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11.5.2012 Official
Journal
of
the
European
Union L
124/17
COMMISSION REGULATION (EU) No 402/2012
of 10 May 2012
imposing a provisional anti-dumping duty on imports of aluminium radiators originating in the
People’s Republic of China
THE EUROPEAN COMMISSION,
distributors, and other parties known to be concerned,
and representatives of the PRC of the initiation of the
proceeding. Interested parties were given an opportunity
to make their views known in writing and to request a
Having regard to the Treaty on the Functioning of the European
hearing within the time limit set in the notice of initi
Union,
ation.
Having regard to Council Regulation (EC) No 1225/2009 of
30 November 2009 on protection against dumped imports
(4) The
complainant,
other
Union
producers,
the
exporting
from countries not members of the European Community (
producers in the PRC, importers and distributors made

1 )
(‘the basic Regulation’), and in particular Article 7 thereof,
their views known. All interested parties, who so
requested and showed that there were particular
reasons why they should be heard, were granted a
hearing.
After consulting the Advisory Committee,
(5) In view of the apparent high number of Union
Whereas:
producers, importers and exporting producers sampling
was envisaged in the notice of initiation, in accordance
with Article 17 of the basic Regulation. In order to
enable the Commission to decide whether sampling
A. PROCEDURE
would be necessary and if so, to select a sample,
importers and exporting producers were asked to make
1. Initiation
themselves known to the Commission and to provide, as
specified in the notice of initiation, basic information on
(1) On
12
August
2011,
the
European
Commission
(the
their activities related to the product concerned (as
‘Commission’) announced, by a notice published in the
defined in section 3 below) during the period from July
Official Journal of the European Union ( 2 ) (‘Notice of Initi
2010-June 2011.
ation’), the initiation of an anti-dumping proceeding with
regard to imports into the Union of aluminium radiators
originating in the People’s Republic of China (‘PRC’).
(6)
In order to allow exporting producers to submit a claim
for market economy treatment (‘MET’) or individual
(2) The
proceeding
was
initiated
following
a
complaint
treatment (‘IT’), if they so wished, the Commission sent
lodged by the International Association of Aluminium
claim forms to the Chinese exporting producers known
Radiator Manufacturers Limited Liability Consortium
to be concerned and to the authorities of the PRC. Only
(AIRAL Scrl - ‘the complainant’), representing a major
one group of companies, Sira (Tianjin) Aluminium
proportion, in this case more than 25 % of the total
Products Co. Ltd and Sira Group (Tianjin) Heating
Union production of aluminium radiators. The
Radiators Co. Ltd (the ‘Sira Group’), came forward and
complaint contained prima facie evidence of dumping of
requested MET. Requests for IT were received from
the said product and of material injury resulting
Zhejiang Flyhigh Metal Products Co., Ltd. and Metal
therefrom, which was considered sufficient to justify
Group Co., Ltd.
the initiation of an investigation.
2. Parties concerned by the proceeding
(7) As
regards
the
Union
producers
and
as
duly
explained
in
recital 24 below, eight Union producers provided the
(3) The
Commission
officially
advised
the
complainant,
other
requested information and agreed to be included in a
known Union producers, the exporting producers in the
sample. On the basis of the information received from
PRC, producers in the analogue country, importers,
the cooperating Union producers, the Commission
selected a sample of four Union producers on the basis
( 1 ) OJ L 343, 22.12.2009, p. 51.
of their sales/production volume, their size and
( 2 ) OJ C 236, 12.8.2011, p. 18.
geographic location in the Union.

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L 124/18
EN
Official Journal of the European Union
11.5.2012
(8) As
explained
in
recital
27
below,
only
three
unrelated
— Radiatori 2000 S.p.A., via Francesca 54/A, 24040
importers provided the requested information and agreed
Ciserano, Bergamo, Italy
to be included in a sample. However two of these
importers did not import/purchase the product
concerned. Therefore, in view of the limited number of
Importers in the Union
cooperating importers, sampling was deemed to be no
longer necessary.
— Hydroland Chorobik Gawda Malec Wojtycza Sp.j.,
Jawornik 658, 32-400 Mylenice, Poland.
(9)
As explained in recital 28 below, 18 exporting producers
in the PRC provided the requested information and
agreed to be included in a sample. On the basis of the
Exporting producers in the PRC
information received from these parties, the Commission
selected a sample of two exporting producers having the
largest volume of exports to the Union.
— Zhejiang Flyhigh Metal Products Co., Ltd. (‘Zhejiang
Flyhigh’), Jinyun
(10) The
Commission
sent
questionnaires
to
all
parties
known
to be concerned and to all the other companies that
made themselves known within the deadlines set out in
— Metal Group Co., Ltd., Wuyi
the notice of initiation, namely to the exporting
producers in the PRC, the four sampled Union producers,
the cooperating importers in the Union and to the
3. Investigation period
European Consumers’ Organization BEUC, with the
request to send the users’ questionnaire to its associated
(14) The
investigation
of
dumping
and
injury
covered
the
companies.
period from 1 July 2010 to 30 June 2011 (the ‘investi
gation period’ or the ‘IP’). The examination of trends
relevant for the assessment of injury covered the period
from January 2008 to the end of the IP (‘period
(11) Replies
were
received
from
the
two
sampled
exporting
considered’).
producers in the PRC, from the four sampled Union
producers and one unrelated importer. None of the
users replied to the questionnaire.
B. PRODUCT CONCERNED AND LIKE PRODUCT
1. Product concerned
(12) In
addition,
one
claim
for
individual
examination
in
accrodance with Article 17(3) of the basic Regulation
(15) The product concerned is aluminium radiators and
was received from one group of related exporting
elements or sections of which such radiator is
producers. The examination of these claims at the
composed, whether or not such elements are assembled
provisional stage would have been too burdensome to
in blocks, excluding radiators and elements and sections
be carried out. A decision whether individual exam
thereof of the electrical type (‘the product concerned’).
ination will be granted to this group of companies will
The product concerned currently falls within CN codes,
be taken at the definitive stage.
ex 7615 10 10, ex 7615 10 90, ex 7616 99 10 and
ex 7616 99 90.
(13) The
Commission
sought
and
verified
all
the
information
deemed necessary for a provisional determination of
(16) The product definition was contested by the Sira Group
dumping, resulting injury and Union interest. Verification
based on an alleged difference between the two
visits were carried out at the premises of the following
production processes which are used to manufacture
companies:
radiators. Within the Sira Group there are two Chinese
exporting producers one of which used the die-casting
production technique whereas the second company used
Producers in the Union
the extrusion method. Sira Group argued that the
extrusion method should be excluded from the definition
of the product concerned because of alleged differences
in physical and technical characteristics, raw materials,
— Armatura Krakow SA, UL. Zakopianska 72, 30-418
production costs and sales prices and because the
Krakow, Poland;
extrusion technique is uncommon in the EU and in the
PRC.
— Fondital S.p.A., via Cerreto 40, 25079 Vobarno,
Brescia, Italy;
(17) Another
Chinese
party,
the
China
Chamber
of
Commerce
for Imports and Exports of Machinery and Electronic
Products (CCCME) requested clarification of this issue
— Global Srl, via Rondinera 51, 24060 Rogno,
because of differences in costs and prices of radiators
Bergamo, Italy;
manufactured by the two production techniques.

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EN
11.5.2012 Official
Journal
of
the
European
Union L
124/19
(18) In
this
respect,
although
there
are
minor
differences
it
is
physical and technical characteristics as well as the same
clear that the radiators produced by both methods have
basic uses and are therefore considered to be alike within
the same basic physical and technical characteristics and
the meaning of Article 1(4) of the basic Regulation.
have the same uses. Radiators produced by both methods
are highly substitutable. These basic characteristics are,
primarily, lightness, low thermal inertia and high heat
conductibility. Differences in costs and prices and the
C. SAMPLING
fact that the extrusion technique may involve the use
of a slightly different aluminium alloy do not change
1. Sampling of Union producers
these basic characteristics. In terms of price comparisons,
(24) In view of the apparent large number of Union
any differences are properly accounted for in the
producers, sampling was provided for in the notice of
structure of the product type comparison system
initiation for the determination of injury, in accordance
employed in this investigation (‘PCN-system’) which
with Article 17 of the basic Regulation.
means that only like for like comparisons would be
made.
(25) In the notice of initiation the Commission announced
that it had provisionally selected a sample of Union
(19) Furthermore,
aluminium
radiators
should
be
considered
as one single product whatever their manufacturing
producers. This sample consisted of four companies,
process because they are sold through the same
out of the eight Union producers that were known to
channels of sales and because end-user and consumer
produce the like product prior to the initiation of the
perception of them is that they are made of aluminium
investigation, selected on the basis of their sales volume,
(with well-known characteristics as mentioned above)
their size and geographic location in the Union. They
rather than any differentiation based on production
represented 66
% of the total estimated Union
method. In view of the above, this claim is therefore
production during the IP. Interested parties were invited
rejected.
to consult the file for inspection by interested parties and

to comment on the appropriateness of this choice within
15 days of the date of publication of the notice of initi
ation. One interested party requested to take also
(20) CCCME
also
contested
the
fact
that
steel
plate
or
even
production volume into consideration for the selection
cast iron radiators are not included within the product
of the sample. It was accepted to change the sample
scope. However, although such products have similar
accordingly. No interested party opposed to the final
uses, they have different basic physical and technical
sample composed of four companies.
characteristics as the basic raw material (aluminium
alloy) is replaced by steel or iron which have different
physical and technical characteristics in terms of weight,
thermal inertia and conductibility. This claim is therefore
2. Sampling of unrelated importers
rejected.
(26) In
view
of
the
potentially
large
number
of
importers
involved in the proceeding, sampling was envisaged for
importers in the notice of initiation in accordance with
(21) CCCME
made
further
comments
relating
to
references
in
Article 17 of the basic Regulation.
the complaint to sales via ‘tender processes’. These
comments revealed that it assumed that this concerned
public procurement. The tender processes referred to in
the complaint, however, related to normal business
(27) Only
three
unrelated
importers
provided
the
requested
practice whereby an EU purchaser of radiators asks
information and agreed to cooperate. Since two of
potential suppliers to quote prices before placing
these importers did not report imports or purchases
orders. None of the Chinese imports used in the calcu
the product concerned, sampling was no longer
lations involved a public procurement process.
deemed to be necessary.
(22) CCCME
also
commented
on
references
in
the
Complaint
3. Sampling of exporting producers
to ‘design radiators’, assuming that such radiators are
excluded from the product definition. Again, these
(28) A
total
of
18
exporting
producers
in
the
PRC
provided
comments were based on a misunderstanding as the
the requested information and agreed to be included in a
product definition does not exclude such radiators.
sample. These companies exported around 5 million
These comments were therefore dismissed.
elements ( 1 ) or slightly less than 50 % of the Chinese
exports to the EU market in the IP. On the basis of
the information received from these parties, the
Commission selected a sample of two exporting
2. Like product
producers having the largest representative volume of
(23) The
investigation
has
shown
that
aluminium
radiators
produced in and exported from the PRC and
( 1 ) In general, the aluminium radiator is presented in an array of
identical and assemblable elements. The elements can be
aluminium radiators manufactured and sold in the
assembled vertically or horizontally to form a prevalently horizontal
Union by the Union producers have the same basic
or prevalently vertical radiator.

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L 124/20
EN
Official Journal of the European Union
11.5.2012
production, sales and exports which could reasonably be
— The majority of the shares belong to private persons.
investigated within the time available. The two exporting
State officials appearing on the Boards of Directors or
producers, Zhejiang Flyhigh Metal Products Co., Ltd. and
holding key management positions shall either be in
Metal Group Co., Ltd., represented around 62 % of the
minority or it must be demonstrated that the
sales volume of the 18 exporting producers which
company is nonetheless sufficiently independent
provided data for the sampling exercise.
from State interference;
— Exchange rate conversions are carried out at the
(29) One
group of exporting
producers
(the Sira Group)
market rate; and
contested their exclusion from the sample on the basis
that it manufactured a certain type of radiator (using the
extrusion production method) and that its inclusion in
the sample would, therefore, increase the representativity
— State interference is not such as to permit circum
of the sample. However, the addition of one extra group
vention of measures if individual exporters are given
was not required as the sample originally selected yet
different rates of duty
represented more than 60 % of the exports reported by
the co-operating companies. In addition, it is not
necessary for the sample to cover all types of the
(33) Both
sampled
exporting
producers
claimed
IT.
These
product concerned. The claim for inclusion of Sira
claims were examined. The investigation showed that
Group was therefore rejected and the original sample
the sampled companies fulfilled all the conditions of
was confirmed.
Article 9(5) of the basic Regulation.
(34) Both
sampled
exporting
producers
were
therefore
granted
D. DUMPING
IT.
1. Market Economy Treatment and Individual
treatment
2. Analogue country
1.1. Market Economy Treatment (MET)
(35) According
to
Article
2(7)(a)
of
the
basic
Regulation,
(30) Pursuant
to
Article
2(7)(b)
of
the
basic
Regulation,
in
normal value for exporting producers not granted MET
anti-dumping investigations concerning imports orig
shall be established on the basis of the domestic prices or
inating in the PRC, normal value shall be determined
constructed normal value in an analogue country.
in accordance with paragraphs 1 to 6 of the said
Article for those exporting producers which were found
to meet the criteria laid down in Article 2(7)(c) of the
(36) In the notice of initiation, the Commission indicated its
basic Regulation.
intention to use Russia as an appropriate analogue
country for the purpose of establishing normal value
for the PRC and invited interested parties to comment
on this.
(31) However,
the
two
sampled
exporting
producers
only
requested Individual Treatment (‘IT’). MET criteria were
therefore not investigated.
(37) No comments were received concerning Russia as
proposed analogue country. None of the interested
parties suggested alternative analogue country producers
1.2. Individual Treatment (IT)
of like product in addition to those mentioned in the
complaint during the course of investigation.
(32) Pursuant
to
Article
2(7)(a)
of
the
basic
Regulation,
a
country-wide duty, if any, is established for countries
falling under that Article, except in those cases where
(38) No
co-operation
from
Russia
was
received
although
all
companies are able to demonstrate that they meet all
known Russian producers were contacted repeatedly
criteria set out in Article 9(5) of the basic Regulation.
during the investigation and received analogue country
Briefly, and for ease of reference only, these criteria are
questionnaires.
set out below:
(39) The
Commission through its own research tried to
— In the case of wholly or partly foreign owned firms
identify any additional producers in third countries.
or joint ventures, exporters are free to repatriate
capital and profits;
(40) Letters
and
questionnaires
were
therefore
sent
to
all
known producers in other third countries (i.e. Turkey,
Iran, Croatia, India, South Africa and Switzerland).
— Export prices and quantities, and conditions and
However, despite follow-up action ultimately no co-
terms of sale are freely determined;
operation was received.

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EN
11.5.2012 Official
Journal
of
the
European
Union L
124/21
(41) As explained in the recitals 38, 39 and 40 above, the
(46) Normal
value
was
constructed
by
adding
to
the
cost
of
investigation revealed no other market economy third
manufacturing of the EU industry its SG&A and profit.
country which could be used as an analogue country
Pursuant to Article 2(6) of the basic Regulation, the
in this proceeding. Consequently, in absence of such
amounts for SG&A and profit of 4,43 % were established
market economy third country, it was provisionally
on the basis of the actual data pertaining to production
concluded in accordance with Article 2(7)(a) of the
and sales in the ordinary course of trade of the like
basic Regulation, that it was not possible to determine
product of the EU producers.
normal value for the sampled producers based on the
domestic prices or constructed normal value in a
market economy third country or the price from such
a third country to other countries, including the Union,
4. Export prices
and that it was therefore necessary to determine normal
value based on any other reasonable basis, in this case on
(47) As
the
sampled
exporting
producers
were
granted
IT
and
the basis of the prices actually paid or payable in the
made export sales to the Union directly to independent
Union for the like product. This was considered appro
customers in the Union, the export prices were based on
priate due to the lack of cooperation as mentioned above
the prices actually paid or payable for the product
but also because of the size of the EU market, the
concerned, in accordance with Article 2(8) of the basic
existence of imports and the strong internal competition
Regulation.
on the EU market for this product.
5. Comparison
3. Normal Value
(48) The
comparison
between
normal
value
and
export
price
was made on an ex-works basis. For the purpose of
(42) As MET was not claimed by the two sampled companies,
ensuring a fair comparison between the normal value
the normal value for all Chinese exporting producers was
and the export price, due allowance in the form of
determined, as explained in recital 41 above, on the basis
adjustments was made for differences affecting prices
of the prices actually paid or payable in the Union for
and price comparability in accordance with Article 2(10)
the like product. Following the choice of the prices paid
of the basic Regulation. Appropriate adjustments for
or payable in the Union, normal value was calculated on
indirect taxes, freight, insurance, packing, handling and
the basis of the data verified at the premises of the
credit costs were granted in all cases where they were
sampled Union producers listed in recital 13 above.
found to be reasonable, accurate and supported by
verified evidence.
(43) In
accordance
with
Article
2(2)
of
the
basic
Regulation,
(49) For
one
of
the
exporting
producers
it
was
clear
that
the
the Commission first examined whether the EU sales of
company had not classified the product concerned
the like product to independent customers were repre
correctly when using the system as required by the ques
sentative. The Union sales of the Union producers of the
tionnaire. One of the specifications of product concerned
like product were found to be representative compared
related to the thermal output of the radiators. However
to the product concerned exported to the Union by the
the company did not posses evidence to support the
exporting producers included in the sample.
thermal output reported for its exported models. The
thermal output actually reported was not correct and
did not correspond to other specifications, such as
weight and dimensions. Therefore it was necessary to
use only the remaining specifications for comparison
(44) The
Commission
subsequently
examined
whether
these
purposes.
sales could be considered as having been made in the
ordinary course of trade pursuant to Article 2(4) of the
basic Regulation. This was done by establishing the
proportion of profitable EU sales to independent
(50) Using
the
PCN-system
to
classify
product
types,
there
customers. EU sales transactions were considered
was a high degree of matching for one sampled
profitable where the unit price was equal to or above
exporting producer. However, for the other sampled
the cost of production. Cost of production on the
exporting producer a resembling technique was
Union market during the IP was therefore determined.
employed because no direct matches could be identified.
This analysis showed that EU sales of some product types
Where the resembling technique was employed the
were profitable, i.e. the unit net sales price was above the
details were disclosed to the party involved.
calculated unit cost of production.
6. Dumping margins
(45) The normal value of each product type was based on the
(51) According
to
Article
2(11)
and
(12)
of
the
basic
Regu
actual sales price (ex-works) for profitable sales and on a
lation, the dumping margin for the sampled exporting
constructed normal value for non profitable sales.
producers was established based on the comparison of

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L 124/22
EN
Official Journal of the European Union
11.5.2012
the weighted average normal value with the weighted
questionnaire responses of the sampled Union producers,
average export price expressed as a percentage of the
was used in order to establish the total Union production
CIF Union frontier price, duty unpaid.
for the period considered.
(52) A
weighted
average
of
these
two
dumping
margins
was
calculated for the non sampled co-operating companies.
(56) Aluminium radiators were manufactured by eight

producers in the Union during the IP. All available
information concerning Union producers, including
information provided in the complaint and data
(53) Given the low degree of co-operation from the PRC
collected from Union producers before and after the
(below 50 %), it is considered appropriate that the
initiation of the investigation, was used in order to
countrywide dumping margin applicable to all other
establish the total Union production during the IP.
exporting producers in the PRC should be based on
the most dumped transactions to a particular customer
of the cooperating exporters.
(57) On
this
basis,
the
total
Union
production,
in
number
of
elements, was estimated to be around 64 million during
(54) The provisional dumping margins thus established,
the IP. Given that the Union producers supporting the
expressed as a percentage of the CIF Union frontier
complaint accounted for the total Union production,
price, duty unpaid, are as follows:
they constitute the Union industry within the meaning
of Articles 4(1) and 5(4) of the basic Regulation and will
be hereafter referred to as the ‘Union industry’.
Table 1
Company Name Status Dumping
Margin
2. Union consumption
Zhejiang Flyhigh IT 23,0
%
(58) Eurostat
import
statistics
could
not
be
used
in
this
inves
tigation since the CN codes covering aluminium radiators
Metal Group Co. Ltd. IT 70,8
%
include other aluminium products, such as electrical
radiator, as well.
Other co-operating companies 32,5
%
Countrywide dumping margin 76,6
%
(59) Union
consumption
was
thus
established
on
the
basis
of
the data contained in the complaint concerning in
particular the sales volume of the Union industry in
the Union and the imports made by the exporting
producers in the PRC. This data was cross-checked with
the received replies to the sampling questionnaires and
E. INJURY
the data obtained and verified at the premises of the
sampled Union producers and the exporting producers
1. Total Union production
in the PRC.
(55) All
available
information
concerning
Union
producers,
including information provided in the complaint, data
collected from Union producers before and after the
(60) On
this
basis
the
Union
consumption
was
found
to
have
initiation of the investigation, and the verified
developed as follows:
Table 2
2008 2009 2010 IP
Union consumption (elements) 46
000
000 40
500
000 39
000
000 44
246
066
Index (2009 = 100) 114 100 96 109
Source: Complaint data and questionnaire replies
(61) Total consumption on the EU market decreased by 3,8 % during the period considered. Between
2008 and 2009 there was a decrease by about 12 %, in line with the global negative effects of the
economic crisis, after which consumption decreased further by 3,7 %. It however recovered from
2010 to the IP, when it increased by 13,5 %, but it did not reach the initial level of 2008. The above
table also shows that consumption increased by 9 % in the period from 2009 to the IP.

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EN
11.5.2012 Official
Journal
of
the
European
Union L
124/23
3. Imports from the country concerned
(62) Imports into the Union from the PRC developed as follows during the period considered:
Table 3
2008 2009 2010 IP
Volume of imports from the PRC (elements) 6
000
000 7
000
000 8
000
000 10
616
576
Index (2009 = 100) 86 100 114 152
Market share 13,0
% 17,3
% 20,5
% 24,0
%
Index (2009 = 100) 75 100 119 139
Source: Complaint data and questionnaire replies
(63) Notwithstanding the evolution of consumption, the
sampled Union Producers charged to unrelated customers
volume of imports from the PRC increased significantly
on the Union market, adjusted to an ex-works level, were
by 77 % over the period considered. The increase was
compared to the corresponding weighted average prices
continuous and was the sharpest between 2010 and the
of the imports from the cooperating Chinese producers
IP (+ 33 %). Similarly, the market share held by Chinese
to the first independent customer on the Union market,
exporting producers shows a steady increasing trend over
established on a CIF basis, with appropriate adjustments
the period considered, passing from 13 % in 2008 to
for the existing customs duties and post-importation
24 % during the IP. This trend should be seen in the
costs.
light of the overall decrease in consumption by 3,8 %
during the same period.
(67) The
price
comparison
was
made
on
a
type-by-type
basis
3.1. Prices of imports and price undercutting
for transactions at the same level of trade, duly adjusted

where necessary, and after deduction of rebates and
Table 4
discounts. The result of the comparison, when
expressed as a percentage of the sampled Union
producers turnover during the IP, showed a weighted
Imports from the PRC 2008 2009 2010 IP
average undercutting margin of 6,1 % by the Chinese
Average price in
4,06 3,25 4,07 4,02
exporting producers.
EUR/elements
Index (2009 = 100) 125 100 125 123
Source: Complaint data and questionnaire replies
4. Economic situation of the Union industry
4.1. Preliminary remarks
(64) The
above
table
shows
that
the
average
import
price
(68) As
mentioned
in
recitals
24
and
25
above,
sampling
was
from the PRC slightly decreased during the period
used for the examination of the possible injury suffered
considered. In a first step, between 2008 and 2009, it
by the Union industry. It should be noted that one of the
decreased significantly by 20 %, then it increased by 25 %
Union producers included in the sample only started
between 2009 and 2010. Finally it decreased again
producing aluminium radiators in 2009. In order to
towards the end of the period considered.
provide a consistent trend analysis for the period
considered, it was considered appropriate to set 2009
as benchmark year for the injury analysis, namely
index 100. For the sake of completeness an index for
(65) The
investigation
also
showed
that
the
import
prices
from the PRC consistently remained below the sales
2008 has been also established based on the data
prices of the Union industry during the period
available.
considered. The drop in prices in 2009 coincided with
a sharp increase in Chinese market share from 13 % to
17,3 % of the Union market and the constant price
undercutting explains the steady increase in the market
(69) The
data
provided
and
verified
by
the
four
sampled
EU
share held by Chinese exporting producers in particular
producers was used in order to establish micro indi
between 2009 and the IP.
cators, such as unit price, unit cost, profitability, cash
flow, investments, return on investments, ability to
raise capital and stocks. The index for 2008 was estab
lished on the basis of the data available for the three
(66) In
order
to
determine
price
undercutting
during
the
IP,
existing producers in 2008 compared to the data of
the weighted average sales prices per product type of the
the same three producers in 2009 (index 100).

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L 124/24
EN
Official Journal of the European Union
11.5.2012
(70) The data provided for the eight EU producers of aluminium radiators was used to establish macro
indicators, such as Union industry production, production capacity, capacity utilization, sales volume,
market share and employment. The index for 2008 was established on the basis of the data available
for the seven existing producers in 2008 compared to the data available for the same seven
producers in 2009 (index 100).
(71) In the context of Article 3(5) of the basic Regulation, the examination of the economic situation of
the Union industry over the period considered includes an evaluation of all economic factors
established mentioned in that Article.
4.2. Production, production capacity and capacity utilization
Table 5
2008 2009 2010 IP
Production volume (elements) 55
533
555 60
057
377 64
100
484
Index (2009 = 100) 116 100 108 115
Production capacity (elements) 93
426
855 95
762
788 107
218
125
100 103 115
Capacity utilisation 70
% 59
% 63
% 60
%
Index (2009 = 100) 119 100 106 101
Source: Complaint data and questionnaire replies
(72) All available information concerning Union producers, including information provided in the
complaint, data collected from Union producers before and after the initiation of the investigation,
and the verified questionnaire responses of the sampled Union producers, was used in order to
establish the total Union production for the period considered.
(73) The table above shows that production decreased over the period considered. In line with a decrease
in demand, production decreased sharply in 2009, after which it recovered in 2010 and during the
IP. Production remained relatively stable between 2009 and the IP despite an increase in
consumption by 9 %. The level of production is also dependent on the export activity of the
Union industry which remained significant throughout the period considered.
(74) Despite the limited decrease in consumption capacity utilisation decreased from 70 % in 2008 to
60 % during the IP. It remained relatively stable in the period between 2009 and the IP.
4.3. Sales volume and market share
Table 6
2008 2009 2010 IP
Sales volume (elements) 40
000
000 33
500
000 31
000
000 33
629
490
Index (2009 = 100) 119 100 93 100
Market share 87
% 82,7
% 79,5
% 76
%
Index (2009 = 100) 105 100 96 92
Source: Complaint data and questionnaire replies
(75) The
Union
industry
sales
volume
decreased
by
16
%
over
the
period
considered
and
its
market
share
continuously dropped from 87 % in 2008 to 76 % during the IP. In 2009 the Union industry sales
volume decreased by 16 %, hence it lost more than four percentage points of market share. In 2010
sales volume further dropped by 7 % and its market share decreased from 82,7 % to 79,5 %. During
the IP, in a context of increasing consumption (+ 13,5 %), the Union industry market share dropped
further to 76 %. It was thus unable to benefit from the growing consumption and to regain some of
the market share previously lost.

---

EN
11.5.2012 Official
Journal
of
the
European
Union L
124/25
4.4. Growth
level in 2009, after which it started to recover towards
the IP, without reaching the initial levels. Between 2009
(76) During
the
period
considered
it
emerged
that
Union
and the IP productivity increased by 12 %.
consumption decreased slightly by 3,8 %, while sales
volume and market share of the Union industry
4.6. Average unit prices in the Union and cost of production
decreased significantly, respectively by 15,9 % and by
12,6 %, during the same period. At the same time,
Table 8
imports from the PRC increased significantly by 76,9 %
over the period considered. As a consequence, the market
2008 2009 2010 IP
share of the Union industry decreased by 11 percentage
points over the same period.
Unit price in EU to
5,31 5,47 5,62
unrelated customers
4.5. Employment
(Euro per element)
Table 7
Index (2009 = 100) 113 100 103 106
2008 2009 2010 IP
Unit Cost
4,92 5,34 5,61
EUR/Element
Number of employees 1
598 1
642 1
641
Index (2009 = 100) 113 100 109 114
Index (2009 = 100) 102 100 103 103
Source: questionnaire replies sampled producers
Productivity
114 100 105 112
(unit/employee)
Index (2009 = 100)
(79) The trend of the average sales prices shows a significant
decrease by 6 % over the period considered. In the period
Source: Complaint data and questionnaire replies
from 2009 to the IP, in line with an increasing
consumption and a recovery in the market, prices
recovered by 6 % but did not reach the level of 2008.
(77) The
number
of
employees
increased
slightly
over
the
period considered, but this in turn led to a decrease in
(80) In
parallel,
the
relative
costs
to
produce
and
sell
the
like
productivity. However, it should be noted that the
product slightly decreased over the period considered but
upwards trend regarding employment is only due to
it was far from allowing the Union industry to remain
the fact that one of the sampled companies, the
profitable in 2010 and during the IP. If in 2009, the
smallest of the sample started producing in 2009.
11,5 % decrease in costs matched with a 11,5 %
Otherwise the trend in employment would have been
decrease in sales prices, in 2010 and during the IP, the
negative.
Union industry experienced a sharp increase in costs and
could only slightly increase its prices to cover the extra
(78) Productivity
of
the
Union
industry
workforce,
measured
costs. This resulted in a further loss in profitability and in
as output per person employed per year, decreased
market share since the Union industry prices were
slightly over the period considered. It reached its lowest
constantly higher than the Chinese imports prices.
4.7. Profitability, cash flow, investments, return on investments and ability to raise capital
Table 9
2008 2009 2010 IP
Profitability of EU sales (% of net sales) 7,4
% 7,5
% 2,4
% 0,2
%
Index (2009 = 100) 99 100 32
2
Cash Flow 27
712
871 14
228
145 843
570
Index (2009 = 100) 112 100 51
3
Investments (EUR) 25
404
161 15
476
164 12
072
057 8
945
470
Index (2009 = 100) 165 100 78 58
Return on Investments 36
% 49
% 21
% 2
%
Index (2009 = 100) 73 100 43
4
Source: Questionnaire replies sampled EU producers

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L 124/26
EN
Official Journal of the European Union
11.5.2012
(81) Profitability
of
the
Union
industry
was
established
by
consumption during the period considered. This obser
expressing the pre-tax net profit of the sales of the like
vation particularly applies to the period from 2009 up to
product as a percentage of the turnover of these sales.
the end of the IP.
Over the period considered, and also on the period from
2009 to the IP, profitability of the Union industry
decreased dramatically and barely reached the break
(87) Over the period considered, in the context of a
even level.
decreasing consumption, volume of imports from the
PRC increased steadily and significantly. At the same
time, the Union industry sales volume decreased overall
(82) The
trend
in
cash
flow,
which
is
the
ability
of
the
by 16 % and its market share dropped from 87 % in
industry to self-finance its activities, followed to a large
2008 to 76 % in the IP. Even when consumption
extent the negative trend in profitability. The lowest level
recovered by 9 %, from 2009 to the IP, the Union
was achieved during the IP. Similarly, the return on
industry market share continued to decrease further.
investment decreased from 36 % in 2008 to 2 % in the
The Union industry was unable to regain the market
IP.
share previously lost in view of the significant
expansion of the dumped imports from the PRC in the
EU market. The low-priced dumped imports increased
steadily over the period considered, constantly under
(83) The
evolution
of
profitability,
cash
flow
and
return
on
cutting the prices of the Union industry.
investment during the period considered limited the
ability of the Union industry to invest in its activities
and undermined its development. The Union industry
(88) Furthermore,
the
injury
indicators
related
to
the
financial
managed to invest heavily in the beginning of the
performance of the Union industry, such as cash flow
period considered and modernize its machineries to
and profitability were seriously affected. This means that
produce more efficiently, but investments thereafter
the ability of the Union industry to raise capital and to
steadily decreased by 64,7 % during the remainder of
invest was undermined.
the period considered.
(89) In the light of the foregoing, it was concluded that the
4.8. Stocks
Union industry suffered material injury within the
meaning of Article 3(5) of the basic Regulation.
Table 10
2008 2009 2010 IP
F. CAUSATION
Closing stock of 137 100 131 299
Union industry Index
1. Introduction
(2009 = 100)
(90) In accordance with Article 3(6) and 3(7) of the basic
Source: Questionnaire replies sampled EU producers
Regulation, it was examined whether the dumped
imports originating in the PRC have caused injury to
the Union industry to a degree that enables it to be
classified as material. Known factors other than the
dumped imports, which might have injured the Union
(84) The
stock
level
of
the
sampled
Union
industry
increased
significantly during the period considered. In 2009 the
industry, were examined to ensure that any injury caused
level of closing stock decreased by 27 %; afterwards, in
by those other factors was not attributed to the dumped
2010 and in the IP increased by 30,8 % and 128,4 %
imports.
respectively.
2. Effect of the dumped imports
5. Magnitude of the actual dumping margin
(91) The
investigation
showed
that
the
Union
consumption
decreased by 3,8 % over the period considered, while
(85) The dumping margins are specified above in the
the volume of dumped imports from the PRC increased
dumping section. All margins established are significantly
dramatically by about 77 %, their market share also
above the de minimis level. Furthermore, given the
increased from 13 % in 2008 to 24 % in the IP. At the
volume and the prices of dumped imports from the
same time, sales volume of the Union industry decreased
PRC the impact on the EU market of the actual margin
by 16 % and market share dropped from 87 % in 2008
of dumping cannot be considered negligible.
to 76 % in the IP.
6. Conclusion on injury
(92) In the period from 2009 up to the IP, Union
consumption increased by 9
%, while the Union
(86) The
investigation
showed
that
most
of
the
injury
indi
industry market share dropped again, in contrast to an
cators pertaining to the economic situation of the Union
annual increase in dumped imports from the PRC by
industry deteriorated or did not develop in line with
52 % in that period.

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EN
11.5.2012 Official
Journal
of
the
European
Union L
124/27
(93) With
regard
to
price
pressure,
it
should
be
highlighted
(98) The
performances
of
the
low-priced
dumped
imports
that in 2009 average import prices from the PRC
contrast with those of the Union industry. Indeed, the
decreased by 20 % forcing the Union industry to signifi
investigation showed that as from 2009 and up to the IP,
cantly decrease its sales prices by about 11,5 %. In 2010
even if Union consumption increased in line with the
and during the IP, the Union industry tried to increase its
general economic recovery, the Union industry market
prices, because of increased costs. This resulted in a
share kept decreasing. Even if production volume
further loss of market share, since the Union industry
tended to increase, there was a surplus which had to
prices were constantly higher than the prices of
be put into the stocks.
dumped imports from the PRC. This situation led in
particular to a significant deterioration in profitability,
sales volume and market share of the Union industry.
(99) Under
normal
economic
conditions
and
in
the
absence
of strong price pressure and surge in import of dumped
products, the Union industry might have had some
(94) Prices
of
dumped
imports
from
the
PRC
decreased
in
the
difficulty in coping with the decrease in consumption
period considered. Even if in the period from 2009 to
and the increase in fixed costs per unit due to the
the IP, import price from the PRC increased by 23 %,
decreased capacity utilisation it experienced. However,
they consistently remained significantly lower than sales
the investigation clearly suggests that the dumped
prices of the Union industry during the period considered
imports from the PRC have intensified the effect of the
and in particular during the IP, thus keeping price in the
economic downturn. Even during the general economic
Union market.
recovery, the Union industry was unable to recover and
to regain sales volumes and the market share lost
throughout the period considered.
(95) Based on the above it is concluded that the massive
increase of the dumped imports from the PRC at prices
constantly undercutting those of the Union industry have
(100) Therefore, although the economic crisis may have
had a determining role in the material injury suffered by
contributed to the Union industry’s poor performance,
the Union industry, which is reflected in particular in its
overall, it cannot be considered to have an impact such
poor financial situation, in the drop in sales volume and
as to break the causal link between the dumped imports
in market share and in the deterioration of most of the
and the injurious situation of that industry suffered in
injury indicators.
particular during the IP.
3. Effect of other factors
3.3. Development of the Union industry cost of production
3.1. Imports from third countries
(101) The investigation showed that the cost to produce
aluminum radiators is directly linked to the price devel
(96) As
clarified
in
recital
58
above,
Eurostat
import
statistics
opment of aluminum, the main raw material used to
could not be used in this investigation since the CN
produce this product. Even if, as shown in table 8
codes covering aluminium radiators and elements and
above, Union industry cost of production decreased
sections thereof include all sorts of aluminium
significantly in 2009, sales prices decreased at the same
products. In the absence of any other reliable
pace. In 2010 and during the IP, costs increased more
information, it was established on basis of the complaint,
than sale prices and thus did not allow for a recovery, in
that apart from the PRC, there is no other non-
particular in the profitability of the Union industry. This
EUcountry which produced and exported aluminium
situation occurred when the import price of the products
radiators to the EU during the period considered.
imported from the PRC were consistently undercutting
those of the Union industry.
3.2. Economic crisis
(102) In a market economy, it could be expected that prices on
(97) The
economic
crisis
partially
explains
the
contraction
of
the market would regularly adapt to reflect the devel
the Union consumption in particular in 2009 and 2010.
opment in the various components of the cost of
However, it is noteworthy that in a situation of
production. This did however not happen. The investi
decreasing consumption in the period considered and
gation confirmed that dumped imports from the PRC,
in a situation of increasing consumption in the period
undercutting the Union industry prices, continued to
between 2009 and the IP, the volume of dumped
depress the Union market prices and thus prevented
imports from the PRC at prices undercutting those of
the Union industry from keeping its market share and
the Union industry kept on increasing in the Union
adjusting prices to cover for its costs and achieve a
market.
reasonable profit level in particular during the IP.

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L 124/28
EN
Official Journal of the European Union
11.5.2012
(103) The increase in raw material prices was therefore not such as to break the causal link between the
dumped imports and the material injury suffered by the Union industry in particular during the IP.
3.4. Export performance of the sampled Union industry
Table 11
2008 2009 2010 IP
Export sales in elements 18
280
847 20
245
515 17
242
607
Index (2009 = 100) 126 100 111 94
Source: Questionnaire replies sampled EU producers
(104) The export activity of the Union industry constituted an
was unable to regain its lost market share and profit
important share of its business during the period
ability and other financial indicators such as cash flow
considered. The core exports markets of the Union
and return on investments reached their lowest levels.
industry were mainly Russia and other East European
countries where the products sold were of relatively
lower quality and were thus cheaper compared to the
radiators sold in the Union market.
(109) The analysis of the other known factors, including the
economic crisis, showed that any negative impact of
these factors cannot be such as to break the causal link
established between the dumped imports from the PRC
(105) The above table shows that the export turnover of the
and the injury suffered by the Union industry.
Union industry decreased in the period considered. This
may partly be explained by the fact that, as available
information suggests, growing export volumes of
aluminium radiators from the PRC were also present in
those export markets.
(110) Based on the above analysis, which has properly distin
guished and separated the effects of all known factors on
the situation of the Union industry from the injurious
effects of the dumped exports, it was provisionally
(106) Nevertheless, it is clear that the export activity allowed
concluded that the dumped exports from the PRC have
the Union industry to achieve economies of scales and
caused material injury to the Union industry within the
thus to reduce its overall costs of production. Hence, it
meaning of Article 3(6) of the basic Regulation.
can reasonably be considered that the export activity of
the Union industry could not be a potential cause of the
material injury it had suffered in particular during the IP.
Any negative impact the export sales decrease may have
had on the Union Industry, it cannot be such as to break
G. UNION INTEREST
the causal link between that injury and the low-priced
dumped imports from China.
1. Preliminary remarks
(111) In accordance with Article 21 of the basic Regulation,
the Commission examined whether, despite the
provisional conclusion on injurious dumping, compelling
4. Conclusion on causation
reasons existed for concluding that it is not in the Union
interest to adopt measures in this particular case. The
(107) The above analysis demonstrated that there was a
analysis of the Union interest was based on an
substantial increase in the volume and market share of
appreciation of all the various interests involved,
the dumped imports originating in the PRC in the period
including those of the Union industry, importers, and
considered and also from the period from 2009 up to
users of the product concerned.
the IP. It was found that these imports were constantly
undercutting the prices charged by the Union industry on
the Union market and in particular during the IP.
2. Interest of the Union industry
(112) The Union industry has suffered material injury caused
(108) This increase in volume and market share of the low-
by the dumped imports from the PRC. It is recalled that
priced dumped imports from the PRC was continuous
most of the injury indicators showed a negative trend
and coincided with the negative development in the
during the period considered. In the absence of
economic situation of the Union industry. This
measures, a further deterioration in the Union industry’s
situation worsened in the IP, when the Union industry
situation appears unavoidable.

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EN
11.5.2012 Official
Journal
of
the
European
Union L
124/29
(113) It is expected that the imposition of provisional anti-
provisional anti-dumping measures should be imposed
dumping duties will restore effective trade conditions
in order to prevent further injury being caused to the
on the Union market, allowing the Union industry to
Union industry by the dumped imports.
align the prices of the product investigated to reflect
the costs of the various components and the market
conditions. It can also be expected that the imposition
of provisional measures would enable the Union industry
to regain at least part of the market share lost during the
(120) For the purpose of determining the level of these
period considered, with a further positive impact on its
measures, account was taken of the dumping margins
profitability and overall financial situation.
found and the amount of duty necessary to eliminate
the injury sustained by the Union industry, without
exceeding the dumping margins found.
(114) Should measures not be imposed, further losses in
market share could be expected and the Union industry
would remain loss-making. This would be unsustainable
in the medium to long-term. In view of the losses
(121) When calculating the amount of duty necessary to
incurred and the high level of investment in production
remove the effects of the injurious dumping, it was
made at the beginning of the period considered it can be
considered that any measures should allow the Union
expected that most Union producers would be unable to
industry to cover its costs of production and to obtain
recover their investments, should measures not be
a profit before tax that could be reasonably achieved by
imposed.
an industry of this type in the sector under normal
conditions of competition, i.e. in the absence of
dumped imports, on sales of the like product in the
Union. It is considered that the profit that could be
(115) It is therefore provisionally concluded that the imposition
achieved in the absence of the dumped imports should
of anti-dumping duties would be in the interest of the
be based on the average pre-tax profit margin of the
Union industry.
sampled Union producers in the year 2008. It is thus
considered that a profit margin of 7, 4 % of turnover
could be regarded as an appropriate minimum which
the Union industry could have expected to obtain in
3. Interest of users and importers
the absence of injurious dumping.
(116) There was no cooperation from users in this investi
gation.
(122) On this basis, a non-injurious price was calculated for the
Union industry for the like product. The non-injurious
(117) As regards importers, only one importer located in
price was obtained by adjusting the sales prices of the
Poland cooperated in this investigation by responding
sampled Union producers by the actual profit/loss made
to the questionnaire and accepting a verification visit.
during the IP and by adding the above mentioned profit
This importer had small losses for the product
margin.
concerned during the IP. However, the business of the
product concerned is relatively small in relation to the
total company’s activities. Therefore, imposition of
measures is not likely to have a severe impact on its
total profits.
(123) The necessary price increase was then determined on the
basis of a comparison of the weighted average import
price of the cooperating exporting producers in the PRC,
as established for the price undercutting calculations,
4. Conclusion on Union interest
with the non-injurious price of the products sold by
the Union industry on the Union market during the IP.
(118) In view of the above, it is provisionally concluded that
Any difference resulting from this comparison was then
based on the information available concerning the Union
expressed as a percentage of the average total CIF import
interest, there are no compelling reasons against the
value.
imposition of provisional measures on imports of the
product concerned originating in the PRC.
2. Provisional measures
H. PROPOSAL FOR PROVISIONAL ANTI-DUMPING
MEASURES
(124) In the light of the foregoing, it is considered that, in
accordance with Article 7(2) of the basic Regulation,
1. Injury elimination level
provisional anti-dumping measures should be imposed
in respect of imports originating in the PRC at the
(119) In view of the conclusions reached with regard to
level of the lower of the dumping and the injury
dumping, injury, causation and Union interest,
margins, in accordance with the lesser duty rule.

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L 124/30
EN
Official Journal of the European Union
11.5.2012
(125) On the basis of the above, the anti-dumping duty rates
be stated that the findings concerning the imposition of
have been established by comparing the injury elim
duties made for the purposes of this Regulation are
ination margins and the dumping margins. Consequently,
provisional and may have to be reconsidered for the
the proposed anti-dumping duty rates are as follows:
purpose of any definitive measures,
Company
Dumping
Injury
Provisional
margin
margin
Duty
HAS ADOPTED THIS REGULATION:
Zhejiang Flyhigh Metal 23,0 % 12,6
% 12,6
%
Products Co., Ltd
Article 1
Metal Group Co. Ltd. 70,8
% 56,2
% 56,2
%
1. A
provisional
anti-dumping
duty
is
hereby
imposed
on
imports of aluminium radiators and elements or sections of
which such radiator is composed, whether or not such
Other co-operating
32,5 % 21,2
% 21,2
%
elements are assembled in blocks, excluding radiators and
companies
elements and sections thereof of the electrical type, currently
falling within CN codes, ex 7615 10 10, ex 7615 10 90,
Countrywide dumping
76,6 % 61,4
% 61,4
%
ex 7616 99 10
and
ex 7616 99 90
(TARIC
codes
margin
7615 10 10 10,
7615 10 90 10,
7616 99 10 91,
7616 99 90 01 and 7616 99 90 91) and originating in the
People’s Republic of China.
(126) The individual company anti-dumping duty rates
specified in this Regulation were established on the
basis of the findings of the present investigation.
2. The
rate
of
the
provisional
anti-dumping
duty
applicable
Therefore, they reflect the situation found during that
to the net, free-at-Union-frontier price, before duty, of the
investigation with respect to these companies. These
product described in paragraph 1 and manufactured by the
duty rates (as opposed to the country-wide duty
companies listed below, shall be as follows:
applicable to ‘all other companies’) are thus exclusively
applicable to imports of products originating in the PRC
and produced by the companies and thus by the specific
TARIC
legal entities mentioned. Imported products produced by
Company Duty
(%)
additional
any other company not specifically mentioned in the
code
operative part of this Regulation, including entities
related to those specifically mentioned, cannot benefit
Zhejiang Flyhigh Metal Products Co., Ltd 12,6 B272
from these rates and shall be subject to the duty rate
applicable to ‘all other companies’.
Metal Group Co. Ltd. 56,2 B273
Jinyun Shengda Industry Co., Ltd.. 21,2 B274
(127) Any claim requesting the application of these individual
Ningbo Ephriam Radiator Equipment Co., Ltd 21,2 B275
company anti-dumping duty rates (e.g. following a
change in the name of the entity or following the
Ningbo Everfamily Radiator Co., Ltd 21,2 B276
setting up of new production or sales entities) should
be addressed to the Commission ( 1 ) forthwith with all
Ningbo Ningshing Kinhil Industrial Co. Ltd. 21,2 B277
relevant information, in particular any modification in
the company’s activities linked to production, domestic
Ningbo Ninhshing Kinhil International Co.,
21,2 B278
and export sales associated with, for example, that name
Ltd.
change or that change in the production and sales
entities. If appropriate, the Regulation will accordingly
Sira (Tianjin) Aluminium Products Co., Ltd 21,2 B279
be amended by updating the list of companies benefiting
from individual duty rates.
Sira Group (Tianjin) Heating Radiators Co.,
21,2 B280
Ltd.
Yongkang Jinbiao Machine Electric Co., Ltd 21,2 B281
I. FINAL PROVISION
(128) In the interest of sound administration, a period should
Yongkang Sanghe Radiator Co., Ltd. 21,2 B282
be fixed within which the interested parties which made
themselves known within the time limit specified in the
Zhejiang Aishuibao Piping Systems Co., Ltd 21,2 B283
notice of initiation may make their views known in
writing and request a hearing. Furthermore, it should
Zhejiang Botai Tools Co., Ltd 21,2 B284
( 1 ) European Commission, Directorate-General for Trade, Directorate H,
Zhejiang East Industry Co., Ltd 21,2 B285
1049 Brussels, Belgium.

---

EN
11.5.2012 Official
Journal
of
the
European
Union L
124/31
TARIC
4. Unless
otherwise
specified,
the
provisions
in
force
Company Duty
(%)
additional
concerning customs duties shall apply.
code
Zhejiang Guangying Machinery Co., Ltd 21,2 B286
Article 2
1. Without
prejudice
to
Article
20
of
Regulation
(EC)
Zhejiang Kangfa Industry & Trading Co., Ltd. 21,2 B287
No 1225/2009, interested parties may request disclosure of
the essential facts and considerations on the basis of which
Zhejiang Liwang Industrial and Trading Co.,
21,2 B288
this Regulation was adopted, make their views known in
Ltd.
writing and apply to be heard orally by the Commission
within one month of the date of entry into force of this Regu
Zhejiang Ningshuai Industry Co., Ltd 21,2 B289
lation.
Zhejiang Rongrong Industrial Co., Ltd. 21,2 B290
2. Pursuant to Article 21(4) of Regulation (EC)
No 1225/2009, the parties concerned may comment on the
Zhejiang Yuanda Machinery & Electrical
21,2 B291
application of this Regulation within one month of the date
Manufacturing Co., Ltd
of its entry into force.
All other companies 61,4 B999
Article 3
This Regulation shall enter into force on the day following that
3. The
release
for
free
circulation
in
the
Union
of
the of its publication in the Official Journal of the European Union.
product referred to in paragraph 1 shall be subject to the
provision of a security, equivalent to the amount of the
Article 1 of this Regulation shall apply for a period of six
provisional duty.
months.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 May 2012.
For the Commission
The President
José Manuel BARROSO

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