INHALT

Commission Implementing Regulation (EU) 2020/1534 of 21 October 2020 imposing a definitive anti-dumping duty on imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) 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) 2020/1534
of 21 October 2020
imposing a definitive anti-dumping duty on imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) 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.
Measures in force
1.2.
Initiation of an expiry review
1.3.
Review investigation period and period considered
1.4.
Interested parties
1.5.
Sampling
1.5.1.
Sampling of exporting producers in the PRC
1.5.2.
Sampling of unrelated importers
1.6.
Questionnaires and verification visits
1.7.
Comments on the complaint and on the initiation of the investigation
1.8.
Subsequent procedure
2.
PRODUCT CONCERNED AND LIKE PRODUCT
2.1.
Product concerned
2.2.
Like product
3.
LIKELIHOOD OF CONTINUATION/RECURRENCE OF DUMPING
3.1.
Preliminary remarks
3.1.1.
Procedure for the determination of the normal value under Article 2(6a) of the basic Regulation
3.2.
Normal value for the cooperating exporting producer
3.2.1.
Existence off 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
3.2.3.
Sources used to establish undistorted costs
3.2.4.
Undistorted costs and benchmarks
3.2.4.1. Data used for the construction of normal value
3.2.4.2. Raw materials and scrap
3.2.4.3. Labour
3.2.4.4. Electricity
3.2.4.5. Consumables/negligible quantities
3.2.4.6. Manufacturing overhead costs, SG&A and profits
3.2.4.7. Calculation of the normal value
3.3.
Export price for the cooperating group of exporting producers
3.4.
Comparison and dumping margin
3.5.
Dumping by the non-cooperating exporting producers
3.6.
Conclusion on continuation of dumping
3.7.
Evidence of likelihood of continuation of dumping from the PRC
3.7.1.
Production and spare capacity in the PRC
3.7.2.
Behaviour of Chinese exporters on the third countries’ markets
3.7.3.
Attractiveness of the Union market
3.8.
Conclusion on the likelihood of continuation of dumping
3.9.
Likelihood of recurrence of dumping
4.
LIKELIHOOD OF CONTINUATION OR RECURRENCE OF INJURY
4.1.
General remarks
4.2.
Definition of the Union industry and Union production
4.3.
Apparent 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.
Imports into the Union from other third countries
4.6.
Economic situation of the Union industry
4.6.1.
General remarks
4.6.2.
Macroeconomic indicators
4.6.2.1. Production, production capacity and capacity utilisation
4.6.2.2. Sales volume and market share
4.6.2.3. Employment and productivity
4.6.2.4. Growth
4.6.3.
Microeconomic indicators
4.6.3.1. Prices and factors affecting prices
4.6.3.2. Labour costs
4.6.3.3. Profitability, cash flow, investments, return on investments and ability to raise capital
4.6.3.4. Inventories
4.6.3.5. Magnitude of the dumping margin and recovery from past dumping
4.6.4.
Conclusion on material injury
5.
LIKELIHOOD OF RECURRENCE OF INJURY
5.1.
Production and spare capacity in the PRC
5.2.
Impact of Chinese dumping on the Union industry
5.3.
Attractiveness of the Union market
5.4.
Conclusion
6.
UNION INTEREST
6.1.
Preliminary remarks
6.2.
Interest of the Union industry
6.3.
Interest of unrelated importers/traders
6.4.
Interest of users
6.5.
Conclusion on Union interest
7.
ANTI-DUMPING MEASURES
Article 1
Article 2
Article 3
Article 4
ANNEX