INHALT

Commission Implementing Regulation (EU) 2022/116 of 27 January 2022 imposing a definitive anti-dumping duty on imports of acesulfame potassium 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) 2022/116
of 27 January 2022
imposing a definitive anti-dumping duty on imports of acesulfame potassium 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.
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.
Comments on initiation
1.6.1.
Sampling
1.6.2.
Sampling of producers in the PRC
1.6.3.
Sampling of importers
1.7.
Replies to the questionnaire
1.8.
Verification
(a) Union producer
(b) Exporting producer in the PRC
1.9.
Subsequent procedure
2.
PRODUCT CONCERNED AND LIKE PRODUCT
2.1.
Product under review
2.2.
Like product
3.
LIKELIHOOD OF CONTINUATION OR RECURRENCE OF DUMPING
3.1.
Preliminary remarks
3.2.
Procedure for the determination of the normal value under Article 2(6a) of the basic Regulation
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
3.3.
Representative country
3.3.1.
General remarks
3.3.2.
A level of economic development similar to the PRC
3.3.3.
Availability of relevant public data in the representative country
3.3.4.
Level of social and environmental protection
3.3.5.
Conclusion
3.4.
Sources used to establish undistorted costs
3.5.
Undistorted costs and benchmarks
3.5.1.
Factors of production
3.5.2.
Manufacturing overhead costs, SG&A, and profits
3.5.3.
Calculation
3.6.
Export price
3.7.
Comparison
3.8.
Dumping margin
4.
LIKELIHOOD OF CONTINUATION OF DUMPING
4.1.
Production capacity and spare capacity in the PRC
4.2.
Attractiveness of the Union market
4.3.
Likely prices and dumping margins should measures be repealed
4.4.
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 the PRC
5.5.
Economic situation of the Union industry
5.5.1.
General remarks
5.5.1.1.
Production, production capacity and capacity utilisation
5.5.1.2.
Sales volume and market share
5.5.1.3.
Employment and productivity
5.5.1.4.
Magnitude of the dumping margin and recovery from past dumping
5.5.1.5.
Prices and factors affecting prices
5.5.1.6.
Labour costs
5.5.1.7.
Inventories
5.5.1.8.
Profitability, cash flow, investments, return on investments and ability to raise capital
5.5.1.9.
Conclusion on injury
6.
LIKELIHOOD OF RECURRENCE OF INJURY
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
7.4.1.
Security of supply
7.5.
Conclusion on Union interest
8.
ANTI-DUMPING MEASURES
Article 1
Article 2