INHALT

Commission Implementing Regulation (EU) 2021/607 of 14 April 2021 imposing a definitive anti-dumping duty on imports of citric acid originating in the People’s Republic of China as extended to imports of citric acid consigned from Malaysia, whether declared as originating in Malaysia or not, 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) 2021/607
of 14 April 2021
imposing a definitive anti-dumping duty on imports of citric acid originating in the People’s Republic of China as extended to imports of citric acid consigned from Malaysia, whether declared as originating in Malaysia or not, 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.
Previous investigations and measures in force
1.2.
Request for an expiry review
1.3.
Initiation of an expiry review
1.4.
Review investigation period and period considered
1.5.
Interested parties
1.6.
Sampling
1.6.1.
No sampling of Union producers
1.6.2.
Sampling of importers
1.6.3.
Sampling of exporting producers in China
1.7.
Replies to the questionnaire
1.8.
Verification
1.9.
Procedure for the determination of the normal value under Article 2(6a) of the basic Regulation
2.
PRODUCT UNDER REVIEW AND LIKE PRODUCT
2.1.
Product under review
2.2.
Like product
2.3.
Claims regarding product scope
3.
DUMPING
3.1.
Preliminary remarks
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 China
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 are otherwise not acting independently of the State
3.2.1.9. Systemic nature of the distortions described
3.2.1.10. Conclusion
3.3.
Representative country
3.4.
Sources used to establish undistorted costs
3.5.
Sources used for electricity, water and labour costs
3.5.1.
Electricity
3.5.2.
Water
3.5.3.
Labour
3.6.
Sources used for SG&A and profit
3.7.
Raw materials
3.8.
Calculation of the Normal Value
3.9.
Export price
3.10.
Comparison
3.11.
Dumping margins for the cooperating exporting producers
3.12.
Dumping margins for the non-cooperating exporting producers
3.13.
Conclusion on continuation of dumping
4.
LIKELIHOOD OF CONTINUATION OF DUMPING
4.1.
Production capacity and spare capacity in the country concerned
4.2.
Attractiveness of the Union market
4.3.
Relation between export prices to third countries and the price level in the Union
4.4.
Circumvention practices
4.5.
Likely prices and dumping margins should measures be repealed
4.6.
Conclusion
5.
INJURY
5.1.
Definition of the Union industry and Union production
5.2.
Union consumption
5.3.
Imports from the country concerned
5.3.1.
Volume and market share of the imports from the country concerned
5.3.2.
Prices of the imports from the country concerned and price undercutting
5.4.
Imports from third countries other than China
5.5.
Economic situation of the Union industry
5.5.1.
General remarks
5.5.2.
Production, production capacity and capacity utilisation
5.5.3.
Sales volume and market share
5.5.4.
Employment and productivity
5.5.5.
Magnitude of the dumping margin and recovery from past dumping
5.5.6.
Prices and factors affecting prices
5.5.7.
Labour costs
5.5.8. Inventories
5.5.9.
Profitability, cash flow, investments, return on investments and ability to raise capital
5.6.
Conclusion on injury
6.
LIKELIHOOD OF RECURRENCE OF INJURY
6.1.
General remarks
7.
UNION INTEREST
7.1.
Interest of the Union industry
7.2.
Interest of unrelated importers
7.3.
Interest of users
7.4.
Other factors – security of sources of supply
7.5.
Conclusion on Union interest
8.
ANTI-DUMPING MEASURES
Article 1
Article 2
Article 3
ANNEX