Commission Implementing Regulation (EU) 2021/633 of 14 April 2021 imposing a defi... (32021R0633)
INHALT
Commission Implementing Regulation (EU) 2021/633 of 14 April 2021 imposing a definitive anti-dumping duty on imports of monosodium glutamate originating in the People’s Republic of China and in Indonesia 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) 2021/633
- of 14 April 2021
- imposing a definitive anti-dumping duty on imports of monosodium glutamate originating in the People’s Republic of China and in Indonesia 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. Parallel anti-circumvention investigation
- 1.5. Review investigation period and period considered
- 1.6. Interested parties
- 1.6.1. Sampling
- 1.6.1.1. Sampling of producers in the People’s Republic of China and Indonesia
- 1.6.1.2. Sampling of importers
- 1.6.2. Replies to the questionnaire
- 1.6.3. Verification
- 2. PRODUCT UNDER REVIEW AND LIKE PRODUCT
- 2.1. Product under review
- 2.2. Like product
- 3. LIKELIHOOD OF CONTINUATION OR RECURRENCE OF DUMPING
- 3.1. Preliminary remarks
- 3.1.1. PRC
- 3.1.2. Indonesia
- 3.2. Continuation of dumping during the review investigation period
- 3.2.1. PRC
- 3.2.2. Procedure for the determination of the normal value under Article 2(6a) of the basic Regulation for the imports of product under review originating in the PRC.
- 3.2.2.1. Normal value
- 3.2.3. Existence of significant distortions
- 3.2.3.1. Introduction
- 3.2.3.2. Significant distortions affecting the domestic prices and costs in the PRC
- 3.2.3.3. 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
- 3.2.3.4. 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
- 3.2.3.5. 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
- 3.2.3.6. 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
- 3.2.3.7. Significant distortions according to Article 2(6a)(b), fifth indent of the basic Regulation: wage costs being distorted
- 3.2.3.8. 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
- 3.2.3.9. Systemic nature of the distortions described
- 3.2.3.10. Conclusion
- 3.2.4. Representative country
- 3.2.4.1. General remarks
- 3.2.4.2. Production of the product under investigation in the representative country and level of economic development similar to the PRC
- 3.2.4.3. Readily available data in the representative country
- 3.2.4.4. Conclusion on representative country
- 3.2.5. Sources used to establish undistorted costs and benchmarks
- 3.2.6. Factors of production
- 3.2.6.1. Raw materials
- 3.2.6.2. Labour
- 3.2.6.3. Electricity
- 3.2.6.4. Consumables/negligible quantities
- 3.2.6.5. Manufacturing overhead costs, SG&A, profits and depreciation
- 3.2.7. Calculation
- 3.2.8. Export price
- 3.2.9. Comparison and dumping margin
- 3.2.10. Conclusion
- 3.3. Indonesia
- 3.3.1. Normal value
- 3.3.2. Export price
- 3.3.3. Comparison and dumping margin
- 3.3.4. Conclusion
- 4. LIKELIHOOD OF CONTINUATION OF DUMPING
- 4.1. PRC
- 4.1.1. Production capacity and spare capacity in the PRC
- 4.1.2. Attractiveness of the Union market, export prices to third country markets and circumvention
- 4.1.3. Conclusion on the likelihood of continuation of dumping
- 4.2. Indonesia
- 4.2.1. Production capacity and spare capacity in Indonesia
- 4.2.2. Market situation in Indonesia
- 4.2.3. Attractiveness of the Union market and export prices to third country markets
- 4.2.4. Conclusion on the likelihood of continuation of dumping
- 5. INJURY
- 5.1. Definition of the Union industry and Union production
- 5.2. Union consumption
- 5.3. Imports from the countries concerned
- 5.3.1. Volume and market share of the imports from the countries concerned
- 5.3.2. Inward processing system
- 5.3.3. Prices of the imports from the countries concerned and price undercutting
- 5.4. Imports from third countries other than the PRC and Indonesia
- 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
- 5.5.3.1. Growth
- 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 CONTINUATION AND/OR RECURRENCE OF INJURY
- 6.1. Likelihood of continuation of injury from the PRC
- 6.1.1. The production capacity, spare capacity in the PRC and attractiveness of the Union market
- 6.1.2. Impact of imports from the PRC on the situation of the Union industry should the measures be allowed to lapse
- 6.1.3. Conclusion
- 6.2. Likelihood of recurrence of injury from Indonesia
- 6.2.1. Production capacity and spare capacity in Indonesia, market situation in Indonesia and attractiveness of the Union market
- 6.2.2. Impact of imports from Indonesia on the situation of the Union industry should the measures be allowed to lapse
- 6.2.3. Conclusion
- 7. UNION INTEREST
- 7.1. Interest of the Union industry
- 7.2. Interest of unrelated importers
- 7.3. Interest of users
- 7.4. Conclusion on Union interest
- 8. ANTI-DUMPING MEASURES
- Article 1
- Article 2
- Article 3
- Article 4
- Article 5
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