INHALT

Commission Implementing Regulation (EU) 2024/1064 of 9 April 2024 imposing a provisional anti-dumping duty on imports of certain alkyl phosphate esters originating in the People’s Republic of China

COMMISSION IMPLEMENTING REGULATION (EU) 2024/1064
of 9 April 2024
imposing a provisional anti-dumping duty on imports of certain alkyl phosphate esters originating in the People’s Republic of China
1.
PROCEDURE
1.1.
Initiation
1.2.
Registration of imports
1.3.
Interested parties
1.4.
Sampling
1.4.1.
Sampling of Union producers
1.4.2.
Sampling of importers
1.4.3.
Sampling of exporting producers
1.5.
Individual examination
1.6.
Questionnaire replies and verification visits
1.7.
Investigation period and period considered
2.
PRODUCT UNDER INVESTIGATION, PRODUCT CONCERNED AND LIKE PRODUCT
2.1.
Product under investigation
2.2.
Product concerned
2.3.
Like product
2.4.
Claims regarding product scope
3.
DUMPING
3.1.
Procedure for the determination of the normal value under Article 2(6a) of the basic Regulation
3.2.
Normal value
3.2.1.
Existence of significant distortions
3.2.2.
Significant distortions affecting the domestic prices and costs in China
3.2.2.1. 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
3.2.2.2. 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
3.2.2.3. 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
3.2.2.4. 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
3.2.2.5. Significant distortions according to Article 2(6a)(b), fifth indent of the basic Regulation: wage costs being distorted
3.2.2.6. 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
3.2.3.
Systemic nature of the distortions described
3.2.4.
Arguments from the interested parties
3.2.5.
Conclusion
3.2.6.
Representative country
3.2.7.
Sources used to establish undistorted costs and benchmarks
3.2.7.1. Factors of production
3.2.7.2. Raw materials
3.2.7.3. Labour
3.2.7.4. Electricity
3.2.7.5. Steam
3.2.7.6. Manufacturing overhead costs, SG&A and profits
3.2.8.
Calculation
3.3.
Export price
3.4.
Comparison
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
4.4.
Imports from the country concerned
4.4.1.
Volume and market share of the imports from the country concerned
4.4.2.
Prices of the imports from the country 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 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. Stock
4.5.3.4. Profitability, cash flow, investments, return on investments and ability to raise capital
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.
Union industry’s investment costs
5.2.4.
Consumption and market rebalancing effect
5.2.5.
Increased costs of raw materials and energy in the Union and inflation in the Union
5.2.6.
Lack of substitutability
5.3.
Conclusion on causation
6.
LEVEL OF MEASURES
6.1.
Injury margin
6.2.
Examination of the margin adequate to remove the injury to the Union industry
6.3.
Conclusion on the level of measures
7.
UNION INTEREST
7.1.
Interest of the Union industry
7.2.
Interest of unrelated importers and traders
7.3.
Interest of users
7.4.
Conclusion on Union interest
8.
PROVISIONAL ANTI-DUMPING MEASURES
9.
INFORMATION AT PROVISIONAL STAGE
10.
FINAL PROVISION
Article 1
Article 2
Article 3
ANNEX