INHALT

Commission Implementing Regulation (EU) 2020/508 of 7 April 2020 imposing a provisional anti-dumping duty on imports of certain hot rolled stainless steel sheets and coils originating in Indonesia, the People’s Republic of China and Taiwan

COMMISSION IMPLEMENTING REGULATION (EU) 2020/508
of 7 April 2020
imposing a provisional anti-dumping duty on imports of certain hot rolled stainless steel sheets and coils originating in Indonesia, the People’s Republic of China and Taiwan
1.
PROCEDURE
1.1.
Initiation
1.2.
Interested parties
1.3.
Sampling
1.3.1.
Sampling of Union producers
1.3.2.
Sampling of importers
1.3.3.
Sampling of exporting producers in the countries concerned
1.3.3.1.
Indonesia
1.3.3.2.
The People’s Republic of China
1.3.3.3.
Taiwan
1.4.
Individual examination
1.5.
Questionnaire replies and verification visits
1.6.
Investigation period and period considered
1.7.
Procedure for the determination of the normal value under Article 2(6a) of the basic Regulation
2.
PRODUCT CONCERNED AND LIKE PRODUCT
2.1.
Product concerned
2.2.
Like product
2.3.
Claims regarding product scope
3.
DUMPING
3.1.
Indonesia
3.1.1.
Exporting producers
3.1.2.
Application of Article 18 of the basic Regulation
3.1.3.
Normal value
3.1.4.
Export price
3.1.5.
Comparison
3.1.6.
Dumping margins
3.2.
The PRC
3.2.1.
Preliminary remarks
3.2.2.
Normal value
3.2.2.1.
Existence of significant distortions
(a) Introduction
(b) Significant distortions affecting the domestic prices and costs in the PRC
(c) Significant distortions according to Article 2(6a)(b), first indent of the basic Regulation: the market in question being served to a significant extent by enterprises which operate under the ownership, control or policy supervision or guidance of the authorities of the exporting country
(d) Significant distortions according to Article 2(6a)(b), second indent of the basic Regulation: State presence in firms allowing the state to interfere with respect to prices or costs
(e) Significant distortions according to Article 2(6a)(b), third indent of the basic Regulation: public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces
(f) Significant distortions according to Article 2(6a)(b), fourth indent of the basic Regulation: the lack, discriminatory application or inadequate enforcement of bankruptcy, corporate or property laws
(g) Significant distortions according to Article 2(6a)(b), fifth indent of the basic Regulation: wage costs being distorted
(h) Significant distortions according to Article 2(6a)(b), sixth indent of the basic Regulation: access to finance granted by institutions which implement public policy objectives or otherwise not acting independently of the State
(i) Systemic nature of the distortions described
(j) Conclusion
3.2.2.2.
Representative country
3.2.2.3.
Sources used to establish undistorted costs
3.2.2.4.
Undistorted costs and benchmarks
(a) Raw materials and auxiliary materials
(b) Labour
(c) Energy inputs
3.2.2.5.
Manufacturing overhead costs, SG&A and profits
3.2.2.6.
Calculation of the normal value
3.2.3.
Export price
3.2.4.
Comparison
3.2.5.
Dumping margin
3.3.
Taiwan
3.3.1.
Preliminary remarks
3.3.2.
Normal value
3.3.3.
Export price
3.3.4.
Comparison
3.3.5.
Dumping margins
4.
INJURY
4.1.
Definition of the Union industry and Union production
4.2.
Determination of the relevant Union market
4.3.
Union consumption
4.3.1.
Free market consumption on the Union market
4.3.2.
Captive consumption on the Union market
4.3.3.
Overall consumption
4.4.
Imports from the countries concerned
4.4.1.
Cumulative assessment of the effects of imports from the countries concerned
4.4.2.
Volume and market share of imports from the countries concerned
4.4.3.
Prices of the imports from the countries concerned and price undercutting
4.5.
Economic situation of the Union industry
4.5.1.
General remarks
4.5.2.
Macroeconomic indicators
4.5.2.1.
Production, production capacity and capacity utilisation
4.5.2.2.
Sales volume and market share
4.5.2.3.
Growth
4.5.2.4.
Employment and productivity
4.5.2.5.
Magnitude of the dumping margin
4.5.3.
Microeconomic indicators
4.5.3.1.
Prices and factors affecting prices
4.5.3.2.
Labour costs
4.5.3.3.
Inventories
4.5.3.4.
Profitability, cash flow, investments and return on investments
4.5.4.
Conclusion on injury
5.
CAUSATION
5.1.
Effects of the dumped imports
5.2.
Effects of other factors
5.2.1.
Imports from third countries
5.2.2.
Export performance of the Union industry
5.2.3.
Other factors
5.3.
Conclusion on causation
6.
LEVEL OF MEASURES
6.1.
Examination of the margin adequate to remove the injury to the Union industry for Taiwan
6.2.
Examination of the margin adequate to remove the injury to the Union industry for Indonesia and the PRC
6.2.1.
Comparison between dumping margin and underselling margin
6.2.2.
Raw material distortions
(a) Indonesia
(b) The PRC
6.2.3.
Union interest under Article 7(2b) of the basic Regulation
6.2.3.1.
Spare capacities in the exporting countries
6.2.3.2.
Competition for raw materials
6.2.3.3.
Effect on supply chains for Union companies
6.2.3.4.
Conclusion
7.
UNION INTEREST
7.1.
Interest of the Union industry
7.2.
Interest of unrelated importers
7.3.
Interest of users
7.4.
Conclusion on Union interest
8.
PROVISIONAL ANTI-DUMPING MEASURES
9.
REGISTRATION
10.
INFORMATION AT PROVISIONAL STAGE
11.
FINAL PROVISIONS
Article 1
Article 2
Article 3