On 12 June 2024, the European Commission proposed provisional countervailing duties for imports into the European Union (“EU“) of new battery electric vehicles designed for the transport of persons (“EVs“) originating from the People’s Republic of China. The pre-disclosure of the European Commission’s proposal is published here. This pre-disclosure follows from the anti-subsidy investigation concerning EVs from the People’s Republic of China. Find our previous blogpost on that investigation here.

The products in the scope of the measures are EVs and electric motorcycles designed for the transport of nine or fewer persons classified under code 8703 80 10 of the Combined Nomenclature of the EU. The EVs are subject to registration upon import into the EU according to the Commission Implementing Regulation (EU) 2024/785.

The provisional duties differ per exporting producer from 17,4% to 38,1%. The rates of the provisional countervailing duties the individual exporting producers can be found on the website of the European Commission through this link.

Next steps:

  • The European Commission has reached out to the Chinese authorities to discuss the findings from the anti-subsidy investigation.
  • If the issues identified are not resolved by these discussions with the Chinese authorities, the provisional duties will apply for imports from 4 July 2024 onwards.
  • The duties will be collected when the countervailing duties are definitively imposed. Definitive measures must be imposed within 4 months after imposition of the provisional duties.
  • The decision to levy countervailing duties on the registered imports (between 6 March and 4 July 2024) will be taken with the final decision to impose definitive countervailing duties.  
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