INHALT

Commission Implementing Regulation (EU) 2023/2659 of 27 November 2023 imposing a provisional anti-dumping duty on imports of certain polyethylene terephthalate originating in People’s Republic of China

COMMISSION IMPLEMENTING REGULATION (EU) 2023/2659
of 27 November 2023
imposing a provisional anti-dumping duty on imports of certain polyethylene terephthalate originating in People’s Republic of China
1.
PROCEDURE
1.1.
Initiation
1.2.
Registration of imports
1.3.
Interested parties
1.4.
Comments on initiation
1.5.
Sampling
1.5.1.
Sampling of Union producers
1.5.2.
Sampling of importers
1.5.3.
Sampling of exporting producers the PRC
1.6.
Individual examination
1.7.
Questionnaire replies and verification visits
1.8.
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
3.2.1.1. Introduction
3.2.1.2. Significant distortions affecting the domestic prices and costs in the PRC
3.2.1.3. 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
3.2.1.4. 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
3.2.1.5. 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
3.2.1.6. 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
3.2.1.7. Significant distortions according to Article 2(6a)(b), fifth indent of the basic Regulation: wage costs being distorted
3.2.1.8. 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
3.2.1.9. Systemic nature of the distortions described
3.2.1.10. Conclusion
3.2.2.
Representative country
3.2.2.1. General remarks
3.2.2.2. A level of economic development similar to the PRC
3.2.2.3. Availability of relevant public data in the representative country
3.2.2.4. Conclusion
3.2.3. Sources used to establish undistorted costs
3.2.4.
Undistorted costs and benchmarks
3.2.4.1. Factors of production
3.2.4.2. Raw materials
3.2.4.3. Labour
3.2.4.4. Electricity
3.2.4.5. Natural gas
3.2.4.6. Manufacturing overhead costs, SG&A, profit and depreciation
3.2.4.7. 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.
Union consumption
4.3.
Imports from the country concerned
4.3.1.
Volume and market share of the imports from the country concerned
4.3.2.
Prices of the imports from the country concerned and price undercutting
4.4.
Economic situation of the Union industry
4.4.1.
General remarks
4.4.2.
Macroeconomic indicators
4.4.2.1. Production, production capacity and capacity utilisation
4.4.2.2. Sales volume and market share
4.4.2.3. Growth
4.4.2.4. Employment and productivity
4.4.2.5. Magnitude of the dumping margin and recovery from past dumping
4.4.3.
Microeconomic indicators
4.4.3.1. Prices and factors affecting prices
4.4.3.2. Labour costs
4.4.3.3. Inventories
4.4.3.4. Profitability, cash flow, investments, return on investments and ability to raise capital
4.4.3.5. Developments in the investigation period and post-IP
4.4.4.
Conclusion on injury
5.
THREAT OF INJURY
5.1.
Introduction
5.2.
Significant rate of increase of dumped imports into the Union market indicating the likelihood of substantially increased imports
5.3.
Sufficient freely disposable capacity
5.4.
Price level of imports
5.5.
Level of inventories
5.6.
Other elements: profitability and other economic indicators
5.7.
Foreseeability and imminence of the change in circumstances
5.8.
Conclusion on threat of injury
6.
CAUSATION
6.1.
Effects of the dumped imports
6.2.
Effects of other factors
6.2.1.
Imports by the complainants and related companies to the complainants
6.2.2.
The increased use of recycled PET by PET users
6.2.3.
Imports from third countries
6.2.4.
Export performance of the Union industry
6.2.5.
Cost increases in raw materials and energy prices
6.2.6.
Increase in investment costs
6.2.7.
Customer purchasing preferences
6.2.8.
Conclusion on causation
7.
LEVEL OF MEASURES
7.1.
Injury margin
7.2.
Conclusion on the level of measures
8.
UNION INTEREST
8.1.
Interest of the Union industry
8.2.
Interest of users and unrelated importers
8.2.1.
Increased vPET Prices
8.2.2.
Slower transition to rPET
8.2.3.
Concerns over market dominance
8.2.4.
Analysis of the impact of the measures on users and unrelated importers
8.3.
EU’s Ambition Towards Sustainable Plastics
8.4.
Challenges with regard to rPET
8.5
Conclusion on Union interest
9.
PROVISIONAL ANTI-DUMPING MEASURES
10.
INFORMATION AT PROVISIONAL STAGE
11.
FINAL PROVISIONS
Article 1
Article 2
Article 3
ANNEX
COOPERATING EXPORTING PRODUCERS NOT SAMPLED