INHALT

Commission Implementing Regulation (EU) 2023/1776 of 14 September 2023 imposing a definitive anti-dumping duty on imports of melamine 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) 2023/1776
of 14 September 2023
imposing a definitive anti-dumping duty on imports of melamine 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 investigation and measures in force
1.2.
Initiation of an expiry review
1.3.
Review investigation period and period considered
1.4.
Interested parties
1.5.
Claims on initiation
1.6.
Sampling
1.6.1.
Sampling of Union producers
1.6.2.
Sampling of unrelated importers
1.6.3.
Sampling of exporting producers in the PRC
1.7.
Replies to the questionnaire
1.8.
Verification
1.9.
Subsequent procedure
2.
PRODUCT UNDER REVIEW AND LIKE PRODUCT
2.1.
Product under review
2.2.
Product concerned
2.3.
Like product
3.
DUMPING
3.1.
Preliminary remarks
3.2.
Continuation of dumping during the review investigation period
3.2.1.
Procedure for the determination of the normal value under Article 2(6a) of the basic Regulation for the imports of melamine originating in the PRC
3.2.2.
Normal value
3.2.2.1.
Existence of significant distortions
3.2.2.1.1. Introduction
3.2.2.1.2. Significant distortions affecting the domestic prices and costs in the PRC
3.2.2.1.3. 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
3.2.2.1.4. 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
3.2.2.1.5. 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
3.2.2.1.6. 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
3.2.2.1.7. Significant distortions according to Article 2(6a)(b), fifth indent of the basic Regulation: wage costs being distorted
3.2.2.1.8. 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
3.2.2.1.9. Systemic nature of the distortions described
3.2.2.1.10. Conclusion
3.2.2.2.
Representative country
3.2.2.3.
Undistorted costs and benchmarks and sources used to establish them
3.2.2.3.1. Raw materials
3.2.2.3.2. Energy/utilities
3.2.2.3.3. Labour
3.2.2.3.4. By-products
3.2.2.3.5. Manufacturing overheads, SG&A, and profit
3.2.2.4.
Calculation of the normal value
3.2.3.
Export price
3.2.4.
Comparison and dumping margins
3.3.
Likelihood of continuation of dumping
3.3.1.
Production capacity and spare capacity in the PRC
3.3.2.
Attractiveness of the Union market
3.3.3.
Conclusion on the likelihood of continuation of dumping
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 China and price undercutting.
4.3.2.1.
Prices
4.3.2.2.
Price undercutting
4.4.
Volumes and prices of imports from third countries
4.5.
Economic situation of the Union industry
4.5.1.
General remarks
4.5.2.
Production, production capacity and capacity utilisation
4.5.3.
Sales volume and market share
4.5.4.
Growth
4.5.5.
Prices and factors affecting prices
4.5.6.
Employment and productivity
4.5.7.
Inventories
4.5.8.
Profitability, cash flow, investments, return on investments and ability to raise capital
4.5.9.
Conclusion on the situation of the Union industry
5.
LIKELIHOOD OF RECURRENCE OF INJURY IF THE MEASURES WERE TO BE REPEALED
6.
UNION INTEREST
6.1.
Introduction
6.2.
Interest of the Union industry
6.3.
Interest of unrelated importers and users
6.4.
Conclusion on Union interest
7.
ANTI-DUMPING MEASURES
Article 1
Article 2
Article 3