INHALT

Commission Implementing Regulation (EU) 2023/935 of 11 May 2023 imposing a definitive anti-dumping duty on imports of high tenacity yarns of polyesters originating in the People’s Republic of China and produced by Zhejiang Hailide New Material Co., Ltd.

COMMISSION IMPLEMENTING REGULATION (EU) 2023/935
of 11 May 2023
imposing a definitive anti-dumping duty on imports of high tenacity yarns of polyesters originating in the People’s Republic of China and produced by Zhejiang Hailide New Material Co., Ltd.
1.
PROCEDURE
1.1.
Original investigation and measures in force
1.2.
Initiation
1.3.
Interested parties
1.4.
Sampling of Union producers and of unrelated importers
1.5.
Questionnaire replies and verification visits
1.6.
Subsequent procedure
1.7.
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
3.
DUMPING
3.1.
Procedure for the determination of the normal value under Article 2(6a) of the basic Regulation
3.2.
Application of Article 18 of the basic Regulation
3.3.
Normal value
3.3.1.
Existence of significant distortions
3.3.1.1.
Introduction
3.3.1.2.
Significant distortions affecting the domestic prices and costs in China
3.3.1.3.
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
3.3.1.4.
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
3.3.1.5.
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
3.3.1.6.
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
3.3.1.7.
Significant distortions according to Article 2(6a)(b), fifth indent of the basic Regulation: wage costs being distorted
3.3.1.8.
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
3.3.1.9.
Systemic nature of the distortions described
3.3.1.10.
Conclusion
3.3.1.11.
Comments by interested parties
3.3.2.
Representative country
3.3.2.1.
General remarks
3.3.2.2.
A level of economic development similar to China and production of the product under investigation
3.3.2.3.
Availability of relevant public data in the representative country
3.3.2.4.
Level of social and environmental protection
3.3.2.5.
Conclusion
3.3.3.
Comments of the parties
3.3.4.
Sources used to establish undistorted costs
3.3.5.
Raw materials used in the production process
3.3.5.1.
Labour
3.3.5.2.
Energy
3.3.6.
SG&A and profits
3.3.7.
Calculation of the normal value
3.4.
Export price
3.5.
Comparison
3.6.
Dumping margin
4.
INJURY
4.1.
Definition of the Union industry and Union production
4.2.
Union consumption
4.3.
Imports from Hailide China
4.4.
Prices of the imports from Hailide
4.5.
Economic situation of the Union industry
4.5.1.
General remarks
4.5.2.
Macroeconomic indicators
4.5.2.1.
Production, production capacity and capacity utilisation
4.5.2.2.
Sales volume and market share
4.5.2.3.
Growth
4.5.2.4.
Employment and productivity
4.5.2.5.
Magnitude of the dumping margin
4.5.3.
Microeconomic indicators
4.5.3.1.
Prices and factors affecting prices
4.5.3.2.
Labour costs
4.5.3.3.
Inventories
4.5.3.4.
Profitability, cash flow, investments, return on investments and ability to raise capital
4.5.4.
Conclusion on injury
5.
CAUSATION
5.1.
Effects of the dumped imports
5.2.
Effects of other factors
5.2.1.
Imports from Hangzhou Huachun Chemical Fiber
5.2.2.
Imports from the other exporting producers subject to duties
5.2.3.
Imports from third countries
5.2.4.
Export performance of the Union industry
5.2.5.
Captive consumption
5.2.6.
High energy prices and inflation
5.3.
Conclusion on causation
6.
LEVEL OF MEASURES
6.1.
Injury margin
7.
UNION INTEREST
7.1.
Interest of the Union industry
7.2.
Interest of unrelated importers
7.3.
Interest of users
7.3.1.
Financial impact
7.3.2.
Supply stability
7.3.3.
Risk of transferring production capacities outside the EU
7.4.
Conclusion on Union interest
8.
DEFINITIVE ANTI-DUMPING MEASURES
9.
FINAL PROVISION
Article 1
Article 2