INHALT

2013/81/EU: Commission Decision of 13 February 2013 terminating the anti-dumping proceeding concerning imports of white phosphorus, also called elemental or yellow phosphorus, originating in the Republic of Kazakhstan

COMMISSION DECISION
of 13 February 2013
terminating the anti-dumping proceeding concerning imports of white phosphorus, also called elemental or yellow phosphorus, originating in the Republic of Kazakhstan
(2013/81/EU)
A.
PROCEDURE
1. INITIATION
2. PARTIES CONCERNED BY THE PROCEEDING
3. INVESTIGATION PERIOD
4. NON-IMPOSITION OF PROVISIONAL MEASURES
5. RIGHTS OF PARTIES AND CONFIDENTIALITY
B.
PRODUCT CONCERNED AND LIKE PRODUCT
1. PRODUCT CONCERNED
2. LIKE PRODUCT
C.
DUMPING
1. MARKET ECONOMY TREATMENT (MET)
2. NORMAL VALUE
3. EXPORT PRICE
4. COMPARISON
5. DUMPING MARGINS
D.
INJURY
1. UNION PRODUCTION AND UNION INDUSTRY
2. DETERMINATION OF THE RELEVANT UNION MARKET
3. UNION CONSUMPTION
4. IMPORTS FROM THE COUNTRY CONCERNED
4.1.
Volume and market share
4.2.
Prices of imports and price undercutting
5. ECONOMIC SITUATION OF THE UNION INDUSTRY
5.1.
General
5.1.1.
Production, production capacity and capacity utilisation
5.1.2.
Sales volumes and market share
5.1.3.
Growth
5.1.4.
Employment, productivity and wages
5.1.5.
Magnitude of the actual margin of dumping
5.1.6.
Stocks
5.1.7.
Sales prices
5.1.8.
Profitability, cash flow, ability to raise capital, investments and return on investment
5.1.9.
Conclusion on injury
E.
CAUSATION
1. INTRODUCTION
2. EFFECT OF DUMPED IMPORTS
3. EFFECT OF OTHER FACTORS
3.1.
Imports from other third countries
3.2.
Development of the Union industry’s cost of production
3.3.
Preferential agreement with exporting producer
3.4.
Access to the main raw material
3.5.
Production achievements of the Union industry and imports by the Union industry of the product concerned
3.6.
New production process of the Union industry
3.7.
Export performance of the Union industry
3.8.
Impact of the financial and economic crisis
3.9.
Customer choice of suppliers
3.10.
Impact of the sales in the captive market
3.11.
Compliance with environmental standards
3.12.
Management decisions in 2009
3.13.
Conclusion on causation
F.
UNION INTEREST
1. PRELIMINARY REMARK
2. INTEREST OF THE UNION INDUSTRY
3. INTEREST OF USERS
3.1.
General
3.2.
Impact on users
3.2.1.
General
3.2.2.
Acid derivatives segment
3.2.3.
Non-acid derivatives segment
3.2.4.
Downstream users
3.2.5.
Competition in the derivatives market
3.2.6.
Employment
3.2.7.
Conclusion
4. THE EUROPEAN UNION’S RAW MATERIAL INITIATIVE
5. COMPETITION ISSUES
6. TRADE BALANCE BETWEEN KAZAKHSTAN AND THE UNION
7. GENERALISED SCHEME OF PREFERENCES
8. CONCLUSION ON UNION INTEREST
G.
PROPOSAL FOR TERMINATION OF THE PROCEEDING
Article 1
Article 2