HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
16.1.2013 Official
Journal
of
the
European
Union
L
11/1
II
(Non-legislative acts)
REGULATIONS
COUNCIL IMPLEMENTING REGULATION (EU) No 21/2013
of 10 January 2013
extending the definitive anti-dumping duty imposed by Implementing Regulation (EU) No 791/2011
on imports of certain open mesh fabrics of glass fibres originating in the People’s Republic of China
to imports of certain open mesh fabrics of glass fibres consigned from Taiwan and Thailand,
whether declared as originating in Taiwan and Thailand or not
THE COUNCIL OF THE EUROPEAN UNION,
fibres consigned from Taiwan and Thailand, whether
declared as originating in Taiwan and Thailand or not,
subject to registration.
Having regard to the Treaty on the Functioning of the European
Union,
(3)
The request was lodged by Saint-Gobain Adfors CZ s.r.o.,
Having regard to Council Regulation (EC) No 1225/2009 of
Tolnatext Fonalfeldolgozo es Muszakiszovet-gyarto Bt.,
30 November 2009 on protection against dumped imports
Valmieras ‘Stikla Skiedra’ AS and Vitrulan Technical
from countries not members of the European Community (
Textiles GmbH, four Union producers of certain open

1 )
(‘the basic Regulation’), and in particular Article 13 thereof,
mesh fabrics of glass fibres.
Having regard to the proposal from the European Commission,
(4) The
request
contained
sufficient
prima
facie
evidence
that
following the imposition of the measures in force, a
significant change in the pattern of trade involving
Whereas:
exports from the PRC, Taiwan and Thailand to the
Union occurred, for which there was insufficient due
cause or economic justification other than the imposition
1. PROCEDURE
of the measures in force. This change in the pattern of
1.1. Existing measures
trade stemmed allegedly from the transhipment of certain

open mesh fabrics of glass fibres originating in the PRC
(1) By
Implementing
Regulation
(EU)
No
791/2011
(
via Taiwan and Thailand.

2 ) (‘the
original Regulation’) the Council imposed a definitive
anti-dumping duty of 62,9 % on imports of certain
open mesh fabrics of glass fibres originating in the
(5)
Furthermore, the evidence pointed to the fact that the
People’s Republic of China (‘the PRC’) for all other
remedial effects of the measures in force were being
companies than the ones mentioned in Article 1(2) and
undermined both in terms of quantity and price. The
Annex I to that Regulation. These measures will here
evidence showed that these increased imports from
inafter be referred to as ‘the measures in force’ and the
Taiwan and Thailand were made at prices below the
investigation that led to the measures imposed by the
non-injurious price established in the original investi
original Regulation will be hereinafter referred to as
gation.
‘the original investigation’.
(6) Finally,
there
was
evidence
that
prices
of
certain
open
1.2. Request
mesh fabrics of glass fibres consigned from Taiwan and
Thailand were dumped in relation to the normal value
(2) On
10
April
2012,
the
European
Commission
(‘the
established during the original investigation.
Commission’) received a request pursuant to Articles
13(3) and 14(5) of the basic Regulation to investigate
the possible circumvention of the anti-dumping
1.3. Initiation
measures imposed on imports of certain open mesh
fabrics of glass fibres originating in the PRC and to
(7) Having
determined,
after
consulting
the
Advisory
make imports of certain open mesh fabrics of glass
Committee, that sufficient prima facie evidence existed
for the initiation of an investigation pursuant to
( 1 ) OJ L 343, 22.12.2009, p. 51.
Articles 13(3) and 14(5) of the basic Regulation, the
( 2 ) OJ L 204, 9.8.2011, p. 1.
Commission, initiated an investigation by Commission

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L 11/2
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Official Journal of the European Union
16.1.2013
Regulation (EU) No 437/2012 ( 3 ) (‘the initiating Regu
made by analysing successively whether there was a
lation’). Pursuant to Articles 13(3) and 14(5) of the
change in the pattern of trade between the PRC,
basic Regulation the Commission, by the initiating Regu
Taiwan, Thailand and the Union; if this change
lation, also directed the customs authorities to register
stemmed from a practice, process or work for which
imports of certain open mesh fabrics of glass fibres
there was insufficient due cause or economic justification
consigned from Taiwan and Thailand.
other than the imposition of the duty; if there was
evidence of injury or that the remedial effects of the
duty were being undermined in terms of the prices
1.4. Investigation
and/or quantities of the product under investigation;
and whether there was evidence of dumping in relation
(8) The
Commission
officially
advised
the
authorities
of
the
to the normal values previously established in the
PRC, Taiwan and Thailand, the exporting producers in
original investigation, if necessary in accordance with
those countries, the importers in the Union known to be
the provisions of Article 2 of the basic Regulation.
concerned and the Union industry of the initiation of the
investigation. Questionnaires were sent to the known
producers/exporters in the PRC, Taiwan and Thailand
known to the Commission from the request or
through the Taipei Representative Office and the
2.2. Product concerned and the product under inves
Mission of the Kingdom of Thailand to the European
tigation
Union. Questionnaires were also sent to importers in
the Union named in the request. Interested parties were
(12) The product concerned is as defined in the original inves
given the opportunity to make their views known in
tigation: Open mesh fabrics of glass fibres, of a cell size
writing and to request a hearing within the time limit
of more than 1,8 mm both in length and in width and
set in the initiating Regulation. All parties were informed
weighing more than 35 g/m 2 , excluding fibreglass discs,
that non-cooperation might lead to the application of
originating in the People’s Republic of China, currently
Article 18 of the basic Regulation and to findings
falling within CN codes ex
7019
51
00 and
being based on the facts available.
ex 7019 59 00.

(9) The
anti-circumvention
questionnaire
was
sent
to
eight
companies in Taiwan and to seven companies in
(13) The product under investigation is the same as that
Thailand. Some Taiwanese and Thai companies came
defined in the previous recital, but consigned from
forward and claimed that they do not want to be
Taiwan and Thailand, whether declared as originating
considered as interested parties as they do not produce
in Taiwan and Thailand or not.
the product under investigation and/or do not have any
exports to the Union. The remaining known companies
from the two countries concerned did not come forward
at all. None of the companies submitted a reply to the
questionnaire. The anti-circumvention questionnaire was
(14) The
investigation
showed
that
open
mesh
fabrics
of
glass
also sent to 44 companies in the PRC. However, those
fibres, as defined above, exported from the PRC to the
exporting producers in the PRC neither came forward
Union and those consigned from Taiwan and Thailand to
nor submitted a reply to the questionnaire. Question
the Union have the same basic physical and technical
naires were also sent to importers in the Union but
characteristics and have the same uses, and are
none of them came forward nor did they submit
therefore to be considered as like products within the
replies to the questionnaire.
meaning of Article 1(4) of the basic Regulation.
1.5. Investigation period
2.3. Degree of cooperation and determination of the
(10) The investigation period covered the period from
trade volumes
1 January 2009 to 31 March 2012 (‘the IP’). Data were
collected for the IP to investigate, inter alia, the alleged
Taiwan
change in the pattern of trade. More detailed data were
collected for the reporting period from 1 April 2011 to
(15) As
stated
in
recital
9,
none
of
the
companies
submitted
a
31 March 2012 (‘the RP’) in order to examine the
reply to the questionnaire, i.e. there was no cooperation
possible undermining of the remedial effect of the
from the Taiwanese exporting producers, and
measures in force and existence of dumping.
consequently no on the spot verification visits were
carried out. The findings in respect of imports of
certain open mesh fabrics of glass fibres from Taiwan
2. RESULTS OF THE INVESTIGATION
into the Union and exports of the product concerned
from the PRC to Taiwan had to be made on the basis
2.1. General considerations
of facts available in accordance with Article 18(1) of the
basic Regulation. In this case Comext data was used to
(11) In
accordance
with
Article
13(1)
of
the
basic
Regulation,
determine overall import volumes from Taiwan to the
the assessment of the existence of circumvention was
Union and Chinese national statistics were used for the
determination of the overall exports from the PRC to
( 3 ) OJ L 134, 24.5.2012, p. 12.
Taiwan.

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16.1.2013 Official
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Thailand
initiation in November 2011 of the anti-circumvention
investigation on open mesh fabrics originating in the
(16) The
Thai
exporting
producers
did
not
cooperate
either
as
PRC and consigned via Malaysia ( 5 ). That trend is
they also did not submit replies to the questionnaire,
confirmed by the corresponding Chinese statistics with
thus no on the spot verification visits were carried out.
regard to exports of open mesh fabrics of glass fibres to
The findings in respect of imports of certain open mesh
Taiwan from the PRC.
fabrics of glass fibres from Thailand into the Union and
exports of the product concerned from the PRC to
Thailand had to be made on the basis of facts available
in accordance with Article 18(1) of the basic Regulation.
Thailand
In this case Comext data was used to determine overall
import volumes from Thailand to the Union and Chinese
(21) As far as Thailand is concerned, the total exports to the
national statistics were used for the determination of the
Union of the product under investigation also increased
overall exports from the PRC to Thailand.
sharply in 2011. Based on Comext data, exports from
Thailand to the Union exploded in the quarter June-
August 2011 whereas they were insignificant in
previous years. Those imports also present a further
The People’s Republic of China
surge in the quarter January-March 2012, following the
initiation in November 2011 of the anti-circumvention
(17) There
was
no
cooperation
from
the
Chinese
exporting
investigation on open mesh fabrics originating in the
producers. Therefore, findings in respect of imports of
PRC and consigned via Malaysia ( 6 ). That trend is
the product concerned into the Union and exports of
confirmed by the corresponding Chinese statistics with
certain open mesh fabrics of glass fibres from the PRC
regard to exports of open mesh fabrics of glass fibres to
to Taiwan and Thailand had to be made on the basis of
Thailand from the PRC.
facts available in accordance with Article 18(1) of the
basic Regulation. In this case Comext data was again
used to determine overall import volumes from the
PRC to the Union. Chinese national statistics were used
(22) Table
1
shows
import
quantities
of
certain
open
mesh
for the determination of the overall exports from the
fabrics of glass fibres from the PRC, Taiwan and Thailand
PRC to Taiwan and Thailand.
into the Union from 1 January 2009 to 31 March 2012.
(18) The
import
volume
recorded
in
Comext
statistics
covers
Table 1
a larger product group than the product concerned and
the product under investigation. However, based on
Import volumes
estimates provided by the Union industry, it could be
(millions of m 2 )
2009 2010 2011
1.4.2011-
31.3.2012
established that a significant part of this import volume
covered the product concerned and the product under
PRC 294,90 383,72 193,07 121,30
investigation. Accordingly, the data could be used to
establish a change in the pattern of trade.
Taiwan 1,33 1,03 10,67 17,07
Thailand 0,66 0,04 10,40 24,11
2.4. Change in the pattern of trade
Source: Comext statistics.
Imports of certain open mesh fabrics of glass fibres into the
Union
(19) Imports of the product concerned from the PRC to the
The Comext data is provided in kilograms while the
Union dropped dramatically subsequent to the
measurement of the product concerned is in square
imposition of the provisional measures in February
meters. The Union Industry provided conversion rates
2011 ( 4 ) and of the definitive measures in August 2011
for the two codes covered by the proceeding which
by the original Regulation.
were used to calculate the figures in the Tables.
Taiwan
(23) The
data
clearly
show
that
imports
from
Taiwan
and
Thailand into the Union were negligible in 2009 and
(20) Total
exports
of
the
product
under
investigation
from
2010. However, in 2011, following the imposition of
Taiwan to the Union increased significantly in 2011
the measures, imports surged suddenly and partly
and particularly following the imposition of the definitive
replaced the exports from the PRC on the Union
measures in August 2011. Based on Comext data,
market in terms of volume. Moreover, since the
exports from Taiwan to the Union surged suddenly in
imposition of the measures in force, the decrease of
the second semester of 2011 whereas they were at insig
the exports from the PRC to the Union has been
nificant levels in previous years. Those imports exploded
significant (70 %).
further in the quarter January-March 2012, following the
( 5 ) OJ L 292, 10.11.2011, p. 4.
( 4 ) OJ L 43, 17.2.2011, p. 9.
( 6 ) See footnote 5.

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L 11/4
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Official Journal of the European Union
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Exports from the PRC to Taiwan and Thailand
established that the product concerned covers a
significant part of the Chinese statistics. Therefore,
(24) A
dramatic
increase
of
exports
of
open
mesh
fabrics
of
those data could be taken into account.
glass fibres can be observed from the PRC to Taiwan
within the same period. From a relatively small number
in 2009 (748 000 m 2 ), exports surged to 14,39 million
m 2 in the RP.
(29) Tables
1
to
3
clearly
demonstrate
that
the
sharp
drop
of
Chinese exports of open mesh fabrics of glass fibres to
the Union was followed by a significant increase of
Chinese exports of open mesh fabrics of glass fibres to
(25) Table 2 shows exports of open mesh fabrics of glass
Taiwan and Thailand and a subsequent drastic increase of
fibres from the PRC to Taiwan from 1 January 2009
Taiwanese and Thai exports of open mesh fabrics of glass
to 31 March 2012.
fibres to the Union in the RP.
Table 2
Production volumes in Taiwan and Thailand
(30) As
there
was
no
cooperation
from
the
companies
in
Taiwan 2009 2010 2011
1.4.2011-
31.3.2012
Taiwan and Thailand, no information could be
obtained on the possible levels of the genuine production
Quantity
0,75 2,45 7,58 14,39
of the product under investigation in these two countries.
(million m 2 )
Yearly change (%) 227 209 90
2.5. Conclusion on the change in the pattern of
trade
Index (2009 = 100) 100 327 1
011 1
919


(31) The
overall
decrease
of
the
exports
from
the
PRC
to
the
Source: Chinese statistics.
Union and the parallel increase of both exports from
Taiwan and Thailand to the Union and of exports from
the PRC to Taiwan and Thailand respectively, following
(26) The
same
trend
can
be
observed
for
the
exports
of
open
the imposition of provisional measures in February 2011
mesh fabrics of glass fibres from the PRC to Thailand.
and of definitive measures in August 2011, constitutes a
The export volume in 2009 was only 1,83 million m
change in the pattern of trade between those countries,

2
while in the RP exploded to 41,70 million m
on the one hand, and of the exports of those countries to

2 .
the Union, on the other hand.
(27) Table 3 shows exports of open mesh fabrics of glass
fibres from the PRC to Thailand from 1 January 2009
2.6. Nature of the circumvention practice
to 31 March 2012.
(32) Article
13(1)
of
the
basic
Regulation
requires
that
the
change in the pattern of trade stem from a practice,
process or work for which there is insufficient due
Table 3
cause or economic justification other than the imposition
of the duty. The practice, process or work includes, inter
alia, the consignment of the product subject to measures
Thailand 2009 2010 2011
1.4.2011-
31.3.2012
via third countries.
Quantity
1,83 9,80 25,51 41,70
(million m 2 )
Transhipment
Yearly change (%) 436 160 63
(33) The Commission has evidence regarding business
contacts of Chinese operators with importers in the
Index (2009 = 100) 100 535 1
394 2
279
Union which confirm the existence of transhipment
practices via Thailand. In addition the lack of cooperation
Source: Chinese statistics.
by any of the producers of the product under investi
gation in Taiwan and Thailand points to transhipment
practices taking place in those countries with regard to
open mesh fabrics of glass fibres. Moreover, the recent
(28) To establish the trend of the trade flow of certain open
surge in imports from those two countries indicates that
mesh fabrics of glass fibres from the PRC to Taiwan and
it is due to Taiwanese and Thai traders transhipping
Thailand, Chinese statistics were considered, although
Chinese products to the Union.
they were only available at a higher product group

level than the product concerned. In view of Comext
data and the estimates provided by the Union industry
on the volumes classified under the two CN codes
(34) The
existence
of
transhipment
of
Chinese-origin
products
ex 7019 51 00 and ex 7019 59 00, it could however be
via Taiwan and Thailand is therefore confirmed.

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2.7. Insufficient due cause or economic justification
(42) The
export
prices
from
Taiwan
and
Thailand,
respect
other than the imposition of the anti-dumping duty
ively, were based on facts available, i.e. on the average
export price of certain open mesh fabrics of glass fibres
(35) The
investigation
did
not
bring
to
light
any
due
cause
or
during the RP as reported in Comext. The use of facts
economic justification for the transhipment other than
available was due to the lack of cooperation by any
the avoidance of the measures in force on the product
producer of the product under investigation in the two
concerned. No elements were found, other than the duty,
countries concerned.
which could be considered as a compensation for the
costs of transhipment, in particular regarding transport
and reloading, of certain open mesh fabrics of glass fibres
originating in the PRC via Taiwan and Thailand.
(43) For the purpose of a fair comparison between the normal
value and the export price, due allowance, in the form of
adjustments, was made for differences which affect prices
and price comparability in accordance with Article 2(10)
2.8. Undermining of the remedial effect of the anti-
of the basic Regulation. Accordingly, adjustments were
dumping duty
made for differences in transport, insurance and packing
costs. Given that there was no cooperation from the
(36) To assess whether the imported product under investi
producers in Taiwan, Thailand and the PRC, the
gation had, in terms of quantities and prices, undermined
adjustments had to be established on the basis of the
the remedial effects of the measures in force on imports
best facts available. Thus, the adjustment for those
of the product concerned, Comext data was used as the
allowances was based on a percentage calculated as the
best data available concerning quantities and prices of
proportion of the total transport, insurance and packing
exports by the non-cooperating companies in Taiwan
costs over the value of the sales transactions to the
and Thailand. The prices so determined were compared
Union with CIF delivery terms provided by the
to the injury elimination level established for Union
cooperating Chinese exporting producers in the original
producers in recital 74 of the original Regulation.
investigation.
(37) The
increase
of
imports
from
Taiwan
to
the
Union
from
(44) In accordance with Article 2(11) and 2(12) of the basic
1,03 million m 2 in 2010 to 17,07 million m 2 in the RP
Regulation, dumping was calculated by comparing the
was considered to be significant in terms of quantity.
weighted average normal value as established in the
original Regulation and the corresponding weighted
average export prices of the two countries concerned
(38) Also, the increase of imports from Thailand to the Union
during this investigation’s RP, expressed as a percentage
from 40 000 m 2 in 2010 to 24,11 million m 2 in the RP
of the CIF price at the Union frontier duty unpaid.
was considered to be substantial in terms of quantity.
(45) The
comparison
of
the
weighted
average
normal
value
(39) The
comparison
of
the
injury
elimination
level
as
estab
and the weighted average export price as established
lished in the original Regulation and the weighted
showed dumping.
average export price (determined in this investigation
for Taiwan and Thailand respectively and adjusted for
post-importation costs and quality adjustments estab
3. MEASURES
lished in the original investigation) showed significant
underselling for both countries concerned. It was
(46) Given the above, it was concluded that the definitive
therefore concluded that the remedial effects of the
anti-dumping duty imposed on imports of certain open
measures in force are being undermined in terms of
mesh fabrics of glass fibres originating in the PRC was
both quantities and prices.
circumvented by transhipment via Taiwan and Thailand
pursuant to Article 13(1) of the basic Regulation.
2.9. Evidence of dumping
(47) In
accordance
with
the
first
sentence
of
Article
13(1)
of
(40) Finally,
in
accordance
with
Article
13(1)
of
the
basic
the basic Regulation, the measures in force on imports of
Regulation it was examined whether there was evidence
the product concerned, should be extended to imports of
of dumping in relation to the normal value previously
the product under investigation, i.e. the same product but
established in the original investigation.
consigned from Taiwan and Thailand, whether declared
as originating in Taiwan and Thailand or not.
(41) In the original Regulation the normal value was estab
lished on the basis of prices in Canada, which in that
(48) In
light
of
the
non-cooperation
in
this
investigation,
the
investigation was found to be an appropriate market
measures to be extended should be the measures estab
economy analogue country for the PRC. In line with
lished in Article 1(2) of the original Regulation for ‘all
Article 13(1) of the basic Regulation it was considered
other companies’, which is presently a definitive anti-
appropriate to use the normal value as previously estab
dumping duty of 62,9 % applicable to the net, free-at-
lished in the original investigation.
Union-frontier price, before duty.

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Official Journal of the European Union
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(49) In accordance with Articles 13(3) and 14(5) of the basic
HAS ADOPTED THIS REGULATION:
Regulation, which provides that any extended measure
should apply to imports which entered the Union
under registration imposed by the initiating Regulation,
Article 1
duties should be collected on those registered imports of
1. The
definitive
anti-dumping
duty
applicable
to
‘all
other
certain open mesh fabrics of glass fibres consigned from
companies’ imposed by Article 1(2) of Implementing Regulation
Taiwan and Thailand.
(EU) No 791/2011 on imports of open mesh fabrics of glass
fibres, of a cell size of more than 1,8 mm both in length and in
width and weighing more than 35 g/m 2 , excluding fibreglass
4. REQUESTS FOR EXEMPTION
discs, originating in the People’s Republic of China, is hereby
extended to imports of open mesh fabrics of glass fibres, of a
(50) As
stated
in
recital
9
none
of
the
producers
in
the
two
cell size of more than 1,8 mm both in length and in width and
countries concerned came forward following initiation.
weighing more than 35
g/m 2 , excluding fibreglass discs,
Accordingly, no requests for exemption from the
consigned from Taiwan and Thailand, whether declared as orig
possible extension of the measures in accordance with
inating in Taiwan and Thailand or not, currently falling CN
Article 13(4) of the basic Regulation were made.
codes ex 7019 51 00 and ex 7019 59 00 (TARIC codes
7019 51 00 12,
7019 51 00 13,
7019 59 00 12
and
7019 59 00 13).
(51) Without
prejudice
to
Article
11(3)
of
the
basic
Regu
lation, the producers in Taiwan and Thailand which did
2. The
duty
extended
by
paragraph
1
of
this
Article
shall
be
not come forward in this proceeding and did not export
collected on imports consigned from Taiwan and Thailand,
the product under investigation to the Union in the RP
whether declared as originating in Taiwan and Thailand or
and which consider lodging a request for an exemption
not, registered in accordance with Article 2 of Regulation
from the extended anti-dumping duty pursuant to
(EU) No 437/2012 and Articles 13(3) and 14(5) of Regulation
Articles 11(4) and 13(4) of the basic Regulation will be
(EC) No 1225/2009.
required to complete a questionnaire in order to enable
the Commission to determine whether an exemption
3. Unless
otherwise
specified,
the
provisions
in
force
may be warranted. Such exemption may be granted
concerning customs duties shall apply.
after the assessment of the market situation, production
capacity and capacity utilisation, procurement and sales
and the likelihood of continuation of practices for which
Article 2
there is insufficient due cause or economic justification
and the evidence of dumping. The Commission would
1. Requests
for
exemption
from
the
duty
extended
by
normally also carry out an on-the-spot verification visit.
Article 1 shall be made in writing in one of the official
The request should be addressed to the Commission,
languages of the European Union and must be signed by a
with all relevant information, in particular any modifi
person authorised to represent the entity requesting the
cation in the company’s activities linked to the
exemption. The request must be sent to the following address:
production and sales.
European Commission
Directorate-General for Trade
Directorate H
(52) Where
an
exemption
is
warranted,
the
Commission
will,
Office: N-105 08/20
after consultation of the Advisory Committee, propose
1049 Bruxelles/Brussel
the amendment of the extended measures in force
BELGIQUE/BELGI
accordingly. Subsequently, any exemption granted will
be monitored to ensure compliance with the conditions
Fax +32 22956505
set out therein.
2. In
accordance
with
Article
13(4)
of
Regulation
(EC)
No
1225/2009, the Commission, after consulting the Advisory
5. DISCLOSURE
Committee, may authorise, by decision, the exemption of
imports from companies which do not circumvent the anti-
(53) All interested parties were informed of the essential facts
dumping measures imposed by Implementing Regulation (EU)
and considerations leading to the above conclusions and
No 791/2011, from the duty extended by Article 1.
were invited to comment. Following disclosure,
comments were received from the Department of
Foreign Trade in the Ministry of Commerce of
Article 3
Thailand. They requested to take into consideration the
Thai import and export statistics of open mesh fabrics of
Customs authorities are hereby directed to discontinue the regis
glass fibres as well. The statistics provided by the Thai
tration of imports, established in accordance with Article 2 of
authorities were taken into consideration and proved to
Regulation (EU) No 437/2012.
be a useful source of information. However, they were
finally not used for the definitive findings as, Comext
Article 4
data and Chinese national statistics showed more
coherent trends. Thus the arguments presented did not
This Regulation shall enter into force on the day following that
give rise to a modification of the definitive findings,
of its publication in the Official Journal of the European Union.

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This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 January 2013.
For the Council
The President
E. GILMORE

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