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2.2.2011 Official
Journal
of
the
European
Union L
28/1
II
(Non-legislative acts)
REGULATIONS
COUNCIL IMPLEMENTING REGULATION (EU) No 82/2011
of 31 January 2011
imposing a definitive anti-dumping duty on imports of okoumé plywood originating in the People’s
Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EC)
No 1225/2009 and terminating a partial interim review pursuant to Article 11(3) of Regulation
(EC) No 1225/2009
THE COUNCIL OF THE EUROPEAN UNION,
(3) The
expiry
review
was
lodged
by
the
European
Federation of the Plywood Industry (FEIC) (‘the applicant’)
on behalf of Union producers representing a major
Having regard to the Treaty on the Functioning of the European
proportion, in this case more than 50 % of the Union
Union,
production of okoumé plywood. The request was based
on the grounds that the expiry of the measures would be
likely to result in a continuation or recurrence of
Having regard to Council Regulation (EC) No 1225/2009 of
dumping and recurrence of injury to the Union industry.
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),
(3), (5) and (6) thereof,
(4) In
addition,
following
a
French
court
proceeding
into
anti-competitive behaviour of a number of French
producers of okoumé plywood, it was considered that
Having regard to the proposal submitted by the European
it could not be excluded that this could have had
Commission after consulting the Advisory Committee,
distorted the injury assessment in the original investi
gation. Therefore it was considered appropriate to also
initiate in parallel an ex officio interim review pursuant to
Whereas:
Article 11(3) of the basic Regulation to re-examine the
injury situation of the Union industry in particular in
comparison to the situation which prevailed in the inves
A.
tigation period of the original investigation.
PROCEDURE
1. Measures in force
(1) The
Council,
following
an
anti-dumping
investigation (5) Having
determined,
after
consulting
the
Advisory
(‘the original investigation’), by Regulation (EC) No
Committee, that sufficient evidence existed for the
1942/2004 ( 2 ), imposed a definitive anti-dumping duty
initiation of an expiry review and a partial interim
on imports of okoumé plywood originating in the
review limited to the examination of injury pursuant to
People’s Republic of China (PRC). The duty levels
Articles 11(2) and 11(3) of the basic Regulation, the
imposed ranged from 6,5
% to 23,5
% for four
Commission published a notice of initiation of these
producers and 66,7 % for all other producers.
reviews in the Official Journal of the European Union ( 4 )
(notice of initiation).
2. Request for an expiry review and ex officio
initiation of a partial interim review
3. Investigation
(2) Following the publication of a notice of impending
expiry ( 3 ) of the anti-dumping measures in force on
3.1. Investigation period
imports of okoumé plywood originating in the PRC,
the Commission received a request for an expiry review
(6) The
investigation
of
the
likelihood
of
continuation
or
pursuant to Article 11(2) of the basic Regulation.
recurrence of dumping covered the period from
1 October 2008 to 30 September 2009 (the ‘review
investigation period’ or ‘RIP’).
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 2 ) OJ L 336, 12.11.2004, p. 4.
( 3 ) OJ C 114, 19.5.2009, p. 11.
( 4 ) OJ C 270, 11.11.2009, p. 24.

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L 28/2
EN
Official Journal of the European Union
2.2.2011
(7) The
examination
of
the
trends
relevant
for
the (13) The
Commission
sent
questionnaires
to
the
five
sampled
assessment of the likelihood of a continuation or
Union producers. Two of the sampled companies ceased
recurrence of injury covered the period from 1 January
cooperating after the sampling phase. Given that the
2006 to the end of the RIP (the ‘period considered’).
three companies submitting questionnaire replies still
represented about 30 % of the sales by all Union
producers to unrelated customers in the Union during
the RIP, it was considered that the sample was still repre
3.2. Parties concerned by this investigation
sentative.
(8) The
Commission
officially
advised
the
known
Union
producers, the exporting producers in the PRC, users
and importers which were known to be concerned as
(14) The
Commission
also
sent
a
mini-questionnaire
to
the
well as the authorities of the PRC, of the initiation of
five producers which had not been selected in the
the reviews.
sample, the two which had stopped cooperation and

two other known producers, in order to obtain
information on economic indicators referring to a
greater number of Union producers. Replies to these
(9) Interested
parties
were
given
an
opportunity
to
make
mini-questionnaires were received from seven producers.
their views known in writing and to request a hearing
within the time limits set in the notice of initiation. All
interested parties who so requested and showed that
5. Verification of information received
there were particular reasons why they should be
heard, were granted a hearing.
(15) The
Commission
sought
and
verified
all
the
information
it deemed necessary for the purpose of the determination
of the continuation or likelihood of recurrence of
dumping and injury and the Union interest. Verification
4. Sampling
visits were carried out at the premises of the following
companies:
(10) In view of the apparent high number of Union
producers, importers and exporting producers in the
PRC it was considered appropriate, in accordance with
5.1. Union producers
Article 17 of the basic Regulation, to examine whether
sampling should be used. In order to enable the
Commission to decide whether sampling would be
— GARNICA PLYWOOD SA (Spain),
necessary and, if so, to select a sample, the above
parties were requested to make themselves known
within 15 days of the initiation of the review and to
provide the Commission with the information
— JEAN THBAULT SAS (France),
requested in the notice of initiation.
— JOUBERT ST-JEAN-D’ANGLY SAS (France).
(11) Only
one
Chinese
exporting
producer
came
forward
and
provided the requested information within the given
5.2. Producers in the analogue country
deadline. It was therefore decided that sampling was
not necessary in respect of Chinese exporting producers.
A questionnaire was sent to the only cooperating Chinese
— EKOL KONTRPLAK, Taskprü (Turkey).
exporting producer, which however subsequently stopped
cooperating and never submitted a reply to the ques
tionnaire. Therefore, as explained in recital 20, in
B. PRODUCT CONCERNED AND LIKE PRODUCT
accordance with the provisions of Article 18(1) of the
basic Regulation, the findings were based on the facts
1. Product concerned
available.
(16) The product concerned is the same as in the original
investigation and is defined as follows: plywood
consisting solely of sheets of wood, each ply not
(12) Ten
Union
producers
provided
the
requested
information
exceeding 6 mm thickness, with at least one outer ply
within the given deadline and agreed to be included in
of okoumé not coated by a permanent film of other
the sample. On the basis of the information received
materials, originating in the PRC, currently falling
from the cooperating Union producers, the Commission
within CN code ex
4412
31
10 (previously
selected a sample of five Union producers representing
ex 4412 13 10). The product concerned is used for a
about 40 % of the sales by all Union producers to
wide variety of end-uses. It is used in the building
unrelated customers in the Union in the RIP and about
industry in exterior joinery and carpentry applications
35 % of the production by all Union producers in the
for boarding, shutter boards, exterior basements and
RIP. The sample was selected on the basis of the largest
balustrades and riverside panelling. It is also used for
representative sales volume that could reasonably be
more decorative purposes in, inter alia, road transports
investigated within the time available and taking into
(e.g. cars, coaches, caravans, camping cars), maritime
account the geographical spread of the Union producers.
transports (yachts), furniture industry and doors.

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EN
2.2.2011 Official
Journal
of
the
European
Union L
28/3
(17) There are two main types of okoumé plywood, plywood
(23) In the notice of initiation Turkey, which had already been
made solely with okoumé (‘full okoumé’) and plywood
used as analogue country in the original investigation,
with at least one of the outer faces made of okoumé
was envisaged as an appropriate analogue country for
(‘faced okoumé’), the rest being made of other wood.
the purpose of establishing normal value for the PRC
Both main types of okoumé plywood have the same
in the present expiry review. Although invited to do
external appearance. Despite differences in mechanical
so, none of the interested parties commented on the
properties, they all share the same basic physical char
choice of Turkey. Therefore, on the basis of the
acteristics, and are basically used for the same purposes.
information available at the time of selection, it was
concluded that Turkey was the most appropriate
analogue country.
2. Like product
(18) As
shown
in
the
original
investigation,
and
as
confirmed
1.2. Determination of normal value
in the present investigation, it has been established that
the okoumé plywood manufactured in the PRC and sold
(24) One
Turkish
producer
cooperated
and
submitted
a
ques
domestically as well as the product manufactured and
tionnaire reply. Pursuant to Article 2(7)(a) of the basic
sold in the Union by the Union industry were found
Regulation, normal value was calculated on the basis of
to have basically the same physical and technical char
the data verified at the premises of that cooperating
acteristics and the same uses. Therefore, these products
Turkish producer as set out below.
are considered to be like products within the meaning of
Article 1(4) of the basic Regulation.
(25) Normal
value
was
established
for
both
main
product
types described in recital 17. For one main product
C. LIKELIHOOD OF CONTINUATION OR RECURRENCE
type normal value was based on the prices paid or
OF DUMPING
payable on sales made in the domestic market of
Turkey, as these were found to be made in representative
(19) In
accordance
with
Article
11(2)
of
the
basic
Regulation,
quantities and in the ordinary course of trade. For the
it was examined whether dumping was likely to continue
other main product type, which was produced by the
or recur upon a possible expiry of the measures in force
Turkish producer but not sold on the domestic market,
against the PRC.
constructed normal value was used in accordance with
Article 2(3) of the basic Regulation.
(20) As
stated
in
recital
11,
in
accordance
with
Article
18
of
the basic Regulation, and in absence of any cooperation
(26) To construct normal value pursuant to Article 2(3) of the
by Chinese exporting producers, the analysis of like
basic Regulation, the selling, general and administrative
lihood of continuation or recurrence of dumping had
(SG & A) expenses incurred and the weighted average
to be based on information available to the Commission
profit realised on domestic sales of the like product, in
from other sources. In this respect, since no detailed
the ordinary course of trade, was added to the average
information was available about the precise product
cost of production during the RIP.
types exported to the Union from the PRC, the
comparison of normal value and export prices had to
be limited to the two main types of okoumé plywood,
2. Export price
referred to in recital 17.
(27) As stated above, in the absence of any cooperation from
Chinese exporting producers and in accordance with
(21) As a consequence, the analysis was mainly based on
Article 18 of the basic Regulation, the export price was
Eurostat trade statistics. In addition, one Chinese
established on the basis of available Eurostat trade
exporting producer had submitted until June 2009 the
statistics. Since Eurostat does not contain information
periodic monitoring reports required under recital 61 of
per product type of okoumé plywood, in order to
the Regulation (EC) No 1942/2004. To some extent,
assess export prices for each of the two main types of
information from these reports could therefore be used
okoumé plywood, these figures were adjusted on the
in the analysis of likelihood of continuation or recurrence
basis of the price difference in per cent between full
of dumping.
and faced okoumé plywood as observed for the
Turkish cooperating producer. The price difference so
obtained was then applied to the weighted average
Eurostat prices.
1. Normal value
1.1. Analogue country
(28) As for the volumes, starting from the Eurostat total
(22) According
to
Article
2(7)(a)
of
the
basic
Regulation,
in
volumes, Chinese export volumes for each of the two
economies in transition, normal value for exporting
main types of okoumé plywood have been calculated,
producers not granted market economy treatment has
on the basis of the proportion between full okoumé
to be established on the basis of the price or constructed
and faced okoumé observed in the monitoring reports
value in a market economy third country (‘analogue
referred to in recital 21, for the period overlapping with
country’).
the RIP.

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Official Journal of the European Union
2.2.2011
3. Comparison
estimate, as is the product mix, which has an
important impact on the possible quantities produced,
(29) In
order
to
ensure
a
fair
comparison
between
normal
and is unknown due to the lack of cooperation from
value and the export price, due allowance in the form
any Chinese exporting producers. However, an estimation
of adjustments was made for differences affecting prices
of production capacity based on okoumé logs clearly
and price comparability in accordance with Article 2(10)
shows that, in any product mix scenario, the production
of the basic Regulation. On this basis, adjustments for
capacity in the PRC is largely above the volumes
differences in transport costs, ocean freight and insurance
consumed in the Union market (291 000 m 3 in the
costs, handling, loading and ancillary costs were deducted
RIP, see recital 41).
where applicable and justified. In the absence of coop
eration from Chinese exporting producers, the amounts
for these allowances were established on the basis of
facts available.
(34) Furthermore,
it
was
established
both
during
the
current
review as well as in the original investigation, that
plywood made from different wood species is produced
4. Dumping margin
by the same companies, on the same equipment.
Therefore, it can be expected that, in the absence of
(30) The
dumping
margin
found,
expressed
as
a
percentage
of
measures, Chinese producers which are currently
the CIF Union frontier price, duty unpaid was 34,2 %.
focussing on the production of other, less lucrative
types of plywood may increasingly shift their production
toward okoumé plywood. According to Chinese export
5. Likely development of imports should measures
statistics, Chinese exports of plywood accounted for
be repealed
more than 5 million m 3 during the RIP, or around 17
times the Union market of okoumé plywood.
5.1. Preliminary remarks
Consequently, only a minor shift in product mix is
needed to substantially increase the volumes of okoumé
(31) Further to the analysis of the existence of dumping
plywood available for export.
during the RIP, the likelihood of continuation of
dumping was also examined. In the absence of coop
eration from any Chinese exporting producers,
conclusions about volume of imports and spare
capacity below are based on facts available in accordance
5.4. Volume and price of imports from the PRC to the Union
with Article 18 of the basic Regulation, namely trade
and other third countries
statistics and submissions by interested parties.
(35) In
2009
and
based
on
Chinese
export
data,
the
Union
was the destination for only a small portion (ca. 5 %) of
Chinese exports of tropical plywood. As compared to the
5.2. Volume of imports
prices to other markets, these sales were made at
relatively high sales prices. Therefore, it is likely that,
(32) According to Eurostat trade statistics, actual imports of
should measures be repealed, a larger share of Chinese
okoumé plywood from the PRC into the Union
exports of okoumé plywood would be directed to the
significantly dropped since the original IP, but Chinese
Union.
producers managed to maintain a presence on the Union
market, holding a 4,7 % market share during the RIP.
5.5. Conclusion on the likelihood of continuation of dumping
5.3. Production capacity, spare capacity
(36) The investigation showed that the product concerned is
(33) In
the
absence
of
cooperation
from
Chinese
exporting
still sold on the Union market at dumped prices and in
producers of okoumé plywood, the situation of the
not insignificant volumes. Moreover, the information
Chinese plywood industry as a whole (producing
available indicates that the production volumes in the
plywood from all species of wood) was examined. As
PRC are very high and that the share of its exports to
indicated in recital 89 of Commission Regulation (EC)
the Union is currently restrained due to the measures in
No 988/2004 (
place. In this respect, it can be expected that okoumé

1 ) imposing provisional anti-dumping
duties in the course of the original investigation,
plywood currently exported to other countries at lower
plywood producers can and do produce plywood made
prices will be redirected to the Union market should
up from different species of wood on the same
measures be repealed. In addition, Chinese producers of
equipment. The applicant provided a calculation of the
plywood are expected to increase their production of
volume of okoumé plywood produced in the PRC, based
okoumé plywood if measures would lapse as the Union
on the number of okoumé logs available on the Chinese
market of okoumé plywood is relatively lucrative.
market, which was estimated at around 900 000 m 3 for
the RIP. The applicant also estimated that around 85 %
or 765 000 m 3 are used for the production of plywood.
The actual okoumé plywood production is difficult to
(37) In
view
of
these
findings,
it
is
therefore
concluded
that
there is a likelihood of continuation of dumping should
( 1 ) OJ L 181, 18.5.2004, p. 5.
the current anti-dumping measures be allowed to lapse.

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EN
2.2.2011 Official
Journal
of
the
European
Union L
28/5
D. DEFINITION OF THE UNION INDUSTRY
2. Volume, market share and prices of imports from
the PRC
(38) Within the Union, the like product is known to be
manufactured by sixteen producers in Cyprus, France,
(42) Actual imports of the product concerned into the Union
Greece, Italy, Portugal and Spain. Total Union production
dropped from 83 606 m 3 in the original IP to 23 531
is estimated at 235 000 m 3 . The Union producers
m 3 in 2006. Thereafter, these imports increased by more
accounting for the total Union production constitute
than 20 % between 2006 and 2008 and dropped sharply
the Union industry within the meaning of Article 4(1)
between 2008 and the RIP to 54 % of the 2006 level.
of the basic Regulation. During the period considered in
the original investigation, the Union market consisted of
the EU-15 Member States. However, since okoumé
plywood production in the new EU-12 Member States
Imports (m 3 ) 2006 2007 2008 RIP
is rather insignificant, a comparison between the current
and the original investigation will be meaningful.
PRC 23
531 37
023 28
493 12
620
Index (2006 = 100 157 121 54
100)
(39) As
mentioned
in
recital
10,
a
sample
of
three
producers,
representing about 30 % of the Union sales by all Union
Source: Eurostat.
producers to unrelated customers during the RIP and
about 26 % of production by all Union producers
during the RIP, was investigated in detail. The sample
consisted of the following companies:
(43) The corresponding market share increased by 3,4
percentage points between 2006 and 2007. It
decreased by 1,3 percentage points between 2007 and
— GARNICA PLYWOOD SA (Spain),
2008 and dropped further by 4,1 percentage points
between 2008 and the RIP. Altogether, the market
share of Chinese imports to the Union decreased by 2
— JEAN THBAULT SAS (France),
percentage points over the period considered.
— JOUBERT ST-JEAN-D’ANGLY SAS (France).
Market shares 2006 2007 2008 RIP
E. SITUATION ON THE UNION MARKET
PRC 6,3
% 9,7
% 8,4
% 4,3
%
1. Union consumption
Source: Questionnaire replies, review request and Eurostat.
(40) Union
consumption
of
okoumé
plywood
was
established
on the basis of sales volumes of the Union industry and
of other Union producers on the Union market and the
(44) Average
prices
of
imports
of
the
product
concerned
from
volume of imports from third countries into the Union
PRC increased by 32 % between 2006 and the RIP. More
based on Eurostat data.
specifically, these prices increased by 22 % between 2006
and 2007, further by 3 percentage points between 2007
and 2008 and by another 7 percentage points between
(41) Altogether, between the IP in the original investigation
2008 and the RIP.
and the RIP of the current review, Union consumption
has decreased by 35 %. During the period considered in
the current review, Union consumption has decreased by
22 %. This is generally explained by the fact that okoumé
Imports (EUR/m 3 ) 2006 2007 2008 RIP
plywood has to a certain extent been substituted by other
tropical wood species, such as red canarium, bankirai or
PRC 485 590 608 642
meranti. In 2008 and the RIP, the economic crisis and
Index (2006 = 100 122 125 132
the consequent reduction of certain industrial activities
100)
contributed to the declining trend in demand for
okoumé plywood in the Union.
Source: Eurostat.
2006 2007 2008 RIP
3. Price undercutting
Total Union
375 105 382
976 339
914 291
421
consumption
(45) For
the
purposes
of
analysing
price
undercutting
the
(m 3 )
weighted average sales prices per product type of the
sampled Union industry to unrelated customers on the
Index (2006 = 100 102 91 78
Union market were compared with the corresponding
100)
weighted average prices of the imports concerned. The
comparison was made after deduction of rebates and
Source: Questionnaire replies, review request and Eurostat.
discounts.

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Official Journal of the European Union
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(46) On
this
basis
it
was
established
that
on
average
Chinese
(b) Production capacity and capacity utilisation
imports undercut the Union industry’s sales prices by
10 % during the RIP.
(50) The
production capacity of the Union industry has
increased by 33 % between 2006 and 2007 and
further by 12 percentage points between 2007 and
2008. Between 2008 and the RIP, production capacity
remained stable. Altogether, production capacity of the
(47) In
the
original
investigation
an
adjustment
was
made
for
Union industry increased by 45 % over the period
the difference in quality between the product concerned
considered. Capacity utilisation was 51 % in 2006 and
imported from the PRC and the like product sold by the
it dropped further to 41 % during the RIP.
Union industry. In the present investigation, the codifi
cation of product types in the questionnaires was
adjusted in a way to take this into account. Therefore,
as the quality difference was taken into account in the
present investigation and since no data was received from
Chinese exporting producers on eventual additional
2006 2007 2008 RIP
differences in quality, the adjustment made in the
Production
399 016 532
415 578
484 577
205
original investigation was not applied in the present
capacity (m 3 )
investigation. During the IP of the original investigation,
the products concerned originating in the PRC were sold
Index (2006 = 100 133 145 145
in the Union at prices which undercut the Union
100)
industry’s prices by margins ranging from 11 % to 52 %.
Capacity
51 % 50
% 45
% 41
%
utilisation
Index (2006 = 100 98 89 80
100)
4. Economic situation of the Union industry
Source: Questionnaire replies and review request.
Preliminary remarks
(48) All
injury
indicators
listed
in
Article
3(5)
of
the
basic
Regulation have been analysed. Indicators on the
production volume, production capacity, capacity utili
(c) Employment
sation, employment, sales volume, sales prices, produc
tivity and market share have been analysed on the basis
(51) The
employment
level
of
the
Union
industry
shows
an
of data collected for the whole Union industry. As
increase of 11 % between 2006 and the RIP. More
regards all other injury indicators, their examination
specifically, the number of people employed increased
was based on the information submitted by the
by 21 % between 2006 and 2007 and remained close
sampled Union producers as verified at the premises of
to this level in 2008. Between 2008 and the RIP the
each company.
number of employees dropped by 9 percentage points.
As a consequence of company closures and restructuring,
the employment level in the period considered never
reached the levels noted during the original investigation.
Data relating to the Union industry as a whole
(a) Production
(49) The
production
volume
of
the
Union
industry
increased
2006 2007 2008 RIP
by 31 % between 2006 and 2007 and dropped by 2
percentage points between 2007 and 2008 and by
Employment
883 1
064 1
060 983
another 13 percentage points between 2008 and the
(persons)
RIP. Despite the 16 % increase in production volume
Index (2006 = 100 121 120 111
between 2006 and the RIP, the production volume of
100)
the Union industry stays below the volumes found in the
original investigation i.e. below 283 265 m 3 in 2002 and
Source: Questionnaire replies and review request.
267 591 in the original IP.
(d) Sales volume
2006 2007 2008 RIP
(52) Over the period considered, the Union sales volume of
Production (m 3 ) 203
604 267
155 263
080 235
182
the Union producers to unrelated customers decreased by
16 %. Between 2006 and 2007, sales remained stable
Index (2006 = 100 131 129 116
before dropping in 2008 and in the RIP. Sales volumes
100)
during the period considered were in the same order of
magnitude as compared to the period considered in the
Source: Questionnaire replies, review request and Eurostat.
original investigation.

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2.2.2011 Official
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European
Union L
28/7
2006 2007 2008 RIP
2006 2007 2008 RIP
Union sales
277 739 272
341 242
728 233
333
Market share
74,3 % 71,3
% 71,6
% 80,2
%
volume (m 3 )
Union
producers
Index (2006 = 100 98 87 84
100)
Source: Questionnaire replies, review request and Eurostat.
Source: Questionnaire replies and review request.
(h) Magnitude of the dumping margin and recovery from past
dumping
(e) Sales prices
(56) During
the
RIP,
despite
the
measures
in
force,
substantial
(53) Between 2006 and 2007 average sales prices of the
dumping continued albeit at an overall lower level than
Union industry on the Union market to unrelated
that established in the original investigation. Given the
customers increased by 13 % and by a further 5
volume and the price of the dumped imports, the impact
percentage points between 2007 and 2008. During the
of the actual margin of dumping, which is significant,
RIP, these prices turned back to the level of 2007. Alto
cannot be considered negligible. Although some
gether, Union sales prices have increased by 13 % over
recovery from the past dumping could be established,
the period considered.
the Union industry remains vulnerable to the injurious
effects of any dumped imports in the Union market.
2006 2007 2008 RIP
Unit price
786 885 930 887
Union market
(57) Concerning
the
overall
situation
of
the
Union
industry,
it
(EUR/m 3 )
has been found that several producers have closed down
since the original investigation. According to information
Index (2006 = 100 113 118 113
100)
available, the biggest Union producer of the original IP
went bankrupt in 2008 and it first reduced and then
Source: Questionnaire replies and review request.
completely stopped production. Two other Union
producers sampled in the original investigation closed
down in 2005 and 2006 respectively. Another French
(f) Productivity
producer also closed down at the beginning of 2009. In
addition, a Greek producer has substantially reduced
(54) Productivity of the Union producers’ workforce,
production. These developments, even though they may
measured as annual output (cubic metres) per person
have contributed to an increased market share of the
employed, increased by 4 % over the period considered.
remaining Union producers, show that the Union
This reflects the fact that production increased at a higher
industry on the whole is still fragile and vulnerable.
pace than the employment level and is an indication of
the improved efficiency by the Union producers.
Data relating to the sampled Union producers
2006 2007 2008 RIP
Productivity
231 251 248 239
(a) Stocks
(m 3 per
employee)
(58) The level of closing stock of the sampled Union
producers increased by almost five times over the
Index (2006 = 100 109 108 104
period considered. Compared to the period covered by
100)
the original investigation, where okoumé plywood was
merely produced on order, higher volumes appear to be
Source: Questionnaire replies and review request.
kept in stock during the period considered. This is
particularly the case in 2008 and the RIP as a conse
quence of dropping sales volumes.
(g) Market share
(55) The
market
share
of
the
Union
industry
increased
by
almost 6 percentage points during the period considered.
More specifically, it dropped by 3 percentage points
Sample 2006 2007 2008 RIP
between 2006 and 2007 and remained fairly stable
Closing stock
1 419 3
954 6
805 6
589
between 2007 and 2008. Between 2008 and the RIP it
(m 3 )
increased by 8,6 percentage points to 80,2 %. The
increase of the Union industry’s market share over the
Index (2006 = 100 279 480 464
period considered is reflecting a decrease in Union sales
100)
against a more pronounced decrease in Union
Source: Questionnaire replies.
consumption.

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L 28/8
EN
Official Journal of the European Union
2.2.2011
(b) Wages
(59) The
annual
labour
cost
of
the
sampled
Union
producers
increased
by
26
%
over
the
period
considered. More specifically, annual labour cost increased by 29 % between 2006 and 2007.
Further, it dropped by 3 percentage points between 2007 and 2008. Between 2008 and the RIP
it remained stable.
Sample 2006 2007 2008 RIP
Annual labour cost (EUR) 6
429
123 8
262
078 8
125
944 8
100
326
Index (2006 = 100) 100 129 126 126
Source: Questionnaire replies.
(c) Profitability and return on investments
(60) The profitability level of the sampled Union producers was 4,3 % in 2006 and it improved to 9,8 %
and 8,3 % in 2007 and 2008 respectively, before dropping to 5,9 % during the RIP. The return on
investments (‘ROI’), expressed as the profit in percent of the net book value of investments decreased
by 51 % over the period considered or from 12,5 % in 2006 to 6,2 % in the RIP.
Sample 2006 2007 2008 RIP
Profitability of Union (% of net sales) 4,3
% 9,8
% 8,3
% 5,9
%
Index (2006 = 100) 100 230 193 137
ROI (profit in % of net book value of
12,5 % 13,6
% 12,1
% 6,2
%
investments)
Index (2006 = 100) 100 109 97 49
Source: Questionnaire replies.
(d) Cash flow and ability to raise capital
(61) The
net
cash
flow
of
sampled
Union
producers
from
operating
activities
has
increased
by
32
%
over
the period considered. There were no indications that the Union industry encountered difficulties in
raising capital.
Sample 2006 2007 2008 RIP
Cash flow (EUR) 10
507
019 11
414
266 15
892
091 13
853
776
Index (2006 = 100) 100 109 151 132
Source: Questionnaire replies.
(e) Investments
(62) The sampled producers’ annual investments in the production of the like product increased by 10 %
between 2006 and 2007, by 100 percentage points between 2007 and 2008 and by a further 16
percentage points between 2008 and the RIP. Overall, investments increased by 126 % over the
period considered.
Sample 2006 2007 2008 RIP
Net investments (EUR) 3
588
258 3
959
491 7
520
975 8
108
166
Index (2006 = 100) 100 110 210 226
Source: Questionnaire replies.

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EN
2.2.2011 Official
Journal
of
the
European
Union L
28/9
5. Conclusion on the economic situation of the
in Cameroon. The complainant association has provided
Union industry
evidence that the Gabonese government has prohibited,
as of 1 January 2010, the export of unpeeled okoumé
(63) The
analysis
of
the
macroeconomic
and
microeconomic
logs from Gabon with the aim of keeping the trans
data shows that the Union industry is in a relatively
formation of the logs into veneers in the country. It
stable situation. In particular, the profitability level of
has been therefore examined whether such a ban,
the sampled Union producers has recovered from the
although it took place after the RIP, would have a
level of – 8,9 % found for the sampled producers in
substantial impact on the present analysis.
the original investigation and the average profitability
level has remained between 4,3 % and 9,8 % throughout
the period considered. The Union industry also managed
to increase its market share in a shrinking market thanks
to the measures in force.
(69) Information received in the investigation has indicated
that Asian companies, which import/export more than
60 % of Gabonese logs, seem to be in a strong
F. LIKELIHOOD OF RECURRENCE OF INJURY
position to negotiate with the Société Nationale des
Bois du Gabon (SNBG), the main exporter of okoumé
1. Impact of the projected volume of imports and
wood and with the Gabonese government and appear
price effects in case of repeal of measures
less impacted by the decision than European companies.
In the absence of the cooperation of Chinese exporting
(64) Although
the
Union
industry
seems
to
have
stabilised
producers, no further impact assessment could be carried
and recovered from the effects of the dumped imports
out in this respect.
from PRC, they have not reached the level of production,
sales and employment of the period before the original
investigation. A number of Union producers closed down
which also shows that the industry as a whole is still
somewhat fragile.
(70) The
export
ban
entered
into
force
on
1
January
2010
only, i.e. after the RIP and a transitory period until May
2010 applied to logs already cut at the end of 2009
which could still be exported. In order to examine the
(65) A number of elements support the likelihood of
effect of entry into force of the export ban on the Union
recurrence of injury in case measures were allowed to
producers, additional information was requested from the
lapse. Firstly, in the light of the current undercutting
members of the complainant association on
levels found for imports from the PRC and assuming
14 September 2010. Replies were received from four
that the current low level of import prices would
Union producers. Two of the sampled producers have
continue or even be reinforced in order to gain lost
their own peeling plant in Gabon and therefore appear
market share, the Union industry would not be in a
not to be affected by the ban. However, all sampled
position to maintain the current price level. This likely
producers confirmed the information that Chinese
depression of prices would indeed jeopardise the current
companies have a strong negotiating position to secure
recovery of the Union industry and undermine profit
access to raw material and that the effectiveness of the
ability.
enforcement of the law is still to be seen. Union
producers confirmed that okoumé supply has decreased
and prices have increased following the export ban on
logs in Gabon and that the producers which have an
(66) Secondly, in view of the considerable production
okoumé peeling plant in the Union suffer the most
capacities of the Chinese exporting producers, it is also
from the new situation.
likely that (dumped) imports would increase at low price
levels. This, in turn, would mean that the Union industry
would lose sales on the market, and given the already
low capacity utilisation rate during the RIP, this might
lead to further reduction of production or even further
closures of Union producers.
(71) In
any
event,
the
ban
applies
in
principle
to
all
exports,
i.e. also exports to the PRC. Therefore, the new legal
situation in Gabon does not seem to affect the analysis
in the present expiry review.
(67) On the basis of the above, it is concluded that in case the
measures are allowed to expire, there is a likelihood of a
recurrence of injury from renewed dumped imports of
the product concerned from the PRC.
2. Conclusion on the likelihood of recurrence of
injury
Other considerations: access to raw material in Gabon
(72) Based
on
the
above
analysis,
it
is
concluded
that
the
expiry of the measures would be likely to result in a
(68) Okoumé
is
a
tropical
wood
which
grows
predominantly
recurrence of injury to the Union industry caused by
in Gabon and to a lesser extent in Equatorial Guinea and
dumped imports of the product concerned from the PRC.

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L 28/10
EN
Official Journal of the European Union
2.2.2011
G. INTERIM REVIEW LIMITED TO THE INJURY
data from the fined French companies. Over the period
ASPECTS IN VIEW OF THE DECISION OF THE FRENCH
considered in the original investigation, profitability of
CONSEIL DE LA CONCURRENCE
the sampled companies decreased from 3,5
% to
– 8,9 %. If the fined French producers were excluded
(73) As
mentioned
in
recital
4,
a
number
of
French
producers
from the sample, profitability would have decreased
were subject to a French court proceeding into anti-
from 3,1 % to – 6,5 %. Return on investment of the
competitive behaviour due to which it was considered
sampled companies decreased from 15,6
% to
appropriate to initiate ex officio an interim review to re-
– 27,5 %; without the fined French producers it would
examine the injury situation of the Union industry in
have decreased from 19,3 % to – 38,9 %. Investments of
particular in comparison to the situation which
the sampled companies dropped by 80 %; without the
prevailed in the investigation period of the original inves
fined French producers it would have dropped by 86 %.
tigation.
Cash flow of the sampled producers decreased from 7,6
million EUR to 59 000 EUR; without the fined French
producers it would have decreased from 1,5 million EUR
to – 69 000 EUR. Concerning macroeconomic data of
(74) In the above mentioned court proceeding, the French
the Union industry as a whole, a more nuanced picture
Conseil de la Concurrence fined six French plywood
would be noted if the data from the fined French
producers for anti-competitive behaviour (i.e. applying
producers were excluded. Over the period considered in
the same price grills and simultaneous price increases)
the original investigation, production of the Union
during the period November 1995 to May 2004. In its
industry decreased by 10 %; without the fined French
judgement of 29 September 2009, the Cour d’Appel de
producers it would have decreased by 1 %. Employment
Paris confirmed the decision of the Conseil de la
in the Union industry dropped by 9 %; without the fined
Concurrence although it somewhat reduced the level of
French producers it would have remained stable. Sales
the fines.
value of the Union industry decreased by 7 %; without
the fined French producers it would have increased by
5 %. Sales volume of the Union industry dropped by
10 %; without the fined French producers it would
have increased by 1 %.
(75) In the injury analysis of the original proceeding five
European producers were sampled: three French, one
Italian and one Portuguese. Two of the three French
producers in the sample were later subject to the fines
described above. In order to examine the possible
influence of the above anti-competitive behaviour on
(78) Therefore,
even
if
the
injury
picture
would
look
more
the injury analysis, first the average sales prices of each
nuanced when excluding the fined French companies,
of the companies in the original sample were compared.
there would still have been material injury in the
It was found that the two French producers which were
original investigation. This follows, in particular, from
later fined had indeed a higher average unit sales price
the development of the so-called microeconomic
than the other three companies in the sample. This price
indicators.
difference can be partially explained by the findings of
the original investigation i.e. by a different product mix
of these producers. However, when making the
comparison on a more detailed level, it appears that
unit sales prices of the two French producers in the
(79) It
has
also
been
examined
whether
the
anti-competitive
original IP were also higher for both full okoumé
behaviour of the French producers could have had a
plywood (7-30 % higher) and faced okoumé plywood
potential effect on the injury picture of the current
(3-19 %).
review. Firstly, since the cartel stopped in 2004, none
of the indicators could directly be influenced by anti-
competitive actions any longer. Therefore it was
assessed whether indirectly, i.e. through the cost of the
fines, there could still be an influence on the injury
(76) Therefore, in a next step, the data of the two fined
analysis. It has been found that none of the two
French companies were removed from the injury calcu
French producers in the sample included the amount of
lation and the injury picture of the original case was
the fine when calculating their profitability. Therefore it
examined on the basis of the data from the remaining
has been found that the past anti-competitive practices or
three sampled companies. As the macroeconomic
the fines imposed had no effect on the current injury
indicators (production, productivity, sales, market share,
analysis.
employment and growth) were based on information
provided by ten Union producers, the data of the other
fined French companies was also removed from this
calculation.
(80) Based on the above analysis, it is concluded that the anti-
competitive behaviour of French producers did not affect
the injury situation of the Union industry in particular in
(77) It was found that the findings of the original investi
comparison to the situation which prevailed in the inves
gation concerning the so-called microeconomic
tigation period of the original investigation. Therefore,
indicators would not change significantly without the
the partial interim review should be terminated.

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EN
2.2.2011 Official
Journal
of
the
European
Union L
28/11
H. UNION INTEREST
However, none of these claims have been substantiated.
In the absence of any evidence suggesting that the
(81) In
accordance
with
Article
21
of
the
basic
Regulation,
it
current anti-dumping measures in force considerably
was examined whether there are compelling reasons not
affected importers, it is concluded that the continuation
to maintain the existing anti-dumping measures. The
of measures will not affect the Union importers to any
determination of the Union interest was based on an
significant extent.
appreciation of all the various interests involved. All
interested parties were given the opportunity to make
their views known pursuant to Article 21(2) of the
basic Regulation.
3. Interest of users in the Union
(87) Questionnaire
replies
were
received
from three
users
located in Italy, Greece and France respectively. Given
(82) It
should
be
recalled
that,
in
the
original
investigation,
that none of them purchased the product concerned
the adoption of measures was considered not to be
from the PRC and in the absence of further evidence
against the interest of the Union. Furthermore, the fact
suggesting that the current anti-dumping measures in
that the present investigation is a review, thus analysing a
force considerably affected users, it can be concluded
situation in which anti-dumping measures have already
that the maintenance of the measures would not have
been in place, allows the assessment of any undue
a significant negative impact on users in the Union.
negative impact on the parties concerned by the
current anti-dumping measures.
4. Conclusion on Union interest
(83) On
this
basis
it
was
examined
whether,
despite
the
(88) It
is
thus
considered
that
no
compelling
Union
interest
conclusions on the likelihood of a continuation or
reasons exist against the maintenance of the measures in
recurrence of injurious dumping, compelling reasons
force.
existed which would lead to the conclusion that it is
not in the Union interest to maintain measures in this
particular case.
I. ANTI-DUMPING MEASURES
(89) All
parties
were
informed
of
the
essential
facts
and
1. Interest of the Union industry and other Union
considerations on the basis of which it was intended to
producers
recommend that the existing measures be maintained.
(84) The continuation of the anti-dumping measures on
imports from the country concerned would enhance
the possibility for the Union industry to reach a
reasonable level of profitability, as it would help
Company
Rate of duty
avoiding that the Union industry is pushed out of the
(%)
market by substantial volumes of dumped imports from
the PRC. Indeed, there is a clear likelihood of injurious
Nantong Zongyi Plywood Co. Ltd 9,6
dumping in substantial volumes which the Union
Zhejiang Deren Bamboo-Wood Tech
23,5
industry could not withstand. The Union industry
nologies Co. Ltd
would therefore continue to benefit from the main
tenance of the current anti-dumping measures.
Zhonglin Enterprise (Dangshan) Co. Ltd 6,5
Jiaxing Jinlin Lumber Co. Ltd 17
All other companies 66,7
(85) Accordingly, it is concluded that the maintenance of anti-
dumping measures against the PRC would clearly be in
the interest of the Union industry and other Union
producers.
(90) They
were
also
granted
a
period
within
which
they
could
make representations subsequent to this disclosure. The
submissions and comments were duly taken into
consideration where warranted.
2. Interest of unrelated importers in the Union
(86) Two
unrelated
Union
importers
cooperated
in
the
inves
tigation. Both opposed the continuation of the measures
and claimed that the measures were ineffective, that
(91) It
follows
from
the
above
that,
as
provided
for
by
Chinese products are not comparable to like products
Article 11(2) and Article 11(3) of the basic Regulation,
produced by the Union industry due to quality
the anti-dumping measures applicable to imports of
differences and expressed doubts about the competi
okoumé plywood originating in the PRC should be main
tiveness of the Union okoumé plywood industry.
tained.

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L 28/12
EN
Official Journal of the European Union
2.2.2011
(92) The individual company anti-dumping duty rates
by a permanent film of other materials, currently falling within
specified in this Regulation are solely applicable to
CN code ex 4412 31 10 (TARIC code 4412 31 10 10) and orig
imports of the product concerned produced by these
inating in the People’s Republic of China.
companies and thus by the specific legal entities
mentioned. Imports of the product concerned manu
factured by any other company not specifically
mentioned in the operative part of this Regulation with
2. The rate of the anti-dumping duty applicable to the net,
its name and address, including entities related to those
free-at-Union frontier price, before duty, for the products
specifically mentioned, cannot benefit from these rates
described in paragraph 1 and manufactured by the companies
and shall be subject to the duty rate applicable to ‘all
listed below shall be as follows:
other companies’.
(93) Any
claim
requesting
the
application
of
these
individual
TARIC
anti-dumping duty rates (e.g. following a change in the
Manufacturer
Rate of duty
(%)
additional
code
name of the entity or following the setting up of new
production or sales entities) should be addressed to the
Nantong Zongyi Plywood Co. Ltd
9,6 A526
Commission ( 1 ) forthwith with all relevant information,
Xingdong Town, Tongzhou City, Jiangsu
in particular any modification in the company’s activities
linked to production, domestic and export sales
Province, People’s Republic of China
associated with, for instance, that name change or that
Zhejiang Deren Bamboo-Wood Tech
23,5 A527
change in the production and sales entities. If appro
nologies Co. Ltd
priate, this Regulation will then be accordingly
Linhai Economic Development Zone,
amended by updating the list of companies benefiting
Zhejiang,
from individual duty rates.
People’s Republic of China
Zhonglin Enterprise (Dangshan) Co. Ltd
6,5 A528
(94) In
order
to
minimise
the
risks
of
circumvention
due
to
Xue Lou Miao Pu, Dangshan County, Anhui
the high difference in the duty rates, it is considered that
special measures are needed in this case to ensure the
Province 235323, People’s Republic of
proper application of the anti-dumping duty. These
China
special measures include the presentation to the
Jiaxing Jinlin Lumber Co. Ltd
17 A529
Customs authorities of the Member States of a valid
commercial invoice, which shall conform to the
North of Ganyao Town, Jiashan, Zhejiang
requirements set out in the Annex to this Regulation.
Province, People’s Republic of China
Imports not accompanied by such an invoice shall be
All other companies 66,7 A999
made subject to the anti-dumping duty applicable to
‘all other companies’.
(95) Should
the
exports
by
one
of
the
companies
benefiting
from lower individual duty rates increase significantly in
3. The
application
of
the
individual
duty
rates
specified
for
volume after the imposition of the measures concerned,
the companies mentioned in paragraph 2 shall be conditional
such an increase in volume could be considered as
upon presentation to the customs authorities of the Member
constituting in itself a change in the pattern of trade
States of a valid commercial invoice, which shall conform to the
due to the imposition of measures within the meaning
requirements set out in the Annex. If no such invoice is
of Article 13(1) of the basic Regulation. In such circum
presented, the duty rate applicable to all other companies
stances and provided the conditions are met an anti-
shall apply.
circumvention investigation may be initiated. This inves
tigation may, inter alia, examine the need for the removal
of individual duty rates and the consequent imposition of
a country-wide duty,
4. Unless
otherwise
specified,
the
provisions
in
force
concerning customs duties shall apply.
HAS ADOPTED THIS REGULATION:
Article 2
Article 1
The partial interim review in accordance with Article 11(3) of
Regulation (EC) No 1225/2009 is hereby terminated.
1. A
definitive
anti-dumping
duty
is
hereby
imposed
on
imports of okoumé plywood, defined as plywood consisting
solely of sheets of wood, each ply not exceeding 6 mm
thickness, with at least one outer ply of okoumé not coated
Article 3
( 1 ) European Commission, Directorate-General for Trade, Directorate H,
This Regulation shall enter into force on the day following its
NERV-105, 1049 Bruxelles/Brussel, BELGIUM.
publication in the Official Journal of the European Union.

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EN
2.2.2011 Official
Journal
of
the
European
Union L
28/13
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 January 2011.
For the Council
The President
MARTONYI J.
ANNEX
A declaration signed by an official of the entity issuing the commercial invoice, in the following format, must appear on
the valid commercial invoice referred to in Article 1(3):
1. The name and function of the official of the entity issuing the commercial invoice.
2. The following declaration: ‘I, the undersigned, certify that the (volume) of [product concerned] sold for export to the
European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code)
in (country concerned). I declare that the information provided in this invoice is complete and correct.’
3. Date and signature.

---