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29.6.2012 Official
Journal
of
the
European
Union L
169/11
COUNCIL IMPLEMENTING REGULATION (EU) No 567/2012
of 26 June 2012
amending Implementing Regulation (EU) No 917/2011 imposing a definitive anti-dumping duty and
collecting definitively the provisional duty imposed on imports of ceramic tiles originating in the
People’s Republic of China, by adding a company to the list of producers from the People’s
Republic of China listed in Annex I
THE COUNCIL OF THE EUROPEAN UNION,
— it is not related to any of the exporters or producers
in China which are subject to the anti-dumping
measures imposed by that Regulation (the second
Having regard to the Treaty on the Functioning of the European
criterion), and
Union,
— it has actually exported to the Union the products
Having regard to Council Regulation (EC) No 1225/2009 of
concerned after the investigation period on which the
30 November 2009 on protection against dumped imports
measures are based, or it has entered into an
from countries not members of the European Community ( 1 )
irrevocable contractual obligation to export a
(‘the basic Regulation’), and in particular Article 9 thereof,
significant quantity to the Union (the third criterion),
Having regard to Council Implementing Regulation (EU)
No 917/2011 of 12 September 2011 imposing a definitive
then Article 1(2) of that Regulation can be amended by
anti-dumping duty and collecting definitively the provisional
granting the new exporting producer the duty rate
duty imposed on imports of ceramic tiles originating in the
applicable to the cooperating companies not included
People’s Republic of China (
in the sample, i.e. 30,6 %.

2 ) (‘Implementing Regulation (EU)
No 917/2011’) and in particular Article 3 thereof,
B. NEW EXPORTING PRODUCER REQUEST
Having regard to the proposal submitted by the European
(3) A
Chinese
company
(‘the
applicant’)
has
applied
to
be
Commission (‘the Commission’) after consulting the Advisory
granted the same treatment as the companies
Committee,
cooperating in the original investigation not included in
the sample (‘new exporting producer treatment’).
Whereas:
(4) An
examination
has
been
carried
out
to
determine
A. PREVIOUS PROCEDURE
whether the applicant fulfils the criteria for being
granted new exporting producer treatment as set out in
(1) By
Implementing
Regulation
(EU)
No
917/2011,
the
Article 3 of Implementing Regulation (EU) No 917/2011.
Council imposed a definitive anti-dumping duty on
imports into the Union of ceramic tiles originating in
the People’s Republic of China (‘China’). Given the large
(5) A
questionnaire
was
sent
to
the
applicant
who
was
asked
number of cooperating exporting producers in China in
to supply evidence to demonstrate that it met the three
the investigation that led to the imposition of the anti-
criteria mentioned above.
dumping duty (‘the original investigation’), a sample of
Chinese exporting producers was selected and individual
duty rates ranging from 26,3 % to 36,5 % were imposed
(6) The
evidence
provided
by
the
Chinese
exporting
on the companies included in the sample, while other
producer was considered sufficient to show that it
cooperating companies not included in the sample were
fulfils the criteria set out in Article 3 of Implementing
attributed a duty rate of 30,6 %. A duty rate of 69,7 %
Regulation (EU) No 917/2011. This exporting producer
was imposed on all other Chinese companies.
can therefore be granted the duty rate applicable to the
cooperating companies not included in the sample (i.e.
30,6 %) and consequently its name can be added to the
(2) Article
3
of
Implementing
Regulation
(EU)
No
917/2011
list of exporting producers in Annex I to Implementing
stipulates that where any new exporting producer in
Regulation (EU) No 917/2011.
China provides sufficient evidence to the Commission
that:
(7) The
applicant
and
the
Union
industry
have
been
— it did not export to the Union the products described
informed of the findings of the examination and were
in Article 1(1) of that Regulation during the investi
given the opportunity to submit their comments.
gation period (1 April 2009 to 31 March 2010) (‘the
investigation period’) (the first criterion),
(8) All
arguments
and
submissions
made
by
interested
( 1 ) OJ L 343, 22.12.2009, p. 51.
parties were analysed and duly taken into account
( 2 ) OJ L 238, 15.9.2011, p. 1.
where warranted,

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L 169/12
EN
Official Journal of the European Union
29.6.2012
HAS ADOPTED THIS REGULATION:
Article 1
The following company shall be added to the list of producers from the People’s Republic of China listed in
Annex I to Implementing Regulation (EU) No 917/2011:
‘Name TARIC
additional
code
Onna Ceramic Industries (China) Co. Ltd B293’
Article 2
This Regulation shall enter into force on the day following that 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 Luxembourg, 26 June 2012.
For the Council
The President
N. WAMMEN

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Document Outline

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