Notice

Trade remedies notice 2025/11: definitive countervailing duty on certain excavators originating from China

Published 13 May 2025

This notice was published on 13 May 2025 with effect from 14 May 2024.

Secretary of State’s decision on definitive countervailing duty

This notice is published by the Secretary of State for Business and Trade (Secretary of State) under subsection 13(2) of, and paragraphs 20(5)(a) and (c) of Schedule 4 to, the Taxation (Cross-border Trade) Act 2018 (the Act). 

This public notice gives effect to the Secretary of State’s decision to accept the recommendation of the Trade Remedies Authority (TRA) to apply a definitive countervailing measure on certain excavators originating from China.

TRA’s recommendation

The TRA recommendation is: 

• to apply a definitive countervailing measure to the specified goods (see ‘goods subject to the countervailing duty’ below) originating from China, for a period of 5 years from the day after publication of this notice, ceasing 14 May 2030
• to apply rates of the final countervailing measure on the goods specified in Annex 1 of this notice

Goods subject to the countervailing duty 

This public notice relates to certain excavators originating from 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)

The rates of definitive countervailing duty specified in Annex 1 apply to the goods as described or imported under the UK Global Tariff commodity code:

• 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 from 14 May 2025, and the definitive countervailing amount applies, from 14 May 2025.  

The definitive countervailing measure will apply to imports of the goods concerned from 14 May 2025. The definitive measure will apply for a period of 5 years from the day after publication of this public notice.

Expiry date of the countervailing duty

The countervailing duty on the goods given effect to by this public notice ceases to apply on 14 May 2030.

The TRA will notify interested parties of the expiry of the countervailing duty in sufficient time to allow an interested party to make an application for an expiry review.

Amount of definitive countervailing duty 

A rate of countervailing duty ranging from 0% to 2.98% will apply to imports of the goods from Chinese origin. 

The countervailing duty applicable to the net, free-at-the-frontier price, before other amounts of import duty, on the goods imported into the UK from the China is imposed at the rates listed in Annex 1.

Investigation AS0046 – certain excavators originating in China

On 15 November 2023, following an application from a UK producer, the TRA initiated an investigation into an allegation of subsidised imports of certain excavators into the UK (see the Notice of Initiation).

Summary of the investigation 

The TRA conducted the investigation in accordance with paragraph 10 of Schedule 4 to the Act and part 6 of the Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019. The TRA considered whether the goods concerned are being subsidised and whether they have caused or are causing material injury to UK industry.  

Further information on the investigation can be found on the TRA’s public file.   

TRA’s determination

With reference to sub-paragraphs 11(5) and 11(6) of Schedule 4 to the Act, the TRA determined that the goods concerned imported into the UK have been or are being subsidised, the importation of the subsidised goods has caused material injury to UK industry during the injury period, and that the subsidised goods were the cause of that injury. The TRA determined that the economic interest test is met in relation to the application of a countervailing remedy, in accordance with paragraph 25 of Schedule 4 to the Act.

TRA’s recommendation  

The TRA recommended that the definitive measure should apply to imports of the goods concerned for a period of 5 years from the day after publication of this public notice. The TRA made the recommendation in accordance with paragraphs 17, 18 and 19 of Schedule 4 to the Act. 

The TRA recommended levels of countervailing duty as set out in Annex 1, having calculated subsidy margins pursuant to paragraph 3 of Schedule 4 to the Act. 

Annex 1: definitive countervailing duty rates for overseas exporters   

Duty amount for overseas exporters

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 Group (Liugong Changzhou Machinery Co, Ltd, Liuzhou Liugong Excavator Co, Ltd, Guangxi Liugong Machinery Co, Ltd, Liugong Machinery Hongkong Co, Ltd)	0%
11,000kg and above, but below 80,000kg	8A32	Sany Group (Sany Heavy Machinery Company, Ltd)	2.44%
11,000kg and above, but below 80,000kg	8A33	XCMG Group (XCMG Excavator Machinery Co, Ltd, XCMG European Sales and Services GmbH, Xuzhou Construction Machinery Group Imp & Exp Co, Ltd)	2.44%
11,000kg and above, but below 80,000kg	8A34	Sunward Intelligent Equipment Co, Ltd	2.44%
11,000kg and above, but below 80,000kg	8A47	Caterpillar Group (Caterpillar Caterpillar SARL (Switzerland), Caterpillar SARL Singapore Branch, Caterpillar (Xuzhou) Ltd)	0%
11,000kg and above, but below 80,000kg	8A35	All other overseas exporters (residual amount)	2.98%

Declaration required to qualify for duty amount

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.

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):”

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