Notice

Trade remedies notice 2024/17: provisional anti-dumping duty on certain excavators from the People’s Republic of China

Published 20 December 2024

This notice was originally published on 20 December 2024 with effect from 21 December 2024.

Secretary of State’s decision on provisional measures

This public notice is published by the Secretary of State under paragraph 15(5) of Schedule 4 of the Taxation (Cross-border Trade Act 2018) (‘the Act’).

This public notice gives effect to the Secretary of State’s decision to accept the Trade Remedies Authority’s (TRA) recommendation within their provisional affirmative determination, which found that the goods imported into the UK from the People’s Republic of China are being dumped and have caused or are causing injury to UK industry and recommended applying provisional measures (‘the provisional measures’).

Goods description

The public notice relates to certain excavators originating from the People’s Republic of China and exported to the UK, which are:

• self-propelled track-laying (tracked) excavators with a 360-degree, revolving superstructure and with an operating weight of 11,000kg (11 tonnes) or more, but less than 80,000kg (80 tonnes)

TRA recommendation

The TRA’s recommendation is:

• to require all importers of the goods to give a guarantee in respect of the estimated anti-dumping duty applicable to their imports, for a period of 6 months, or until a definitive remedy is implemented, whichever is sooner
• to apply anti-dumping duty rates to goods subject to the measure, to the companies specified in Annex 1 of this notice
• for the guarantee, which the TRA has found meets the economic interest of the UK, to take the form of a bank guarantee, bond or cash

All importers of the goods are therefore required to give a guarantee in accordance with the recommendation and this notice made under paragraph 15(5) of Schedule 4 to the Act.

The guarantee will be required during the period of the provisional remedy. The provisional remedy will end 6 months from the day after the date of the publication of the Taxation Notice, or when a definitive remedy is implemented, whichever is sooner. The guaranteed amount will only become payable if definitive measures are imposed.

It is recommended that the guarantee amount should be calculated by applying the estimated anti-dumping amount as an ad-valorem duty to the customs value of the goods concerned.

For those who:

• provide a bank guarantee – HMRC will return guarantee documents through the usual channels if a definitive measure is not imposed. In cases where the definitive duty rate is equal to or less than the provisional duty, bank guarantee documents will be returned when HMRC are satisfied that any outstanding duty has been collected
• provide a bond – HMRC will offer a reimbursement through usual channels, if a definitive measure is not imposed or if the definitive duty rate is less than the provisional duty rate
• pay a cash deposit – HMRC will offer a reimbursement through usual channels, if a definitive measure is not imposed or if the definitive duty rate is less than the provisional duty rate

The public file section of the TRA’s website is regularly updated with information relating to the case. Interested parties can use this to increase their understanding of the investigation or supply the TRA with evidence at future opportunities. The TRA will submit a final decision to the Secretary of State before the end of the investigation. Alternatively, contact the TRA to ask questions by emailing [email protected].

Amount of provisional anti-dumping duty

The provisional anti-dumping duty applicable to the goods is specified in Annex 1.

Goods subject to the provisional anti-dumping duty

The rates of provisional anti-dumping duty specified in Annex 1 apply to the goods as described or imported under a UK Global tariff commodity code specified below:

• 8429 5210 00

Goods excluded from the measure

The goods meeting the following descriptions are excluded from the measure:

• self-propelled track-laying (tracked) excavators with a 360-degree, revolving superstructure and with an operating weight of less than 11,000kg
• self-propelled track-laying (tracked) excavators with a 360-degree, revolving superstructure and with an operating weight of 80,000kg (80 tonnes) or more

Imposition date

This public notice takes effect, and the provisional anti-dumping duty applies, from 21 December 2024.

Annex 1: duty amount for overseas exporters

A rate of anti-dumping duty ranging from 35.32% to 64.17% will apply to imports of the goods from Chinese companies.

Excavator operating weight	Additional code	Company	Duty rate
Below 11,000kg	8A28	All overseas exporters	0%
80,000kg and above	8A29	All overseas exporters	0%
11,000kg and above, but below 80,000kg	8A31	Liugong Changzhou Machinery Company, Limited Liuzhou Liugong Excavator Company, Limited Guangxi Liugong Machinery Company, Limited Liugong Machinery Hongkong Company, Limited	35.32%
11,000kg and above, but below 80,000kg	8A32	Sany Heavy Machinery Company, Limited Sany Heavy Machinery Limited	56.77%
11,000kg and above, but below 80,000kg	8A33	XCMG Excavator Machinery Company, Limited XCMG European Sales and Services GmbH Xuzhou Construction Machinery Group Import and Export Company, Limited	44.33%
11,000kg and above, but below 80,000kg	8A34	Sunward Intelligent Equipment Company, Limited	44.33%
11,000kg and above, but below 80,000kg	8A35	All other overseas exporters (residual amount)	64.17%

Declaration required to qualify for duty amount 

In order to qualify for the duty rate applicable to Goods produced by an overseas exporter specified in Annex 1, a valid commercial invoice with an accompanying declaration must be presented to HMRC on importation of the Goods. The text of the declaration is set out in Annex 2. 

If an invoice is not presented or the declaration is not made, the residual rate is the duty rate applicable to the Goods.

Annex 2: declaration required to qualify for specified overseas exporter duty amount

The following declaration must be completed, dated and signed by an official of the entity issuing the valid commercial invoice who is identifiable by name and function:

I, the undersigned, certify that the [volume] of [goods] sold for export to the United Kingdom included in this invoice was produced by [company name and address] ([additional code]) in [country]. I declare that the information provided in this invoice is complete and correct.

Date:

Signature:

Name (printed):