Commission Implementing Regulation (EU) 2025/2081of 17 October 2025imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of steel track shoes originating in the People’s Republic of China
32025R2081
European Union
§ Article 2
Article 2 of Implementing Regulation (EU) 2021/2239.
. Moreover, it is incorrect to state that, in the Steel Wind Tower investigation, the Commission assessed dumping and injury for an assembled product incorporating the steel wind tower (i.e., the wind turbine) and that it examined the costs of production of all the components of such wind turbine. It is clear from the Regulation imposing definitive anti-dumping duties on imports of steel wind towers from the PRC that the assessment was limited to the steel wind towers themselves and not wind turbines overall
See, for example, recital 37 of Implementing Regulation (EU) 2021/2239 on product scope, as well as recitals 230 onwards describing the factors of production of steel wind towers (and not wind turbines). See also recital 434 where steel wind tower producers are described as Union producers who sell the steel wind towers to wind turbine producers, who assemble the steel wind towers with a full wind turbine and were therefore considered as users in the investigation.
.
(142) Similarly, in the present investigation, the Commission investigated STS, which can be further assembled into larger components such as track groups and full track groups. As such, following the findings of its investigation, it proposes to impose anti-dumping duties on STS. To the extent that such STS are incorporated in a further assembled product such as track groups and full track groups, the anti-dumping duty concerning STS will apply to the value of such incorporated STS (and not to the (full) track group). Furthermore, the Commission considered that the above should also address Caterpillar Group’s claims concerning the difference between (full) track groups and standalone STS. In particular, such differences are not relevant in the present case considering the anti-dumping duty is not applied to the track groups and full track groups as a whole, but only to the extent of the value of the STS incorporated in such products, as explained above. In light of the foregoing, these claims were rejected.
(143) With regard to the Kirovo judgement and the WTO Panel Report on EC – Salmon, the Commission noted that Caterpillar Group did not explain why the relevant findings would be applicable in a completely different legal and factual context. The Commission upheld its conclusion of the provisional Regulation that both references are irrelevant to the investigation and the claims were rejected.
(144) The Commission established the threshold on the lowest percentage that was reported by interested parties, including Caterpillar Group as an average calculation. Moreover, the Caterpillar Group never fully cooperated to an extent that would allow the Commission to verify the data it is relying on in its comments. This percentage was considered as representative and used to ensure the effectiveness of the measure. Considering that the companies did not provide any additional substantive evidence, the claim was rejected.
8.2.
Definitive collection of the provisional duties
(145) In view of the dumping margins found and given the level of the injury caused to the Union industry, the amounts secured by way of provisional anti-dumping duties imposed by the provisional Regulation, should be definitively collected up to the levels established under the present Regulation.
8.3.
Retroactivity
(146) As mentioned in section in recital 3, the Commission made imports of the product under investigation subject to registration.
(147) During the definitive stage of the investigation, the data collected in the context of the registration was assessed. The Commission analysed whether the criteria under Article 10(4) of the basic Regulation were met for the retroactive collection of definitive duties.
(148) The Commission’s analysis showed no further substantial rise in imports in addition to the level of imports which caused injury during the investigation period, as prescribed by Article 10(4)(d) of the basic Regulation. For this analysis, the Commission compared the monthly average import volumes during the investigation period with the monthly average import volumes during the period from the month following the initiation of this investigation (i.e., September 2024) until the last full month preceding the imposition of provisional measures (i.e., March 2025). The comparison shows a significant decrease (approximately 80 %) in the average monthly imports between the two periods.
(149) Consequently, the Commission concluded that the conditions for retroactive collection of the duties were not met.
(150) Following provisional disclosure, Verhoeven requested that duties should not be collected retroactively because it would mean an extraordinary and irreparable financial burden to its company. Given the conclusions set out in the above recital, i.e. that the conditions for retroactive collection of the duties were not met, this claim was redundant.
- FINAL PROVISION
(151) In view of Article 109 of Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council
Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September 2024 on the financial rules applicable to the general budget of the Union (OJ L, 2024/2509, 26.9.2024, ELI: http://data.europa.eu/eli/reg/2024/2509/oj).
, when an amount is to be reimbursed following a judgment of the Court of Justice of the European Union, the interest to be paid should be the rate applied by the European Central Bank to its principal refinancing operations, as published in the C series of the Official Journal of the European Union on the first calendar day of each month.
(152) The measures provided for in this regulation are in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EU) 2016/1036,
HAS ADOPTED THIS REGULATION:
Article 1
- A definitive anti-dumping duty is imposed on imports of certain types of steel shoes, with or without rubber pads attached thereto, whether or not assembled in a track chain, with a maximum length of 3000 mm, used on machines currently falling under headings 8426, 8429 or 8430, or conveyor belts currently falling under heading 8428, originating in the People’s Republic of China.
The product concerned by the definitive anti-dumping duty is currently classified under CN codes ex84313900, ex84314920 and ex84314980 (TARIC codes 8431390022, 8431390039, 8431492010, 8431492029, 8431498010 and 8431498029).
- Steel track shoes exceeding a length of 380 mm, height of 140 mm and weight of 118 kg, without grousers of any shape with the dimension 1 mm or more currently classified under CN codes ex84313900, ex84314920 and ex84314980 (TARIC codes 8431390015, 8431390027, 8431492005, 8431492020, 8431498005 and 8431498020) shall be excluded from the definitive duty.
- The rate of the definitive anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty, of the products described in paragraph 1 shall be 62,5 %.
- Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2
- Where a declaration for release for free circulation is presented in respect of a track chain referred to in Article 1(1), originating in the People’s Republic of China, the net, free-at-Union-frontier price, before duty, of the steel shoes assembled in the track chain referred to in Article 1(1) shall be entered in the relevant field of that declaration. Where the net, free-at-Union-frontier price, before duty, of steel track shoes is lower than 31 % of the net, free-at-Union-frontier price, before duty, of the assembled track chain, or where the net, free-at-Union-frontier price, before duty, of the steel shoes assembled in the track chain is not entered in the declaration, the anti-dumping duties referred in Article 1(3) shall apply to an amount equal to 31 % of the price of the assembled track chain.
- A valid commercial invoice shall be presented to the Member States' customs authorities. It shall contain information sufficiently detailed to allow the Member States' customs authorities to assess the accuracy of the declared net, free-at Union-frontier price, before duty, of the steel shoes referred to in Article 1(1).
- Member States shall, on a monthly basis, inform the Commission of the net, free-at-Union-frontier price, before duty, declared for the steel shoes referred to in Article 1(1) imported as part of a track chain referred to in Articles 1(1).
Article 3
The amounts secured by way of the provisional anti-dumping duty under Implementing Regulation (EU) 2025/780 imposing a provisional anti-dumping duty on imports of steel track shoes originating in the People’s Republic of China shall be definitively collected. The amounts secured in excess of the definitive rates of the anti-dumping duty shall be released.
The product exclusion under Article 1(2) shall also apply to the provisional anti-dumping duty under Implementing Regulation (EU) 2025/780.
Article 4
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, 17 October 2025.
For the Commission
The President
Ursula von der Leyen
Metadata
- Type
- Forordning
- År
- 2025
- Ikrafttrædelsesdato
- 1. januar 1970