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19.8.2011 Official
Journal
of
the
European
Union L
214/1
II
(Non-legislative acts)
REGULATIONS
COUNCIL IMPLEMENTING REGULATION (EU) No 831/2011
of 16 August 2011
imposing a definitive anti-dumping duty on imports of barium carbonate originating in the People’s
Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EC)
No 1225/2009
THE COUNCIL OF THE EUROPEAN UNION,
sole producer of barium carbonate in the European
Union, representing 100 % of the total Union production
of barium carbonate. The request was based on the
Having regard to the Treaty on the Functioning of the European
grounds that the expiry of the measures would be
Union,
likely to result in a continuation of dumping and
continuation of injury to the Union industry.
Having regard to Council Regulation (EC) No 1225/2009 of
30 November 2009 on protection against dumped imports
from countries not members of the European Community ( 1 )
(‘the basic Regulation’) and in particular Articles 9(4) and 11(2),
(4) Having
determined,
after
consultation
of
the
Advisory
(5) and (6) thereof,
Committee, that sufficient evidence existed for the
initiation of an expiry review pursuant to Article 11(2)
of the basic Regulation, the Commission published a
Having regard to the proposal submitted by the European
notice of initiation in the Official Journal of the European
Commission (‘Commission’), after consulting the Advisory
Union ( 4 ) (‘notice of initiation’).
Committee,
Whereas:
3. Investigation
3.1. Review investigation period and period considered
A.

PROCEDURE
1. Measures in force
(5) The
investigation
regarding
the
continuation
or

recurrence of dumping and injury covered the period
(1) By
Regulation
(EC)
No
1175/2005
(
from 1 July 2009 to 30 June 2010 (‘Review investigation

2 ) the Council,
imposed a definitive anti-dumping duty on imports of
period’ or ‘RIP’).
barium carbonate originating in the People’s Republic
of China (‘PRC’). The rate of the definitive specific duty
ranged from EUR 6,3 to EUR 56,4 per tonne.
(6) The
examination
of
the
trends
relevant
for
the
assessment of a likelihood of a continuation of injury
2. Request for an expiry review
covered the period from 1 January 2007 up to the end
of the RIP (‘period considered’).
(2) Following
the
publication,
in
March
2010,
of
a
notice
of
impending expiry of the anti-dumping measures
applicable to imports of barium carbonate originating
in the PRC ( 3 ), the Commission received on 19 April
2010 a request for an expiry review pursuant to
3.2. Parties concerned by the investigation
Article 11(2) of the basic Regulation.
(7) The
Commission
officially
advised
the
applicant,
the
exporting producers in the PRC, importers/traders, users
(3) The
expiry
review
request
was
lodged
by
Solvay
&
CPC
in the Union known to be concerned and their
Barium Strontium GmbH & Co. KG (‘the applicant’), the
associations, producers in the analogue country as well
as the authorities of the PRC of the initiation of the
review.
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 2 ) OJ L 189, 21.7.2005, p. 15.
( 3 ) OJ C 78, 27.3.2010, p. 4.
( 4 ) OJ C 192, 16.7.2010, p. 4.

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Official Journal of the European Union
19.8.2011
(8) The
Commission
also
gave
interested
parties
the
oppor
(c) Producer in the analogue country (India)
tunity to make their views known in writing and to
request a hearing within the time limit set out in the
notice of initiation. All interested parties, who so
— Solvay Vishnu Barium Private Limited, Hyderabad
requested and showed that there were particular
reasons why they should be heard, were granted a
(d) Importers
hearing.
— Norkem Limited, Knutsford, United Kingdom
(9) In view of the apparently large number of Chinese
exporting producers listed in the request, sampling was
envisaged in the notice of initiation for the determination
— L’Aprochimide Srl, Muggio, Italy
of dumping and the likelihood of continuation of
dumping, in accordance with Article 17 of the basic
(e) Users
Regulation.
— Technische Glaswerke Ilmenau GmbH, Ilmenau,
(10) In order to enable the Commission to decide whether
Germany
sampling would be necessary and, if so, to select a
sample, all exporting producers were asked to make
themselves known to the Commission and to provide,
B. PRODUCT CONCERNED AND LIKE PRODUCT
as specified in the notice of initiation, basic information
on their activities related to the product concerned
1. Product concerned
during the period 1 July 2009 to 30 June 2010.
(15) The
product concerned is the same as that in the
previous investigation and is defined as follows: barium
(11) The Commission received replies from only three
carbonate with a strontium content of more than 0,07 %
companies or company groups in the PRC and
by weight and a sulphur content of more than 0,0015 %
therefore it was decided that sampling was not
by weight, whether in powder, pressed granular or
necessary in respect of Chinese exporting producers.
calcined granular form, originating in the PRC,
currently falling within CN code ex 2836 60 00.
(12) The
Commission
sent
questionnaires
to
all
parties
known
to be concerned and to those who requested a ques
(16) Barium carbonate is used primarily in the brick and tile
tionnaire within the time limit set out in the notice of
industry, the ceramics sector and in the production of
initiation.
ferrite. It was previously used in the production of
cathode ray television tubes (CRT) but this application
has disappeared in the Union following their replacement
(13) Replies
to the
questionnaire
were
received
from the
by LCD- and plasma-screens.
applicant and its related agent, nine users, four importers,
two exporting producers in the PRC and two producers
in possible analogue countries. One of the Chinese
2. Like product
exporting producers that replied to the sampling
exercise decided not to cooperate further in the
(17) As in the original investigation, this procedure has shown
proceeding.
that barium carbonate produced in the PRC and exported
to the Union, as well as the barium carbonate produced
and sold on the domestic market of the analogue country
(14) The
Commission
sought
and
verified
all
the
information
(India) and that manufactured and sold in the Union by
it deemed necessary for the purpose of the determination
the applicant have the same basic physical and chemical
of the likelihood of continuation of dumping and injury
characteristics and the same basic uses.
and for the determination of the Union interest. Verifi
cation visits were carried out at the premises of the
following companies:
(18) Therefore these products are considered to be like
products within the meaning of Article 1(4) of the
basic Regulation.
(a) Applicant
C. DUMPING
— Solvay & CPC Barium Strontium GmbH & Co.
KG, Hannover and its related company Solvay
(19) In
accordance
with
Article
11(2)
of
the
basic
Regulation,
Bario e Derivati SpA, Massa
it was examined whether the expiry of the existing
measures would be likely to lead to a continuation of
(b) Exporting producers in the PRC
dumping.
— Zaozhuang Yongli Chemical Co., Ltd, Shangdong
1. General
Province
(20) Of
the
16
known
Chinese
exporting
producers
contacted
at the initiation of the expiry review, three replied to the
— Guizhou Red Star Developing Import & Export
sampling exercise but only two fully cooperated with the
Co., Ltd, Guizhou Province
Commission by replying to a full questionnaire.

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EN
19.8.2011 Official
Journal
of
the
European
Union L
214/3
2. Analogue country
basis of the information received from the cooperating
producer in the analogue country.
(21) Since
the PRC is an economy in transition and in
accordance with Article 2(7)(a) of the basic Regulation,
normal value for exporting producers not granted market
economy treatment (‘MET’) has to be determined on the
basis of the price or constructed value in an appropriate
(26) It
was
first
established
whether
the
total
domestic
sales
of
market economy third country (‘analogue country’).
the like product to independent customers were repre
sentative in accordance with Article 2(2) of the basic
Regulation, i.e. whether they accounted for 5 % or
more of the total sales volume of the product
concerned exported to the Union. The domestic sales
(22) The
USA
was
used
as
analogue
country
in
the
original
of the cooperating producer in India were considered
investigation and proposed in the present investigation
sufficiently representative during the RIP.
for the purposes of establishing normal value. However,
it was considered necessary to verify if this country was
still appropriate for the present expiry review. Letters
were sent to all known producers of barium carbonate
(27) The
Commission subsequently
examined
whether
the
worldwide, i.e. in Brazil, India, Japan and the USA. Two
domestic sales of the like product could be regarded as
replies were received, one from a producer in the USA
being sold in the ordinary course of trade pursuant to
and another from a producer in India.
Article 2(4) of the basic Regulation. This was done by
establishing for the like product sold on the Indian
market the proportion of profitable domestic sales to
independent customers during the RIP. Since there were
no profitable sales of the like product during the RIP, the
(23) After a careful analysis of criteria such as total
normal value had to be constructed. The normal value
production, number of producers, competition in the
was based on the total cost of manufacturing of the
market, total imports, anti-dumping duties and customs
producer concerned plus a reasonable amount for SGA
duties in both the American and the Indian domestic
costs and a reasonable amount of profit in accordance
markets it was decided to select India as analogue
with Article 2(6)(c) of the basic Regulation. The SGA
country. The choice of India, in accordance with
costs and the profit added to the manufacturing costs
Article 2(7) of the basic Regulation, was considered to
of the like product used were in line with those used
be more appropriate than USA due to its bigger market
in the original investigation and amounted to 10,6 % for
size, the larger volumes of imports and the stronger
SGA costs and 7,2 % for profit. No information was
competition in its domestic market for this product.
provided showing that these amounts would not be
No comments or objections were received from any
reasonable nor that the profit level used would exceed
interested party in that respect. As a result, the normal
the profit normally realised by other exporters or
value for exporting producers not granted MET was
producers on sales of products of the same general
based on the data provided by the producer in India.
category in the domestic market of the country of origin.
3. Dumping of imports during the RIP
3.2. Export price
3.1. Normal value
(28) All export sales to the Union of the cooperating
exporting producers concerned were made directly to
(24) For the company granted MET in the original investi
independent customers in the Union and therefore, the
gation, in accordance with Article 2(2) of the basic Regu
export price was established in accordance with
lation, the Commission examined whether the domestic
Article 2(8) of the basic Regulation on the basis of the
sales of barium carbonate to independent customers were
prices actually paid or payable.
representative during the RIP, i.e. whether the total
volume of such sales represented at least 5 % of their
export sales of the product concerned to the Union.
The investigation showed that these sales were not repre
sentative and therefore the normal value had to be
3.3. Comparison
constructed. The established normal value was based on
(29) The
comparison
between
normal
value
and
export
price
the total cost of manufacturing plus the company’s
was made on an ex-works basis.
selling, general and administrative costs (‘SGA costs’)
and profit achieved on domestic sales made in the
ordinary course of trade of the like product.
(30) For
the
purposes
of
ensuring
a
fair
comparison
between
the normal value and the export price, and in accordance
with Article 2(10) of the basic Regulation, due allowance
(25) For the company that was not granted MET in the
in the form of adjustments was made with regard to
original investigation, pursuant to Article 2(7)(a) of the
certain differences in transport and commissions, which
basic Regulation, normal value was established on the
affected prices and price comparability.

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Official Journal of the European Union
19.8.2011
3.4. Dumping margin
significant spare production capacity in PRC and the
dumping practices in several markets, should the
(31) In
accordance
with
Article
2(11)
of
the
basic
Regulation,
measures be repealed, additional volumes would be
the dumping margin was established on the basis of a
directed to the Union market.
comparison of the weighted average normal value with
the weighted average export prices at the same level of
trade.
(38) The
fact that,
despite
the existence
of anti-dumping
measures on Chinese imports, the Chinese exporting
producers have managed to export significant quantities
(32) For the company that was granted MET in the original
to the Union in the RIP (at an average price of EUR 251
investigation this comparison showed that the company
per tonne) and to increase their market share in the
continued dumping at an even higher level.
Union, shows the continued interest of the Chinese
exporters in the Union market.
(33) For the company that was not granted MET in the
(39) It is even more clear on the basis of the Chinese export
original investigation the comparison conducted in
statistics that the Union is an attractive market for the
accordance with Article 2(11) of the basic Regulation
Chinese exporting producers since they achieved some of
showed significant dumping. This company represents
their highest export prices (albeit dumped) when
98 % of exports subject to the residual duty, the
exporting to the Union. According to the Chinese
remaining 2 % of exporting producers that did not
export statistics the average selling price to the Union
cooperate in the proceeding cannot influence the
during the RIP was 269 USD FOB while the average
dumping margin found. In addition in view of their
export price to India was 220 USD.
non-cooperation it is considered that they cannot
dump at a lower level than the cooperating company.
(40) The
Chinese
export
statistics
showed
that
despite
the
end
of the main application for barium carbonate (CRT’s
D. LIKELIHOOD OF CONTINUATION OF DUMPING
production) Chinese exports have increased worldwide
from 130 000 tonnes in 2009 to 158 000 tonnes in
(34) In
accordance
with
Article
11(2)
of
the
basic
Regulation,
2010.
it was examined whether it was likely that dumping
would continue should measures be repealed.
(41) Should
measures
be
repealed,
it
is
expected
that,
in
view
of the huge spare production capacity in PRC, Chinese
(35) With regard to the likelihood of continuation of
exports will very likely be directed to the Union. The fact
dumping the development of production and production
that major markets around the world like the USA, India
capacity in the PRC was examined as well as the likely
and Brazil are protected by high anti-dumping duties
development of export sales to the Union and to other
supports this conclusion.
third country markets.
(42) The
prices
of
these
imports
would
likely
continue
to
be
at dumped prices as there is no indication that the
(36) According to the complaint, the PRC is by far the biggest
exporters would change their pricing behaviour if
producer worldwide of barium carbonate. In addition the
measures were to be repealed.
PRC is also the biggest producer of Barite which is the
main raw material for the production of the product
concerned. The two cooperating companies alone have
a production capacity of 331 000 tonnes per year which
is around three times the Union’s consumption in the
(43) It
is
therefore
concluded
that
there
is
a
likelihood
of
RIP. In addition these two companies have a total spare
continuation of dumping.
capacity of 34 000 tonnes which is enough to supply
half of the Union’s consumption.
E. DEFINITION OF THE UNION INDUSTRY
(44) The
sole cooperating Union producer accounted for
(37) Three of the major worldwide producers of barium
100 % of the Union production of barium carbonate
carbonate (the USA, India and Brazil) currently have
during the RIP. It is therefore deemed to constitute the
anti-dumping measures on Chinese imports of the
Union industry within the meaning of Article 4(1) and
product concerned. It can be concluded that given the
Article 5(4) of the basic Regulation.

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EN
19.8.2011 Official
Journal
of
the
European
Union L
214/5
F. SITUATION OF THE UNION MARKET
(48) Average
import
prices
from
the
PRC
increased
by
9
%
over the period considered. The highest increase in prices
1. Union consumption
occurred between 2007 and 2008 as prices dropped in
2009 before increasing again in the RIP.
Table 1
Union consumption
2007 2008 2009 RIP
(49) The Union industry’s average ex-works price was
compared with the Chinese CIF average import prices
Consumption
123 354 104
037 62
637 76
560
at the Union frontier. These prices were derived from
(in tonnes)
Eurostat figures and included post-importation costs,
customs and anti-dumping duties. The comparison
Index 100 84 51 62
showed that Chinese import prices undercut the Union
industry’s sales price by 37,9 % during the RIP. Based on
Source: Verified questionnaire replies of the Union industry and Eurostat
the above it was found that if measures had not been in
statistics.
place Chinese import prices would have undercut those
of the Union industry by 44,1 %.
(45) Union
consumption
was
based
on
the
combined
volume
of sales by the Union industry in the Union and the
volume of imports from third countries, based on
Eurostat data.
3. Volume and market share of imports from other
third countries
(50) Total
import
volumes
of
barium
carbonate
from
third
countries other than the PRC were insignificant and
(46) On
this
basis
and
as
shown
in
Table
1
above,
Union
represented less than 1 % of the Union consumption
consumption decreased significantly during the period
over the period considered.
considered, i.e. by 38 % which is mainly explained by
the disappearance of the CRT manufacturing activity in
the Union.
(51) It
should
be
noted
that
import
prices
from
other
third
countries did not undercut Union prices in the RIP.
2. Volume, market share and prices of imports from
the PRC
4. Economic situation of the Union industry
Table 2
4.1. Production, production capacity and capacity utilisation
Imports from the PRC in volume, market share and import
price
(52) It
should
be
noted
that
since
the
Union
industry
consists
in only one producer, data pertaining to production,
capacity and utilisation had to be reported in the form
2007 2008 2009 RIP
of indexes.
Import volume 76 306 64
573 37
341 48
720
(tonne)
Index 100 85 49 64
Table 3
Market share 61,9
% 62,1
% 59,6
% 63,6
%
Union production, production capacity and capacity
utilisation
Index 100 100 96 103
Index 2007 2008 2009 RIP
CIF import price
230 257 239 251
EUR per tonne
Production 100 79 36 47
Index 100 112 104 109
Production
100 100 100 100
capacity
Source: Eurostat statistics.
Capacity utili
100 79 36 47
(47) During the period considered the import volumes from
sation
the PRC decreased by 36 % while consumption in the
Union decreased by 38 %. Despite the anti-dumping
Source: Verified questionnaire replies of the Union industry.
measures in place, and against the background of
decreasing consumption, the Chinese market share
(53) The
Union
industry’s
production
decreased
by
53
%
over
increased by three percentage points over the period
the period considered. It should be noted that the Union
considered.
industry has adapted its production model since 2003 in

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Official Journal of the European Union
19.8.2011
order to adequately meet the new market situation and
4.4. Market share and growth
the disappearance of the CRT-screen activity in the
Union. As a consequence, production capacity was
Table 6
reduced by more than 50 % as the product under
review is now produced in alternating campaigns on
Union industry’s market share
the same equipment as strontium carbonate.
2007 2008 2009 RIP
Index 100 100 105 95
Source: Verified questionnaire replies of the Union industry, adjusted
(54) The
production
capacity
of
the
Union
industry
remained
Eurostat statistics.
unchanged over the period considered. Capacity utili
sation thus developed similarly to production volumes.
(57) The
Union
industry’s
market
share
increased
by
5
%
in
2009 before dropping significantly by 10 % in the RIP.
This indicates that in the absence of growth on the
4.2. Inventories
market, the Union industry could not maintain its
market share.
Table 4
4.5. Employment, wages and productivity
Inventories
Table 7
2007 2008 2009 RIP
Employment, wages and productivity
Index 100 97 41 41
2007 2008 2009 RIP
Source: Verified questionnaire replies of the Union industry.
Employment
100 87 55 57
(index)
(55) Stocks decreased by 59 % during the period considered.
Wages
100 108 106 113
This decrease is due to reduced demand and the ability
(EUR/employee;
for the Union industry to adapt to the new market
index)
situation.
Productivity
100 91 65 82
(index)
Source: Verified questionnaire replies of the Union industry.
4.3. Sales volume and prices
Table 5
(58) Employment decreased significantly over the period
Sales volumes, values and unit selling price
considered as a consequence of the economic
downturn and the new market situation. Average wages
2007 2008 2009 RIP
increased by 13 % as a consequence of high inflation rate
which directly impacted salary indexation. Productivity
decreased by 18 % during the same period as a result
Sales in volume
100 84 53 59
(index)
of the decrease in production volume which could not
be compensated by the headcount reduction.
4.6. Profitability
Sales in value 100 92 66 73
(index)
Table 8
Profitability
Unit selling 100 109 124 123
price (index)
2007 2008 2009 RIP
Source: Verified questionnaire replies of the Union industry.
Index –
100 –
192 –
351 –
206
(56) The
Union
industry
sales
volume
decreased
by
41
%
over
Source: Verified questionnaire replies of the Union industry.
the period considered. The major decrease took place in
2009 due to the general economic downturn. Thus the
(59) The
profitability
of
the
Union
industry
decreased
by
Union industry sales volume decreased proportionally
more than 106 % over the period considered as a conse
more than the Union consumption in the same period.
quence of the economic downturn and the disappearance
Sales value decreased less significantly than volume as the
of the CRT-screen application which both affected sales
Union industry managed to increase its price levels over
volumes and costs of production. The industry was
the period considered where unit selling prices increased
continually loss-making throughout the period
by 23 %.
considered.

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Union L
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4.7. Investments, return on investments and ability to raise
recover from past dumping, in particular in terms of
capital
sales volume, sales price and profitability. It was found
moreover that dumping continued in the RIP.
Table 9
Investments and return on investments
4.11. Export activity of the Union industry
2007 2008 2009 RIP
Table 11
Investment
100 82 90 97
(index)
Export volume of the Union industry
Return on
– 100 –
251 –
506 –
176
2007 2008 2009 RIP
investment
(index)
Index 100 86 45 66
Source: Verified questionnaire replies of the Union industry.
Source: Verified questionnaire replies of the Union industry.
(60) Investments remained stable during the period
(65) Union
industry
exports
of
barium
carbonate
decreased
by
considered. Investments made by the Union industry
34 % over the period considered. The Union industry
were expensed in the year when they were made.
could only export limited volumes given the severe
Return on investment (profit expressed as a percentage
competition from Chinese exports on non-Union
of investments per year) developed negatively over the
markets. The decrease in export volumes over the
period considered in line with profitability.
period considered is also explained by the economic
downturn.
(61) The
investigation
did
not
bring
to
light
any
evidence
that
the Union industry had any major problems in raising
4.12. Conclusion on the situation of the Union industry
capital. It should however be noted that the investments
made in the period considered were not significant.
(66) While all main injury indicators, such as sales volume,
profitability, production, employment and productivity
showed negative developments during the period
considered, the anti-dumping measures had a softening
4.8. Cash flow
impact on the situation of the Union industry.

Table 10
Cash flow
(67) As far as the market share of the Union industry is
concerned, the slight decreasing trend shows that,
2007 2008 2009 RIP
despite existing measures and while market consumption
decreased, Chinese imports not only excluded other
Index –
100 –
83 25 32
countries from the market but also gained market
share at the expense of the Union industry.
Source: Verified questionnaire replies of the Union industry.
(62) Cash flow improved significantly over the period
considered as a consequence of the reduction in
(68) In conclusion, in view of the negative development of the
inventory volumes.
indicators pertaining to the Union industry, it is
considered that the Union industry continued to suffer
material injury during the period concerned. It was
therefore examined whether there was a likelihood of
continuation of injury should measures be allowed to
4.9. Magnitude of the dumping margin
lapse.
(63) During the RIP, despite the measures in force substantial
dumping continued at even higher levels than those
established in the original investigation, based both on
G.
the data obtained from the cooperating exporting
LIKELIHOOD OF CONTINUATION OF INJURY
producers and Eurostat.
1. Summary of the analysis of the likelihood of the
continuation of dumping and the recurrence of
injurious dumping
4.10. Recovery from the effects of past dumping
(69) It is recalled that consumption on the Union market
decreased significantly since the original investigation
(64) The
Union
industry,
in
a
negative
economic
context
due to the disappearance of the CRT and to the
explained by the general economic downturn and the
economic downturn. In these circumstances, the market
disappearance of one important application, did not
share of Chinese imports has increased by more than

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L 214/8
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Official Journal of the European Union
19.8.2011
15 % while the market share of the Union industry and
industry selling prices increased by only around 7 % in
third country imports decreased significantly. This
the same period, PRC imports were still undercutting
demonstrates that, despite the measures in force and
Union prices by more than 15 % after the RIP.
the decreasing Union consumption, the Chinese
exporting producers showed a continuous interest in
the Union market and were able to exclude third
countries from the Union market.
H. UNION INTEREST
1. Preliminary remark
(70) It is also recalled that the exporting producers in the PRC
(75) In
accordance
with
Article
21
of
the
basic
Regulation
it
continued to dump and undercut Union industry prices
was examined whether the continuation of the existing
at very significant levels in the RIP. Based on this, there is
anti-dumping measures would be against the interest of
no reason to believe that the Chinese exporting
the Union as a whole. The determination of Union
producers will not continue to dump and undercut
interest was based on an assessment of the various
Union industry prices in the future.
interests involved, i.e. those of the Union industry,
importers and users of the product concerned.
(71) The
investigation
showed
that
the
Chinese
exporting
producers had significant spare capacities during the
RIP, i.e. around 280 000 tonnes. This represents more
(76) As the present investigation is an expiry review, it
requires analysis of a situation in which anti-dumping
than three times the size of the Union market in the RIP.
measures have already been in place and the assessment
Despite the expected increase in demand in the PRC,
of any undue negative impact on the parties concerned
overcapacity is expected to persist and remain very
by the current anti-dumping measures.
significant in the coming years.


(72) The Union market is the main export destination for the
(77) On
this basis it was examined whether there were
PRC. Other major export markets such as the USA and
compelling reasons which would lead to the conclusion
India, have high ( 1 ) anti-dumping measures in place
that it was not in the Union interest to maintain
against barium carbonate originating in the PRC. These
measures in this particular case, despite the above
markets are therefore practically inaccessible to Chinese
conclusions on the likelihood of continuation of
exports. In view of the Chinese exporting producers’
dumping and the likelihood of continuation of injury.
interest in the Union market, it is expected that, if
measures were repealed, a significant volume of exports
would flood into the Union market, with a strong overall
depressing effect on prices.
2. Interests of the Union industry
(78) The
investigation
revealed
that
the
Union
industry
was
operating very cost-efficiently. Indeed, it reduced
2. Conclusion on likelihood of continuation of
headcount and changed production models in order to
injury
adapt to the new market situation and ensure the sustain
ability of the plant where, as indicated in recital 53,
(73) On the basis of the above, it is considered that if
barium carbonate and strontium carbonate are
measures were repealed, there would be a likelihood of
produced in alternating campaigns. Although the
a significant increase in dumped imports from the PRC
measures did not contribute to the recovery of the
to the Union, with downward pressure on prices. Such a
financial situation of the Union industry, they had a
situation would likely lead to the disappearance of the
softening effect on its financial situation. Indeed,
Union industry in the medium term as, on the one hand,
without the measures in place, it is likely that the
the reduced sales volumes would not allow the Union
Union market would have been flooded by low-priced
industry to dilute fixed costs sufficiently and, on the
imports originating in PRC and the Union industry
other hand, it would not be able to reach sufficient
would have had to close down.
price levels. The continuation of injury was magnified
in the period considered by the economic downturn
and by the disappearance of an important application.
(79) As
mentioned
above,
the
production
model
of
the
Union
industry is based on two products that are inter
3. Post RIP developments
dependent; i.e. sufficient sales volumes for both
products are necessary in order to dilute fixed costs.
(74) Although
PRC
import
prices
increased
by
17,8
%
from
Should measures be allowed to lapse, the expected
the end of the RIP to February 2011 while Union
increased volume of dumped imports will lead to a
substantial reduction of the barium carbonate activity,
which, itself, will make the strontium carbonate activity
( 1 ) Indian anti-dumping duties against Chinese barium carbonate range
from 76,06 USD to 236 USD per ton; US anti-dumping duties
less profitable, leading eventually to the dismantlement of
against Chinese barium carbonate range from 34,4 to 81,3 %.
the whole plant.

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EN
19.8.2011 Official
Journal
of
the
European
Union L
214/9
(80) On the basis of the above, it was concluded that it is in
I. ANTI-DUMPING MEASURES
the interest of the Union industry that measures against
the dumped imports from the PRC be maintained.
(89) All
parties
were
informed
of
the
essential
facts
and
considerations on the basis of which it was intended to
recommend that the measures be maintained. They were
3. Interests of unrelated importers
also granted a period to submit comments and claims
(81) The Commission sent questionnaires to all known
subsequent to disclosure. No comments were received
unrelated importers. Replies were received from four
following disclosure.
unrelated importers. Two of these importers were
active in the production of slurry, a solution composed
of barium carbonate, additives and water, destined for the
(90) It
follows
from
the
above
that,
as
provided
for
under
brick industry.
Article 11(2) of the basic Regulation, the anti-dumping
measures applicable to imports of barium carbonate orig
(82) Importers
indicated
that
the
imposition
of
anti-dumping
inating in PRC, imposed by Regulation (EC) No
duties had pushed prices upward at the time of
1175/2005 should be maintained,
imposition. In this regard, it should be noted that such
difference was no longer noticeable as export prices to
the Union when compared to average prices to all non-
Union markets were found to be at similar levels as
HAS ADOPTED THIS REGULATION:
during the RIP ( 1 ).
(83) Importers also indicated that there was no shortage of
Article 1
barium carbonate on the Union market even though they
were facing increasing difficulties to source barium
1. A
definitive
anti-dumping
duty
is
hereby
imposed
on
carbonate from the PRC due to increased domestic
imports of barium carbonate with a strontium content of
demand. Import statistics do however not show any
more than 0,07 % by weight and a sulphur content of more
decrease in volume of exports of the product
than 0,0015 % by weight, whether in powder, pressed granular
concerned to the Union during or after the RIP. This is
or calcined granular form, currently falling within CN code
also confirmed by the findings concerning overcapacity
ex 2836 60 00 (TARIC code 2836 60 00 10), originating in
in recital 71.
the People’s Republic of China.

(84) It
was
also
found
that
the
measures
in
force
did
not
have
any negative effects on the financial situation of the
2. The
amount
of
the
definitive
anti-dumping
duty
shall
be
importers.
equal to a fixed amount as specified below for products
produced by the following manufacturers:
(85) On the basis of the above, it was concluded that the
current measures in force had no substantial negative
effect on their financial situation and that the
TARIC
continuation of the measures would not unduly affect
Company
Rate of duty
(EUR/t)
additional code
the importers.
Hubei Jingshan Chutian Barium Salt
6,3 A606
4. Interests of users
Corp. Ltd, 62, Qinglong Road,

Songhe Town, Jingshan County,
Hubei Province, PRC
(86) The
Commission
sent
questionnaires
to
all
known
users.
Replies were received from nine users of the product
Zaozhuang Yongli Chemical Co. Ltd,
8,1 A607
concerned. As indicated in recital 16, the main industrial
South Zhuzibukuang Qichun,
users of barium carbonate in the Union are active in the
Zaozhuang City Center District,
brick and tile industry, the ceramics sector and in the
Shandong Province, PRC
production of ferrite.
All other companies 56,4 A999
(87) One user has submitted that the existence or
continuation of the measures would not be in the
3. In cases where the goods have been damaged before entry
interest of users, however it did not substantiate its
into free circulation and, therefore, the price actually paid or
claim. None of the other users replying to the ques
payable is apportioned for the determination of the customs
tionnaire indicated that the measures had a significant
value pursuant to Article 145 of Commission Regulation
impact on their businesses and that they should be lifted.
(EEC) No 2454/93 of 2 July 1993 laying down provisions for
the implementation of Council Regulation (EEC) No 2913/92
5. Conclusion on Union interest
establishing the Community Customs Code ( 2 ), the amount of
the anti-dumping duty, calculated on the basis of the fixed
(88) Given
the
above,
it is concluded that
there
are
no
amounts set above, shall be reduced by a percentage which
compelling reasons against the prolongation of the
corresponds to the apportioning of the price actually paid or
anti-dumping measures in force.
payable.
( 1 ) Source: Chinese export statistics.
( 2 ) OJ L 253, 11.10.1993, p. 1.

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L 214/10
EN
Official Journal of the European Union
19.8.2011
4. Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the
European Union and shall be in force for a period of 5 years.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 August 2011.
For the Council
The President
M. DOWGIELEWICZ

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