 4 December 2017.

For the Commission

The President

Jean-Claude Juncker

Annex

ANNEX I

TARIC codes for footwear with uppers of leather or composition leather as defined in Article 1

a)

From 7 October 2006:

6403300039, 6403300089, 6403511190, 6403511590, 6403511990, 6403519190, 6403519590, 6403519990, 6403591190, 6403593190, 6403593590, 6403593990, 6403599190, 6403599590, 6403599990, 6403911199, 6403911399, 6403911699, 6403911899, 6403919199, 6403919399, 6403919699, 6403919899, 6403991190, 6403993190, 6403993390, 6403993690, 6403993890, 6403999199, 6403999329, 6403999399, 6403999629, 6403999699, 6403999829, 6403999899 and 6405100080

b)

From 1 January 2007:

6403510519, 6403510599, 6403511190, 6403511590, 6403511990, 6403519190, 6403519590, 6403519990, 6403590519, 6403590599, 6403591190, 6403593190, 6403593590, 6403593990, 6403599190, 6403599590, 6403599990, 6403910519, 6403910599, 6403911199, 6403911399, 6403911699, 6403911899, 6403919199, 6403919399, 6403919699, 6403919899, 6403990519, 6403990599, 6403991190, 6403993190, 6403993390, 6403993690, 6403993890, 6403999199, 6403999329, 6403999399, 6403999629, 6403999699, 6403999829, 6403999899 and 6405100080

c)

From 7 September 2007:

6403510515, 6403510518, 6403510595, 6403510598, 6403511191, 6403511199, 6403511591, 6403511599, 6403511991, 6403511999, 6403519191, 6403519199, 6403519591, 6403519599, 6403519991, 6403519999, 6403590515, 6403590518, 6403590595, 6403590598, 6403591191, 6403591199, 6403593191, 6403593199, 6403593591, 6403593599, 6403593991, 6403593999, 6403599191, 6403599199, 6403599591, 6403599599, 6403599991, 6403599999, 6403910515, 6403910518, 6403910595, 6403910598, 6403911195, 6403911198, 6403911395, 6403911398, 6403911695, 6403911698, 6403911895, 6403911898, 6403919195, 6403919198, 6403919395, 6403919398, 6403919695, 6403919698, 6403919895, 6403919898, 6403990515, 6403990518, 6403990595, 6403990598, 6403991191, 6403991199, 6403993191, 6403993199, 6403993391, 6403993399, 6403993691, 6403993699, 6403993891, 6403993899, 6403999195, 6403999198, 6403999325, 6403999328, 6403999395, 6403999398, 6403999625, 6403999628, 6403999695, 6403999698, 6403999825, 6403999828, 6403999895, 6403999898, 6405100081 and 6405100089

Annex

ANNEX II

List of exporting producers for which imports a definitive anti-dumping duty is imposed

Name of the exporting producerTARIC additional codeAiminer Leather Products Co., Ltd (Chengdu — China)A999Best Health Ltd (Hou Jei Dong Wong — China)A999Best Run Worldwide Co., Ltd (Dongguan — China)A999Bright Ease Shoe Factory (Dongguan — China) and related companies Honour Service (Taipei – Taiwan) and Waffle Shoe ManufacturingA999Cambinh Shoes Company (Lai Cach — Vietnam)A999Dong Anh Footwear Joint Stock Company (Hanoi — Vietnam)A999Dong Guan Bor Jiann Footwear Co., Ltd (Dongguan — China)A999Dongguan Hongguo Shoes Co., Ltd (Dongguan — China)A999Dongguan Hopecome Footwear Co, Ltd (Dongguan — China)A999Dongguan Houjie Baihou Hua Jian Footwear Factory (Dongguan — China)A999Dongguan Qun Yao Shoe Co., Ltd (Dongguan — China) and related company Kwan Yiu Co. LtdA999Dongyi Shoes Co., Ltd (Wenzhou — China)A999Doozer (Fujian) Shoes Co., Ltd (Jinjiang, Fujian — China)A999Emperor (VN) Co., Ltd (Tinh Long An — Vietnam)A999Everlasting Industry Co., Ltd (Huizhou — China)A999Freetrend Industrial Ltd (China) (Shenzhen — China)A999Freeview Company Ltd (Shenzhen — China)A999Fu Jian Ching Luh Shoes Co., Ltd (Fuzhou — China)A999Fu Jian Lion Score Sport Products Co., Ltd (Fuzhou — China)A999Fujian Footwear & Headgear Import & Export (Holdings) Co., Ltd (Fuzhou — China)A999Fujian Jinjiang Guohui Footwear & Garment Co., Ltd (Chendai, Jinjiang Fujian — China)A999Gan Zhou Hua Jian International Footwear Co., Ltd (Ganzhou — China)A999Golden Springs Shoe Co., Ltd (Dongguan — China)A999Haiduong Shoes Stock Company (Haiduong — Vietnam)A999Hangzhou Forever Shoes Factory (Hangzhou — China)A999Hua Jian Industrial Holding Co., Ltd (Kowloon — Hong Kong) and related company Hua Bao Shoes Co., LtdA999Huu Nghi Danang Company (HUNEXCO) (Da Nang — Vietnam)A999

Hwa Seung Vina Co., Ltd (Nhon Trach — Vietnam)A999Jason Rubber Works Ltd (Kowloon — Hong Kong) and related company New Star Shoes FactoryA999Jinjiang Hengdali Footwear Co., Ltd (Jinjiang, Fujian — China)A999Jinjiang Xiangcheng Footwear and Plastics Co., Ltd (Jinjiang, Fujian — China)A999JinJiang Zhenxing shoes & plastic Co., Ltd (Jinjiang, Fujian — China)A999Juyi Group Co., Ltd (Wenzhou — China)A999K Star Footwear Co., Ltd (Zhongshan — China) and related company Sun Palace Trading LtdA999Kangnai Group Wenzhou Lucky Shoes and Leather Co., Ltd (Wenzhou — China)A999Khai Hoan Footwear Co., Ltd (Ho Chi Minh city — Vietnam)A999Lian Jiang Ching Luh Shoes Co., Ltd (Fuzhou — China)A999Li-Kai Shoes Manufacturing Co., Ltd (Dongguan — China)A999New Star Shoes Factory (Dongguan — China)A999Ngoc Ha Shoe Company (Hanoi — Vietnam)A999Nhi Hiep Transportation Construction Company Limited (Ho Chi Minh city — Vietnam)A999Ophelia Shoe Co., Ltd (Dongguan — China)A999Ormazed Shoes (Zhao Qing City) Ltd (Zhaoqing — China)A999Ormazed Shoes Ltd (Dong Guan) (Dongguan — China)A999Pacific Joint — Venture Company (Binh Duong — Vietnam)A999Phuc Yen Shoes Factory (Phuc Yen — Vietnam) and related company Surcheer Industrial Co., LtdA999Phuha Footwear Enterprise (Ha Dong — Vietnam)A999Phuhai Footwear Enterprise (Haiphong — Vietnam)A999Phulam Footwear Joint Stock Company (Ho Chi Minh City — Vietnam)A999Putian Dajili Footwear Co., Ltd (Putian — China)A999Right Rich Development VN Co., Ltd (Binh Duong — Vietnam)A999Saigon Jim Brother Corporation (Binh Duong — Vietnam)A999Shenzhen Harson Shoes Ltd (Shenzhen — China)A999Shunde Sunrise (II) Footwear Co., Ltd (Foshan — China) and related company Headlines Int LtdA999Splendour Enterprise Co., Ltd (Nhon Trach — Vietnam)A999Stellar Footwear Co., Ltd (Haiduong — Vietnam)A999Sung Hyun Vina Co., Ltd (Binh Duong — Vietnam) and related company Sung Hyun Trading Co. LtdA999

Synco Footwear Ltd (Putian — China)A999Thai Binh Shoes Joint Stock Company (Binh Duong — Vietnam)A999Thang Long Shoes Company (Hanoi — Vietnam)A999Thanh Hung Co., Ltd (Haiphong — Vietnam)A999Thuy Khue Shoes Company Ltd (Hanoi — Vietnam)A999Truong Loi Shoes Company Limited (Ho Chi Minh City — Vietnam)A999Wenzhou Chali Shoes Co., Ltd (Wenzhou — China)A999Wenzhou Dibang Shoes Co., Ltd (Wenzhou — China)A999Wenzhou Gold Emperor Shoes Co., Ltd (Wenzhou — China)A999Xiamen Sunchoose Import & Export Co., Ltd (Xiamen — China)A999Xingtaiy Footwear Industry & Commerce Co., Ltd (Guangzhou — China)A999Zhuhai Shi Tai Footwear Company Limited (Zhuhai — China)A999Zhuhai Shun Tai Footwear Company Limited (Zhuhai — China)A999

Annex

ANNEX III

List of companies notified to the European Commission for which there is no record of MET/IT claims

2kelly Asia Ltd

A Plus

A.T.G. Sourcing Limited NL

also spelled ATG Sourcing Ltd

Admance Australia Pty Ltd

Agrimexco

Aider Company

Alsomio International Co. Ltd

Am Shoe Company

Amparo (Hk) Industry Limited

An Thinh Footwear Co. Ltd

An Thinh Shoes Company Ltd

Applause Shoes Co. Ltd

Aquarius Corporation

Ara Shoes (China) Co. Ltd

Asco General Suppliers (Far East) Ltd

Asiatec Industrial Limited

Betafac Industries Ltd

Bk Development Ltd

Bongo Enterprise

Bonshoe International Co. Ltd

Boxx Shoes

Brimmer Footwear Co. Ltd

(Guangzhou) C T N Footwear Co. Ltd

Calstep International Co.

Capital Bright Int Trading Services Ltd

Champ Link

Champion Footwear Mfg Co. Ltd

Chanty Industrial

Chen You Industries Co. Ltd

Chen Zhou Xin Chang Shoes Co. Ltd

Chenwell Co., Ltd

Chenyun Industry Development Ltd

Chiao Hong Shoes Co., Ltd

Chiao Hong Shoes Factory

China Arts & Crafts Nanhing I/E Corp Hanzhou Branch

China Guide Enterprises Limited

China Shenzhen Yuhui Import & Export Co. Ltd

China Sourcing Trading Co.

Chinook Products Co. Ltd

Chris Sports Systems

Chung Phi Enterprises Corp.

Clarion

Cong Hua Sheng Fu Shoes Co. Ltd

Continuance Vietnam Footwear Co. Ltd

Courtaulds Footwear

Denise Style Co., Ltd

Dong Guan Chang An Sha Tou Chi Long Shoes Factory China

Dong Guan Chang An Xiao Bian Seville Footwear Factory

Dong Guan Da Tian Shoes Co. Ltd

Dong Guan Shine Full Co. Ltd

Dong Guan Surpassing Shoes Co., Ltd

Dong Guan Yue Yuen Mfg. Co.

Dong Hung Industrial Joint Stock Company

Dongguan Chang An Xiao Bian Xin Peng Footwear Factory (also known as Seville)

also notified as: Dongguan Chang An Xiao Bian Seville Footwear Factory (Seville = Xin Peng)

Dongguan China Lianyun Footwear Manu-Facturing Co. Ltd

Dongguan Da Ling Shan Selena Footwear Factory

Dongguan Energy Shoe Co.

Dongguan Golden East Shoe Co. Ltd

Dongguan Houjie Santun Chen You Shoes Factory

Dongguan Lian Zeng Footwear Co. Ltd

also spelled Dongguan Liaan Zeng Footwear Co. Ltd China

Dongguan Lianyun Footwear Manu-Facturing Co. Ltd

Dongguan Liao Bu Lian Ban You Wu Handbag Factory

Dongguan Liao Bu Yao Hui Shoes Fty

Dongguan Max Footwear Co. Limited

Dongguan Medicines and Health Products Import and Export Corporation Limited Of Guang Dong

Dongguan Nan Cheng China Full Bags Mfs. Fty.

Dongguan Shi Fang Shoes Co. Ltd

Dongguan Tongda Storage Serve Co. Ltd

Dongguan Ying Dong Shoes Co. Ltd

Dongguan Yongyi Shoes Co. Ltd

Donguan Chaoguan Footwear Ltd

Earth Asia Ltd

East City Trading Ltd

East Rock Limited

Eastern Load International Llc

E-Teen Market Ltd

Eternal Best Industrial Limited

Ever Credit China

Ever Credit Pacific Ltd

Ever Grace Shoes Vietnam Co. Ltd

Everco International

Ever-Rite International

Evervan

Evervan Deyang Footwear Co., Ltd

Evervan Golf

Evervan Qingyuan Footwear Co., Ltd

Evervan Qingyuan Vulcanized

Evervan Vietnam

Fabrica De Sapatos K

Fh Sports Agencies Ltd

Focus Footwear Co., Ltd

Focus Shoe Trading

Footwear International Germany Gmbh

Footwear Sourcing Company

Fortune Footwear Co. Ltd

Fortune Success Footwear Co. Ltd

Foshan Nanhai Nanbao Shoes Factory Ltd

Foshan Nanhai Shyang Ho Footwear Co. Ltd

also spelled Shyang Ho Footwear Ltd

Four Star Shoes Co.

Freedom Trading Co. Inc

Fuh Chuen Co. Ltd

Fujian Putian Shuangchi Sports Goods

Fujian Putian Sunrise Footwear Limited

also spelled Putian Sunrise Footwear Limited

Fujian Quanzhou Dasheng Plastic

Fujian Quanzhoutianchen Imp.& Exp.Trading Corp.

Fuqing Fuxing Plastic Rubber Products Co. Ltd

Fuqing Shengda Plastic Products Co., Ltd

Fuqing Xinghai Shoes Limited Company

Fuzhou B.O.K. Sports Industrial Co. Ltd

Fuzhou Simpersons Int. Trading Co. Ltd

Fuzhou Unico Trading Co. Ltd

Gain Strong Industrial Ltd

Gao Yao Chung Jye Shoes Ltd

also spelled Gaoyao Chung Jye Shoes Manufacturer

Gasond Asia Limited

Gcl Footwear

Get Ever International Ltd

G-Foremost Co. Ltd

Giai Hiep Co. Ltd

Globe Distribution Co. Ltd

Golden Power Ind. Ltd

Golden Sun Joint Stock Company

Grace Master Limited

Great Union Manufacturing Ltd

Greenery Eternal Corporation

Greenland

Greenland Footwear Manufacturing Co. Ltd

Greenland Int. Ltd

Greenland International

Greenland Lian Yun

Gs (Gain Strong) Footwear Co. Ltd

Guang Xi Simona Footwear Co. Ltd

Guangdong Foreign Trade Imp.+Exp. Corp.

Guangdong Luxfull Shoes Co. Ltd

Guanglong Leather Goods Limited

Guangu Footwear Co. Ltd

Guangzhou Ecotec Tootwear Corporation Ltd

Guangzhou Ever Great Athertic Goods Co. Ltd

Guangzhou Guanglong Leather Goods Ltd

Guangzhou Panyu Xintaiy Footwear Industry & Commerce Co. Ltd

Guangzhou Peace Union Footwear Co. Ltd

Haili Import and Export Trading

Hainam Company Limited

Hangzhou Kingshoe Co. Limited

Hao Sheng Shoes Factory

Hao Sheng Shoes Factory

Haoin-Mao-Mao Import-Export Co. Ltd

He Shan Chung O Shoes

Heshan Heng Da Footwear Co. Ltd

Heshan Shi Hengyu Footwear Ltd

High Hope Int'L Group Jiangsu Foodstuffs Imp & Exp Corp. Ltd

Hison Vina Co., Ltd

Holly Pacific Ltd

Hong Kong Ko Chau Enterpise Limited

Hopecome Enterprises Limited

Houjie Santun Cheng Yu Shoes Factory

Hr Online Gmbh

Hsin Yih Footwear Co. Ltd

Huang Lin Footwear Co. Ltd

Huey Chuen (Cambodia) Co., Ltd

Huey Chuen Shoes Group

Huidong County Fucheng Shoes Co. Ltd

Hung Huy Co

Hung Thai Co., Ltd

Huy Phong Ltd Company

Idea (Macao Commercial Offshore) Ltd

Innovation Footwear Co. Ltd

Intermedium Footwear

Intermedium Shoes B.V.

International Shoe Trading Ltd

J&A Footwear Co. Ltd

J.J Trading Co., Ltd

Jangchun Shoe Manufacturing

Jascal Company Ltd

Jaxin Factory

Jeffer Enterprise Corp.

Ji Tai Leather Goods Co. Ltd

Jia Hsin Co. Ltd

Jimmy & Joe International Co., Ltd

Jinjiang Landhiker

Jou Churng Shoes Co. Ltd

Jws International Corp

Kaiyang Vietnam Co., Ltd

Kamkee

Kaoway Sports Ltd

Kim Duc Trading-Producting Co. Ltd

Kimberly Inc. Ltd

also spelled Kimberley Inc Ltd

Ku Feng Shoes Factory

Lai Sun Enterprise Co. Ltd

Leader Global Co. Ltd

Legent Footwear Ltd

Lei Yang Nan Yang Shoes Co. Ltd

Leung's Mi Mi Shoes Factory Co. Ltd, Dongguan China

Lian Yun

Lian Zeng Footwear Co. Ltd

Lianyang Trading Co

Lianyun Footwear Manufacturing Co. Ltd

Link Worldwide Holdings Ltd

Longchuan Simona Footwear Co. Ltd

Longshine Industries Ltd

Lucky Shoes Factory

Madison Trading Ltd

Maggie Footwear Trading Co. Ltd

Mai Huong Co. Ltd

Main Test Inc

Manzoni Trading Ltd

Marketing&Service 2000

Maru Chuen (Cambodia) Corp. Ltd

Maru Chuen Corp.

also spelled Maru Chuen (East City)

Master Concept Group Inc.

Mega International Group

Mega Power Co. Ltd

Mega Union Shoes

Memo B.V.

Metro & Metro

Mfg Commercial Ltd

Minh Nghe Trading & Industrial Co., Ltd

Mode International Inc.

Nam Po Footwear Ltd

Nanhai Yongli Shoes Co. Ltd

New Allied Com. Limited

New Concord Investment Ltd

Nice Well Holdings Limited

Niceriver Development Ltd

Niceriver Shoes Factory

Ningbo Dewin Internat. Co. Ltd

Nisport International Ltd

Ocean Ken International Ltd

O-Joo International Co., Ltd

O'leer Ind, Vietnam

Orces

Oriental Max Group

Oriental Sports Industrial Co. Ltd

also spelled Oriental Sports Industrial Vietnam Co. Ltd

Osco Industries Limited

Osco Vietnam Company Limited

P.W.H. Oriental Limited

Panyu Force Footwear Co. Ltd

Park Avenue Sport

Parramatta Shu Haus Limited

Perfect Footwear International Co., Ltd

Perfect Global Enterises Ltd

Perfect Insight Holdings Ltd

Performance Plus Co.

Phuoc Binh Company Ltd

Planet Shoe S.R.O.

also spelled Planet

Pou Hong (Yangzhou) Shoes

Pro Dragon Inc

Pro-Agenda Int'l Co. Ltd

Programme

Programme International

Protonic (Xiamen) Shoe Co., Ltd

Pt. Horn Ming Indonesia

Putian City Weifeng Footwear Co., Ltd

Putian Dongnan Imp.& Exp. Trading Co. Ltd

Putian Elite Ind.&Trading Co. Ltd

also spelled Putian Elite Industry and Trading Co., Ltd

Putian Hengyu Footwear Co. Ltd

Putian Licheng Xinyang Footwear Co. Ltd

Putian Wholesome Trading Co. Ltd

Putian Xiecheng Footwear Co. Ltd

Qingdao Yijia Efar Import & Export Co. Ltd

Quanzhou Hengdali Import & Export Co. Ltd

Quanzhou Zhongxing International Trading Co. Ltd

Quingdao Korea Sporting Goods

Quoc Bao Co. Ltd

Rainbow Global

Rapid Profit International Ltd

Rayco Shoes Corp

Reno Fashion & Shoes Gmbh

Rib-Band Shoes Factory

Rich Shine International Co., Ltd

Rick

Rick Asia (Hong Kong) Ltd

Rieg

Rieg Und Niedermayer

Right Source Investments Ltd

Rollsport Vietnam Footwear Co. Ltd

also spelled Dongguan Roll Sport Footwear Ltd

Rong Hui Shoes Designing Service Centre

Run International Ltd

Run Lifewear Gmbh

S H & M

S.T.C. Universal Holding Ltd

Samsung Uk

San Jia Factory Sanxiang Town

San Jia Shoes Factory

Sanchia Footwear Co. Ltd

Savannah

Selena Footwear Factory

Seng Hong Shoes (Dong Guan) Co. Ltd

Seville Footwear

also spelled Footwear Factory

Seville Footwear Factory

Shanghai Hai Cheng Economic and Trade Corp Ltd

Shen Zhen Jinlian Trade Co. Ltd

Shenzen Kalinxin Imports & Exports Co., Ltd

Shenzhen Huachengmao Industry Co., Ltd

Shenzhen Chuangdali Trade Co. Ltd

Shenzhen Debaoyongxin Import Export Co. Ltd

Shenzhen Fengyuhua Trade Co., Ltd

Shenzhen Ganglianfa Import & Export Co. Ltd

Shenzhen Guangxingtai Import & Export Co. Ltd

Shenzhen Jieshixing Commerce Co., Ltd

Shenzhen Jin Cheng Zing Industry

Shenzhen Jin Hui Glass Decal Industrial Ltd Company, Great Union Manufacturing Ltd

Shenzhen Jinlian Trade Co. Ltd

Shenzhen Jiyoulong Import & Export Co. Ltd

Shenzhen Maoxinggyuan Industry Ltd

also spelled Shenzhen Maoxingyuan Industry Ltd

Shenzhen Minghuida Industry Development Co. Ltd

Shenzhen Ruixingchang Import & Export Co., Ltd

Shenzhen Sanlian Commercial & Trading Co. Ltd

Shenzhen Seaport Import & Export Co. Ltd

Shenzhen Shangqi Imports-Exports Trade Co. Ltd

Shenzhen Sky Way Industrial Ltd

Shenzhen Tuochuang Imp. & Exp. Trading Co. Ltd

Shenzhen Weiyuantian Trade Co. Ltd

Shenzhen Yetai Import & Export Co. Ltd

Shenzhen Yongjieda Import & Export Co. Ltd

Shenzhen Yongxing Bang Industry Co. Ltd

also spelled Shenzhen Yongxingbang Industry Co. Ltd

Shenzhen Yongxingbang Industry Co. Ltd

Shenzhen Yuanxinghe Import & Export Trade Co. Ltd

Shenzhen Yun De Bao Industry Co., Ltd

Shenzhen Zhongmeijia Imports & Exports Co. Ltd

Shenzhen, Shunchang Entrance Limited

Sherwood

Shezhen Luye East Industry Co. Ltd

Shin Yuang Shoe Factory

Shinng Ywang Co

Shiny East Limited

Shishi Foreign Investment

Shishi Longzheng Imp.& Exp. Trade Co. Ltd

also spelled Shishi Longzheng Import And Export Trade Co

Shoes Unlimited

Shoes Unlimited B.V.

Shyang Way

Sichuan Pheedou International Leather Products Co., Ltd

Sichuan Topshine Import & Export

Simona

Simona Footwear Co. Ltd

Sincere Trading Co. Ltd

Sopan (Quanzhou) Import & Export Trading Co. Ltd

Sports Gear Co. Ltd

Sportshoes

Spotless Plastics (Hk) Ltd

Startright Co. Ltd

Stc Universal

Stella-Seville Footwear

Sun & Co

Sun & Co. Holding Ltd

Sun Shoes Factory

Sundance International Co. Ltd

Sunlight Limited — Macao Commercial Offshore

Sunny-Group

Super Trade Overseas Ltd

Supremo Oriental Co. Ltd

Supremo Shoes And Boots Handels Gmbh

T.M.C. International Co. Ltd

Tai Loc

Tai Yuan Trading Co. Ltd

Tam Da Co., Ltd

Tata South East Asia Ltd

Tendenza

Tendenza Schuh-Handelsges. Mbh

Tgl Limited

The Imports And Exports Trade Ltd Of Zhuhai

The Look (Macao Commercial Offshore) Co. Ltd

Thomas Bohl Vertriebs Gmbh

Thomsen Vertriebs Gmbh

Thong Nhat Rubber Company

Thuong Thang Production Shoes Joint Stock Company

Ting Feng Footwear Co. Ltd

Tong Shing Shoes Company

Top China Enterprise

Top Sun Maufacturing Co. Ltd

Trans Asia Shoes Co. Ltd

Transat Trading Ag

Trend Design

Trident Trading Co. Ltd

Tri-Vict Co., Ltd

Truong Son Trade And Service Co. Ltd

Uni Global Asia Ltd

Universal International

Vanbestco Ltd

Ven Bao Shoes Research Development Department

Vietnam Samho Co. Ltd

Vietnam Xin Chang Shoes Co. Ltd

Vinh Long Footwear Co., Ltd

also spelled Long Footwear Company

Wearside Footwear

Well Union

Wellness Footwear Ltd

Wellunion Holdings Ltd Dg Factory

Wenling International Group

Wenzhou Cailanzi Group Co. Ltd

Wenzhou Dingfeng Shoes Co. Ltd

Wenzhou Dinghong Shoes Co., Ltd

Wenzhou Hanson Shoes

Wenzhou Hazan Shoes Co., Ltd

also spelled Wenzohou Hazan Shoes Co., Ltd

Wenzhou Jiadian Shoes Industry Co. Ltd

Wenzhou Jinzhou Group Foreign Trade Ind. Co. Ltd

Wenzhou Thrive Intern. Trading Co. Ltd

Wenzhou Xiongchuang Imp.& Exp. Co. Ltd

Winpo Industries

Wolf Shoe Trading Co.

Wuzhou Partner Leather Co. Ltd

Xiamen C&D Light Industry Co.Ltd

Xiamen Duncan Amos Sportswear Co. Ltd

Xiamen Jadestone Trading Co. Ltd

Xiamen Li Feng Yuan Import And Export Co. Ltd

Xiamen Luxinjia Import & Export Co. Ltd

Xiamen Suaring Arts & Crafts Imp./Exp. Co. Ltd

Xiamen Suntech Imp. & Exp. Company Ltd

Xiamen Unibest Import & Export Co. Ltd

Xiamen Winning Import & Export Trade Co. Ltd

Xiamen Xindeco Ltd

Xiamen Zhongxinlong Import And Export Co. Ltd

Xin Heng Cheng Shoe Factory

Xin Ji City Baodefu Leather Co. Ltd

Yancheng Yujie Foreign Trade Corp Ltd

Yangxin Pou Jia Shoe Manufacturing Co., Ltd

Yih Hui Co. Ltd

Yongxin Footwear Co. Ltd

Yongzhou Xiang Way Sports Goods Ltd (Shineway Sports Ltd)

Yu Yuan Industrial Co. Ltd

Yue Chen Shoes Manufacturer Factory

Yy2-S3 Adidas

Zheijang Wenzhou Packing Imp.& Exp.Corp.

Zhejianc Mayu Import And Export Co. Ltd

Zhejiang G&B Foreign Trading Co., Ltd

Zhong Shan Pablun Shoes

Zhong Shan Profit Reach Ent. Ltd

Zhong Shan Xiao Kam Feng Lan East District Rubber & Plastic Factory

Zhongshan Greenery Eternal Corp

Zhongshan Paolina Shoes Factory

Zhongshan Xin Zhan Shoe Company

Zhongshan Zhongliang Foreign Trade Development Co. Ltd

Zhucheng Maite Footwear Co., Ltd

also spelled Zucheng Majte Footwear Co. Ltd

Annex

ANNEX IV

List of exporting producers notified to the Commission already assessed individually or as part of a company group selected in the sample of exporting producers

Apache

Company No 32

Dona Bitis Imex Corp

Dongguanng Yue Yuen

Fitbest Enterprises Limited

Fuguiniao Group Ltd

Haiphong Leather Products And Footwear Company

also spelled Haiphong Leather Products and Footwear One Member Limited Company Co.

Pou Chen Corporation

Pou Yuen Industrial (Holdings) Ltd

Pou Yuen Vietnam Company Ltd

Pou Yuen Vietnam Enterprises Ltd

Pouyen Vietnam Company Ltd

Pt. Pou Chen Indonesia

Sky High Trading

Sun Kuan (Bvi) Enterprises Limited

also spelled Sun Kuan Enterprise

Sun Kuan J.V. Co.

Sun Sang Kong Yuen Shoes Pty (Huiyang) Ltd

also spelled Sun Sang Korn Yuen Shoes Fty (Huiyang) Co. Ltd and Sun Sang Kong Yuen Shoes Fity. Co. Ltd

Zhong Shan Pou Yuen Bai

Zhong Shan Pou Yuen Manufacture Company

also spelled Zhongshan Pou Yuen Manufacture Company

Annex

ANNEX V

List of exporting producers notified to the Commission already assessed either individually or as part of a company group in the context of Implementing Decision 2014/149/EU or in Implementing Regulations (EU) 2016/1395, (EU) 2016/1647, (EU) 2016/1731, (EU) 2016/2257, (EU) 2017/423 or (EU) 2017/1982

Name of the exporting producerRegulation where it was assessedAn Loc Manufacture ConstructionImplementing Regulation (EU) 2017/423Anlac Footwear Company (Alsimex)Implementing Regulation (EU) 2016/1647Best Royal Co. LtdImplementing Regulation (EU) 2016/1647Brookdale Investments LtdImplementing Regulation (EU) 2016/1395Brosmann FootwearImplementing Decision 2014/149/EUBuildyet ShoesImplementing Regulation (EU) 2016/1395Chengdu SunshineImplementing Regulation (EU) 2016/2257Da Sheng (Bvi) InternationalImplementing Regulation (EU) 2016/1395Da Sheng Enterprise CorporationImplementing Regulation (EU) 2016/1395Diamond Group International LtdImplementing Regulation (EU) 2016/1731Diamond Vietnam Co. LtdImplementing Regulation (EU) 2016/1731Dongguan Shingtak Shoes Company LtdImplementing Regulation (EU) 2017/1982

Dongguan Stella Footwear Co. Ltd

also spelled Duangguan Stella Footwear Co. Ltd

Implementing Regulation (EU) 2016/1395Dongguan Taiway Sports Goods LtdImplementing Regulation (EU) 2016/1395Dongguan Texas Shoes Ltd CoImplementing Regulation (EU) 2017/423Footgearmex Footwear Co. LtdImplementing Regulation (EU) 2016/1731Freetrend Industrial A (Vietnam) Co. LtdImplementing Regulation (EU) 2016/1647

Freetrend Industrial Ltd

also spelled Freetrend Industrial Ltd (Dean Shoes)

Implementing Regulation (EU) 2016/1647Freetrend VietnamImplementing Regulation (EU) 2016/1647Fujian Sunshine Footwear Co. LtdImplementing Regulation (EU) 2016/2257Fulgent Sun Footwear Co. LtdImplementing Regulation (EU) 2016/1647General FootwearImplementing Regulation (EU) 2016/1731

General Shoes Co. Ltd

also spelled General Shoes Ltd

Implementing Regulation (EU) 2016/1647

Genfort Shoes Ltd

also spelled Gaoyao Chung Jye Shoes Manufacturer

Implementing Regulation (EU) 2016/1647 and (EU) 2016/1731

Golden Chang Industrial Co. LtdImplementing Regulation (EU) 2017/423

Golden Star Company Limited

also spelled Golden Star Co. Ltd

Implementing Regulation (EU) 2016/1647Golden TopImplementing Regulation (EU) 2016/1647Golden Top Company LtdImplementing Regulation (EU) 2016/1647Guangzhou Hsieh Da Rubber LtdImplementing Regulation (EU) 2017/423Guanzhou Pan Yu Leader Shoes CorpImplementing Regulation (EU) 2017/423Happy Those International LimitedImplementing Regulation (EU) 2017/423Hopeway Group LtdImplementing Regulation (EU) 2016/1395Hsin-Kuo Plastic IndustrialImplementing Regulation (EU) 2016/1647

Hung Dat Company

also spelled Hung Dat Joint Stock Company

Implementing Regulation (EU) 2016/1647Jianle FootwearImplementing Regulation (EU) 2016/1395Kimo WeihuaImplementing Regulation (EU) 2016/1395Kingfield International LtdImplementing Regulations (EU) 2016/1731 and (EU) 2016/1647

Kingmaker

also spelled Kingmaker (Zhongshan) Footwear Co., Ltd

Implementing Regulation (EU) 2017/423Lac Cuong Footwear Co. LtdImplementing Regulation (EU) 2016/1647Lac Ty Company LtdImplementing Regulation (EU) 2016/1647

Lai Lin Footwear Company

also spelled Lai Yin Footwear Company

Implementing Regulation (EU) 2016/1647

Lien Phat Comp. Ltd

also spelled Lien Pat Comp. Ltd

Implementing Regulation (EU) 2017/423Long Son Joint Stock CompanyImplementing Regulation (EU) 2017/1982Lung Pao Footwear LtdImplementing Decision 2014/149/EU

Maystar Footwear

also spelled Maystar Footwear Co., Ltd

Implementing Regulation (EU) 2017/423Mega Star Industries LimitedImplementing Regulation (EU) 2016/1647Miri FootwearImplementing Regulation (EU) 2017/423 and (EU) 2016/1647

Novi Footwear

also spelled Novi Footwear (F.E.) Pte.Ltd

Implementing Decision 2014/149/EUPacific Footgear CorporationImplementing Regulation (EU) 2017/423

Panyu Pegasus Footwear Co. LtdImplementing Regulation (EU) 2017/423Sao Viet Joint Stock CompanyImplementing Regulation (EU) 2016/1647Shoe Majesty Trading Company (Growth-Link Trade Services)Implementing Regulation (EU) 2016/1647Stella Ds3Implementing Regulation (EU) 2016/1395

Stella Footwear Company Ltd

also spelled Dongguan Stella Footwear Co. Ltd

Implementing Regulation (EU) 2016/1395Stella International LimitedImplementing Regulation (EU) 2016/1395

Strong Bunch

also spelled Strong Bunch Int'l Ltd

Implementing Regulation (EU) 2016/1647Strong Bunch Yung-Li Shoes FactoryImplementing Regulation (EU) 2016/1647Taicang Kotoni Shoes Co. LtdImplementing Regulation (EU) 2016/1395Taiway SportsImplementing Regulation (EU) 2016/1395TathaImplementing Regulation (EU) 2016/1647Texas Shoe IndImplementing Regulation (EU) 2017/423

Thien Loc Shoe Co. Ltd

also spelled Thien Loc Shoes Jointstock Company (Hochimin City/Vietnam)

Implementing Regulation (EU) 2016/1647Thrive Enterprice Co. LtdImplementing Regulation (EU) 2016/1647Tripos Enterprises IncImplementing Regulation (EU) 2016/1647Ty Hung Co. LtdImplementing Regulation (EU) 2016/1731Vietnam Shoe MajestyImplementing Regulation (EU) 2016/1647Vinh Thong Producing-Trading — Service Co. LtdImplementing Regulation (EU) 2017/423

Vmc Royal Co., Ltd

also spelled Royal Company Ltd (Supertrade)

Implementing Regulation (EU) 2016/1647Wei Hua Shoes Co. LtdImplementing Regulation (EU) 2016/1395Wincap Industrial LimitedImplementing Regulation (EU) 2017/423Zhongshan Wei Hao Shoe Co., LtdImplementing Regulation (EU) 2016/1395

Zhongshan Glory Shoes Industrial Co. Ltd

also spelled Zhongshan Glory Shoes Co. Ltd (= Zhongshan Xin Chang Shoes Co. Ltd)

Implementing Regulation (EU) 2017/423

Annex

ANNEX VI

List of companies whose examination was suspended pursuant to Article 3 of Commission Implementing Regulation (EU) 2017/423 and for which there is no record of MET/IT claims:

Alamode

All Pass

Allied Jet Limited

Allied Jet Limited C/O Sheng Rong F

American Zabin Intl

An Thinh Footwear Co. Ltd

Aquarius Corporation

Asia Footwear

Bcny International Inc.

Besco Enterprise

Best Capital

Branch Of Empereor Co. Ltd

Brentwood Fujian Industry Co. Ltd

Brentwood Trading Company

Brown Pacific Trading Ltd,

Bufeng

Bullboxer

C and C Accord Ltd

Calson Investment Limited

Calz.Sab Shoes S.R.L.

Carlson Group

Cd Star

Chaozhou Zhong Tian Cheng

China Ever

Coral Reef Asia Pacific Ltd

Cult Design

Dhai Hoan Footwear Production Joint Stock Company

Diamond Group International Ltd/Yong Zhou Xiang Way Sports Goods Ltd

Dong Guan Chang An Xiao Bian Sevilla

Dong Guan Hua Xin Shoes Ltd

Dongguan Qiaosheng Footwear Co

Dongguan Ta Yue Shoes Co. Ltd

Dongguan Yongxin Shoes Co. Ltd

Eastern Shoes Collection Co. Ltd

Easy Dense Limited

Enigma/More Shoes Inc.

Evais Co., Ltd

Ever Credit Pacific Ltd

Evergiant

Evergo Enterprises Ltd C/O Thunder

Fh Sports Agencies Ltd

Fijian Guanzhou Foreign Trade Corp

Foster Investments Inc.

Freemanshoes Co. Ltd

Fu Xiang Footwear

Fujian Jinmaiwang Shoes & Garments Products Co. Ltd

Gerli

Get Success Limited Globe Distributing Co. Ltd

Golden Steps Footwear Ltd

Goodmiles

Ha Chen Trade Corporation

Hai Vinh Trading Comp

Haiphong Sholega

Hanlin (Bvi) Int'l Company Ltd C/O

Happy Those International Ltd

Hawshin

Heshan Shi Hengyu Footwear Ltd

Hiep Tri Co. Ltd

Hison Vina Co. Ltd

Holly Pacific Ltd

Huey Chuen Shoes Group/Fuh Chuen Co. Ltd

Hui Dong Ful Shing Shoes Co. Ltd

Hunex

Hung Tin Co. Ltd

Ifr

Inter — Pacific Corp.

Ipc Hong Kong Branch Ltd

J.C. Trading Limited

Jason Footwear

Jia Hsin Co. Ltd

Jia Huan

Jinjiang Yiren Shoes Co. Ltd

Jou Da

Jubilant Team International Ltd

Jws International Corp

Kai Yang Vietnam Co. Ltd

Kaiyang Vietnam Co. Ltd

Kim Duck Trading Production

Legend Footwear Ltd also spelled as Legent Footwear Ltd

Leif J. Ostberg, Inc.

Lu Xin Jia

Mai Huong Co. Ltd

Mario Micheli

Masterbrands

Mayflower

Ming Well Int'l Corp.

Miri Footwear International, Inc.

Mix Mode

Morgan Int'l Co., Ltd C/O Hwashun

New Allied

New Fu Xiang

Northstar Sourcing Group Hk Ltd

O.T. Enterprise Co.

O'lear Ind Vietnam Co. Ltd also spelled as O'leer Ind. Vietnam Co. Ltd

O'leer Ind. Vietnam Co. Ltd

Ontario Dc

Osco Industries Ltd

Osco Vietnam Company Ltd

Pacific Best Co., Ltd

Perfect Global Enterprises Ltd

Peter Truong Style, Inc.

Petrona Trading Corp

Phuoc Binh Company Ltd

Phy Lam Industry Trading Investment Corp

Pop Europe

Pou Chen P/A Pou Sung Vietnam Co, Ltd

Pou Chen Corp P/A Idea

Pou Chen Corp P/A Yue Yuen Industrial Estate

Pro Dragon Inc.

Puibright Investments Limited T/A

Putian Lifeng Footwear Co. Ltd

Putian Newpower International T

Putian Xiesheng Footwear Co

Quan Tak

Red Indian

Rick Asia (Hong Kong) Ltd

Right Source Investment Limited/Vinh Long Footwear Co., Ltd

Right Source Investments Ltd

Robinson Trading Ltd

Rubber Industry Corp. Rubimex

Seng Hong Shoes (Dong Guan) Co. Ltd

Seville Footwear

Shanghai Xinpingshun Trade Co. Ltd

Sheng Rong

Shenzhen Guangyufa Industrial Co. Ltd

Shenzhen Henggtengfa Electroni

Shining Ywang Corp

Shishi

Shishi Longzheng Import And Export Trade Co. Ltd

Shoe Premier

Simonato

Sincere Trading Co. Ltd

Sinowest

Slipper Hut & Co

Sun Power International Co., Ltd

Sunkuan Taichung Office/Jia Hsin Co., Ltd

Sunny

Sunny Faith Co., Ltd

Sunny State Enterprises Ltd

Tbs

Tendenza Enterprise Ltd

Texas Shoe Footwear Corp

Thai Binh Holding & Shoes Manufac

Thanh Le General Import-Export Trading Company

Thuong Tang Shoes Co. Ltd

Tian Lih

Tong Shing Shoes Company

Top Advanced Enterprise Limited

Trans Asia Shoes Co. Ltd

Triple Win

Trullion Inc.

Truong Son Trade And Service Co. Ltd

Tunlit International Ltd- Simple Footwear

Uyang

Vietnam Xin Chang Shoes Co.

Vinh Long Footwear Co. Ltd

Wincap Industrial Ltd

Wuzhou Partner Leather Co. Ltd

Xiamen Duncan — Amos Sportswear Co. Ltd

Xiamen Luxinjia Import & Export Co.

Xiamen Ocean Imp&Exp

Xiamen Unibest Import And Export Co. Ltd

Yangzhou Baoyi Shoes

Ydra Shoes

Yongming Footwear Factory

Zhong Shan Pou Shen Footwear Company Ltd

Zigi New York Group

Metadata

Type
Forordning
År
2017
Ikrafttrædelsesdato
1. januar 1970
Commission Implementing Regulation (EU) 2017/2232 of 4 December 2017 reimposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain footwear with uppers of leather originating in the People's Republic of China and Vietnam and produced by certain exporting producers in the People's Republic of China and Vietnam and implementing the judgment of the Court of Justice in Joined Cases C-659/13 and C-34/14 | TheLawyer.sh