理事会实施条例 (EU) No 695/2013,对原产于中华人民共和国的进口熨衣板征收最终反倾销税,并根据条例(EC) No 1225/2009第11(2)条在期满复审后以及第11(3)条的部分中期审查后废除对原产于乌克兰的进口熨衣板的反倾销措施
技术法规类型:欧盟Eurlex法规 来源:tbtmap
EURLEX ID:32013R0695
OJ编号:OJ L 198, 23.7.2013, p. 1-21
中文标题:理事会实施条例 (EU) No 695/2013,对原产于中华人民共和国的进口熨衣板征收最终反倾销税,并根据条例(EC) No 1225/2009第11(2)条在期满复审后以及第11(3)条的部分中期审查后废除对原产于乌克兰的进口熨衣板的反倾销措施
原文标题:Council Implementing Regulation (EU) No 695/2013 of 15 July 2013 imposing a definitive anti-dumping duty on imports of ironing boards originating in the People's Republic of China, and repealing the anti-dumping measures on imports of ironing boards originating in Ukraine following an expiry review pursuant to Article 11(2) and a partial interim review pursuant to Article 11(3) of Regulation (EC) No 1225/2009
分类:11.60.40.20_反倾销措施
文件类型:二级立法 Regulation|条例
生效日期:2013-07-24
废止日期:2018-07-24
法规全文:查看欧盟官方文件
23.7.2013 Official
Journal
of
the
European
Union L
198/1
II
(Non-legislative acts)
REGULATIONS
COUNCIL IMPLEMENTING REGULATION (EU) No 695/2013
of 15 July 2013
imposing a definitive anti-dumping duty on imports of ironing boards originating in the People's
Republic of China, and repealing the anti-dumping measures on imports of ironing boards
originating in Ukraine following an expiry review pursuant to Article 11(2) and a partial interim
review pursuant to Article 11(3) of Regulation (EC) No 1225/2009
THE COUNCIL OF THE EUROPEAN UNION,
(2) By
implementing
Regulation
(EU)
No
270/2010
( 4 ), the
Council imposed a definitive anti-dumping duty on
imports of ironing boards of Guangzhou Power Team
Houseware Co. Ltd., a Chinese exporting producer of
Having regard to the Treaty on the Functioning of the European
ironing boards.
Union,
Having regard to Council Regulation (EC) No 1225/2009 of
30 November 2009 on protection against dumped imports
(3) By
implementing
Regulation
(EU)
No
580/2010
( 5 ), the
from countries not members of the European Community ( 1 )
Council amended the definitive anti-dumping duty in
(‘the basic Regulation’), and in particular Articles 9(4) and 11(2),
force with regard to imports of ironing boards orig
(3) and (6)thereof,
inating in Ukraine to 7 %, following a partial interim
review limited in scope to dumping pursuant to
Article 11(3) of the basic Regulation.
Having regard to the proposal submitted by the European
Commissionafter consulting the Advisory Committee,
(4) By
implementing
Regulation
(EU)
No
77/2010
( 6 ), the
Whereas:
Council imposed a definitive anti-dumping duty on
imports of ironing boards of Greenwood Houseware
(Zhuhai) Ltd Co, a Chinese exporting producer of
ironing boards, following a new exporter review
pursuant to Article 11(4) of the basic Regulation.
A.
PROCEDURE
1. Measures in force
(1) By
Regulation
(EC)
No
452/2007
( 2 ), the Council
imposed definitive anti-dumping duties ranging from
9,9 % to 38,1 % on imports of ironing boards originating
(5) By
implementing
Regulation
(EU)
No
805/2010
( 7 ), the
in the People's Republic of China (‘PRC’ or ‘China’) and
Council re-imposed a definitive anti-dumping duty on
Ukraine; by implementing Regulation (EU) No
import of ironing boards of Foshan Shunde Yongjian
1243/2010 ( 3 ), the Council imposed a definitive anti-
Housewares and Hardware Co. Ltd, Foshan, a Chinese
dumping duty on imports of ironing boards of Since
exporting producer of ironing boards, as a measure to
Hardware (Guangzhou) Co, a Chinese exporting
comply with the judgment of the Court of Justice in case
producer of ironing boards, following a new investi
C-141/08 P ( 8 ).
gation pursuant to Article 5 of the basic Regulation
(‘the original investigations’).
( 4 ) OJ L 84, 31.3.2010, p. 13.
( 5 ) OJ L 168, 2.7.2010, p. 12.
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 6 ) OJ L 24, 28.1.2010, p. 24.
( 2 ) OJ L 109, 26.4.2007, p. 12.
( 7 ) OJ L 242, 15.9.2010, p. 1.
( 3 ) OJ L 338, 22.12.2010, p. 10.
( 8 ) OJ 2009/C 282/16.
L 198/2
EN
Official Journal of the European Union
23.7.2013
(6) By
implementing
Regulation
(EU)
No
987/2012
( 1 ), the
scope to dumping, pursuant to Article 11(3) of the basic
Council re-imposed a definitive anti-dumping duty on
Regulation. The request was lodged by Eurogold
imports of ironing boards originating in the People's
Industries Ltd., the only exporting producer of the
Republic of China, manufactured by Zhejiang Harmonic
product concerned from Ukraine (‘the applicant of the
Hardware Products Co. Ltd, as a measure to comply with
interim review’).
the judgment of the Court of Justice in case
T-274/07 ( 2 ).
(13) According to the applicant of the interim review, the
circumstances on the basis of which the measures have
(7) The
above
investigations
are
hereinafter
also
referred
to
been established had changed and these changes were of
as ‘the previous investigations’.
lasting nature. On the basis of these changes it was
alleged that the existing anti-dumping measures were
no longer necessary to offset dumping.
2. Requests for review
2.1. Expiry review of the anti-dumping measures in force
(14) Having determined, after consulting the Advisory
against Ukraine and the PRC
Committee, that sufficient evidence existed for the
initiation of a partial interim review, the Commission
(8) Following the publication of a notice of impending
initiated this review on 12 June 2012 (
expiry (
5 ) (‘interim
3 ) of the anti-dumping measures in force, the
review notice of initiation’).
Commission received on 25 January 2012 a request for
the initiation of an expiry review of these measures
pursuant to Article 11(2) of the basic Regulation.
3. Investigation
3.1. Expiry review
(9) The
request
was
lodged
by
three
Union
producers
repre
senting a major proportion, in this case more than 40 %
(a) I n v e s t i g a t i o n
p e r i o d
a n d
p e r i o d
of the Union production of ironing boards (‘the
c o n s i d e r e d
i n
t h e
e x p i r y
r e v i e w
applicants of the expiry review’).
i n v e s t i g a t i o n
(15) The
investigation
of
dumping
and
injury
for
the
expiry
review covered the period from 1 January 2011 to
31 December 2011 (‘the expiry review investigation
(10) The
request
for
the
expiry
review
related
to
all
countries
currently covered by the measures in force, namely the
period’ or ‘ERIP’). The examination of trends in the
PRC and Ukraine, and was based on the grounds that the
context of the analysis of injury covered the period
expiry of the measures would be likely to result in a
from January 2008 to the end of the ERIP (‘the period
continuation of dumping and injury to the Union
considered’).
industry.
(b) P a r t i e s c o n c e r n e d b y t h e i n v e s t i
g a t i o n a n d s a m p l i n g
(11) Having determined, after consulting the Advisory
Committee, that sufficient evidence existed for the
(16) The
Commission
officially
advised
the
applicants,
other
initiation of an expiry review, the Commission
known Union producers, exporting producers, importers,
announced on 25 April 2012 the initiation of an
users in the Union known to be concerned and their
expiry review pursuant to Article 11(2) of the basic
associations, and the representatives of the exporting
Regulation, by a notice published in the Official Journal
countries concerned of the initiation of the expiry
of the European Union ( 4 ) (‘expiry review notice of initi
review. Interested parties were given the opportunity to
ation’).
make their views known in writing and to request a
hearing within the time-limit set in the expiry notice of
initiation. All interested parties, who so requested and
showed that there were particular reasons why they
2.2. Partial interim review of the anti-dumping measures in
should be heard, were granted a hearing.
force against Ukraine as far as the sole exporting
producer in Ukraine is concerned
(12) On
17
March
2012
the
Commission
received
a
request
for the initiation of a partial interim review, limited in
(17) In view of the apparent large number of Chinese
exporting producers and Union producers, sampling
was envisaged in the expiry review notice of initiation
( 1 ) OJ L 297, 26.10.2012, p. 5.
in accordance with Article 17 of the basic Regulation.
( 2 ) OJ C 223, 22.9.2007.
( 3 ) OJ C 187, 28.6.2011, p. 21.
( 4 ) OJ C 120, 25.4.2012, p. 9.
( 5 ) OJ C 166, 12.6.2012, p. 3.
EN
23.7.2013 Official
Journal
of
the
European
Union L
198/3
(18) In order to enable the Commission to decide whether
— PRC
sampling would be necessary and, if so, to select a repre
sentative sample, Chinese exporting producers were
requested to make themselves known to the Commission
— Greenwood Houseware (Zhuhai) Limited,
and to provide the information specified in the expiry
Guangdong, the PRC
notice of initiation. Only two exporting producer in the
PRC made themselves known and provided the
Commission with the information requested in the
— Brabantia S&S, Hong Kong
expiry review notice of initiation. Therefore, sampling
was not considered necessary.
— Union producers
(19) The
sole
Ukrainian
exporting
producer
cooperated
in
the
parallel partial interim review and requested that the data
— Colombo New Scal SpA, Italy
verified and collected in the context of the interim review
are used for the purpose of this expiry review (see recital
(31) below).
— Rrets Polska Spóka z.o.o., Poland
(20) The
Commission
announced
in
the
expiry
review
notice
— Vale Mill (Rochdale) Ltd, United Kingdom
of initiation that it had provisionally selected a sample of
Union producers. This sample consisted of three
companies, out of the estimated 20-30 Union
producers that were known prior to the initiation of
(26) In
light
of
the
need
to
establish
a
normal
value
for
the investigation to produce the like product. The three
exporting producers in the PRC to which MET was not
sampled companies were selected on the basis of their
granted in the original investigations, a verification visit
sales and production volume of the like product in 2011
to establish normal value on the basis of data from an
as well as their geographic location in the Union. The
analogue country took place at the premises of the
sample represented over 40 % of the total estimated
following company:
Union production and sales during the ERIP and was
therefore considered representative. Interested parties
were invited to consult the file and to comment on the
— Ukraine
appropriateness of this choice within 15 days of the date
of publication of the notice of initiation. No interested
party commented on the proposed sample.
— Eurogold Industries Ltd., Zhytomyr, Ukraine
(21) No
unrelated
importers
in
the
Union
made
themselves
(d) D i s c l o s u r e
known and cooperated in the expiry review investigation.
(27) All
interested
parties
were
informed
of
the
essential
facts
and considerations on the basis of which it was intended
to recommend imposing a definitive anti-dumping duty
(c) Q u e s t i o n n a i r e s a n d v e r i f i c a t i o n
on imports of the product concerned originating in the
PRC and to terminate the investigation concerning the
(22) The
Commission
sought
and
verified
all
the
information
anti-dumping measures applicable to imports of the
it deemed necessary for the determination of the like
product concerned originating in Ukraine. The parties
lihood of a continuation or recurrence of dumping and
were also granted a period within which they could
resulting injury and for the determination of the Union
make representations subsequent to this disclosure. No
interest.
comments were received.
(23) Questionnaires
were sent to both Chinese exporting
3.2. Partial interim review
producers that came forward in the sampling exercise.
Only one of these Chinese exporting producers
(a) I n v e s t i g a t i o n p e r i o d i n t h e i n t e r i m
cooperated and provided a questionnaire reply.
r e v i e w i n v e s t i g a t i o n
(28) The
investigation
period
for
the
partial
interim
review
pursuant to Article 11(3) of the basic Regulation
(24) Questionnaire replies were received from the three
concerning imports originating in Ukraine covered the
sampled Union producers. In addition, four cooperating
period from 1 April 2011 to 31 March 2012 (‘the
Union producers provided general data for the injury
interim review investigation period’). A less recent inves
analysis.
tigation period, such as the one used for the expiry
review, would not have been consistent with the
requirements of Article 6(1) of the basic Regulation.
(25) Verification
visits
were
carried
out
at
the
premises
of
the
Furthermore, a similar investigation period has been
following companies:
used in a parallel refund proceeding.
L 198/4
EN
Official Journal of the European Union
23.7.2013
(b) P a r t i e s c o n c e r n e d b y t h e i n v e s t i
(34) The
current
review
investigations
confirmed
that,
as
in
g a t i o n
the original investigations, the product concerned and
ironing boards produced and sold on the domestic
(29) The
Commission
officially
advised
the
applicant
of
the
markets in the countries concerned, ironing boards
interim review and the representatives of the exporting
produced and sold by the Union industry on the
country concerned of the initiation of the partial interim
Union market and those produced and sold on the
review. Interested parties were given the opportunity to
analogue country market of Ukraine have the same
make their views known in writing and to request a
basic physical and technical characteristics and the
hearing within the time-limit set in the interim review
same basic uses.
notice of initiation. All interested parties, who so
requested and showed that there were particular
reasons why they should be heard, were granted a
hearing.
(35) Therefore these products are considered to be like
products within the meaning of Article 1(4) of the
basic Regulation.
(c) Q u e s t i o n n a i r e s a n d v e r i f i c a t i o n
(30) The
Commission
sought
and
verified
all
the
information
it deemed necessary for a determination of dumping of
C. DUMPING, LIKELIHOOD OF A CONTINUATION
the applicant of the interim review and the need of
AND/OR RECURRENCE OF DUMPING AND LASTING
continued imposition of the measures.
NATURE OF THE CHANGED CIRCUMSTANCES
1. Dumping - expiry review– the PRC
1.1. General remarks
(31) The
applicant
of
the
interim
review
represented
all
the
imports of the product concerned from Ukraine. A ques
(36) As mentioned above, only one Chinese exporting
tionnaire was sent to this company that cooperated and
producer cooperated in the investigation, representing
provided a questionnaire reply. A verification visit was
only a negligible amount of total Chinese exports
carried out at the following premises:
during the ERIP. The findings for this company were
therefore not considered representative for the country.
— Ukraine
(37) Therefore,
the
Chinese
authorities
and
non-cooperating
Chinese exporting producers were notified of the appli
— Eurogold Industries Ltd., Zhytomyr, Ukraine
cation of Article 18(1) of the basic Regulation and were
given an opportunity to present their comments in
accordance with Article 18(4) of the basic Regulation.
No comments were received in this regard.
(d) D i s c l o s u r e
(32) All interested parties were informed of the essential facts
and considerations on the basis of which it was intended
(38) In
accordance
with
Article
18(1)
of
the
basic
Regulation,
to terminate the investigation concerning the anti-
the findings in relation to dumping and likelihood of a
dumping measures applicable to imports of the product
continuation of dumping set out below had to be based
concerned originating in Ukraine. The parties were also
on facts available, in particular, information in the
granted a period within which they could make repre
request for the expiry review and the statistics available
sentations subsequent to this disclosure. No comments
to the Commission found to be the most accurate, i.e.
were received.
the monthly data transmitted by Member States under
Article 14 (6) of the basic Regulation (‘the 14.6 data
base’). Other statistical sources such as the Chinese
export database and Eurostat (8 digits) were found
B. PRODUCT CONCERNED AND LIKE PRODUCT
unreliable as the respective custom codes covered other
products than the product concerned.
(33) The product subject to both the expiry and the partial
interim reviews is the same as that covered by Council
Regulation (EC) No 452/2007 and Council Implementing
Regulation (EU) No 1243/2010, namely ironing boards,
1.2. Normal value
whether or not free-standing, with or without a steam
soaking and/or heating top and/or blowing top, including
(a) A n a l o g u e c o u n t r y
sleeve boards, and essential parts thereof, i.e. the legs, the
top and the iron rest, originating in the People's Republic
(39) According
to
Article
2(7)(a)
of
the
basic
Regulation,
of China and Ukraine ('the product concerned), currently
normal value for the exporting producers not granted
falling within CN codes ex 3924 90 00, ex 4421 90 98,
market economy treatment (MET) has to be established
ex 7323 93 00, ex 7323 99 00, ex 8516 79 70 and
on the basis of the domestic prices or constructed
ex 8516 90 00.
normal value in an analogue country.
EN
23.7.2013 Official
Journal
of
the
European
Union L
198/5
(40) For
this
purpose,
in
the
expiry
review
notice
of
initiation
imported products were first resold to an independent
the Commission suggested Ukraine as analogue country.
buyer, in accordance with Article 2(9) of the basic Regu
Ukraine was one of the countries used in the previous
lation.
investigations as an appropriate market economy third
country for the purpose of establishing a normal value
in respect of the PRC. All interested parties were given
the opportunity to comment on the choice of the
analogue country envisaged. No comments were
1.4. Comparison
received in this regard.
(47) For
the
non-cooperating
Chinese
exporting
producers
the
comparison between the normal value and the export
price was made on an ex-works basis. For the purpose
of ensuring a fair comparison between the normal value
(41) In
addition,
the
Commission
tried
to
obtain
cooperation
and the export price, due allowance in the form of
from other potential analogue countries, namely
adjustments was made for differences affecting prices
Malaysia, Bosnia and Herzegovina, India, Israel and
and price comparability in accordance with Article 2(10)
Turkey. Only the Turkish authorities came forward
of the basic Regulation. Adjustments were made, where
with a list of known producers to be contacted,
appropriate, in respect of freight and transport costs, in
without indicating whether any of them would
all cases where demonstrated to affect price compara
cooperate with the investigation. At the same time, the
bility, determined on the basis of the data collected
sole Ukrainian exporting producer agreed for its data
from the cooperating Chinese exporting producer.
submitted and verified in the context of the parallel
interim review to be used for the purposes of the
expiry review. The data is representative for the whole
country.
(48) In the case of the cooperating Chinese exporting
producer, the comparison was made between the
weighted average normal value and the weighted
(42) In the light of the above facts and of the requirements of
average export price established on the basis of the
Article 2(7)(a) of the basic Regulation, it was concluded
reported and verified data compared on an ex-works
that Ukraine was an appropriate analogue country.
basis per product type and at the same level of trade.
For the purpose of ensuring a fair comparison between
the normal value and the export price, due allowance in
the form of adjustments was made for differences
(b) D e t e r m i n a t i o n o f n o r m a l v a l u e i n
affecting prices and price comparability in accordance
a n a l o g u e c o u n t r y
with Article 2(10) of the basic Regulation. Adjustments
up to 5,9 % were made, where appropriate, in respect of
(43) The
sole
Ukrainian
exporting
producer
did
not
cooperate
freight and transport costs, in all cases where demon
in the expiry review but it cooperated in the parallel
strated to affect price comparability.
partial interim review and made its data, collected and
verified in the framework of the partial interim review,
available for the purpose of the expiry review.
1.5. Dumping margin
(49) As
provided
for
under
Article
2(11)
of
the
basic
Regu
(44) Given the significant overlap between the expiry and
lation, the dumping margin for the cooperating Chinese
interim investigation periods and considering that the
exporting producer was established on the basis of a
Ukrainian exporter in question represented 100 % of
comparison of the weighted average normal value by
the exports from Ukraine to the Union, normal value
type with the weighted average export price of the
was therefore established on the basis of the data
corresponding type of the product concerned. This
collected and verified in the framework of the parallel
indicative comparison did not show the existence of
partial interim review (see recitals (77) to (83) below).
dumping. Since the imports of this company represented
only a marginal proportion of total Chinese imports in
volume, the findings for this company are not considered
representative for whole PRC
1.3. Export price
(45) The export price for the non-cooperating Chinese
exporting producers was based on facts available in
accordance with Article 18 of the basic Regulation. The
(50) In the case of the non-cooperating Chinese exporting
export price was thus established on the basis of the
producers the dumping margin was established on the
import statistics available to the Commission (i.e. 14
basis of a comparison of the weighted average normal
(6) database) calculated on a weighted average basis.
value with the weighted average export price. Given the
lack of cooperation, the comparison per product type
was not possible. Instead the comparison had to be
based on the statistical data as explained in recitals (44)
(46) In
case
of
the
cooperating
Chinese
exporting
producer
and (45) above. The comparison showed existence of an
the export prices were based on the price at which the
indicative dumping margin of 11,5 %.
L 198/6
EN
Official Journal of the European Union
23.7.2013
1.6. Likelihood of a continuation of dumping PRC
(57) In
addition,
based
on
the
information
collected
by
the
Commission from the US sunset review and confirmed
(51) In view of the low cooperation no information
by the findings of the current expiry review with regard
concerning Chinese domestic market was available
to the cooperating Chinese exporting producer,
during the investigation. The cooperating Chinese
additional capacity can be easily installed to meet an
exporter was set up to produce for the Union market
increase in demand as the production is mainly labour
only and had no information on the domestic situation.
based. Furthermore, the investigation revealed that the
producers manufacturing also other products than the
product concerned were able to switch easily between
the production of other products and the production
of the product concerned depending on demand.
(52) The findings in respect of likelihood of continuation of
Therefore, if the anti-dumping duty was revoked the
dumping had to rely mainly on the information available
Chinese producers would most likely be able to
in the expiry review request and the information verified
increase their production of ironing boards relatively
and published in the framework of the sunset review of
quickly without any substantial investments required.
June 2010 carried out by the US International Trade
Commission (‘US sunset review’)
( 1 ) which the
Commission considered relevant for the purpose of its
investigation.
(58) Therefore,
on
the
basis
of
the
information
available,
it
was concluded that there are at least potentially high
capacities available in the PRC, which could be re-
directed to the Union market should the anti-dumping
(a) V o l u m e a n d p r i c e s o f d u m p e d i m p o r t s
measures be allowed to lapse.
f r o m t h e P R C
(53) Despite
the
measures
in
place
and
despite
a
decrease
of
Chinese imports during the period considered as estab
lished below (see recital (106)), they continued to have a
significant market share in the Union market of around
(c) A t t r a c t i v e n e s s o f t
h
e U
n
i
o
n m
a
r
k
e
t
15-20 % during the ERIP, undercutting the Union prices
a n d o t h e r t h i r d m a r k e t s
by close to 20 % during the same period (see recital
(109) below).
(59) Due
to
the
low
cooperation
and
unavailability
of
reliable
data price comparison between the imports to the Union
and to other third export markets as well as the Chinese
domestic prices could not be carried out. The indicative
comparison based on facts available revealed significant
(54) Given the substantial market share and continued
undercutting of the average Union prices by the Chinese
significant undercutting in ERIP, it can be reasonably
imports (see recital (109) below). The Union market is
expected that the Chinese imports of substantial
therefore considered attractive for the Chinese exporting
volumes would continue exercising significant price
producers in terms of price.
pressure on the Union industry should the measures be
lifted.
(60) Moreover, based on the findings in the US sunset review,
against which no contradicting information was found, it
(b) P r o d u c t i o n
c a p a c i t y
a n d
s p a r e
can be considered that the Union is currently the largest
c a p a c i t y i n t h e P R C
export market for the Chinese producers. The second
largest export market, the US, remains closed to the
(55) The
data published in the US sunset review shows
Chinese exporting producers as the anti-dumping duties
significant capacity in the PRC representing around
are substantial and have been recently extended until
80 % of the Union consumption (2009). The
2015.
Commission did not identify more recent information
that would contradict the information collected by the
US investigating authority. Given the lack of cooperation,
the exact unused capacity could not be established.
(61) The
relatively
stable
and
substantial
market
share
of
the
Chinese imports despite the measures in place indicates
that the Union continues to be an attractive export
market for the Chinese exporting producers. The
(56) Based on the information in the expiry review request,
closure of the US market, the second largest export
the number of existing producers in the PRC remained
market, shows that the absorption capacity of third
high. Therefore, no indication on the decrease of the
markets is limited. Therefore, the Union market is
production capacity in the PRC was thus identified.
likely to be targeted by the Chinese exporting
producers should the anti-dumping measures against
( 1 ) No. 731-TA-1047 (Review).
the PRC be lifted.
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(d) P a s t b e h a v i o u r
2.2. Findings
(62) The information collected in the framework of the US
(67) The
findings
of
the
interim
review
described
in
the
sunset review shows that the Chinese producers are
section 6 below were used as facts available for the
highly export oriented. This seems to be partly
purpose of the expiry review.
confirmed by the findings of the current expiry review
where the sole exporting producer was not active in the
Chinese domestic market, but exclusively export oriented.
2.3. Dumping margin
(68) As
provided
for
under
Article
2(11)
of
the
basic
Regu
(63) The extension of the anti-dumping measures by the US
lation, the dumping margin was established on the basis
following the US sunset review is an indication that the
of a comparison of the weighted average normal value by
dumping practice of Chinese exporting producers on
type with the weighted average export price of the
other markets may be replicated on the Union market
corresponding type of the product concerned. This
if the existing measures were to be lifted.
comparison did not show the existence of dumping
(64) Also,
the
behaviour
of
a
Chinese
exporter
that
had
bene
2.4. Likelihood of recurrence of dumping
fitted in the past from a 0 % duty rate, Since Hardware
(Guangzhou) Co, can be considered to be a strong indi
(69) In respect of likelihood of recurrence of dumping the
cation of the likely behaviour of the Chinese exporters, if
following elements were analysed: the volume and
the duties were lifted. Since Hardware, one of the largest
prices of dumped imports from Ukraine, attractiveness
Chinese exporting producers increased its market share
of the Union market and other third markets, production
on the Union market by approximately 64 % in volume,
capacity and excess capacity available for exports of the
with established dumping of around 52 % and an under
Ukrainian producer.
cutting of the Union industry prices of 16 % ( 1 ). In view
of the attractiveness of the Union market and available
capacity in the PRC, this past behaviour indicates that the
dumped imports are likely to recur in substantial
volumes if the measures were to be lifted.
(a) V o l u m e a n d p r i c e s o f d u m p e d i m p o r t s
f r o m U k r a i n e
(70) Imports of ironing boards originating in Ukraine
increased by 24 %. The corresponding market share
1.7. Conclusion of the likelihood of a continuation of dumping
increased slightly from 8 % in 2008 to 10 % in the
-the PRC
expiry review investigation period.
(65) In
view of the findings described above, it can be
concluded that considering the significant production
capacity available in the PRC, the ability of Chinese
producers to increase rapidly their production volumes
(71) Throughout the period considered, imports prices
and direct them for export, the significant level of
followed the same trends as the sales prices of the
dumping and undercutting of such exports and the
Union industry on the Union market. Overall, imports
attractiveness of the Union market for such exports, it
prices increased from 2008 to the expiry review investi
is reasonable to assume that a repeal of the measures
gation period by 14 %.
would result in increased exports at dumped levels of
ironing boards from the PRC to the Union.
(b) A t t r a c t i v e n e s s o f t h e U n i o n m a r k e t
a n d o t h e r t h i r d m a r k e t s
2. Dumping - expiry review – Ukraine
(72) During
the
period
considered,
Ukrainian
export
prices
to
2.1. General remarks
third countries were generally lower than its prices on
(66) In
case
of
Ukraine,
the
sole
known
Ukrainian
exporting
the Union market. This price difference was more than
producer did not cooperate in the expiry review therefore
10 % of the export price level during the expiry review
the facts available had to be used. Given the overlap
investigation period.
between the expiry review and interim review investi
gation periods and considering that the Ukrainian
exporting producer represented 100 % of imports from
Ukraine, the data collected and verified in the context of
(73) Ukrainian
export
prices
to
third
countries
were
generally
the interim review was used as facts available in the
below the price of Ukrainian exports to the Union which
parallel expiry, in agreement with that producer.
supports the conclusion that the Union market is
attractive as the Union market may generate higher
( 1 ) See recitals 57 and 67 of Regulation (EU) No 1243/2010.
profits.
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(c) P r o d u c t i o n
c a p a c i t y
a n d
e x c e s s
period represented at least 5 % of the total volume of the
c a p a c i t y a v a i l a b l e f o r e x p o r t s o f t h e
comparable product type sold for export to the Union.
U k r a i n i a n p r o d u c e r
(74) During
the
expiry
review
investigation
period,
Ukraine
(80) It
was
subsequently
examined
whether
the
domestic
sales
had only a small part of its production capacity
of the like product could be regarded as being made in
available for exports.
the ordinary course of trade pursuant to Article 2(4) of
the basic Regulation, by establishing for each product
type the proportion of profitable sales to independent
customers on the domestic market.
(75) According to the information collected during the inves
tigation, Ukrainian capacity is not projected to increase
(81) Where the sales volume of a product type, sold at a net
further. Therefore there is no likelihood that exports to
sales price equal to or above the calculated cost of
the Union would increase should the measures be
production, represented more than 80 % of the total
repealed.
sales volume of that type, and where the weighted
average sales price of that type was equal to or higher
than the unit cost of production, normal value was based
on the actual domestic price calculated as the weighted
average of the prices of all domestic sales of that type
(d) C o n c l u s i o n o n t h e l i k e l i h o o d o f
made during the interim review investigation period, irre
r e c u r r e n c e o f d u m p i n g - U k r a i n e
spective of whether those sales were profitable or not.
(76) In view of the above, in particular the findings
concerning the expected evolution of capacity, it was
(82) Where the volume of profitable sales of a product type
considered that there is no likelihood that Ukrainian
represented 80 % or less of the total sales volume of that
exporting producer will resume exporting injurious quan
type, or where the weighted average price of that type
tities at dumped prices to the Union market in the short
was below the unit cost of production, normal value was
to medium term should measures be repealed.
based on the actual domestic price, which was calculated
as a weighted average price of only the profitable
domestic sales of that type made during the interim
review investigation period.
3. Dumping - interim review – Ukraine
(83) As
regards
the
types
of
product
that
were
not
profitable,
3.1. Normal value
normal value was constructed in accordance with
Article 2(3) and 2(6) of the basic Regulation. The
(77) In
accordance
with
Article
2(2)
of
the
basic
Regulation,
it
was examined whether the total domestic sales volume of
normal value was constructed by adding to the cost of
the like product to independent customers were repre
manufacturing of the Ukrainian producer during the
sentative during the interim review investigation period,
expiry review investigation period the weighted average
i.e. if the total volume of such sales represented 5 % or
selling, general and administrative expenses (SG&A)
more of their export sales volume of the product
incurred in the ordinary course of trade and the
concerned to the Union. On that basis, the domestic
weighted average profit realised for the product types
sales of the cooperating Ukrainian producer were
that were profitable.
considered to be overall representative.
3.2. Export price
(84) As the Ukrainian exporting producer made export sales
to the Union directly to independent customers in the
(78) The
Commission
subsequently
identified
those
product
Union, the export prices were based on the prices
types sold domestically that were identical or comparable
actually paid or payable for the product concerned, in
with the types sold for export to the Union.
accordance with Article 2(8) of the basic Regulation.
3.3. Comparison
(79) For each product type sold by the exporting producer on
(85) The
normal
value
and
export
price
were
compared
on
an
its domestic market and found to be identical or
ex-works basis. For the purpose of ensuring a fair
comparable with the product type sold for export to
comparison between the normal value and the export
the Union, it was examined whether the domestic sales
price, due allowance in the form of adjustments was
were sufficiently representative for the purposes of
made for differences affecting prices and price compara
Article 2(2) of the basic Regulation. Domestic sales of
bility in accordance with Article 2(10) of the basic Regu
a particular product type were considered sufficiently
lation. Adjustments were made in respect of transport,
representative when the total volume of that product
insurance, handling and ancillary costs, packing, credit,
type sold on the domestic market to independent
bank charges and commissions in all cases where demon
customers during the interim review investigation
strated to affect price comparability.
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3.4. Dumping margin
amounted to 5 million pieces at the beginning of the
period considered of the current expiry review (2008).
(86) As
provided
for
under
Article
2(11)
of
the
basic
Regu
The development of the production volume over the
lation, the dumping margin was established on the basis
period considered was established on the basis of the
of a comparison of the weighted average normal value by
trends in production volume of the cooperating Union
type with the weighted average export price of the
producers. The Union production volume thus estab
corresponding type of the product concerned. This
lished amounted to an estimated 5,2 million pieces
comparison did not show the existence of dumping.
during the ERIP.
4. Lasting nature of the changed circumstances –
(92) As
indicated
in
recital
(20)
above,
three
Union
producers
Ukraine
were selected in the sample representing more than 40 %
of the total Union production of the like product. These
(87) In
accordance
with
Article
11(3)
of
the
basic
Regulation,
sampled producers provided questionnaire replies.
it was also examined whether the changed circumstances
could reasonably be considered to be of a lasting nature.
(93) In
addition,
four
other
Union
producers
submitted
basic
information on their production and sales data.
4.1. Lasting nature of the changed circumstances
(88) The
Ukrainian
producer
has
restructured
its
sales
organi
sation so that, since December 2010, all its export sales
(94) The
above
seven
Union
producers
were
found
to
account
of the product concerned to the Union has been made
for more than 55 %, of the total Union production of the
directly to the independent customer without involving
like product.
any related sales company. The calculation of the export
prices was therefore adjusted to take into account these
new circumstances.
(95) The
Union
market
for
ironing
boards
is
characterised
by
mostly small and medium producers located in a number
of Member States including Germany, Italy, the Nether
(89) These
changes
are
considered
to
be
of
lasting
nature
lands, Poland, Portugal, Spain and the United Kingdom.
since the tasks previously carried out by the related
company were effectively transferred to the Ukrainian
producer for a period of about one year. No indications
pointing to possible future changes in the sales structure
E. SITUATION ON THE UNION MARKET
were found. Therefore, it is concluded that the changed
circumstances are of a lasting nature.
(96) Since
there
is
only
one
exporting
producer
in
Ukraine,
Union consumption and some of the macroeconomic
indicators are presented in indexed form or ranges, so
as to protect confidentiality pursuant to Article 19 of the
D. DEFINITION OF THE UNION INDUSTRY
basic Regulation
Union production and Union Industry
(90) The
like
product
was
manufactured
by
an
estimated
20-
1. Union consumption
30 producers in the Union. They constitute the Union
industry within the meaning of Article 4(1) of the basic
(97) Union
consumption
was
established
on
the
basis
of
the
Regulation.
sales volumes of the Union industry on the Union
market as described in recital (100) and the import
volume as recorded in the 14(6) database.
(91) Annual
production
of
the
Union
industry
was
estimated
on the basis of the findings made in the investigation
mentioned in recital (1) above concerning imports of
(98) As
far
as
import
volumes
from
the
PRC
are
concerned,
ironing boards of Since Hardware (Guangzhou) Co, a
the data of the only cooperating Chinese exporter could
Chinese exporting producer of ironing boards and of
not be used to extrapolate the total amount of imports
the basis of the data submitted by the cooperating
from the PRC as they represented only a very small part
Union producers. As mentioned in recital (65) of
of total imports from the PRC. Total import volume had
Council Implementing Regulation (EU) No 1243/2010
therefore to be established on the basis of the facts
imposing anti-dumping measures on imports of the
available in accordance with Article 18 of the basic Regu
before mentioned exporting producer, the annual
lation. As the relevant CN codes in Eurostat cover more
Union production of ironing can be estimated at above
products than the product concerned, Eurostat was not
5 million pieces in 2009. Thus, and in the absence of
considered suitable either to establish import volumes
any other information, it was considered reasonable to
from the PRC. Thus, in light of the extremely low
assume that the total annual Union production
cooperation of the Chinese exporting producers and
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the lack of cooperation of unrelated importers, the only
been verified and was found accurate and representative
reliable statistical source to determine import volumes
for the determination of import volumes from Ukraine in
was the information contained in the 14(6) database.
the expiry review investigation period.
As import volumes in the 14(6) database are however
only reported in kg, the data had to be converted in
pieces (units) by using the conversion rate established
for the imports from Ukraine in the parallel interim
review. This was considered reasonable since the
(100) The sales volumes of the Union industry on the Union
imports of the Chinese cooperating company were not
market were estimated by extrapolating the ratio between
considered representative and in addition, as mentioned
total production volume and total sales volume of the
above in recital (36), Ukraine was also used as an
seven cooperating Union producers to the total estimated
analogue country for determining normal value for the
production volume of the Union industry for each year
PRC and therefore data were considered representative
of the period considered.
for the determination of the level of Chinese imports.
(99) In case of imports from Ukraine the verified data
(101) On this basis, Union consumption decreased between
reported in the questionnaire reply in the parallel
2008 and the ERIP by 11 %. In details, the apparent
interim review were used. Although the interim investi
demand decreased by 7 percentage points between
gation period was set from 1 April 2011 to 31 March
2008 and 2009, where after it increased by 9 percentage
2012 and therefore did not cover the first quarter of the
points between 2009 and 2010. During the ERIP the
expiry review investigation period, it was found that that
Union consumption totalled 9 to 10 million pieces,
information is nevertheless suitable for the determination
representing a decrease of 13 percentage points as
of the import volumes. Indeed, that information had
compared to the previous year.
Table 1
Volume
(1 000 pieces)
2008 2009 2010 ERIP
(2011)
Consumption
10 000 - 11 000 9
000
-
10
000
10 000 - 11 000 9
000
-
10
000
Index 100 93 102 89
Source: 14(6) database, questionnaire replies
2. Imports from countries concerned
Cumulative assessment of the effects of the imports from the countries concerned
(102) In the original investigation concluded in 2007, imports originating in the PRC and Ukraine were
assessed cumulatively in accordance with Article 3(4) of the basic Regulation. It was examined
whether a cumulative assessment was also appropriate in the current expiry review.
(103) In this respect, it was found that the dumping margin established for imports from the PRC was
above the de minimis level (11,5 %) as defined in Article 9(3) of the basic Regulation. As regards the
imports from Ukraine, no dumping was established for the ERIP and no likelihood of recurrence of
dumping. On these grounds the imports from Ukraine should be de-cumulated from the imports
from the PRC, since the criteria set out in Article 3(4) of the basic Regulation are not met.
3. Imports from the PRC
3.1. Volume and market share
(104) As mentioned above in recital (98), given the extremely low cooperation of the Chinese exporting
producers, total imports volume from the PRC was established on the basis of the information
available in the 14(6) data base in accordance with Article 18 of the basic Regulation.
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(105) On this basis, imports of the product concerned from the PRC decreased in absolute terms from 4 to
4,5 million pieces in 2008 to 1,5 to 2,0 million pieces in the ERIP, which represented a decrease of
59 % during the period considered. This decrease was particularly pronounced between 2010 and the
ERIP where imports from the PRC decreased from 3 to 3,5 million in 2010 to 1,5 to 2,0 million
pieces in the ERIP, by 36 percentage points. This decrease coincides with the re-introduction of the
anti-dumping duty on Since Hardware in December 2010 (see rectial (64) above).
(106) While market shares of Chinese imports decreased by 22 percentage points during the period
considered, the market share held during the ERIP, i.e. 15-20 %; was substantial.
Table 2
2008 2009 2010 ERIP
(2011)
Volumes of imports subject to 4 000 - 4 500
3 000 - 3 500 3
000
-
3
500 1
500
-
2
000
measures from the PRC (1
000
pieces)
Index 100 73 76 40
Market share of imports subject to
40 % - 45 % 30
%
-
35
% 30
%
-
35
% 15
%
-
20
%
measures from the PRC
Source: 14(6) database
3.2. Prices and price undercutting
(107) Due to the extremely low cooperation of the Chinese exporting producers, the average import price
regarding imports from the PRC had to be established on the basis of the facts available in
accordance with Article 18 of the basic Regulation, i.e. on the basis of the information contained
in the 14(6) database. Information recorded therein were converted into price/piece following the
above mentioned methodology (see recital (104) above). Import prices established under that
methodology increased from 7,0 EUR/piece in 2008 to 8,2 EUR/piece during the ERIP, i.e. by 17 %.
Table 3
Price of imports subject to measures in
EUR/piece
2008 2009 2010 ERIP
(2011)
The PRC 7,0 8,3 8,4 8,2
Index 100 119 121 117
Source: 14(6) database
(108) In order to determine price undercutting during the ERIP,
4. Imports from Ukraine
the weighted average sales price of the sampled Union
producers charged to unrelated customers on the Union
(110) As mentioned above in recital (99) import volumes and
market, adjusted to an ex-works level (i.e. excluding
prices from Ukraine were established on the basis of the
freight costs in the Union and after deduction of
verified questionnaire reply submitted by the Ukrainian
discounts and rebates), were compared to the
exporting producer in the parallel on-going interim
corresponding weighted average price of the imports as
review.
established above in recital (107), on a CIF basis, with
appropriate adjustments for customs duties.
(109) The comparison showed that, when expressed as a
percentage of the sampled Union producers' turnover
(111) The following table shows the development of imports
during the ERIP, imports from the PRC were under
from Ukraine during the period considered in terms of
cutting the prices of the Union industry close to 20 %.
volume and market shares.
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Table 4
2008 2009 2010 ERIP
(2011)
Volumes of imports subject to
700-900 800-1
000 900-1
100 900-1
100
measures from Ukraine (1 000
pieces)
Index 100 104 128 124
Market share of imports subject to
6 % - 9 % 7
%
-
10
% 8
%
-
11
% 9
%
-
12
%
measures from Ukraine
Source: Verified questionnaire reply
(112) Imports of ironing boards originating in Ukraine increased by 24 % between 2008 and 2011.
Ukraine was able to increase its imports mainly because of the higher anti-dumping duty on
imports of ironing boards originating in the PRC. Moreover, the amendment of the anti-dumping
duty for Ukraine in July 2010 from 9,9 % to 7,7 % contributed to this development making the
Ukrainian imports more competitive on the Union market.
(113) The following table shows the development of the average CIF Union frontier prices of imports under
measures from Ukraine.
Table 5
Price of imports subject to measures in
EUR/piece
2008 2009 2010 ERIP
(2011)
Ukraine 8
-
10 9
-
11 10
-
12 9
-
11
Index 100 110
-
115 115
-
120 110
-
115
Source: Verified questionnaire reply
(114) As shown in table 5 above, the average import price increased by 10-15 % during the period
considered, and almost reached the price level of the Union industry in the Union market during
the ERIP.
5. Imports from other third countries not subject to measures
(115) Import volumes from other third countries not subject to measures were established on the basis of
the 14(6) database converted into pieces following the same methodology than for the determination
of import volumes from the PRC as described in recital (98) above. This was considered reasonable as
the relevant CN codes in Eurostat covered also other products than the product concerned and were
therefore not found suitable to establish import volumes from other third countries.
(116) The following table shows the development of imports from other third countries during the period
considered in terms of volume and market share, as well as the average price of these imports.
Table 6
Volumes of imports from other third
countries in 1 000 pieces
2008 2009 2010 ERIP
(2011)
Turkey 300-500 500-700 700-900 800-1
000
Index 100 160-170 215-225 225-235
other third countries 400-600 600-800 900-1
100 700-900
Index 100 130-140 190-200 150-160
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Volumes of imports from other third
countries in 1 000 pieces
2008 2009 2010 ERIP
(2011)
Total all other countries 700-1
100 1
100-1
500 1
600-2
000 1
500-1
900
Index 100 140-150 200-210 180-190
Market share of imports from all
5 % - 10 % 10
%
-
15
% 15
%
-
20
% 15
%
-
20
%
other third countries
Price of imports from all other
7,7 8,1 8,2 9,0
countries (EUR/piece)
Source: 14(6) database
(117) The volume of imports from other third countries increased overall during the period considered.
While it increased and even more than doubled between 2008 and 2010, it decreased again between
2010 and the ERIP. On this basis, the volume of imports from other third countries increased
considerably in the period considered and reached 1,5-1,9 million pieces in the ERIP, translating
in a market share of in the range of 15-20 % during the ERIP. Most of these imports came from
Turkey where imports increased from 0,3 - 0,5 million pieces in 2008 to 0,8 – 1,0 million pieces in
the ERIP.
(118) The average price of imports from other third countries without measures increased from
7,7 EUR/piece in 2008 to 9,0 EUR/piece during the ERIP, i.e. an increase of 17 %.
6. Economic situation of the Union industry
(119) Pursuant to Article 3(5) of the basic Regulation, the examination of the impact of the dumped
imports on the Union industry included an evaluation of all economic factors and indices having
a bearing on the state of the Union industry during the period considered.
(120) As mentioned above in recital (20) sampling was used for the examination of the possible injury
suffered by the Union industry.
(121) For the purpose of the injury analysis, the injury indicators have been established at two levels:
— the macroeconomic indicators (production, production capacity, capacity utilisation, productivity,
sales volume, market share, growth, employment, and magnitude of dumping margins and
recovery from past dumping) were assessed at the level of the whole Union production,
estimated on the basis of the information collected from the producers that came forward;
— the analysis of microeconomic indicators (average unit prices, unit costs, stocks, labout costs,
profitability, return on investments, cash flow, ability to raise capital and investments) was carried
out on the basis of information provided by the three sampled Union producers.
6.1. Macroeconomic indicators
(a) P r o d u c t i o n
(122) Total Union production was estimated as described above in recital (91) On this basis, the Union
production increased by 4 % between 2008 and the ERIP. More specifically, it decreased by 2 %
between 2008 and 2009 but increased by 6 percentage points between 2009 and ERIP to around
5,2 million units.
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Table 7
not possible to clearly establish production capacity of
the product concerned.
in 1 000 pieces 2008 2009 2010
ERIP
(2011)
Production 5
000 4
887 5
072 5
194
(125) Capacity utilisation was 66 % in 2008 and dropped
slightly to 58 % during the ERIP. As indicated in the
Index 100 98 101 104
preceding recital, total production capacity in the
Union could not be reliably established. As capacity utili
Source: Questionnaire replies
sation is established on the basis of total capacity,
likewise, it cannot necessarily be considered as a mean
ingful injury indicator in this case.
(b) P r o d u c t i o n
c a p a c i t y a n d
c a p a c i t y
Table 8
u t i l i s a t i o n
(123) Production capacity was estimated by applying the ratio
in 1 000 pieces 2008 2009 2010
ERIP
between total production volume and total capacity of
(2011)
the seven cooperating Union producers for each year of
Production
7 592 7
962 8
375 8
906
the period considered to the total production of the
capacity
Union industry as established above in recital (122)
above.
Index 100 105 110 117
Capacity utilisation 66
% 61
% 61
% 58
%
(124) The production capacity of the Union industry increased
Index 100 93 92 89
by 17 % throghout the period considered. However this
increase is only related to one of the Union producers
Source: Questionnaire replies
whereas the other cooperating Union producers had
stable capacities over the period considered. The
findings of the investigation indicate that some of the
(c) S a l e s v o l u m e
non-cooperating Union producers may have closed
down their production facilities thereby decreasing the
(126) Sales volume of the Union industry was established as
total Union production capacity during the period
described in recital (100) above. Thus, sales volume of
considered which is not reflected in table 8 below. The
the Union industry to unrelated customers on the Union
investigation revealed also that the Union industry
market increased by 10 % between 2008 and the ERIP.
produced other products than the product concerned
This increase was particularly pronounced between 2010
(such as dryers) partly on the same production lines.
and the ERIP, where sales volumes increased by 7
Furthermore, the investigation has shown that Union
percentage points. This coincides with a decrease in
producers can switch easily between production of the
imports from the PRC due to the imposition of the
product concerned and other products. It was therefore
anti-dumping duty on Since Hardware (Guangzhou) Co.
Table 9
in 1 000 pieces 2008 2009 2010 ERIP
(2011)
Sales to unrelated customers in the 4 300 - 4 500
4 300 - 4 500
4 500 - 4 700 4
800
-
5
000
Union
Index 100 99 103 110
Source: Questionnaire replies
(d) M a r k e t s h a r e
(127) During the period considered, the Union industry regained market share, which increased from 40-
45 % in 2008 to 50-55 % in the ERIP, i.e. by 24 %. This increease is mainly due to the decrease in
consumption as well as the Chinese import volume and the parallel increase in sales volume of the
Union industry.
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Table 10
2008 2009 2010 ERIP
(2011)
Market shares of the Union 40 % - 45 % 45
%
-
50
% 40
%
-
45
% 50
%
-
55
%
producers
Index 100 107 101 124
Source: Questionnaire replies and 14(6) database
(e) G r o w t h
Table 12
(128) The Union consumtption declined between 2008 and the
ERIP. In parallel, the volume of sales by the Union
2008 2009 2010
ERIP
(2011)
industry on the Union market increased by 10 % and
the Union industry market share increased by 24 %.
Productivity (000
7,6 7,3 6,9 7,2
Likewise, production of the Union industry increased
pieces per
by 4 %, investment more than doubled (recital (141)
employee)
below) and employment increased 10 % (recital (129)
Index 100 95 90 94
below) during the same period. Therefore, it can be
conluded that the Union industry experienced some
Source: Questionnaire replies
growth over the period considered.
(h) M a g n i t u d e o f t h e d u m p i n g m a r g i n a n d
r e c o v e r y f r o m p a s t d u m p i n g
(131) The dumping margin found was significantly above the
de minimis level. As regards the impact of the magnitude
of the actual dumping margins on the Union industry,
given in particular the volumes and prices of imports
(f) E m p l o y m e n t
from the PRC, the impact cannot be considered negli
(129) Employment and trends in employment for the total
gible.
Union industry were estimated by extrapolating the
figures available with regard to the cooperating Union
producers. In line with the increase in sales, the
employment level of the Union industry shows an
increase of 10 % between 2008 and the ERIP.
(132) Regarding the effects of past dumping, while the indi
cators examined above show some improvement, they
Table 11
also provide evidence that the Union industry is still
fragile and vulnerable.
2008 2009 2010
ERIP
(2011)
Employment for
655 672 736 722
the like product
Index 100 102 112 110
Source: Questionnaire replies
6.2. Microeconomic indicators
(a) P r i c e s a n d o t h e r f a c t o r s e f f e c t i n g
p r i c e s
(g) P r o d u c t i v i t y
(133) The average sales price of the sampled Union producers
to unrelated customers in the Union developed as shown
(130) Productivity of the Union industry workforce, measured
in the table below. Average prices remained relatively
as output (pieces) per person employed per year,
stable during the peirod considered, albeit with a slight
decreased by 6 % in the period considered. This is
increase in the ERIP. As above, this increase coincided
linked to the fact that the production increased to a
with the imposition of anti-dumping measures with
lesser extend than the employment.
regard to Since Hardware (Guangzhou) Co.
L 198/16
EN
Official Journal of the European Union
23.7.2013
Table 13
(d) P r o f i t a b i l i t y
a n d
r e t u r n
o n
i n v e s t m e n t s
2008 2009 2010
ERIP
(2011)
(137) The Union industry was able to increase its profitability
slightly between 2008, where it was at break even, and
Unit price Union
10,9 10,7 10,9 11,2
2009 where it increased to 2 %. However, profitability
market
decreased again in 2010 and even further during the
(EUR/piece)
ERIP where it reached – 1,7 %. Overall, the profitability
Index 100 98 100 103
decreased by almost 2 % over the period considered. As
mentioned above in recital (134) this was mainly due to
Unit cost of
10,9 10,5 11,0 11,4
the fact, that the Union industry was not able to increase
production
(EUR/piece)
its sales prices in line with the increase in costs as it was
forced to match the low Chinese import prices to re-gain
Index 100 96 101 105
its market share.
Source: Questionnaire replies
(138) The return on investments (ROI), expressed as the profit
(134) The sales prices follow the price trends of the main raw
in percent of the net book value of investments, broadly
materials (i.e. steel). Sales prices and costs remained
followed the profitability trend. It increased between
relatively stable over the period considered, though
2008 and 2009, and from 2009 to the ERIP it decreased.
costs increased slightly more than sales prices, which
The decrease in ROI was more pronounced than the
negatively impacted the profitability situation of the
decrease in profitability levels as a result of increased
Union industry between 2008 and the ERIP. However,
investments as shown in recital (141) below.
the Union industry was not in a position to increase its
prices to sustainable levels but was forced to match
prices with the low priced Chinese imports to re-gain
market share in a period of declining consumption.
Table 16
2008 2009 2010
ERIP
(2011)
(b) L a b o u r c o s t
Profitability
0,0 % 2,0
% –
0,8
% –
1,7
%
(135) The average wages were stable over the period
(% of net sales)
considered, while the unit cost of production increased
by 3 % (table 13 above).
Index 100 102 99 98
ROI (profit in % of
– 4 % 96
% –
20
% –
82
%
net book value of
Table 14
investments)
Index 100 200 84 22
EUR/employee 2008 2009 2010
ERIP
(2011)
Source: Questionnaire replies
Average wage 20
669 19
377 19
885 20
523
Index 100 94 96 99
Source: Questionnaire replies
(e) C a s h f l o w a n d a n d a b i l i t y t o r a i s e
c a p i t a l
(139) The net cash flow from operating activities, which is the
(c) S t o c k s
ability of the industry to self-finance its activities,
expressed as a percentage of the turnover of the like
(136) Volume of stocks increased during the period considered.
product, improved in line with the profitablility from
The level of stocks was 56 % higher in the ERIP in
break-even level in 2008 to 5 % in 2009. It dropped
relation with their levels in 2008.
to 3 % in 2010 and was negative during the ERIP.
Table 15
Table 17
in 1 000 pieces 2008 2009 2010
ERIP
(2011)
2008 2009 2010
ERIP
(2011)
Closing stock 94 137 184 146
Cash flow
0 % 5
% 3
% –
1
%
Index 100 147 197 156
(% of turnover)
Source: Questionnaire replies
Source: Questionnaire replies
EN
23.7.2013 Official
Journal
of
the
European
Union L
198/17
(140) There were no particular indications that the Union
place. Nevertheless, despite apparent positive trends and
industry would have encountered difficulties in raising
the significant restructuring efforts, the Union industry is
capital.
still fragile and vulnerable.
(f) I n v e s t m e n t s
F. LIKELIHOOD OF RECURRENCE OF INJURY
(141) The sampled producers' annual investments in the
production of the like product more than doubled
1. Preliminary remarks
between 2008 and the ERIP. It increased sharply
(145) As mentioned above in recitals (51) to (52), in view of
between 2008 and 2009. The increase in investments
the low cooperation of the Chinese exporting producers,
can be explained by the restructuring efforts made by
the analysis concerning the Chinese domestic market and
the Union industry by investing in their production
the exports from the PRC to other third countries, had to
process to make it more competitive. Between 2010
rely on information available, i.e. the information
and the ERIP there was a decrease while the level of
published in the framework of the sunset review of
investments remained considerably higher when
June 2010 carried out by the US International Trade
compared to 2008.
Commission (‘US sunset review’).
Table 18
(146) During the period considered, the Union industry was in
a fragile vulnerable situation, still exposed to the
2008 2009 2010
ERIP
(2011)
injurious effect of the dumped imports from the PRC.
Net investments 239 504 1
046 569
(000 EUR)
Index 100 211 438 239
(147) In accordance with Article 11(2) of the basic Regulation,
Source: Questionnaire replies
imports from the country concerned were assessed in
order to establish if there was a likelihood of recurrence
of injury, should measures be allowed to lapse.
7. Conclusion on injury
2. Impact of the projected volume of imports and
(142) The analysis of the macro-economic indicators showed
signs of improvement in particular in terms of
price effects in case of repeal of measures
production and sales volumes as well as the Union
(148) As mentioned above, regarding imports from the PRC,
industry's market share over the period considered. At
there was a likelihood of continuation of dumping
the same time some of the relevant micro-economic
should measures be allowed to lapse. The import
indicators decreased such as profitability and return on
volumes of the product concerned from the PRC
investments. Sales prices, although increasing slighlty
would most likely increase without measures at prices
could not reach sustainable levels and match the
significantly undercutting the Union industry's sales
increase in the production cost. This is mainly
prices on the Union market. The investigation has
explained by the fact that the market share of the
shown that the main customers of the Union industry
Chinese imports remained at high levels throughout the
are retailers, i.e. large supermarkets which are in a strong
period considered, whereas the Chinese imports also
negotiation position and will increasingly source ironing
were at low prices which the Union industry had to
boards from the PRC that will very likely enter the
follow to re-gain market share.
market at very low dumped prices. Therefore, the price
pressure on the Union industry would likely aggravate,
and it will be forced to lower its prices with disastrous
effect on their profitability situation which was already
negative during the ERIP.
(143) Therefore, the measures against the PRC had only partly
helped the Union industry to recover from the injury
suffered.
(149) Thus, against the fragile and vulnerable situation of the
Union industry, the increased volumes and price effects
(144) In view of the above analysis, the situation of the Union
of the dumped imports from the PRC would result in
industry has improved and no material injury was taking
heavy financial losses and decrease of market share.
L 198/18
EN
Official Journal of the European Union
23.7.2013
(150) The behaviour of a Chinese exporter that had benefitted
of ironing boards in the PRC is labour intensive and any
in the past from a 0 % duty rate, Since Hardware
increase in production does not require important
(Guangzhou) Co, can be considered to be a strong indi
investments or specific skills. Therefore, on the basis of
cation of the likely behaviour of Chinese exporters, if the
all the information available, it was concluded that there
duties were lifted. It is recalled that Since Hardware
are at least potentially substantial spare capacities
(Guangzhou) Co, which benefitted from a 0 % duty in
available in the PRC, which could be re-directed to the
the past (from April 2007 to December 2010) signifi
Union market should the anti-dumping measures be
cantly increased its exports to the Union at substantially
allowed to lapse.
dumped prices undercutting the Union industry prices
during that period. As mentioned before, an anti-
dumping investigation regarding this company resulted
in the imposition of a definitive anti-dumping duty of
35,8 %. This investigation also concluded that the
4. Other factors
volume of imports from this company during the inves
4.1. Non-dumped imports from the PRC
tigation period of that investigation (2009) had doubled
when compared to the imports of the same company
(155) As mentioned above, during the ERIP no dumping was
during the investigation period of the original investi
found for the only cooperating Chinese exporter which
gation concluded in 2007 (2005). The investigation
has an individual duty of 22,7 %. However, since the
with regard to Since Hardware (Guangzhou) Co
imports of this company represented only a minimal
concluded that as a consequence the Union industry
proportion of the total Chinese import volume, they
suffered material injury.
could not be considered as significant and could not
be considered as having contributed to the fragile
situation of the Union industry during the ERIP.
(151) In addition, the investigation showed that, prior to the
initiation of the present expiry review, Chinese exporting
(156) It was also established that imports from this company
producers already approached potential customers in the
were not undercutting the prices of the Union industry
Union with price offers significantly undercutting the
during the ERIP.
Union industry's sales price. This shows that it is very
likely that the Chinese exporting producers would
attempt to enter the Union market in increased quantities
by lowering their current price levels if measures would
be allowed to lapse.
4.2. Imports from Ukraine
(157) As mentioned above, imports of ironing boards orig
inating in Ukraine increased by 24 %. This resulted in a
slight increase of the corresponding market over the
period considered.
3. Attractiveness of the Union market, existing
measures in other third countries and spare capacity
(152) As mentioned above in recitals (55) to (57), the Chinese
industry of ironing boards is highly export oriented and,
(158) However, the average import price increased from 2008
even after the imposition of the measures, the Union
to the ERIP by 14 %, and reached the same price level
remains their largest and most attractive market.
than the Union industry in the Union market during the
ERIP.
(153) For the Chinese exporting producers the US the second
(159) Therefore, the fragile situation of the Union industry
largest export market. However, access to the US market
cannot be explained by the imports of ironing boards
remains restricted due to the existence of high anti-
from Ukraine. Likewise, it is not likely that imports
dumping measures which were extended until 2015.
from the Ukraine would contribute to the recurrence of
This reinforces the likelihood that imports from the
injury should measures be allowed to lapse.
PRC would be directed to the Union market in
increased quantities should measures not be maintained.
4.3. Imports from other third countries not subject to measures
(160) Import volume from other third countries not subject
(154) According to the information collected by the
measures increased over the period considered, though
Commission from the US sunset review, there are poten
there was a slight decrease between 2010 and the ERIP.
tially substantial spare capacities available in the PRC and
This increase in import volume also translated into an
further additional capacity can be easily increased in case
increase in market share during the same period, from 5-
the anti-dumping duties were revoked as the production
10 % to 15-20 %.
EN
23.7.2013 Official
Journal
of
the
European
Union L
198/19
(161) Although price levels of other third countries' imports
improvements in the overall performance of the Union
were below the average prices of the Union industry,
industry are likely to reverse.
they were above the average import prices from The
PRC as established during the current investigation.
G. UNION INTEREST
1. Introduction
(162) Despite the above, Chinese imports are likely to increase
significantly at dumped prices undercutting the Union
(166) In compliance with Article 21 of the basic Regulation, it
industry's prices. Indeed, the investigation revealed that
was examined whether the imposition of anti-dumping
the average import prices from the PRC without anti-
measures on imports of ironing boards originating in the
dumping duty were undercutting the Union industry's
PRC following the findings of the present expiry review
sales prices on the Union market by about 20 %. Thus,
would not be in the interest of the Union as a whole.
Chinese imports are expected entering the Union market
The determination of the Union interest was based on an
at prices lower than the average price of the imports
appreciation of all the various interests involved. All
from other third countries, should measures be allowed
interested parties were given the opportunity to make
to lapse, as it was already the case during the ERIP.
their views known pursuant to Article 21(2) of the
Therefore, it was concluded that imports from third
basic Regulation.
country markets although having had some impact on
the situation of the Union industry, cannot invalidate the
conclusion of the likelihood of recurrence of injurious
dumping from Chinese imports should measures be
allowed to lapse.
(167) The present investigation is a review that analyses a
situation in which anti-dumping measures have already
been in place. Therefore, it allows the assessment of any
undue negative impact on the parties concerned by the
current anti-dumping measures.
4.4. Decrease in consumption
(163) It is noted that the apparent decrease in consumption
between 2010 and the ERIP is mainly the statistical
(168) It is also noted that it is proposed to terminate the anti-
effect of the decrease in imports caused the imposition
dumping proceeding with regards to imports of ironing
of anti-dumping measures against Since Hardware
boards originating in Ukraine which leads to an increased
(Guangzhou) Co. During the same period, the Union
access of imports of third countries without restrictions
industry was able to increase its sales volume and
to the Union market.
market share. Therefore, the decrease in consumption
could not have had an impact on the situation of the
Union industry.
(169) On this basis, it was examined whether, despite the
conclusions on the likelihood of recurrence of injurious
dumping, compelling reasons existed which would lead
5. Conclusion on the liklihood of recurrecne of
to the conclusion that it is not in the Union interest to
injury
maintain measures against imports originating in the
PRC.
(164) The investigation established a likelihood of recurrence of
injury should measures be allowed to lapse.
2. Interest of the Union industry
(170) The Union industry has proven to be a viable industry.
(165) Taking into account the level of dumping still exercised
This was confirmed by the positive development of its
by the Chinese exporting producers, the attractiveness of
economic situation observed during the period
the Union market, the past behaviour of the Chinese
considered partly due to its efforts to be more
exporting producer Since Hardware (Guangzhou) Co
competitive and the measures in place. It can reasonably
evidenced in the investigation concluded in December
be expected that the Union industry will continue to
2010, the possibility for Chinese producers to increase
benefit from the measures to be maintained. Should
capacity easily in case of increased demand, the strong
the measures against imports originating in the PRC
export orientation of Chinese producers and their price
not be maintained, it is likely that the Union industry
strategies, in the event that measures were allowed to
will suffer material injury from substantial volumes of
lapse, it is likely that the Union industry would be
dumped imports from the PRC, causing a serious deterio
confronted with an increase of dumped Chinese
ration of its financial situation given the undercutting
imports, significantly undercutting the Union industry's
margins established during the ERIP. The currently
prices. In such case, not only the already difficult
already negative profitability rates, return on investments
situation of the Union industry in terms of profitability
and stocks will further decline and ultimately lead to the
is expected to worsen, but also some of the recent
likely disappearance of the Union industry.
L 198/20
EN
Official Journal of the European Union
23.7.2013
(171) Accordingly, it is concluded that the maintenance of anti-
7323 99 00 10, 8516 79 70 10 and 8516 90 00 51) and orig
dumping measures against the PRC would be clearly in
inating in the People's Republic of China.
the interest of the Union industry.
3. Interest of other parties
2. The
rate
of
the
definitive
anti-dumping
duty
applicable
to
(172) None of the 15 contacted importers/traders cooperated.
the net, free-at-Union-frontier price, before duty, for products
None of other potential interested parties made them
described in paragraph 1 and manufactured by the companies
selves known during the investigation. There is no
listed below shall be as follows:
evidence suggesting that the measures in force would
considerably affect the importers or consumers of the
product concerned. In this context, it can be reasonably
assumed that the main customers, i.e. large retail stores,
will be able to pass on any price increase resulting from
anti-dumping duties to the final consumer without
Country Manufacturer Rate
of
duty
(%)
TARIC
additional code
impacting substantially on consumer's perception.
People's
Foshan City Gaoming
34,9 A782
Republic of
Lihe Daily Necessities
China
Co. Ltd., Foshan
4. Conclusion on Union interest
Guangzhou Power 39,6 A783
Team Houseware Co.
(173) On this basis, it can be concluded that there are no
Ltd., Guangzhou
compelling reasons clearly indicating that maintaining
the measures against the PRC would be against the
Since Hardware 35,8 A784
overall Union interest.
(Guangzhou) Co.,
Ltd., Guangzhou
Foshan Shunde 18,1 A785
Yongjian Housewares
H. ANTI-DUMPING MEASURES
and Hardware Co.
Ltd., Foshan
(174) All parties were informed of the essential facts and
considerations on the basis of which it is intended to
Zhejiang Harmonic
26,5 A786
recommend that the existing measures be maintained
Hardware Products
on imports of the product concerned originating in the
Co. Ltd., Guzhou
PRC and the repeal of the measures in force on imports
of the product concerned originating in Ukraine. They
Greenwood
22,7 A953
were also granted a period to make representations.
Houseware (Zhuhai)
Ltd, Guangdong
All other companies 42,3 A999
(175) It follows from the above that, as provided for by
Article 11(2) and Article 11(3) of the basic Regulation,
the anti-dumping measures applicable to imports of
ironing boards originating in the People's Republic of
3. Unless
otherwise
specified,
the
provisions
in
force
China should be maintained and the anti-dumping duty
concerning customs duties shall apply.
in force on imports of ironing boards originating in
Ukraine should be allowed to lapse,
HAS ADOPTED THIS REGULATION:
Article 2
The anti-dumping proceeding concerning imports of ironing
boards originating in Ukraine is hereby terminated and anti-
dumping measures imposed on Ukraine by Regulation (EC)
Article 1
No 452/2007 are herewith repealed.
1. A
definitive
anti-dumping
duty
is
hereby
imposed
on
imports of ironing boards, whether or not free-standing, with
or without a steam soaking and/or heating top and/or blowing
top, including sleeve boards, and essential parts thereof, i.e. the
legs, the top and the iron rest, currently falling within CN codes
Article 3
ex 3924 90 00, ex 4421 90 98, ex 7323 93 00, ex 7323 99 00,
ex 8516 79 70
and
ex 8516 90 00
(TARIC
codes
This Regulation shall enter into force on the day following that
3924 90 00 10,
4421 90 98 10,
7323 93 00 10,
of its publication in the Official Journal of the European Union.
EN
23.7.2013 Official
Journal
of
the
European
Union L
198/21
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 July 2013.
For the Council
The President
V. JUKNA
Document Outline
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