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13.9.2013 Official
Journal
of
the
European
Union L
244/1
II
(Non-legislative acts)
REGULATIONS
COUNCIL IMPLEMENTING REGULATION (EU) No 875/2013
of 2 September 2013
imposing a definitive anti-dumping duty on imports of certain prepared or preserved sweetcorn in
kernels originating in Thailand following an expiry review pursuant to Article 11(2) of Regulation
(EC) No 1225/2009
THE COUNCIL OF THE EUROPEAN UNION,
(2) Regulation
(EC)
No
954/2008
( 3 ) amended Regulation
(EC) No 682/2007 with regard to the rate of duty
imposed on one company and on ‘all other companies’.
The amended duties range between 3,1 % and 14,3 %.
Having regard to the Treaty on the Functioning of the European
Imports from two Thai exporting producers from
Union, and in particular Article 291(2) thereof,
whom undertakings had been accepted by Commission
Decision 2007/424/EC ( 4 ) were exempted from the duty.
Having regard to Council Regulation (EC) No 1225/2009 of
30 November 2009 on protection against dumped imports
(3) The
Council,
by
Regulation
(EC)
No
847/2009
( 5 ),
from countries not members of the European Community ( 1 )
considered that price undertakings with fixed minimum
(‘the basic Regulation’) and in particular Articles 9 and 11(2)
import prices were no longer appropriate to counteract
thereof,
the injurious effect of dumping. Consequently, the
accepted undertakings were withdrawn and the under
taking offers by 10 other Thai exporting producers
were rejected.
Having regard to the proposal submitted by the European
Commission after consulting the Advisory Committee,
2. Request for an expiry review
Whereas:
(4) Following the publication of a notice of impending
expiry ( 6 ) of the definitive anti-dumping measures in
force, the Commission received on 19 March 2012 a
request for the initiation of an expiry review of those
A. PROCEDURE
measures pursuant to Article 11(2) of the basic Regu
lation. The request was lodged by the Association Euro
1. Measures in force
péenne des Transformateurs de Mas Doux (AETMD) (‘the
complainant’) on behalf of producers representing a
(1) The
Council,
following
an
anti-dumping
investigation
(‘the original investigation’), imposed, by means of Regu
lation (EC) No 682/2007 (
(

2 ), a definitive anti-dumping

3 ) Council Regulation (EC) No 954/2008 of 25 September 2008
duty on imports of certain prepared or preserved
amending Regulation (EC) No 682/2007 imposing a definitive
anti-dumping duty and collecting definitively the provisional duty
sweetcorn in kernels currently falling within CN codes
imposed on imports of certain prepared or preserved sweetcorn in
ex 2001 90 30 and ex 2005 80 00 originating in
kernels originating in Thailand (OJ L 260, 30.9.2008, p. 1).
Thailand (‘the definitive anti-dumping measures’). The
( 4 ) Commission Decision 2007/424/EC of 18 June 2007 accepting
measures took the form of an ad valorem duty ranging
undertakings offered in connection with the anti-dumping
between 3,1 % and 12,9 %.
proceeding concerning imports of certain prepared or preserved
sweet corn in kernels originating in Thailand (OJ L 159, 20.6.2007,
p. 42).
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 5 ) Council Regulation (EC) No 847/2009 of 15 September 2009
( 2 ) Council Regulation (EC) No 682/2007 of 18 June 2007 imposing a
amending Regulation (EC) No 682/2007 imposing a definitive
definitive anti-dumping duty and collecting definitively the
anti-dumping duty on imports of certain prepared or preserved
provisional duty imposed on imports of certain prepared or
sweetcorn in kernels originating in Thailand (OJ L 246, 18.9.2009,
preserved sweetcorn in kernels originating in Thailand (OJ L 159,
p. 1).
20.6.2007, p. 14).
( 6 ) OJ C 258, 2.9.2011, p. 11.

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L 244/2
EN
Official Journal of the European Union
13.9.2013
major proportion of the total Union production of
initiation of the review and to provide the Commission
prepared or preserved sweetcorn — in this case more
with the information requested in the notice of initiation.
than 50 %.
(5)
The request was based on the grounds that the expiry of
(11) As regard to the selection of the sample of the exporting
the measures would be likely to result in a continuation
producers in Thailand, the Commission received
or recurrence of dumping and injury to the Union
complete information from 17 exporting producers,
industry.
out of which 9 had exports to the Union during the
RIP. It was decided to select a sample of 3 exporting
producers whose combined exports represented 90 % of
the total quantities exported to the Union by the
3. Initiation of an expiry review
cooperating exporting producers during the RIP.
(6) Having
determined,
after
consulting
the
Advisory
Committee, that sufficient evidence existed for the
initiation of an expiry review, the Commission
(12) Given
that
only
one
reply
has
been
received
from
an
announced, on 19 June 2012, by a notice published in
unrelated importer, sampling was not applied to
the Official Journal of the European Union ( 1 ) (‘the notice of
unrelated importers.
initiation’), the initiation of an expiry review pursuant to
Article 11(2) of the basic Regulation.
(13) In
view
of
the
large
number
of
Union
producers
involved
4. Investigation
in these proceedings, the notice of initiation announced
that the Commission had provisionally selected a sample
4.1. Review investigation period and period considered
of Union producers for the determination of injury in
accordance with Article 17 of the basic Regulation. That
(7)
The investigation of a continuation of dumping covered
pre-selection had been made by using the information
the period from 1 April 2011 to 31 March 2012 (‘the
available to the Commission at initiation stage and was
review investigation period’ or ‘RIP’). The examination of
based on the producers’ sales volume, production volume
the trends relevant for the assessment of the likelihood of
and geographical location in the Union. The proposed
a continuation of injury covered the period from
sample corresponds to the largest representative volume
1 January 2008 to the end of the review investigation
of production which could be reasonably investigated
period (‘the period considered’).
within the time available, representing 58 % of the total
production of the Union industry. In addition, the
proposed sample is representative in terms of
4.2. Parties concerned by the proceedings
geographical location of the companies as it covers
three different Member States. Union producers have
(8) The
Commission
officially
advised
the
applicants,
the
been consulted about the proposed sample on the date
other known Union producers, the exporting producers
of publication of the notice of initiation. Given that no
in Thailand, the unrelated importers, the users known to
additional producers came forward and no comments
be concerned, and the representatives of the exporting
were received on the sample, the proposed sample has
country, of the initiation of the expiry review. Interested
been confirmed.
parties were given the opportunity to make their views
known in writing and to request a hearing within the
time limit set out in the notice of initiation.
(14) Two
interested
parties
claimed
that
the
sample
of
Union
producers has only been selected among applicants and
(9) All
interested
parties,
who
so
requested
and
showed
that
that an effort should have been made to sample
there were particular reasons why they should be heard,
producers outside the group of applicants.
were granted a hearing.
(15) However,
all
known
Union
producers,
both
applicants
as
(10) In
view
of the
apparent
large
number of exporting
well as non-applicants, have been invited to cooperate.
producers in Thailand and unrelated importers in the
Ten Union producers, both applicants and non-appli
Union involved in the investigation, sampling was
cants, have submitted sampling information. As
envisaged in the notice of initiation, in accordance with
explained in recital 13, the selected sample corresponds
Article 17 of the basic Regulation. In order to enable the
to the largest representative volume of production which
Commission to decide whether sampling would be
could be reasonably investigated within the time
necessary and, if so, to select a sample, the above-
available, representing 58 % of the total production of
mentioned parties were requested to make themselves
the Union industry. The Commission considers that the
known to the Commission within 15 days of the
selected sample is representative in terms of geographical
location, irrespective of whether the producers are
( 1 ) OJ C 175, 19.6.2012, p. 22.
applicants or not. Therefore, the claim is rejected.

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EN
13.9.2013 Official
Journal
of
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European
Union L
244/3
(16) The
Commission
sought
and
verified
all
the
information
(20) Two
interested
parties
claimed
that
the
CN
codes
for
deemed necessary for a determination of the likelihood
sweet corn do not only represent the product concerned,
of continuation or recurrence of dumping, resulting
but include considerable quantities of canned babycorn
injury and of the Union interest. To this end, the
which is not produced in the Union and which is not the
Commission sent questionnaires to the exporting
like product. They suggested that the Commission
producers and Union producers selected in the sample
include babycorn it its data.
and to the unrelated importer. Verification visits were
carried out at the premises of the following companies:
(21) However,
the
investigation
focused
exclusively
on
the
product under measures, which excludes babycorn, by
(a) Producers in the Union:
using corresponding TARIC codes as a basis for
analysis. Therefore, the claim is rejected as factually
incorrect.
— Bonduelle Conserve International SAS, Renescure,
France
2. Like product
— Compagnie Générale de Conserve France SA,
Theix, France
(22) The
sweetcorn
produced
and
sold
in
the
Union
by
the
Union industry and the sweetcorn produced and sold in
Thailand was found to have essentially the same physical
and chemical characteristics and the same basic uses as
— Compagnie Générale de Conserve Hungary,
the sweetcorn produced in Thailand and sold for export
Debrecen, Hungary
to the Union. They are therefore considered to be alike
within the meaning of Article 1(4) of the basic Regu
lation.
— Conserve Italia SCA, San Lazzaro di Savena, Italy;
C. LIKELIHOOD OF CONTINUATION OR RECURRENCE
(b) Exporting producers in Thailand:
OF DUMPING
(23) In
accordance
with
Article
11(2)
of
the
basic
Regulation,
— Agri Sol., Ltd, Pathumthani City
it was examined whether the expiry of the existing
measures would be likely to lead to a continuation or
recurrence of dumping.
— Lampang Food Products co, Ltd, Bangkok
1. Preliminary remarks
— Sun Sweet Co., Ltd, Chiang Mai City.
(24) As stated in recital 10, in view of the potentially large
number of exporting producers which expressed their
(17) All
interested
parties,
who
so
requested
and
showed
that
willingness to cooperate, sampling was foreseen in the
there were particular reasons why they should be heard,
notice of initiation. A sample of three exporting
were granted a hearing.
producers, representing approximately 90 % of total
exports among the exporting producers that expressed
their willingness to cooperate, was selected for the deter
mination of the likelihood of a continuation or
B. PRODUCT CONCERNED AND LIKE PRODUCT
recurrence of dumping.
1. Product concerned
(18) The
product concerned is sweetcorn (Zea mays var.
saccharata) in kernels, prepared or preserved by vinegar
(25) As
the
combined
export
quantities
of
the
three
sampled
or acetic acid, not frozen, currently falling within CN
exporting producers accounted for approximately 25 %
code ex 2001 90 30, and sweetcorn (Zea mays var.
of all exports from Thailand to the Union during the RIP,
saccharata) in kernels prepared or preserved otherwise
information from other sources such as the request for
than by vinegar or acetic acid, not frozen, other than
the review and available trade statistics on exports (from
products of heading 2006, currently falling within CN
the Thai Customs) and on imports (from Eurostat) had to
code ex 2005 80 00, originating in Thailand.
be used in order to assess the likelihood of a

continuation or recurrence of dumping.
(19) The
investigation
has
shown
that,
despite
differences
in
the preservations, the different types of the product
(26) Sales
to traders
in Thailand,
where the goods were
concerned all share the same basic biological and
destined for unknown export destinations, have not
chemical characteristics and are basically used for the
been included in the determination of the dumping
same purposes.
margin.

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Official Journal of the European Union
13.9.2013
(27) As
in
the
original
investigation,
it
has
been
found
that
(34) For the type of the product concerned where the
certain exporting producers source part of their sales of
domestic sales were representative and made in the
the product concerned from external suppliers. For the
ordinary course of trade, normal value was established
purpose of the investigation, sales of the product
on the actual domestic price, calculated as a weighted
concerned which have not been manufactured by the
average of all the domestic sales of that type during
exporting producers themselves have not been taken
the RIP.
into account when determining their respective
dumping margins.
(35) For
the
remaining
two
exporting
producers
whose
sales
on the domestic market were not considered to be repre
2. Dumping of imports during the RIP
sentative (one of which did not sell the like product for
2.1. Determination of the Normal Value
domestic consumption at all) and for the third exporting
producer whose overall sales were considered to be
(28) In
accordance
with
the
first
sentence
of
Article
2(2),
of
representative but where for a number of types of the
the basic Regulation, for the determination of normal
like product, the quantities sold on the domestic market
value, it was first established, for each of the three
were not considered to be representative, the normal
exporting producers, whether their total domestic sales
value had to be constructed pursuant to Article 2(3) of
of the like product during the RIP were representative in
the basic Regulation.
comparison to their total export sales to the Union, i.e. if
sales volumes of the like product intended for domestic
consumption represented 5 % or more of their exports of
the product concerned to the Union.
(36) The
normal
value
was
constructed
by
adding
the
cost
of
manufacturing for each product type exported to the
Union and a reasonable amount for selling, general and
administrative costs (SG & A) and for profits.
(29) The domestic sales of the like product were found to be
representative for one of the three sampled companies.
(37) In
accordance
with
Article
2(6)
of
the
basic
Regulation,
(30) It
was
subsequently
examined
whether
the
types
of
the
for the two exporting producers who had sales intended
like product sold by this company and intended for
for domestic consumption – at quantities below or above
domestic consumption were identical or directly
5 % of their respective sales quantities to the Union – the
comparable to the types for export to the Union. For
SG & A and the profit margin were taken from the
each of the those types, it was established whether
respective company’s sales under the ordinary course of
sales of the like product intended for domestic
trade on the domestic market.
consumption were sufficiently representative for the
purposes of Article 2(2) of the basic Regulation. Sales
intended for domestic consumption were sufficiently
representative when they represented 5 % or more of
(38) For
the
third
exporting
producer
which
did
not
sell
the
the total sales volume of the comparable type exported
like product for domestic consumption, in accordance
to the Union.
with Article 2(6)(a) of the basic Regulation, the SG &
A and profit used for this third exporting producer
constituted the weighted average of the SG & A and
profit for the other two other exporting producers
(31) It
was
found
that,
for
this
company,
only
one
type
of
the
referred to in recital 37.
like product was directly comparable to the type
exported to the Union. Moreover, this particular type
was also sold in sufficiently representative quantities on
the domestic market.
(39) Two
interested
parties
contested
the
methodology
used,
as set out in recital 37, i.e. the use of profit for the
purpose of constructing a normal value when this
(32) It
was
subsequently
examined
whether
the
product
type
profit is based on domestic sales transactions at
for the company referred to in recital 31 was sold in the
volumes below 5 % of sales quantities to the Union. It
ordinary course of trade pursuant to Article 2(4) of the
considers that, when domestic sales transactions are not
basic Regulation. This was done by establishing the
considered to be in sufficient quantities to be represen
proportion of profitable domestic sales to independent
tative, then the profit from those transactions should not
customers for the product type concerned.
be used.
(33) It was found that more than 80 % of the volume of sales
(40) However,
the
same
methodology
has
been
used
in
the
intended for domestic consumption was profitable and,
original investigation, and in the absence of changed
in accordance with Article 2(4), all transactions for this
circumstances, the Commission considers that this
particular type were used for determining the normal
methodology is still valid for the purpose of these
value.
proceedings.

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Union L
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2.2. Determination of the export price
2.4. Dumping during the RIP
(41) All
sales
of
the
sampled
exporting
producers
were
made
(48) On the basis of the above, the dumping margins
directly to unrelated customers in the Union. The sales
expressed as a percentage of the free-at-Union-frontier
price was thus established in accordance with Article 2(8)
price, before duty, were found to be between 8 % and
of the basic Regulation, on the basis of prices paid or
44 %.
payable by those independent customers in the Union.
3. Development of imports should measures be
repealed
2.3. Comparison and adjustments
3.1. Production capacity of the exporting producers
(42) The
comparison between the normal value and the
export price was made on an ex-works basis. In order
(49) The
production
of
sweetcorn
is
dependent
on
the
access
to ensure a fair comparison, account was taken of
of freshly harvested corn that is delivered to the canning
differences which affect price comparability in
factory directly after harvest. The freshly harvested corn
accordance with Article 2(10) of the basic Regulation.
should be canned within 24 hours after harvest and thus
the capacity to produce the product concerned is directly
linked to the availability of freshly harvested corn.
(43) Allowances
for
differences
in
transport
costs,
insurance
costs, handling and loading costs, commissions and bank
charges were granted when applicable and duly justified.
(50) In
Thailand,
the
harvest
season
is
around
9-10
months
a
year, encompassing 2 harvests per year. When assessing
the available technical capacity to manufacture, season-
related raw material constraints must be included in the
analysis.
(44) Moreover,
in
accordance
with
Article
2(10)(d)
of
the
basic Regulation and pursuant to the methodology
applied in the original investigation, allowances were
made for differences in the level of trade for those
(51) The
three
exporting
producers
that
were
included
in
the
exporting producers whose sales on the domestic
sample had a combined technical capacity of between
market carries its own brand, but whose sales to the
130 000 - 150 000 tonnes. The actual utilisation rate
Union is under a retailers brand. The adjustment level
of available technical capacity varied between 50 % –
– calculated in the form of a reduction of the profit
80 %.
margin used when constructing the normal value as
referred to in recital 33 — has been estimated on the
basis of the relationship of the profit margins obtained
by the Union industry on their own branded products
(52) Several
interested
parties
argued
that,
while
acknowl
and on all products. The profit margin was hence
edging the methodology used in curtailing the technical
reduced by between 20 % and 50 %.
capacity with accessibility of raw materials, the available
spare capacity was exaggerated.
(45) Two interested
parties considered that the domestic
(53) As already
stressed in recital 50, technical capacity
market in Thailand and the Union market cannot be
cannot be fully utilized due to the seasonal unavailability
compared, as the size of the market differs and the fact
of freshly harvested sweet corn. Still, the investigation has
that Thai producers sell under their own brand on the
shown that capacity utilisation figures of 80 % and above
domestic market.
are achieved by some sampled producers, while for other
sampled producers the capacity utilisation was much
lower. Since all producers have a comparable access to
raw materials, this lower capacity utilisation cannot only
(46) It
is
first
recalled
that
in
recital
22
it
was
established
that
be explained by the seasonal unavailability of freshly
sweet corn sold on the Thai domestic market and sweet
harvested sweet corn.
corn sold for export to the Union market are alike within
the meaning of Article 1(4) of the basic Regulation.
(54) According
to
information
provided
by
the
Thai
Food
Processors Association, the total export quantity of
Thailand to the rest of the world steadily increased by
(47) Second, due to the differences in the level of trade, an
around 20 % during the period considered, reaching a
adjustment to the profit margin – a downward
volume of 150 000 – 200 000 tonnes during the RIP.
adjustment by between 20 % and 50 % of the profit
This shows that the quantities of available sweet corn can
margin generated from domestic, own-brand sales –
and effectively do increase steadily when additional quan
was made. This also follows the methodology used in
tities are needed by exporting producers. In this respect,
the original investigation.
it is noted that the total production of yellow corn

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ranged from 4,1 million – 4,5 million tonnes in Thailand
like product on the domestic market, two facts have
during the period considered. While it is acknowledged
emerged: on the domestic market the prices are relatively
that the production cannot be switched from yellow corn
high (due to own-brand sales) and the volumes are
to sweet corn on a 1:1 basis, the sheer magnitude of the
relatively small as compared to the export sales. On
difference in production volumes makes it clear that even
this basis, there is no apparent risk of trade diversion
a small shift in the production quantities from yellow
from sales on the domestic market to sales to the
corn to sweetcorn can have a substantial impact on the
Union should measures be repealed.
total sweetcorn production in Thailand.
(55) On
this
basis,
it
was
established
that
the
three
sampled
(60) When comparing the export prices of the product
producers could produce an additional quantity of
concerned to the Union with the prices charged for the
around 40 000 – 60 000 tonnes per year (‘effective
like product on third country markets, it emerges that for
spare capacity’), which is around 2 to 3 times the total
the 3 sampled exporting producers prices to the Union
exports from Thailand of the product concerned to the
are – on average – 14 % higher.
Union.
(56) The
effective
spare
capacity
of
the
sampled
producers
(61) Trade
Statistics
from
the
Thai
Customs
also
confirms
this
alone can therefore be considered significant. In
finding. After conversion of the logistical weight (can +
addition, there are another 15 known producers of the
corn + liquid) reported into canned net weight (corn +
product concerned in Thailand, which similarly have
liquid) following the methodology in the application for
access to the vast production of sweet corn in Thailand.
the review, the prices per kg charged to the Union are –
on average – 5 % higher than to third countries.
(57) From
information
collected
from
other
sources,
i.e.
(62) While
several
parties
have
expressed
doubts
that
a
price
— information collected from exporting producers’
difference of 5 % or 14 % is significant enough to result
internet presentations,
in a trade diversion to the Union, the investigation has
shown that this is indeed likely in the sweetcorn market.
In these proceedings, one Thai company (Karn Corn)
previously obtained a duty rate which is 8 % - 10 %
— information collected in relation to the sampling
lower than that of most other Thai exporters. This
exercise, and
advantage of 8 % - 10 % was, however, sufficient to
increase their share in Thai exports to the Union by
seven times between the IP of the original investigation
— information collected under the data-base set up
and the RIP of the current investigation.
under Article 14(6) of the basic Regulation,
it can be concluded that at least two major exporting
(63) In
addition,
despite
the
anti-dumping
duty
of
3,1
%
in
producers, one of which cooperated in the review inves
force, Karn Corn more than doubled their export quan
tigation but was not selected for the sample (and hence
tities to the Union since the imposition of the anti-
did not supply any detailed information in this regard),
dumping duties. This shows the attractiveness of the
have a combined capacity of between 50 000-100 000
Union market compared to other markets, even in the
tonnes.
case of a small price differential.
(58) Finally, there is no evidence to suggest that the level of
consumption on the Thai domestic market or third
(64) To
conclude,
whereas
the
risk
for
trade
diversion
from
country markets would increase and thus absorb
the domestic market to the Union market is rather
increased production if the spare capacity of the Thai
limited due to the existence of own-brand sales on the
producers is used. In particular, the Thai domestic
former, there is a significant risk for trade diversion from
market is tiny, and on average only accounted for 1 %
sales to third countries to the Union market due to the
- 2 % of total sales of all sampled Thai producers. This
higher prices prevailing on the latter.
confirms that any additional production of sweet corn
will be exported outside Thailand.
(65) Several
interested
parties
argued
that
the
prices
on
the
3.2. Attractiveness of the Union market
Union market are comparably less attractive when
compared with prices in other countries such as Japan.
(59) When comparing the export prices of the product
Thus, the risk for trade diversion should measures be
concerned to the Union with the prices charged for the
repealed would be exaggerated.

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(66) It
is
recalled
that
sales
to
third
countries
are
treated
as
a
(74) Moreover,
the
available
spare
capacity
in
Thailand
and
group and the conclusion drawn in recital 63 is based on
the fact that prices in the Union market are considerably
prices to all third countries on average. It is fully
higher than on third country markets brings to the
acknowledged that, within this group to third countries,
conclusion that there is a risk of an increase in the
there are countries where export prices are higher, and
exports of the product concerned should measures be
there are other third countries which carry lower export
repealed.
prices. Obviously, the lower the export price, the higher
the risk for trade diversion should measures lapse.
(75) To conclude, there is a strong likelihood of the
continuation of dumping should measures be repealed.
(67) Moreover,
one
interested
party
argued
that
contractual
links with importers in third countries will not make
an easy switch between customers in different countries.
D. DEFINITION OF THE UNION INDUSTRY
(76) During
the
RIP,
the
like
product
was
manufactured
by
(68) While contractual links between exporting producers in
approximately 20 producers in the Union. The output of
Thailand and importers in various third countries may
those producers (established on the basis of the
exist and are upheld in the short term, there is no
information collected from the cooperating producers
evidence to suggest that those contractual obligations
and for the other Union producers on the data from
could not be phased out as to enable sales to markets
the review request) is therefore deemed to constitute
with higher prices such as the Union market.
the Union production within the meaning of Article 4(1)
of the basic Regulation.
(69) Finally,
interested
parties
claimed
that
exports
to
some
third countries such as South Korea cannot be compared,
(77) As
explained
in
recital
13,
due
to
the
large
number
of
as the product mix (e.g. size of cans) and sales conditions
Union producers, a sample was selected. For the purpose
(e.g. shipping terms) may be different.
of the injury analysis, the injury indicators have been
established at the following two levels:
(70) It is recalled that the outcome of the comparisons in
recitals 58, 59 and 60 are indicators of differences in
— the macroeconomic elements (production, capacity,
export prices to all third countries. The impact of any
sales volume, market share, growth, employment,
issue concerning Thai exports to a small number of
productivity, average unit prices and magnitude of
markets on the overall comparison is therefore by
dumping margins and recovery from the effects of
nature limited. In addition, since Thai export data is
past dumping) were assessed, at the level of the
recorded on an FOB basis, the impact of any difference
whole Union production, on the basis of the
in shipping terms or shipping cost is limited to the cost
information collected from the cooperating
of domestic freight inside Thailand and can therefore
producers and, for the other Union producers, an
only be insignificant.
estimate based on the data from the review request
was used.
(71) In
the absence of any evidence suggesting that the
average price to all third countries is not comparable
— the analysis of microeconomic elements (stocks,
with the export price to the Union, the conclusion
wages, profitability, return on investments, cash
drawn in recital 63 is valid.
flow, ability to raise capital and investments) was
carried out for the sampled Union producers on the
basis of their information.
4. Conclusion on the likelihood of continuation or
recurrence of dumping
(72) It
appears
likely
that,
should
the
measure
be
repealed,
the
E. SITUATION ON THE UNION MARKET
relatively higher price level on the Union market will
1. Union consumption
attract significant volumes of the product concerned

that are currently sold at lower prices to third countries.
(78) Union
consumption
was
established
on
the
basis
of
the
sales volumes of the Union industry’s own production
destined for the Union market, the import volumes data
on the Union market obtained from the 14.6 database
(73) The
exporting
producers
of
Thailand
have
continued
and, concerning the other Union producers, from
their dumping practised during the RIP.
information available from the request.

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(79) Throughout the period considered, the consumption in the Union has increased by 9 %. While from
2008 to 2009 it decreased by 5 %, in 2010 and in 2011 it increased respectively by 6 and 9
percentage points (i.e. compared to the previous year). Then it more or less stabilised during the RIP
at a level of around 350 000 tonnes.
2008 2009 2010 2011 RIP
Total Union consumption (tonnes) 318
413 301
594 320
027 351
279 347
533
Index (2008 = 100) 100 95 101 110 109
2. Imports from the country concerned
(a) Volume
(80) The volume of imports of the product concerned from the country concerned into the Union
decreased by 43 %, from around 38 000 tonnes in 2008 to around 22 000 tonnes in the RIP. It
decreased by 15 % in 2009, by a further 20 percentage points in 2010 and another 11 percentage
points in 2011, before slightly increasing again by 3 percentage points in the RIP.
2008 2009 2010 2011 RIP
Volume of imports from Thailand 38
443 32
616 24
941 20
710 21
856
Index (2008 = 100) 100 85 65 54 57
Market share of imports from Thailand (%) 12 11
8
6
6
Price imports from Thailand (EUR /tonne) 835 887 806 775 807
Index (2008 = 100) 100 106 96 93 97
Source: 14.6 database
(b) Market share
industry’s selling prices in the Union. To this end, the
Union industry’s ex-works prices net of all rebates and
(81) The
corresponding
market
share
held
by
Thai
exporters
taxes were compared with the CIF Union frontier prices
on the Union market in the country concerned gradually
of exporting producers of the country concerned, duly
decreased by around 50 % or 6 percentage points during
adjusted for conventional duties, unloading and customs
the period considered, from 12 % in 2008 to 6 % in the
clearance costs. The comparison showed that during the
RIP. In detail, the Thai market share decreased from 12 %
RIP the prices of the product concerned originating in
in 2008 to 11 % in 2009 to 8 % in 2010 and to 6 % in
the country concerned sold in the Union were overall
2011/RIP.
higher than the Union industry’s prices. Also, based on
import statistics (14.6 database), there was no under
cutting margin for any Thai imports into the Union
(c) Prices
(for both cooperating exporters as well as non-cooper
(i) P r i c e e v o l u t i o n
ators, regardless of the product mix).
(82) Between 2008 and the RIP, the average price of imports
of the product concerned originating in the country
concerned declined by 3 %, from EUR 835/tonne in
3. Situation of the Union industry
2008 to EUR 807/tonne in the RIP. Specifically, prices
increased by 6 % in 2008 before decreasing by 10
(84) Pursuant
to
Article
3(5)
of
the
basic
Regulation,
the
percentage points in 2010 and by a further 3 percentage
Commission examined all relevant economic factors
points in 2011. From 2011 to the RIP, those prices
and indices having a bearing on the state of the Union
increased again by 4 percentage points.
industry.
(ii) P r i c e u n d e r c u t t i n g
(85) This
market
is,
inter
alia,
characterised
by
two
sales
(83) A
price
comparison
for
similar
product
types
was
made
channels, i.e. sales under the producer’s own brand and
between the exporting producers’ and the Union
sales under retailer’s brand. Sales under the first channel,

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as compared to the second channel, will usually trigger
retailer’s brand accounted for around 70 % of the total
higher selling costs intended in particular for marketing
Union industry’s sales volume and around 60 % of their
and advertising, and will also command higher selling
sales value.
prices.
(87) Given that in the Union sweetcorn is only processed
during the summer months, a number of injury indi
(86) The
investigation
evidenced
that
all
imports
from
the
cators are virtually identical for 2011 and the RIP
cooperating Thai exporters pertained to the second
(1 April 2011 to 30 March 2012). This applies in
channel, i.e. the retailer’s brand channel. Therefore, it
particular to production and production capacity.
was considered appropriate to distinguish, in the injury
analysis, between the Union industry’s sales under its
own brand and under the retailer’s brand wherever
3.1. Macroeconomic elements
relevant, as dumped imports compete in the first place
with the Union industry’s like products sold under the
(a) P r o d u c t i o n
retailer’s brand. This distinction was made in particular
for the determination of sales volumes, sales prices and
(88) From
a
level
of
around
372
000
tonnes
in
2008,
the
profitability. However, for the sake of completeness,
Union industry’s production decreased by 8 % during
totals (including both own brand and retailer’s brand)
the period considered. Specifically, it declined by 25 %
are also shown and commented on in the tables below.
in 2009 and by 13 percentage points in 2010 and it
During the RIP, the Union industry’s sales under the
increased again by 31 percentage points in 2011/RIP.
2008 2009 2010 2011 RIP
Production (tonnes) 371
764 279
265 231
790 344
015 343
873
Index (2008 = 100) 100 75 62 93 92
(b) C a p a c i t y a n d c a p a c i t y u t i l i s a t i o n r a t e s
(89) Production capacity was around 488 000 tonnes in 2008, 2009 and 2010 and it decreased by 9 %
in 2011/RIP. The decrease was due to the fact that one of the sampled Union producers closed one
of its plants.
2008 2009 2010 2011 RIP
Production capacity (tonnes) 488
453 488
453 488
453 444
055 444
055
Index (2008 = 100) 100 100 100 91 91
Capacity utilisation (%) 76 57 47 77 77
Index (2008 = 100) 100 75 62 102 102
Source: Investigation
(90) Capacity utilisation was 76 % in 2008. It declined to 57 % in 2009 and further to 47 % in 2010
before picking up to 77 % in 2011/RIP. Over the whole period considered, capacity utilisation was
stable because the decreasing production was in line with the decreasing production capacity.
(c) S a l e s v o l u m e
(91) The sales of the Union industry of its production intended for the retailer’s brand on the Union
market to unrelated customers first decreased by 6 % in 2009, before increasing by 17 percentage
points in 2010 and further by 24 percentage points in 2011. From 2011 to the RIP, those sales
decreased again by 4 percentage points. Altogether, between 2008 and the RIP, those sales increased
by around 31 %.

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Official Journal of the European Union
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2008 2009 2010 2011 RIP
Union Sales volume (retailer’s brand) to 161 544 151
058 179
562 218
876 212
425
unrelated customers (tonnes)
Index (2008 = 100) 100 94 111 135 131
Union Sales volume (own and retailer’s 262 902 248
995 280
586 318
237 312
623
brand) to unrelated customers (tonnes)
Index (2008 = 100) 100 95 107 121 119
Source: Investigation
(92) The
total
(both
own
and
retailer’s
brand)
Union
industry’s
sales
of
its
production
on
the
Union
market to unrelated customers followed more or less a similar pattern, although less pronounced.
They first decreased by 5 % in 2009, before increasing by 12 percentage points in 2010 and further
by 14 percentage points in 2011. From 2011 to the RIP those sales decreased again by 2 percentage
points. Altogether, between 2008 and the RIP, those sales increased by around 19 %.
(d) M a r k e t s h a r e
(93) The market share held by the Union industry was 83 % in 2008 and 2009. It increased to 88 % in
2010 and to 91 % in 2011 before decreasing slightly to 90 % in the RIP. Altogether, the market
share held by the Union industry over the period considered increased by 7 percentage points.
2008 2009 2010 2011 RIP
Market share of the Union industry (own
83 83 88 91 90
and retailer’s brand) (%)
Index (2008 = 100) 100 100 106 110 109
Source: Investigation
(e) G r o w t h
(94) Between 2008 and the RIP, when the Union consumption increased by 9 %, the volume of sales
intended for the retailer’s brand of the Union industry on the Union market increased by 31 %, whilst
the volume of Union industry’s sales intended for both own and retailer’s brand on the Union’s
market increased by 19 %. Between 2008 and the RIP, the Union industry gained around 7
percentage points of market share, whereas dumped imports lost around 6 percentage points of
market share. It is thus concluded that the Union industry was able to benefit from a growing
market.
(f) E m p l o y m e n t
(95) The
employment
level
of
the
Union
industry
first
decreased
by
17
%
between
2008
and
2009,
then
declined by 5 percentage points in 2010 and increased by 11 percentage points in 2011/RIP. Overall,
employment of the Union industry declined by 11 % over the period considered, i.e. from around
2 300 persons to around 2 000 persons.
2008 2009 2010 2011 RIP
Employment (persons) 2
278 1
896 1
786 2
038 2
035
Index (2008 = 100) 100 83 78 89 89
Source: Investigation

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(g) P r o d u c t i v i t y
(96) Productivity
of
the
Union
industry’s
workforce,
measured
as
output
(tonnes)
per
person
employed
per
year, starting from a level of 163 tonnes per employee, first decreased by 10 % in 2009 and further
by 10 percentage points in 2010, subsequently increased by 23 percentage points in 2011 and by 1
percentage point in the RIP. Altogether, productivity of the Union industry increased by 4 % over the
period considered. This development reflects the fact that the drop in workforce was sharper than
that of production.
2008 2009 2010 2011 RIP
Productivity (tonne per employee) 163 147 130 169 169
Index (2008 = 100) 100 90 80 103 104
Source: Investigation
(h) F a c t o r s a f f e c t i n g s a l e s p r i c e s
(97) Unit
prices
for
Union
industry’s
sales
of
retailer’s
brand
products
to
unrelated
customers
increased
by
7 % in 2009 and decreased by 8 percentage points in 2010 and further by 5 percentage points in
2011. From 2011 to the RIP they increased by 3 percentage points. Altogether, those prices
decreased by 3 % over the period considered from a level of EUR 1 073/tonne to EUR 1 041/tonne
in the RIP.
2008 2009 2010 2011 RIP
Unit price in the Union market (retailer’s
1 073 1
152 1
057 1
008 1
041
brand) (EUR/tonne)
Index (2008 = 100) 100 107 99 94 97
Unit price in the Union market (own and
1 248 1
305 1
219 1
182 1
215
retailer’s brand) (EUR/tonne)
Index (2008 = 100) 100 105 98 95 97
Source: Investigation
(98) Total (both own and retailer’s brand) Union industry’s sales prices on the Union market to unrelated
customers followed more or less a similar pattern. They increased by 5 % in 2009 and decreased by 7
percentage points in 2010 and further by 3 percentage points in 2011. From 2011 to the RIP they
increased by 2 percentage points. Altogether, those prices decreased by 3 % over the period
considered from a level of EUR 1 248/tonne to EUR 1 215/tonne in the RIP.
(i) M a g n i t u d e o f d u m p i n g m a r g i n
(99) The investigation has established a continuation of dumping and the magnitude of the actual margins
of dumping (i.e. up to 44 %) cannot be considered to be negligible.
(j) R e c o v e r y f r o m p a s t d u m p i n g
(100) The macro-indicators examined above and the micro-indicators examined below show that, although
the anti-dumping measures have partially achieved their intended result of removing injury suffered
by the Union producers, the industry is still in a vulnerable and fragile situation. Indeed the
performance on the retailer-branded segment which is in direct competition with the Thai imports
is poor in terms of profitability. Sales prices of the Union industry in this market segment decreased
by 3 % over the period considered, whereas production costs increased by about 10 % over the same
period. Clearly, the Union industry has not been in a position to recover its costs which resulted in
significant losses. Given the importance of the retailer’s brand in the Union industry’s sweetcorn
business (representing 70 % of its total sales volume and 60 % of its total sales value) this has

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weighted on the overall profitability. Thus, no actual recovery from the past dumping could be
established and it is considered that the Union industry remains vulnerable to the injurious effects of
any dumped imports in the Union market.
3.2. Microeconomic elements
(a) S t o c k s
(101) The level of closing stocks of the Union industry has been continuously decreasing over the period
considered. It decreased by 2 % in 2009, by 27 percentage points in 2010, by 2 percentage points in
2011 and further by 24 percentage points during the RIP. However, it should be noted that the level
of inventories is not a meaningful indicator of injury for this particular industry. The high level of
inventories at the end of each year is linked to the fact that the harvest and the canning typically end
in October each year. Stocks are therefore goods awaiting dispatching during the period from
November to July.
2008 2009 2010 2011 RIP
Closing stock (tonnes) 193
834 189
741 136
703 133
884 88
108
Index (2008 = 100) 100 98 71 69 45
Source: Investigation
(b) W a g e s
(102) Between 2008 and the RIP, labour costs decreased by 7 %. Specifically, they decreased by 16 % in
2009, by a further 1 percentage point in 2010 and increased by 10 percentage points during
2011/RIP. The overall decrease over the period considered was driven by the decrease in
employment.
2008 2009 2010 2011 RIP
Annual labour cost (EUR) 34
343
788 28
850
250 28
370
188 31
952
596 31
923
505
Index (2008 = 100) 100 84 83 93 93
Source: Investigation
(c) P r o f i t a b i l i t y a n d r e t u r n o n i n v e s t m e n t s
(103) During the period considered, the profitability of the Union industry’s sales of products intended for
retailer’s brand, expressed as a percentage of net sales, declined from a profit of 5,6 % in 2008 to a
loss of 5,4 % in the RIP.
2008 2009 2010 2011 RIP
Profitability of Union (retailer’s brand) (% of net sales) 5,6 9,6 –
3,3 –
8,2 –
5,4
Index (2008 = 100) 100 169
– 59
– 145
– 95
Profitability of Union (own and retailer’s brand) (% of
8,5 10,8 0,7 –
0,5 1,6
net sales)
Index (2008 = 100) 100 127
8
– 6 19
ROI (own and retailer’s brand) (profit in % of the net
24,3 40,4 2,9 –
3,0 4,4
book value of investment)
Index (2008 = 100) 100 166 12
– 13 18
Source: Investigation

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(104) The profitability of the Union industry’s sales of products intended for both own brand and retailer’s
brand also declined from 8,5 % in 2008 to 1,6 % in the RIP. The decline is thus less steep than for
sales under retailer’s brand alone. The decrease in profitability is explained by the fact that sales prices
over the period considered decreased by 3 % whereas production costs (predominantly unprocessed
sweetcorn and cans) increased by 5 % over the same period. Clearly, the Union industry has not been
in a position to pass on the increased production cost to its customers.
(105) The return on investments (‘ROI’), expressed as the profit (for both own and retailer’s brand) as a
percentage of the net book value of investments, broadly followed the profitability trend. It declined
from a level of around 24,3 % in 2008 to 4,4 % in the RIP, thus decreasing by 82 % over the period
considered.
(d) C a s h f l o w a n d a b i l i t y t o r a i s e c a p i t a l
(106) The net cash flow from operating activities stood at around EUR 27 000 in 2008. It increased to
around EUR 23 million in 2009 and to around EUR 58 million in 2010 before decreasing again to
around EUR 8 million in 2011. From 2011 to the RIP it increased to around EUR 11 million. None
of the cooperating Union producers indicated that they experienced difficulties to raise capital.
2008 2009 2010 2011 RIP
Cash flow (own and retailer’s brand)
26 698 23
239
572 58
654
064 7
845
330 11
077
815
(EUR)
Index (2008 = 100) 100 87
047 219
698 29
386 41
494
Source: Investigation
(e) I n v e s t m e n t s
(107) The Union industry’s annual investments in the production of the like product increased by 45 %
from 2008 to 2009, decreased by 34 percentage points from 2009 to 2010, increased by 57
percentage points in 2011 and finally decreased by 4 percentage points from 2011 to the RIP.
All in all, over the period considered, investment increased by 64 %, which was intended for the
maintenance and renewal of existing equipment and not for capacity increase purposes.
2008 2009 2010 2011 RIP
Net investments (EUR) 6
590
078 9
545
749 7
329
354 11
093
136 10
802
751
Index (2008 = 100) 100 145 111 168 164
Source: Investigation
4. Conclusion on injury
an impact on consumption. As a result, the increased
Union production could not be entirely sold on the
(108) A number of indicators developed negatively between
Union market. This led to a reduced production level
2008 and the RIP. Return on investment declined,
and de-stocking in the following years but cannot
production volumes decreased by 8
%, production
explain fully the injury suffered.
capacity decreased by 9 %, and employment decreased
by 11 %. With respect to lower production levels, it is
noted that crop yields in 2008 was better than expected
and led to higher output for the Union industry in the
same year. During the same period, imports from
(109) The profitability of the Union industry’s sales of
Thailand (which are primarily invoiced in USD) became
sweetcorn (both own and retailer’s brand) decreased
more attractive because of a weaker USD. This increase
significantly over the period considered. The retailer-
in both Union and Thai sweetcorn supply coincided with
branded segment, where the Union industry has to face
the economic and financial crisis in the Union which had
competition from Thai imports, is clearly loss-making

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(profitability declined from a profit of more than 5 % in
(113) Several parties have commented that the Union industry
2008 to a loss of more than 5 % during the RIP). The
has recovered given that a number of indicators have
Union producers decreased their sales prices on the
improved and, in particular, in view of the Union
Union market by 3 % and managed to re-gain market
industry’s high market share and the negative under
share at the expense of their profitability. The industry
cutting.
needs the retailer-branded sales as there is no sufficient
demand for own brand and given that the retailer-
branded sales represent around 60 % of the total sales
value, the overall profitability decreased from 8,5 % to
1,6 % over the period considered.
(114) It is recognised that the injury picture of the Union
industry is mixed. The anti-dumping measures have
partially achieved their objective by removing some of
the injury suffered by the Union industry as a
(110) Some indicators suggest that thanks to the measures in
consequence of dumped imports from Thailand.
place the industry regained its position. The volume of
However, on balance, in particular taking into account
Thai imports and their corresponding market share
the low and decreasing profitability, the situation of the
nearly halved, from 12 % in 2008 to only 6 % in the
Union industry is still fragile.
RIP. The Union industry’s market share increased from
83 % in 2008 to 90 % in the RIP. Moreover, during the
RIP, the average prices of the Thai imports did not
undercut those of the Union industry, but at the same
time they have prevented the Union industry from
(115) Negative undercutting and a strong market share of the
passing on cost increases to customers. Also other indi
Union industry do not automatically point to lack of
cators marked positive development. Capacity utilisation
injury. The situation of continued dumped imports
increased by 2 % over the period considered and was
from Thailand (with dumping margins of up to 44 %)
rather high at 77 % during the RIP. The volume of the
has resulted in price suppression on the Union market.
Union industry’s retailer-branded sales, which are in
The Union industry, in an attempt to regain lost market
direct competition with Thai imports, increased by
share, has kept prices down which has resulted in a
31 % and total sales for both segments combined
deterioration of profitability.
increased by 19 %. Investment increased by 64 %.
Those factors suggest that the industry was able to
recover. However, it was not able to reach satisfactory
profitability levels to maintain a substantial market share
on a market where only the Union industry and Thai
(116) One interested party claimed that the injury assessment
imports compete (imports from other third countries are
should be based on the Union industry’s overall
dispersed and insignificant).
performance and not on the performance of one
segment of the market.
(111) The competition situation on the Union market is indeed
delicate. On the one hand, for one part of the market –
(117) In line with the original investigation, the injury
the own-branded segment – the Union industry does not
assessment has been based on the Union industry’s
face outside competition. The negotiating power of brand
overall performance (own brand + retailer’s brand) as
owners vis-à-vis retailers is strong. Indeed, they are price-
well as, for a number of injury indicators (profitability,
setters. The market is also consolidated with the four
sales volume and sales prices) on the retailer’s brand.
sampled producers holding 54 % of the market share.
There are no changed circumstances which would
On the other hand, the retailers have the upper hand
justify a deviation from this methodology, which
in the segment of private brands. Due to outside
remains valid for assessing the situation of the Union
competition and competition within the Union, prices
industry. As mentioned in recitals 84 and 85, the
are constantly under pressure. As a result, it is more
sweetcorn market is still characterised by two sales
difficult for Union producers to pass on production
channels and all imports from the cooperating Thai
cost increases (predominantly sweetcorn or cans) to
exporters pertained to the retailer’s brand channel. In
their customers (production costs of the Union industry
addition, even if only the Union industry’s overall
have increased by 5 % over the period considered) due to
performance were taken into account, in view of the
the price pressure exercised by Thai imports.
low and decreasing profitability, it would not alter the
conclusion that the Union industry is in a fragile situ
ation. Based on the above considerations, the claim is
rejected.
(112) Clearly, the Union industry has been able to increase its
market share by favouring volumes over prices. However,
it cannot be ignored that for a majority of its sweetcorn
business (the retailer’s brand) it has not been able to
recover its costs. Therefore, it can be concluded that
(118) Two interested parties claimed that the inability of the
the situation of the Union industry is still vulnerable
Union industry may well result from competition within
and fragile.
the Union.

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(119) However, the situation on the Union market with regard
(124) Although the likelihood of recurrence of injury is a pros
to competition is not fundamentally different from the
pective assessment, it is based on the facts mentioned in
situation in the period considered in the original investi
recital 121. Therefore, the claim is rejected.
gation (two sales channels, around 20 Union producers).
Nevertheless, in 2002, before Thai exports started to
enter the Union market at dumped prices, the Union
industry achieved a profit level of more than 20 %
overall (own brand + retailer’s brand) and 17 % on the
retailer’s brand. This demonstrates that competition in
G. UNION INTEREST
the Union is not preventing the Union industry from
(125) In accordance with Article 21 of the basic Regulation it
achieving healthy profit margins. It is rather the
was examined whether the maintenance of the existing
continued presence of dumped imports and the
anti-dumping measures would be against the interest of
resulting price suppression that prevents the Union
the Union as a whole. The determination of the Union
industry from increasing its prices.
interest was based on an appreciation of all the various
interests involved. All interested parties were given the
opportunity to make their views known pursuant of
Article 21(2) of the basic Regulation.
F. LIKELIHOOD OF RECURRENCE OF INJURY
(120) On the basis of the above-mentioned trends, it appears
that the anti-dumping measures have partially achieved
their intended result of removing injury suffered by the
1. Interest of the Union industry
Union producers. On the other hand, as evidenced by the
negative development of a number of injury indicators,
(126) As mentioned above, the Union industry is still in a
the industry is still in a vulnerable and fragile situation.
somewhat fragile and vulnerable situation. It would use
the relief of a continuation of the measures to increase its
sales prices (in particular for the retailer’s brand) in order
to recover its increased production costs. This would
allow the industry to improve its financial situation.
(121) As mentioned above, Thai exporters do have the spare
capacity to increase their exports very rapidly. In
addition, Thai trade statistics confirm that Thailand has
exported around 140 000 tonnes to third countries in
2011, which is about 7 times the Thai export volume to
the Union. Given the more lucrative prices on the Union
2. Interest of the retailers and consumers
market compared to some third country markets, it is
likely that significant quantities currently exported to
(127) Cooperation has been sought from more than 40
those countries will be re-directed to the Union market
importers/retailers and two consumer/trading organi
in the event of the anti-dumping measures being allowed
sations. Only one retailer has cooperated. Its imports
to lapse. Such an abrupt development was already
represented a small fraction of the total imports from
observed in the original investigation, when the market
Thailand during the RIP. The share of its sweetcorn-
share of Union imports from Thailand nearly doubled in
related turnover was negligible compared to its total
only three years, i.e. from 6,8 % in 2002 to 12,7 % in
turnover. In addition, the re-sales of sweetcorn
2005.
generated a very high profit during the RIP. Those
factors suggest that retailers would not be dispropor
tionately affected, even if measures were to be extended.
(122) Therefore, on the basis of the above, it can be concluded
that there is a likelihood of recurrence of injury in the
event of the measures being repealed.
(128) At the same time, a number of trade associations made
submissions and attended a hearing. They claim that anti-
dumping measures should be discontinued due to the
low and decreasing market share of Thai imports
coinciding with the high and increasing market share
(123) Several interested parties have expressed doubts about
of the Union industry.
the conclusion of likelihood of recurrence of injury. It
is claimed in particular that a 5 % price difference
between the Union and third country markets is too
small to re-direct sweetcorn exports to the Union
market. This argument is already addressed in recital
61. In addition, it is claimed that sweetcorn is not a
(129) As far as consumers are concerned, the average spending
commodity which could easily be switched between
in sweetcorn per household is very limited, up to EUR 5
markets. This argument has however not been
per year. Taking into account the moderate level of the
substantiated, and does not correspond to the findings
current measures, the effects of the continued imposition
of this investigation.
of measures would likely be negligible for consumers.

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L 244/16
EN
Official Journal of the European Union
13.9.2013
(130) In light of the above and given the overall low degree of
(136) It follows from the above that, as provided for by
cooperation, it is therefore considered that the situation
Article 11(2) of the basic Regulation, the anti-dumping
of retailers and of consumers in the Union is unlikely to
measures applicable to imports of certain prepared or
be substantially affected by the proposed measures.
preserved sweetcorn in kernels originating in Thailand
should be maintained. It is recalled that those measures
consist of an ad valorem duty at different rates.
3. Risk of supply shortages/competition on the
Union market
(137) The individual company anti-dumping duty rates
(131) It should first be recalled that the aim of anti-dumping
specified in this Regulation are solely applicable to
measures is not to stop access into the Union for imports
imports of the product concerned produced by those
on which the measures are imposed, but to eliminate the
companies and thus by the specific legal entities
impact of distorted market conditions arising from the
mentioned. Imports of the product concerned manu
continued presence of dumped imports.
factured by any other company not specifically
mentioned in the operative part of this Regulation with
its name and address, including entities related to those
specifically mentioned, cannot benefit from those rates
(132) The consumption in the Union increased by 9 % during
and shall be subject to the duty rate applicable to ‘all
the RIP, reaching around 350 000 tonnes. The Union
other companies’.
industry’s capacity has continuously exceeded Union’s
demand over the period considered, reaching a level of
around 440 000 tonnes in the RIP. There is sufficient
competition between Union producers. Operating at a
(138) Any claim requesting the application of those individual
capacity utilisation rate of 77 % during the RIP, it
anti-dumping duty rates (e.g. following a change in the
appears that the Union industry has the spare capacity
name of the entity or following the setting up of new
to increase its production further in the event of
production or sales entities) should be addressed to the
increased demand. Imports from other third countries,
Commission (
in particular the United States and the People’s

1 ) forthwith with all relevant information,
in particular any modification in the company’s activities
Republic of China, can also satisfy part of the demand.
linked to production, domestic and export sales
As mentioned above, it should be pointed out that the
associated with, for instance, that name change or that
anti-dumping measures are not intended to stop the
change in the production and sales entities. If appro
imports from Thailand into the Union. Taking into
priate, the Regulation will then be amended accordingly
account the low level of the measures, it is expected
by updating the list of companies benefiting from indi
that the Thai imports will continue to account for a
vidual duty rates,
certain share on the Union market.
(133) Given the above considerations, it cannot be concluded
HAS ADOPTED THIS REGULATION:
that maintaining the anti-dumping measures would likely
result in a shortage of supply on the Union market or a
restriction of competition on the Union market.
Article 1
1. A
definitive
anti-dumping
duty
is
hereby
imposed
on
imports of sweetcorn (Zea mays var. saccharata) in kernels,
4. Conclusion on Union interest
prepared or preserved by vinegar or acetic acid, not frozen,
(134) Based on the above, it appears that the negative effects of
currently falling within CN code ex 2001 90 30 (TARIC code
continuation of measures would be limited and in any
2001 90 30 10) and sweetcorn (Zea mays var. saccharata) in
case not disproportionate to the benefits of the prolon
kernels prepared or preserved otherwise than by vinegar or
gation of measures for the Union industry.
acetic acid, not frozen, other than products of heading 2006,
currently falling within CN code ex 2005 80 00 (TARIC code
2005 80 00 10), originating in Thailand.
H. ANTI-DUMPING MEASURES
(135) All parties were informed of the essential facts and
2. The
rate
of
the
definitive
anti-dumping
duty
applicable
to
considerations on the basis of which it was intended to
the net, free-at-Union-frontier price, before duty, of the products
recommend that the existing measures be maintained.
described in paragraph 1 and produced by the companies below
They were also granted a period to submit comments
shall be as follows:
subsequent to that disclosure. The submissions and
comments were duly taken into consideration where
( 1 ) European Commission, Directorate-General for Trade, Directorate H,
warranted.
B-1049 Brussels, Belgium.

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EN
13.9.2013 Official
Journal
of
the
European
Union L
244/17
TARIC
Article 2
Company
Anti-Dumping
duty (%)
additional
code
Article 1(2) may be amended by adding the new exporting
producer to the cooperating companies not included in the
Karn Corn Co Ltd, 68 Moo 7 Tambol
3,1 A789
sample and thus subject to the weighted average duty rate of
Saentor, Thamaka, Kanchanaburi 71130,
12,9 % where any new exporting producer in Thailand provides
Thailand
sufficient evidence to the Commission that:
Kuiburi Fruit Canning Co., Ltd, 236 Krung
14,3 A890
Thon Muang Kaew Building, Sirindhorn
Rd., Bangplad, Bangkok 10700, Thailand
(a) it did not export to the Union the product described in
Article 1(1) during the review investigation period
Malee Sampran Public Co., Ltd, Abico
12,8 A790
(1 April 2011 to 30 March 2012);
Bldg. 401/1 Phaholyothin Rd.,
Lumlookka, Pathumthani 12130, Thailand
River Kwai International Food Industry
12,8 A791
(b) it is not related to any of the exporters or producers in
Co., Ltd, 52 Thaniya Plaza, 21st Floor,
Thailand which are subject to the measures imposed by
Silom Rd., Bangrak, Bangkok 10500,
this Regulation; and
Thailand
Sun Sweet Co., Ltd, 9 M. 1, Sanpatong,
11,1 A792
Chiang Mai 50120, Thailand
(c) it has actually exported to the Union the product concerned
after the review investigation period or it has entered into
Cooperating manufacturers listed in
12,9 A793
an irrevocable contractual obligation to export a significant
Annex
quantity to the Union.
All other companies 14,3 A999
Article 3
3. Unless
otherwise
specified,
the
provisions
in
force This Regulation shall enter into force on the day following that
concerning customs duties shall apply.
of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 September 2013.
For the Council
The President
L. LINKEVIIUS

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L 244/18
EN
Official Journal of the European Union
13.9.2013
ANNEX
List of the cooperating manufacturers referred to in Article 1(2) under TARIC additional code A793
Name Address
Agro-On (Thailand) Co., Ltd 50/499-500
Moo
6
Baan
Mai,
Pakkret,
Monthaburi
11120,
Thailand
B.N.H. Canning Co., Ltd 425/6-7
Sathorn
Place
Bldg.,
Klongtonnesai,
Kongsan
Bangkok 10600, Thailand
Boonsith Enterprise Co., Ltd
7/4 M.2, Soi Chomthong 13, Chomthong Rd., Chomthong,
Bangkok 10150, Thailand
Erawan Food Public Company Limited Panjathani
Tower
16th
floor,
127/21
Nonsee
Rd.,
Chongnonsee, Yannawa, Bangkok 10120, Thailand
Great Oriental Food Products Co., Ltd 888/127
Panuch
Village
Soi
Thanaphol
2,
Samsen-Nok,
Huaykwang, Bangkok 10310, Thailand
Lampang Food Products Co., Ltd 22K
Building,
Soi
Sukhumvit
35,
Klongton
Nua,
Wattana,
Bangkok 10110, Thailand
O.V. International Import-Export Co., Ltd 121/320
Soi
Ekachai
66/6,
Bangborn,
Bangkok
10500,
Thailand
Pan Inter Foods Co., Ltd 400
Sunphavuth
Rd,
Bangna,
Bangkok
10260,
Thailand
Siam Food Products Public Co., Ltd 3195/14
Rama
IV
Road,
Vibulthani
Tower
1,
9th
Fl.,
Klong
Toey, Bangkok, 10110 Thailand
Viriyah Food Processing Co., Ltd 100/48
Vongvanij
B
Bldg,
18th
Fl,
Praram
9
Rd.,
Huay
Kwang, Bangkok 10310 Thailand
Vita Food Factory (1989) Ltd 89
Arunammarin
Rd.,
Banyikhan,
Bangplad,
Bangkok
10700, Thailand

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