INHALT

Commission Implementing Regulation (EU) 2021/441 of 11 March 2021 imposing a definitive anti-dumping duty on imports of sulphanilic acid originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council

COMMISSION IMPLEMENTING REGULATION (EU) 2021/441
of 11 March 2021
imposing a definitive anti-dumping duty on imports of sulphanilic acid originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council
1.
PROCEDURE
1.1.
Measures in force
1.2.
Request for an expiry review
1.3.
Initiation of an expiry review
1.4.
Investigation
1.4.1.
Review investigation period and period considered
1.4.2.
Interested parties
1.4.3.
Sampling
1.4.3.1. Sampling of exporting producers in the PRC
1.4.3.2. Sampling of unrelated importers
1.4.4.
Questionnaire replies and verification
1.4.5.
Presentation of data
1.4.6.
Procedure for the determination of the normal value under Article 2(6a) of the basic Regulation
1.4.7.
Subsequent procedure
2.
PRODUCT UNDER REVIEW AND LIKE PRODUCT
2.1.
Product under review
2.2.
Like product
3.
LIKELIHOOD OF CONTINUATION OR RECURRENCE OF DUMPING
3.1.
Non-cooperation from the sampled companies and the GOC
3.2.
Dumping during the review investigation period
3.2.1.
Normal value
3.2.2.
Existence of significant distortions
3.2.2.1. Introduction
3.2.2.2. Significant distortions affecting the domestic prices and costs in the PRC
3.2.2.3. 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.
3.2.2.4. 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
3.2.2.5. 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
3.2.2.6. 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
3.2.2.7. Significant distortions according to Article 2(6a)(b), fifth indent of the basic Regulation: wage costs being distorted
3.2.2.8. 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
3.2.2.9. Systemic nature of the distortions described
3.2.2.10. Conclusion
3.2.3.
Appropriate source
3.2.3.1. General remarks
3.2.3.2. A level of economic development similar to the PRC and production of the product under review
3.2.3.3. Availability of relevant public data in India
3.2.3.4. Conclusion on India as an appropriate source
3.2.4.
Factors of production
3.2.4.1. Raw materials
3.2.4.2. Consumables
3.2.4.3. Labour
3.2.4.4. Electricity
3.2.4.5. Natural gas
3.2.4.6. Vapour
3.2.4.7. Manufacturing overhead costs, SG&A, profits and depreciation
3.2.5.
Calculation
3.2.6.
Export price
3.2.7.
Comparison and dumping margin
3.2.8.
Conclusion on continuation of dumping
3.3.
Likely development of imports should the measures lapse
3.3.1.
Production capacity and spare capacity in the PRC
3.3.2.
Prices in other export markets
3.3.3.
Attractiveness of the Union market
3.3.4.
Conclusion on the likely development of imports should the measures lapse
3.3.5.
Conclusion on the likelihood of continuation of dumping
4.
INJURY
4.1.
Definition of the Union industry and Union production
4.2.
Union consumption
4.3.
Imports from the PRC
(a)
Import volumes and market share
(b)
Import prices and price undercutting
4.4.
Imports from third countries other than the PRC
4.5.
Economic situation of the 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 and recovery from past dumping
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, return on investments, and ability to raise capital
4.6.
Conclusion on the situation of the Union industry
5.
LIKELIHOOD OF CONTINUATION OF INJURY
5.1.
Spare production capacity
5.2.
Prices in other export markets
5.3.
Attractiveness of the Union market
5.4.
Impact of imports from the PRC on the situation of the Union industry should the measures be allowed to lapse
5.5.
Conclusion on likelihood of continuation of material injury
6.
UNION INTEREST
6.1.
Interest of the Union industry
6.2.
Interest of unrelated importers and users
6.3.
Conclusion on Union interest
7.
ANTI-DUMPING MEASURES
Article 1
Article 2