INHALT

Commission Implementing Regulation (EU) 2021/635 of 16 April 2021 imposing a definitive anti-dumping duty on imports of certain welded pipes and tubes of iron or non-alloyed steel originating in Belarus, the People’s Republic of China and Russia 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) 2021/635
of 16 April 2021
imposing a definitive anti-dumping duty on imports of certain welded pipes and tubes of iron or non-alloyed steel originating in Belarus, the People’s Republic of China and Russia 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
1.5.1.
Sampling
1.5.2.
Sampling of Union producers
1.5.3.
Sampling of importers
1.5.4.
Sampling of exporting producers in the countries concerned
1.6.
Replies to the questionnaire
1.7.
On spot verification and remote cross-checking
1.8.
Subsequent procedure
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.
Belarus
3.1.1.
Continuation of dumping of imports during the review investigation period
3.1.2.
Likelihood of recurrence of dumping should the measures be repealed
(a)
Normal value
(b)
Export price
(c)
Comparison
3.1.2.1. Production capacity and spare capacity in Belarus
3.1.2.2. Attractiveness of the Union market
3.1.2.3. Conclusion on the likelihood of continuation or recurrence of dumping
3.2.
The People’s Republic of China
3.2.1.
Preliminary remarks
3.2.2.
Continuation of dumping of imports during the review investigation period
3.2.2.1. Procedure for the determination of the normal value under Article 2(6a) of the basic Regulation
3.2.2.2. Normal value
(a)
Existence of significant distortions
(1) Introduction
(2) Significant distortions affecting the domestic prices and costs in the PRC
(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
(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
(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
(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
(7) Significant distortions according to Article 2(6a)(b), fifth indent of the basic Regulation: wage costs being distorted
(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
(9) Systemic nature of the distortions described
(10) Conclusion
(b)
Representative country
(1) General remarks
(2) A level of economic development similar to the PRC
(3) Production of the product under review in the representative country
(4) Availability of relevant public data in the representative country
(5) Level of social and environmental protection
(6) Conclusion on representative country
(c)
Sources used to establish undistorted costs
(d)
Undistorted costs and benchmarks
(1) Raw materials and by-products
(2) Labour
(3) Electricity
(4) Natural gas
(e)
Manufacturing overhead costs, SG&A and profits
(f)
Calculation of normal value
3.2.2.3. Export price
3.2.2.4. Comparison and dumping margin
3.2.2.5. Conclusion
3.2.3.
Likelihood of recurrence of dumping should the measures be repealed.
3.2.3.1. Exports to third countries
(a)
Normal value
(b)
Export price
(c)
Comparison and dumping margins
3.2.3.2. Production capacity and spare capacity in the PRC
3.2.3.3. Availability of other markets
3.2.3.4. Attractiveness of the Union market
3.2.3.5. Conclusion on the likelihood of recurrence of dumping
3.2.4.
Overall conclusion on the likelihood of continuation or recurrence of dumping
3.3.
Russia
3.3.1.
Preliminary remarks
3.3.2.
Continuation of dumping of imports during the review investigation period
3.3.2.1. Normal value
3.3.2.2. Export price
3.3.2.3. Comparison
3.3.2.4. Conclusion
3.3.3.
Likelihood of recurrence of dumping should measures be repealed
3.3.3.1. Exports to third countries
(a)
Normal value
(b)
Export price
(c)
Comparison and dumping margin
3.3.3.2. Production capacity and spare capacity in Russia
3.3.3.3. Attractiveness of the Union market
3.3.3.4. Conclusion on the likelihood of continuation or recurrence of dumping
4.
INJURY
4.1.
Definition of the Union industry and Union production
4.2.
Union consumption
4.3.
Imports from the countries concerned
4.3.1.
Volume and market share of the imports from the countries concerned
4.3.2.
Prices of the imports from the countries concerned and price undercutting
4.3.2.1. Prices
4.3.2.2. Price undercutting
4.4.
Imports from third countries other than Russia, Belarus and the PRC
4.5.
Economic situation of the Union industry
4.5.1.
General remarks
4.5.2.
Macroeconomic indicators
(101)
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 and recovery from past dumping
4.5.3.
Microeconomic indicators
(102)
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
(a)
Profitability
(b)
Cash flow
(c)
Investments and return on investments
4.6.
Conclusion on injury
5.
LIKELIHOOD OF RECURRENCE OF INJURY ORIGINALLY CAUSED BY DUMPED IMPORTS FROM THE COUNTRIES CONCERNCED IF THE MEASURES WERE REPEALED
5.1.
Spare capacity in the counties concerned and the attractiveness of the Union market
5.2.
Impact of potential imports from the countries concerned on the Union industry’s situation should the measures lapse
6.
UNION INTEREST
6.1.
Interest of the Union industry
6.2.
Interest of unrelated importers, traders and users
6.3.
Conclusion on Union interest
7.
ANTI-DUMPING MEASURES
Article 1
Article 2