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Anti-dumping Actions

Commodity: certain corrosion resistant steels (‘CRS’), currently falling within CN codes ex 7210 41 00, ex 7210 49 00, ex 7210 61 00, ex 7210 69 00, ex 7212 30 00, ex 7212 50 61, ex 7212 50 69, ex 7225 92 00, ex 7225 99 00, ex 7226 99 30 and ex 7226 99 70 (TARIC codes: 7210410020, 7210490020, 7210610020, 7210690020, 7212300020, 7212506120, 7212506920, 7225920020, 7225990022, 7225990035, 7225990092, 7226993010, 7226997094). For a full description please see recitals (2) to (4) and Article 1 of Commission Implementing Regulation 2017/1238.

Countries/Economies: The Chinese mainland.

Action: On 8 July 2017, The Official Journal published Commission Implementing Regulation 2017/1238 making imports of certain corrosion resistant steels originating in the Chinese mainland subject to registration. It may be recalled that on 9 December 2016, the European Commission announced, by a notice published in the Official Journal, the initiation of an anti-dumping proceeding concerning imports of certain corrosion resistant steels originating in the Chinese mainland, following a complaint lodged on 25 October 2016 by EUROFER (‘the complainant’) on behalf of producers said to be representing more than 25% of the total Union production of certain corrosion resistant steels. The registration request was made by the complainant on 24 May 2017. The complainant requested that imports of the product concerned are made subject to registration so that measures may subsequently be applied against those imports from the date of such registration. The complainant claims that registration is justified as the product concerned continues to be dumped and that importers were well aware of dumping practices which stretched over an extended period of time and were causing injury to the Union industry. The complainant further claims that Chinese imports are causing injury to the Union industry and that there was a substantial increase in the level of these imports, even following the investigation period, which would seriously undermine the remedial effect of the anti-dumping duty, if such a duty is to be applied. The complaint has allegedly provided some evidence backing up its claim. The Commission has concluded that the complainant has provided enough evidence to justify making imports of the product concerned subject to registration. The Customs authorities are therefore directed to take the appropriate steps to register the imports into the Union of the product concerned.

Rates: The complainant estimates in the complaint an average dumping margin of approximately 50% and an average underselling margin of 37.8 % to 41% for the product concerned. The estimated amount of possible future liability is set for mainland China at the level of underselling estimated on the basis of the complaint, i.e. from 37.8 % to 41% on the CIF import value of the product concerned.

Dates:  All interested parties are invited to make their views known in writing, to provide supporting evidence or to request to be heard within 20 days from the date of publication of the Regulation. The Regulation entered into force on the day following that of its publication in the Official Journal.

 

Commodity: Coated fine paper, which is paper or paperboard coated on one or both sides (excluding kraft paper or kraft paperboard), in either sheets or rolls, and with a weight of 70 g/sq m or more but not exceeding 400 g/sq m and brightness of more than 84 (measured according to ISO 2470-1), currently falling within CN codes ex 4810 13 00, ex 4810 14 00, ex 4810 19 00, ex 4810 22 00, ex 4810 29 30, ex 4810 29 80, ex 4810 99 10 and ex 4810 99 80 (TARIC codes 4810130020, 4810140020, 4810190020, 4810220020, 4810293020, 4810298020, 4810991020 and 4810998020). For excluded product types, please see Article 1 of Commission Implementing Regulation 2017/1187.

Countries/Economies: The Chinese mainland.

Action: On 4 July 2017, the Official Journal published Commission Implementing Regulation 2017/1187 imposing a definitive countervailing duty on imports of certain coated fine paper originating in the Chinese mainland, following an expiry review. Following the publication of a notice of impending expiry of the countervailing measures in force on the imports of the product concerned, the Commission received a request for the initiation of an expiry review. The request was lodged by five Union producers (Arctic Paper Grycksbo AB, Burgo Group SpA, Fedrigoni SpA, Lecta Group and Sappi Europe SA), jointly referred to as the ‘applicant’, said to be representing more than 25% of the total Union production of coated fine paper. Overall, the Commission concluded that producers of coated fine paper have continued benefiting from countervailable subsidies during the review investigation period (RIP). Given the non-cooperation during the review, production capacity and spare capacity in the Chinese mainland were established on the basis of facts available and in particular the information provided by the applicant, which included data from an independent industry intelligence information provider. The Commission concluded that Chinese exporting producers have significant spare capacity which they could use to produce coated fine paper to export to the Union market if measures were repealed. The Commission also found that this export potential could increase as a result of the expected decline in domestic demand in the Chinese mainland. The Commission concluded that the subsidisation of the coated fine paper industry allowed the Chinese producers to maintain their production capacities at a level by far exceeding domestic demand, in spite of shrinking markets, in mainland China and worldwide. Therefore, the Commission found that the repeal of the countervailing measures would be likely to result in a return of significant volumes of subsidised imports of the product concerned into the Union market. Various subsidy programmes continued to be offered by the Government to the coated fine paper industry and the Commission claims to have sufficient evidence that the coated fine paper industry benefited from a number of them during the RIP.

Rates: The rate of the duty has been set at 4% and 12% for named companies, and is 12% for all other companies.

Dates: The Regulation entered into force on the day following its publication in the Official Journal.

 

Commodity: coated fine paper, which is paper or paperboard coated on one or both sides (excluding kraft paper or kraft paperboard), in either sheets or rolls, and with a weight of 70 g/sq m or more but not exceeding 400 g/sq m and brightness of more than 84 (measured according to ISO 2470-1), currently falling within CN codes ex 4810 13 00, ex 4810 14 00, ex 4810 19 00, ex 4810 22 00, ex 4810 29 30, ex 4810 29 80, ex 4810 99 10 and ex 4810 99 80 (TARIC codes 4810130020, 4810140020, 4810190020, 4810220020, 4810293020, 4810298020, 4810991020 and 4810998020). For excluded product types, please see Article 1 of Commission Implementing Regulation 2017/1188.

Countries/Economies: The Chinese mainland.

Action: On 4 July 2017, the Official Journal published Commission Implementing Regulation 2017/1188 imposing a definitive anti-dumping duty on imports of certain coated fine paper originating in the Chinese mainland, following an expiry review. Following the publication of a notice of impending expiry of the anti-dumping measures in force on the imports of the product concerned, the Commission received a request for the initiation of an expiry review. The request was lodged by five Union producers (Arctic Paper Grycksbo AB, Burgo Group SpA, Fedrigoni SpA, Lecta Group and Sappi Europe SA), jointly referred to as the ‘applicant’, said to be representing more than 25% of the total Union production of coated fine paper. The Commission concluded that a comparison between Chinese export prices to third countries located close to the Union with the price in the analogue country (USA) market strongly supports a finding of likelihood of recurrence of dumping. In addition, considering the significant production capacity available in the Chinese mainland, as well as spare capacity and the attractiveness of the Union market for exports, the Commission concluded that a repeal of the measures would likely result in increased exports of coated fine paper to the Union at dumped prices. The Commission also concluded that the Union industry did not suffer material injury. Nevertheless, in view of the continuously declining demand for the product concerned and the related high restructuring costs, both of which had a significant bearing on its profitability, it is in a vulnerable situation. The Commission concluded that the repeal of the anti-dumping measures on imports of coated fine paper would in all likelihood result in a recurrence of injury.

Rates: The rate of the duty has been set at 8% and 35.1% for named companies, and is 27.1% for all other companies.

Dates: The Regulation entered into force on the day following its publication in the Official Journal.

 

Commodity: Melamine currently falling within CN code 2933 61 00.

Countries/Economies: The Chinese mainland.

Action: On 1 July 2017, the Official Journal published Commission Implementing Regulation 2017/1171 imposing a definitive anti-dumping duty on imports of melamine originating in the Chinese mainland following an expiry review. Following the publication of the notice of impending expiry of the anti-dumping measures in force, the Commission received a request for the initiation of an expiry review. Three Union producers lodged this request: Borealis Agrolinz Melamine GmbH, OCI Nitrogen BV and Grupa Azoty Zaklady Azotow Pulawy SA (‘the applicants’). They are said to have represented more than 50% of the total Union production of melamine in 2015. The EU has concluded that the investigation showed that the Chinese exporting producers were selling at dumped prices to the Union market. They have also continued their low priced, and allegedly dumped, exports to third country markets. The Commission also established a significant spare capacity in mainland China capable of satisfying the total consumption in the Union and in mainland China, even in the case of an increase in the Chinese domestic consumption in the future. Finally, the Union market is said to remain attractive for the Chinese exporting producers given its size and high prices. This finding is further strengthened by the actual closure by protective measures of one of the important Chinese export markets, namely, the USA. On that basis, the Commission established that it is very likely that significant volumes of Chinese melamine would continue to be exported to the Union at dumped prices in case the measures were allowed to lapse. The Commission further concluded that the Union industry did not suffer material injury during the review investigation period. However, on the basis of a number of assessed factors, the Commission also concluded that the repeal of the measures would result in a recurrence of injury to the Union industry. It follows from the investigation that the anti-dumping measures applicable to imports of melamine originating in the Chinese mainland, already imposed by Regulation 457/2011, should be maintained.

Rates: A minimum import price of 1,153 EUR/tonne net product weight is applied for individually named producers. For all other companies, the rate of the definitive anti-dumping duty is 415 EUR/tonne net product weight. For the individually named producers, the amount of the definitive anti-dumping duty shall be the difference between the minimum import price and the net, free-at-Union-frontier price, before duty, in all cases where the latter is less than the minimum import price. For these individually named producers, no duty shall be collected where the net free-at-Union-frontier price, before duty, is equal to or higher than the corresponding minimum import price.

Dates: Commission Implementing Regulation 2017/1171 entered into force on the day following that of its publication in the Official Journal.

 

Commodity: High tenacity yarn of polyesters not put up for retail sale, including monofilament of less than 67 decitex (excluding sewing thread and ‘Z’-twisted multiple (folded) or cabled yarn, intended for the production of sewing threads, ready for dyeing and for receiving a finishing treatment, loosely wound on a plastic perforated tube), currently falling within CN Code ex 5402 20 00 (TARIC code 5402200010).

Countries/Economies: The Chinese mainland.

Action: On 30 June 2017, the Official Journal published Commission Implementing Regulation 2017/1159 amending Council Implementing Regulation 1105/2010 and Commission Implementing Regulation 2017/325 as regards the definition of the product scope of the current anti-dumping measures concerning imports of high tenacity yarns of polyesters, and providing for the possibility of repayment or remission of duties in certain cases. The measures currently in force, following an expiry review, can be found in Commission Implementing Regulation 2017/325. The measures imposed took the form of an ad valorem duty with a residual rate set at 9.8%, while the companies on which anti-dumping duties were imposed received an individual duty rate ranging from 5.1% to 9.8%. A Slovenian importer, A&E Europe (‘the applicant’), lodged a request for a partial interim review on 4 October 2016. The applicant requested the exclusion of certain types of sewing thread (ST), namely greige sewing thread (‘GST’), from the scope of the measures in force on the basis of their allegedly different physical and technical characteristics. The review investigation has shown that the product concerned in the original investigation, HTY, and the product under review, GST, are two different products. Furthermore, GST was never intended to be in the scope of the anti-dumping investigation on HTY and did not form part of the analysis on which the findings concerning dumping and injury were originally based. The change in the definition of the product scope in the original Regulation proposed by the applicant, namely, to replace the general exclusion of ST in the product definition with that of GST, coupled with the introduction of a maximum bobbin weight of 2 kg could not, however, be accepted by the Commission. Such modification would, it stated, artificially enlarge the scope of the original measures, since it would subject all ST other than GST to the duties. Furthermore, another importer that made itself known in the review proceedings is said to have suggested an even higher threshold of less than 2.5 kg because it imports bobbins of that weight. It is therefore deemed appropriate to amend the wording of the product definition in the anti-dumping measures in force so as to create clarity on the exclusion of both ST and GST, the latter being an intermediate product in the production process of ST. Moreover, in order to prevent any future claims with respect to the specific weight restriction of GST, the specific weight restriction should be removed from the definition of the product concerned. Thus, the definition of the product concerned should be as follows: The product concerned is high tenacity yarn of polyesters not put up for retail sale, including monofilament of less than 67 decitex (excluding sewing thread and ‘Z’-twisted multiple (folded) or cabled yarn, intended for the production of sewing threads, ready for dyeing and for receiving a finishing treatment, loosely wound on a plastic perforated tube), currently falling within CN Code ex 5402 20 00 (TARIC code 5402200010) and originating in the Chinese mainland. Moreover, for goods not covered by the amendment, the definitive anti-dumping duty shall be repaid or remitted by national customs authorities in accordance with applicable customs legislation. For further details, please see new Commission Implementing Regulation 2017/1159, and especially its Articles 1 to 4.

Dates: The Regulation entered into force on the day following that of its publication in the Official Journal. It shall apply retroactively from 2 December 2010.

 

Commodity: Threaded tube or pipe cast fittings, of malleable cast iron, currently falling within CN code ex 7307 19 10 (TARIC code 7307191010). Bodies of compression fittings using ISO DIN 13 metric thread and malleable iron threaded circular junction boxes without having a lid are not covered by the duty.

Countries/Economies: The Chinese mainland, Thailand.

Action: On 29 June 2017, the Official Journal published Commission Implementing Regulation 2017/1146 re-imposing a definitive anti-dumping duty on imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in the Chinese mainland, manufactured by Jinan Meide Castings Co., Ltd. It will be recalled that, by Implementing Regulation 430/2013 (‘the contested Regulation’), the Council imposed a definitive anti-dumping duty at rates ranging from 14.9% to 57.8% on imports of the product concerned. On 30 June 2016, the General Court found that the rights of defence of Jinan Meide were breached by the rejection of its request for disclosure of normal value calculations using confidential data of an analogue country producer. Jinan Meide had obtained an exclusive authorisation from the analogue country producer waving the confidentiality of its data. In particular, the General Court found that the Commission was wrong to rely on the need to comply with the principle of equal treatment in order to reject this request for disclosure. The General Court held that it could not be ruled out that if the request had been accepted, the outcome of the investigation could have been different. Therefore, the Court annulled the contested Regulation in so far as it imposed an anti-dumping duty on imports of threaded tube or pipe cast fittings, of malleable cast iron, manufactured by Jinan Meide. Following the Court's judgment of 30 June 2016, the Commission published a notice concerning the partial reopening of the anti-dumping investigation. The reopening was limited in scope to the implementation of the judgment of the General Court with regard to Jinan Meide. The Commission took account of comments made by the parties and concluded that the implementation of the General Court's judgment should take the form of the re-disclosure to Jinan Meide of the final disclosure of 15 March 2013 with the additional information on normal value calculations using confidential data of the analogue country producer. On the basis of this assessment and some other considerations the Commission considered it appropriate to re-impose the anti-dumping duty on the imports manufactured by Jinan Meide. The Union industry represented by the five still active Union producers had argued that the situation following the annulment of the anti-dumping duty for Jinan Meide warranted a registration of imports. To this, the Commission declared that the sole purpose of such registration is the possible retroactive collection of duties. The conditions for a retroactive collection of duties are not met in the present case. A registration of imports was therefore not warranted.

Rates: A definitive anti-dumping duty has been imposed on imports of the product concerned originating in the Chinese mainland and manufactured by Jinan Meide (TARIC additional code B336). The rate of this duty is set at 39.2%.

Dates: The Regulation entered into force on the day following that of its publication in the Official Journal.

 

Commodity: Ceramic tableware and kitchenware, excluding ceramic knives, ceramic condiment or spice mills and their ceramic grinding parts, ceramic peelers, ceramic knife sharpeners and cordierite ceramic pizza-stones of a kind used for baking pizza or bread, currently falling within CN codes ex 6911 10 00, ex 6912 00 10, ex 6912 00 30, ex 6912 00 50 and ex 6912 00 90 (TARIC codes 6911 10 00 90, 6912 00 10 11, 6912 00 10 91, 6912 00 30 10, 6912 00 50 10 and 6912 00 90 10). This description is found in Article 1 of Council Implementing Regulation 412/2013.

Countries/Economies: The Chinese mainland.

Action: The Official Journal has published a notice concerning the anti-dumping measures in force on imports into the Union of ceramic tableware and kitchenware originating in the Chinese mainland: change of the name of a company subject to the anti-dumping duty rate for cooperating non-sampled companies. Imports of ceramic tableware and kitchenware (‘tableware’) are subject to a definitive anti-dumping duty, imposed by Council Implementing Regulation 412/2013 of 13 May 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ceramic tableware and kitchenware originating in the Chinese mainland. One company located in the Chinese mainland with TARIC additional code B521, whose exports to the Union of tableware are subject to the anti-dumping duty rate for cooperating non-sampled companies of 17.9% informed the Commission that it had changed its name. The company asked the Commission to confirm that the change of name does not affect the right of the company to benefit from the duty rate applied to the company under its previous name. The Commission examined the information supplied and concluded that the change of name in no way affects the findings of Regulation 412/2013. Therefore, the references in Annex I of Regulation (EU) No 412/2013 to: Fujian De Hua Jiashun Art&Crafts Co., Ltd should be read as Fujian Jiashun Art&Crafts Co., Ltd. The TARIC additional code B521 previously attributed to Fujian De Hua Jiashun Art&Crafts Co., Ltd shall apply to Fujian Jiashun Art&Crafts Co., Ltd.

Dates: The notice was published in the Official Journal dated 28 June 2017.

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