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6.12.2012 Official
Journal
of
the
European
Union L
334/31
REGULATIONS
COUNCIL IMPLEMENTING REGULATION (EU) No 1153/2012
of 3 December 2012
imposing a definitive anti-dumping duty on imports of chamois leather originating in the People’s
Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EC) No
1225/2009
THE COUNCIL OF THE EUROPEAN UNION,
measures pursuant to Article 11(2) of the basic Regu
lation. The request was lodged by the UK Leather
Federation (‘the applicant’), representing more than
50 % of the total Union production of chamois leather.
Having regard to the Treaty on the Functioning of the European
Union,
(3) The
application
submitted
was
based
on
the
grounds
that
the expiry of the definitive anti-dumping measures would
Having regard to Council Regulation (EC) No 1225/2009 of
be likely to result in a continuation of dumping and
30 November 2009 on protection against dumped imports
injury to the Union industry.
from countries not members of the European Community ( 1 )
(‘the basic Regulation’), and in particular Articles 9(4) and 11(2)
thereof,
3. Initiation of an expiry review
(4) Having
determined,
after
consulting
the
Advisory
Having regard to the proposal submitted by the European
Committee, that sufficient evidence existed for the
Commission (‘the Commission’) after consulting the Advisory
initiation of an expiry review, the Commission
Committee,
announced on 13 September 2011, by a notice
published in the Official Journal of the European Union ( 4 )
(‘the Notice of initiation’), the initiation of an expiry
review pursuant to Article 11(2) of the basic Regulation.
Whereas:
4. Investigation
A. PROCEDURE
4.1. Review investigation period and period considered
1. Measures in force
(5)
The investigation of a continuation of dumping covered
(1) The
Council,
following
an
anti-dumping
investigation
the period from 1 July 2010 to 30 June 2011 (‘the
(‘the original investigation’), imposed by Regulation (EC)
review investigation period’ or ‘RIP’). The examination
No 1338/2006 (
of the trends relevant for the assessment of the likelihood

2 ) a definitive anti-dumping duty on
imports of chamois leather currently falling within CN
of a continuation of injury covered the period from
codes 4114 10 10 and 4114 10 90 originating in the
1 January 2008 to the end of the review investigation
People’s Republic of China (the ‘PRC’ or ‘the country
period (‘the period considered’).
concerned’) (‘the definitive anti-dumping measures’). The
measures took the form of an ad valorem duty at the level
of 58,9 %.
4.2. Parties concerned by the investigation
(6) The
Commission
officially
advised
the
applicant
and
2. Request for an expiry review
other known Union producers, exporting producers in

the country concerned, unrelated importers, users in
(2) Following the publication of a notice of impending
the Union known to be concerned, and the represen
expiry of the definitive anti-dumping measures in
tatives of the exporting country of the initiation of the
force (
expiry review. Interested parties were given the oppor

3 ), the Commission received on 14 June 2011 a
request for the initiation of an expiry review of these
tunity to make their views known in writing and to
request a hearing within the time limit set out in the
Notice of initiation.
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 2 ) OJ L 251, 14.9.2006, p. 1.
( 3 ) OJ C 19, 20.1.2011, p. 9.
( 4 ) OJ C 270, 13.9.2011, p. 6.

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L 334/32
EN
Official Journal of the European Union
6.12.2012
(7) In view of the apparent large number of Union
B. PRODUCT CONCERNED AND LIKE PRODUCT
producers, exporting producers in the country
concerned and unrelated importers, it was considered
(13) The
product
concerned
by
this
review
is
the
same
as
the
appropriate, in accordance with Article 17 of the basic
one in the original investigation, namely chamois leather
Regulation, to examine whether sampling should be used.
and combination chamois leather, whether or not cut to
In order to enable the Commission to decide whether
shape, including crust chamois leather and combination
sampling would be necessary and, if so, to select a
crust chamois leather originating in the People’s Republic
sample, those parties were requested, pursuant to
of China (‘the product concerned’), currently falling
Article 17 of the basic Regulation, to make themselves
within CN codes 4114 10 10 and 4114 10 90.
known within 15 days of the initiation of the review and
to provide the Commission with the information
requested in the Notice of initiation.
(14) The
investigation
confirmed
that,
as
in
the
original
inves
tigation, the product concerned and the products manu
(8) Sampling
for
Union
producers
has
been
applied,
and
out
factured and sold on the domestic market in the PRC, as
of three known Union producers two groups of
well as those manufactured and sold in the Union by the
producers have been sampled.
Union producers, have the same basic physical and
technical characteristics as well as the same uses and
are, therefore, considered to be like products within the
meaning of Article 1(4) of the basic Regulation.
(9) Six
known
exporting
producers
in
the
PRC
were
contacted. However, none of these companies cooperated
in the investigation.
C. LIKELIHOOD OF A CONTINUATION OF DUMPING
(10) With
regard
to
importers,
35
unrelated
importers
of
chamois leather in the Union were identified and
(15) In
accordance
with
Article
11(2)
of
the
basic
Regulation,
invited to provide sampling information. Only two of
it was examined whether the expiry of the existing
them came forward and were willing to cooperate in
measures would be likely to lead to a continuation of
the current review. Consequently, no sampling was
dumping.
necessary for unrelated importers.
(11) The
Commission
sent
questionnaires
to
all
parties
known
1. Preliminary remarks
to be concerned and to those who made themselves
known within the deadlines set in the Notice of initi
(16) As
stated
in
recital
(9)
above,
none
of
the
six
exporting
ation. Replies were received from the sampled groups
producers in the PRC contacted cooperated with the
of Union producers and two cooperating unrelated
investigation and findings on the likelihood of a
importers. None of the exporting producers in the PRC
continuation of dumping had to be based on facts
cooperated in the review and no relevant consumer
available, in particular information submitted by the
association supplied the Commission with any
applicant, including information in the review request,
information or made itself known in the course of the
and statistics in accordance with Article 18 of the basic
investigation.
Regulation.
(12) The
Commission
sought
and
verified
all
the
information
it deemed necessary for a determination of the likelihood
of a continuation of dumping and resulting injury and of
2. Dumping of imports during the RIP
the Union interest. Verification visits were carried out at
the premises of the following interested parties:
2.1. Analogue country

(17) In accordance with the provisions of Article 2(7)(a) of the
basic Regulation, normal value had to be determined on
the basis of the price or constructed normal value
Union producers
obtained in an appropriate market economy third
country (the ‘analogue country’), or the price from the
— Hutchings & Harding Ltd, Cambridge, United
analogue country to other countries, including the
Kingdom; and
Union, or, where those are not possible, on any other
reasonable basis, including the price actually paid or
payable in the Union for the like product, duly
adjusted if necessary to include a reasonable profit
— Marocchinerie e Scamoscerie Italiane Spa, Turin, Italy.
margin.

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EN
6.12.2012 Official
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(18) In
the original investigation, the USA served as an
exporting producers, both in terms of price and volumes.
analogue country for the purpose of establishing the
This is reinforced by the fact that there are significant
normal value. The only chamois leather producer
production capacities available in the PRC since the
operating in the USA at the time of the original investi
imposition of measures when imports from the PRC
gation has since closed its production site. Since then, its
were reduced. Already prior to the imposition of
chamois leather has been imported from a joint venture
measures the PRC tripled its Union market share for
company in Turkey. As there is no more significant
this product — from 10,7 % market share of the
production of chamois leather left in the USA, other
Union market in 2001 to 31,7 % in 2004. Furthermore,
countries, i.e. New Zealand, Turkey and India, were
Chinese export prices to the Union are still higher than
envisaged as analogue countries in the Notice of
those on the markets of certain other third countries,
initiation of the present review. Potential analogue
making the Union market attractive to the Chinese
country producers located in New Zealand, Turkey and
exporting producers.
India were contacted, but no cooperation could be
obtained.
(23) The
foregoing
analysis
demonstrates
that
Chinese
exports
continued to enter the Union market at dumped prices
with very high dumping margins. Given most notably the
(19) Regarding the normal value, in the absence of
cooperation from an analogue country producer, it was
analysis of price levels in the Union as well as capacities
determined on the basis of information on the average
available in the PRC, it can be concluded there is a
price of Indian imports into the Union as available in the
likelihood of a continuation of dumping should
import statistics from Eurostat for the RIP (India being
measures be removed.
the country with the highest volume of imports into the
Union). Regarding the export price, in the absence of
cooperation from the exporting producers from the
PRC, it was based on the information on the average
D. INJURY
price of the Chinese imports into the Union as
available in the import statistics from Eurostat for the
1. Union industry
RIP. On those bases, the dumping margin was established
as the difference between the average price of the Indian
(24) Within the Union, the like product is manufactured by
imports into the Union used as normal value and the
three (groups of) companies. Two of them are repre
average price of the Chinese imports used as export price.
sented by the applicant and are based in the UK and
The dumping calculation resulted in a dumping margin
Italy with some processing in Poland and Romania. A
of 64 %.
third producer is based in Italy and is supporting the
request. All other chamois leather producers are
reported to have closed their manufacturing sites since
2006 when the original measures were introduced.
2.2. Development of imports should measures be repealed
(20) Further to the analysis of the existence of dumping
(25) The
total Union production within the meaning of
during the RIP, the likelihood of continuation of
Article 4(1) of the basic Regulation was established on
dumping should measures be repealed was investigated.
the basis of the questionnaire replies from the sampled
Given the fact that no exporting producer in the PRC
Union producers and the basic macro data submitted by
cooperated in this investigation, the conclusions below
the third producer in the standing/sampling exercise.
rely on facts available in accordance with Article 18 of
Those companies constitute the Union industry within
the basic Regulation, namely information provided in the
the meaning of Article 4(1) and Article 5(4) of the
review request, data provided by the applicant, as well as
basic Regulation, and will hereafter be referred to as
Eurostat data.
the ‘Union industry’. The two sampled producers
account for 80 % of Union production.
(21) In
this
respect,
the
following
elements
were
analysed:
development of imports from the PRC, production and
(26) Since
the
microeconomic
injury
indicators
are
based
on
spare capacity of the exporting producers and attract
data of two companies only, they are presented in an
iveness of the Union market in terms of prices and
indexed format in order to preserve confidentiality,
volumes.
pursuant to Article 19 of the basic Regulation.
2. Consumption in the Union market
(22) As
indicated
in
recital
(32)
below,
the
price
comparison
between imports from the PRC in the RIP and Union
(27) Union
consumption
was
established
on
the
basis
of
the
industry prices shows significant undercutting (51,6 %).
sales volumes of the Union industry on the Union
The Union market continues to be attractive for Chinese
market and import data from Eurostat.

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L 334/34
EN
Official Journal of the European Union
6.12.2012
(28) It is also noted that since 2010, there have been significant volumes of low-priced chamois leather
exported to the rest of the Union via Spain (some 31 % in terms of market share). It is noted that
Spain has no longer any production of the like product and the sales of chamois leather from Spain
to the rest of the Union exceed imports. Those volumes have been added to the consumption figure.
Between 2008 and the RIP, Union consumption increased by 26 %, with the main increase occurring
between 2009 and 2010.
Table 1
2008 2009 2010 RIP
Total Union consumption ('000 sq ft) (*) 22
107 22
300 28
434 27
827
Index (2008 = 100) 100 101 129 126
(*) Data from Eurostat and questionnaire replies
3. Imports from the PRC
(a) V o l u m e a n d m a r k e t s h a r e
(29) Following the imposition of measures in 2006, the Chinese imports decreased significantly and are
still rather limited, corresponding to a market share of some 4 % during the RIP. Notwithstanding
this, over the period considered the volume of imports originating in the PRC has increased by 9
percentage points and reached a level of 1 103 330 square feet during the RIP. However, Chinese
imports did not increase at the same rate as Union consumption and the market share of Chinese
imports decreased over the period considered.
Table 2
2008 2009 2010 RIP
Volume of imports from the country concerned 1 010,00 786,67 883,33 1
103,33
('000 sq ft) (*)
Index (2008 = 100) 100 78 87 109
Market share of imports from the country
5 % 4
% 3
% 4
%
concerned (*)
(*) Data from Eurostat
(b) P r i c e s
(i) Price evolution
(30) The average price of the Chinese imports has varied over the period considered. Compared to 2008,
the price initially increased in 2009 before dropping by 13 % in 2010 and climbing back to its 2008
level during the RIP.
Table 3
2008 2009 2010 RIP
Price of imports from the country concerned
0,45 0,61 0,39 0,46
(EUR/sq ft) (*)
Index (2008 = 100) 100 136 87 102
(*) Data from Eurostat

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EN
6.12.2012 Official
Journal
of
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Union L
334/35
(ii) Price undercutting
(31) For the purpose of analysing price undercutting, the weighted average sales prices of the Union
industry to unrelated customers on the Union market were compared to the corresponding weighted
average CIF prices of exporters from the PRC. Therefore, the sales prices of the Union industry have
been adjusted in particular for credit costs, delivery costs, packaging and commissions to an ex-works
level. The CIF prices of exports from the PRC have been obtained from Eurostat and adjusted to
cover all costs related to customs clearance, i.e. customs tariff and post-importation costs (landed
price).
(32) The comparison showed that during the RIP the imports of the product concerned undercut the
Union industry’s prices by around 51,6 %.
4. Economic situation of the Union industry
(33) 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.
(34) For the purpose of the injury analysis, the injury indicators have been established at the following
two levels:
— The macroeconomic indicators (production, capacity, sales volume, market share, growth,
employment, productivity, average unit prices and magnitude of dumping margins and
recovery from the effects of past dumping) were assessed at the level of the whole Union
industry, on the basis of the information collected from the full questionnaire replies by the
sampled companies and the macro data provided by the third Union producer.
— The analysis of microeconomic indicators (stocks, wages, profitability, return on investments, cash
flow, ability to raise capital and investments) was based on the information derived from the duly
verified questionnaire replies provided by the sampled companies. This information is considered
to be representative of the whole Union industry. Given that these indicators relate to two
companies only, the absolute figures cannot be disclosed for confidentiality reasons, pursuant
to Article 19 of the basic Regulation, and only indices are provided below.
(a) M a c r o e c o n o m i c i n d i c a t o r s
4.1. Production
(35) Since 2008, the Union production decreased continuously and during the RIP fell to 12 % below its
2008 level, despite the fact that consumption was increasing at the same time by 26 %.
Table 4
2008 2009 2010 RIP
Production ('000 sq ft) (*) 7
659 7
223 7
100 6
753
Index (2008 = 100) 100 94 93 88
(*) Data from questionnaire replies
4.2. Production capacity and capacity utilisation rates
(36) Production capacity remained stable between 2008 and the RIP. While capacity utilisation was
already at a low level in 2008, the decrease in production between 2008 and the RIP led to a
further significant decrease of capacity utilisation by 7 percentage points between 2008 and the RIP.

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L 334/36
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Official Journal of the European Union
6.12.2012
Table 5
2008 2009 2010 RIP
Production capacity ('000 sq ft) (*) 13
290 13
290 13
290 13
290
Index (2008 = 100) 100 100 100 100
Capacity utilisation (*) 58
% 54
% 53
% 51
%
Index (2008 = 100) 100 94 93 88
(*) Data from questionnaire replies
4.3. Sales volume
(37) The sales by the Union industry on the Union market to unrelated customers increased by 5 %
between 2008 and 2009, before dropping 2 % in 2010 and rising again during the RIP. Overall, the
sales volume increased by 9 % over the period considered.
Table 6
2008 2009 2010 RIP
Union Sales volume to unrelated customers ('000 sq
5 144 5
393 5
324 5
627
ft) (*)
Index (2008 = 100) 100 105 103 109
(*) Data from questionnaire replies
4.4. Market share
(38) Between
2008
and
2009,
the
Union
industry
managed
to
slightly
regain
1
%
market
share
from
its
already low level of 23 % in 2008, before its market share declined by 4 percentage points to only
20 % in the RIP.
Table 7
2008 2009 2010 RIP
Market share of the Union industry (*) 23
% 24
% 19
% 20
%
Index (2008 = 100) 100 104 80 87
(*) Data from Eurostat and questionnaire replies
4.5. Growth
(39) Between 2008 and the RIP, whilst the Union consumption increased by 26 %, the volume of sales by
the Union producers on the Union market increased only by 9 %, and the Union producers’ market
share decreased by 3 percentage points. It is thus concluded that the Union producers could hardly
benefit from the growth of the market.
4.6. Employment
(40) After a first significant 9 % drop of employment between 2008 and 2009, the level of employment
of the Union industry continued to decline. From 74 employees in 2008, only 59 employees are left
in the RIP, which means an overall drop of 19 %.

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Table 8
2008 2009 2010 RIP
Employment product concerned (persons) (*) 74 67 62 59
Index (2008 = 100) 100 91 84 81
(*) Data from questionnaire replies
4.7. Productivity
(41) Productivity of the Union industry’s workforce, measured as output per person employed per year,
increased by 9 % between 2008 and the RIP. This is a reflection of the fact that employment declined
at a faster pace than production.
Table 9
2008 2009 2010 RIP
Productivity (sq ft per employee) (*) 104
031 107
536 114
512 113
655
Index (2008 = 100) 100 103 110 109
(*) Data from questionnaire replies
4.8. Sales prices and factors affecting domestic prices
(42) Unit
sales
prices
of
the
Union
industry
remained
stable
between
2008
and
the
RIP.
As
mentioned
above, the Union industry prices were significantly undercut by the dumped Chinese imports.
However, the maintained prices level has been at the expense of the Union Industry’s market share.
Table 10
2008 2009 2010 RIP
Unit price Union market (EUR/sq ft) (*) 1,01 0,97 1,01 1,01
Index (2008 = 100) 100 96 100 100
(*) Data from questionnaire replies
4.9. Magnitude of dumping margin
(43) Given the volume, market share and prices of the imports from the PRC, the impact on the Union
industry of the actual margin of dumping cannot be considered to be negligible.
4.10. Recovery from the effects of past dumping
(44) The
indicators
examined
above
show
that,
notwithstanding
the
imposition
of
the
anti-dumping
measures in 2006, the economic and financial situation of the Union industry has remained substan
tially fragile and injurious. Thus, no actual recovery from the past dumping could be established and
it is considered that the Union industry remains vulnerable to the injurious effect of any dumped
imports in the Union market.

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L 334/38
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Official Journal of the European Union
6.12.2012
(b) M i c r o e c o n o m i c i n d i c a t o r s
4.11. Stocks
(45) The
level
of
closing
stocks
of
the
Union
industry
increased
significantly
by
31
%
between
2008
and
the RIP. Further analysis allowed the fine-tuning of the assessment of the evolution of the number of
months of production being stocked. In this respect, in 2008 the sampled producers kept around five
months of production (43 %), but the pressure of the dumped imports forced them to increase stocks
to more than seven months of production (corresponding to 63 % of total yearly production) during
the RIP. The conclusion that the trend of stocks shows an injurious situation is therefore confirmed.
Table 11
2008 2009 2010 RIP
Closing stock (sq ft) (*) Business
confidential
data
Index (2008 = 100) 100 116 135 131
(*) Data from questionnaire replies
4.12. Wages
(46) The average wage per employee was stable between 2008 and 2009 as well as between 2010 and the
RIP. The sharp increase by 20 % between 2009 and 2010 is due to a significant increase in labour
cost by two of the sampled companies despite the fact that employment has been reduced.
Table 12
2008 2009 2010 RIP
Annual labour cost per employee ('000 EUR) (*) Business
confidential
data
Index (2008 = 100) 100 100 120 120
(*) Data from questionnaire replies
4.13. Investments
(47) The sampled companies’ annual investments in the production of the like product were predomi
nantly for the maintenance, and increased by 21 % between 2008 and the RIP. The sharp increase
between 2010 and the RIP is due to the purchase of some equipment by one of the sampled
companies in 2011.
Table 13
2008 2009 2010 RIP
Net investments (EUR) (*) Business
confidential
data
Index (2008 = 100) 100 102 72 121
(*) Data from questionnaire replies
4.14. Profitability and return on investments
(48) The
Union
industry
was
loss-making
throughout
the
whole
period
considered.
Between
2008
and
the
RIP, the losses (both in absolute terms and expressed as percentage of turnover) more than doubled.
(49) Similarly,
the
return
on
investments
(‘ROI’)
was
negative
throughout
the
whole
period
considered,
and worsened by – 131 percentage points between 2008 and the RIP.

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Table 14
2008 2009 2010 RIP
Net Profit of EU sales to unrelated customers (% of Business confidential data
net sales) (*)
Index (2008 = 100) –
100 –
95 –
73 –
203
ROI (net profit in % of net book value of invest Business confidential data
ments) (*)
Index (2008 = 100) –
100 –
95 –
73 –
231
(*) Data from questionnaire replies
4.15. Cash flow and ability to raise capital
(50) The
net
cash
flow
from
operating
activities
remained
negative
throughout
the
whole
period
considered, and worsened by nearly – 300 percentage points between 2008 and the RIP.
Table 15
2008 2009 2010 RIP
Cash flow (EUR) (*) Business
confidential
data
Index (2008 = 100) –
100 –
115 –
77 –
398
(*) Data from questionnaire replies
(51) There were no indications that the Union industry encountered difficulties in raising capital.
(c) I m p a c t o f d u m p e d i m p o r t s a n d o t h e r f a c t o r s
4.16. Impact of the dumped imports
(52) Following the imposition of measures, the Chinese imports decreased significantly and are still rather
limited, corresponding to a market share of some 4 % during the RIP. The price comparison between
these imports and Union industry prices, however, shows significant undercutting (51,6 %). Given
that chamois leather is a standardised product, that the product scope is very limited and that the
Chinese goods are in terms of quality similar to the European, the relatively small market share of
Chinese imports combined with significant undercutting points to significant impact those imports
have on the situation of the Union industry.
4.17. Imports from other countries
(53) There are significant imports from India, Turkey and New Zealand as well as some imports from
other countries, which together account for a market share of 46 % in the RIP (down from 60 % in
2008).
(54) With regard to imports from India, it is noted that their volumes are significant and that their market
share has increased from 11 % in 2008 to 16 % in the RIP. At the same time, the average prices of
Indian imports are somewhat below the average prices of the Union producers. Given the significant
volumes and price differential, it is considered that Indian imports are contributing to some extent to
the negative economic situation of the Union industry. At the same time, it is noted that prices of
Indian imports are more than 60 % higher than the dumped Chinese imports. Consequently, it is
considered that this limited impact on the current situation of the Union industry would in all
likelihood not break the causal link between dumped imports and injury in the event of the likely
increase in the dumped Chinese imports and further deterioration of the Union industry’s situation
resulting therefrom if measures would be repealed.

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L 334/40
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Official Journal of the European Union
6.12.2012
Table 16
2008 2009 2010 RIP
Volume of imports from India ('000 sq ft) (*) 2
330,00 2
123,33 4
276,67 4
436,67
Market share of imports from India (*) 11
% 10
% 15
% 16
%
Average price of imports from India (EUR/sq ft) 0,79 0,82 0,66 0,75
(*) Data from Eurostat and questionnaire replies
(55) There
are
also
significant
imports
from
Turkey,
which
account
for
a
market
share
of
10
%
in
the
RIP
(down from 18 % in 2008). At the same time, the average prices of these imports are much higher
than the chamois leather from the PRC and are very close to the price level of the Union industry.
Given the declining trend of the imports from Turkey and their relatively high prices, it is considered
that they would not break the causal link between dumped imports and injury in the event of the
likely increase in the dumped Chinese imports and further deterioration of the Union industry’s
situation resulting therefrom if measures would be repealed.
Table 17
2008 2009 2010 RIP
Volume of imports from Turkey ('000 sq ft) (*) 4
063,33 2
623,33 2
933,33 2
700,00
Market share of imports from Turkey (*) 18
% 12
% 10
% 10
%
Average price of imports from Turkey (EUR/sq ft) 0,77 0,89 1,05 1,20
(*) Data from Eurostat and questionnaire replies
(56) There are also significant imports from New Zealand, which account for a market share of 7 % in the
RIP and which have increased from 3 % in 2008. However, the average prices of these imports are
much higher than the chamois leather from the PRC and even higher than the price level of the
Union industry. Given the relatively high prices of imports from New Zealand, it is considered that
they, too, would not break the causal link between dumped imports and injury in the event of the
likely increase in the dumped Chinese imports and further deterioration of the Union industry’s
situation resulting therefrom if measures would be repealed.
Table 18
2008 2009 2010 RIP
Volume of imports from New Zealand ('000 sq
716,67 2
426,67 1
966,67 1
883,33
ft) (*)
Market share of imports from New Zealand (*) 3
% 11
% 7
% 7
%
Average price of imports from New Zealand (EUR/sq ft) 1,29 1,43 1,43 1,48
(*) Data from Eurostat and questionnaire replies
(57) Imports from the rest of the world account for a market share of 13 % in the RIP (down from 27 %
in 2008). At the same time, the average prices of these imports are much higher than the chamois
leather from the PRC and are close to the price level of the Union industry. Given the declining trend
of the imports from rest of the world and their relatively high prices compared to chamois leather
imports from the PRC, it is considered that they, too, would not break the causal link between
dumped imports and injury in the event of the likely increase in the dumped Chinese imports and
further deterioration of the Union industry’s situation resulting therefrom if measures would be
repealed.

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EN
6.12.2012 Official
Journal
of
the
European
Union L
334/41
Table 19
2008 2009 2010 RIP
Volume of imports from rest of the world
5 896,67 4
013,33 4
480,00 3
556,67
('000 sq ft) (*)
Market share of imports from rest of the world (*) 27
% 18
% 16
% 13
%
Average price of imports from rest of the world
0,63 0,84 0,81 0,84
(EUR/sq ft)
(*) Data from Eurostat and questionnaire replies
(58) Imports
from
all
other
third
countries
taken
together
account
for
a
market
share
of
46
%
in
the
RIP
(down from 60 % in 2008). At the same time, the average prices of these imports are much higher
than the chamois leather from the PRC and are very close to the price level of the Union industry.
Given the declining trend of the imports from third countries and their relatively high prices, it is
considered that they, taken as a whole, would also not break the causal link between dumped
imports and injury in the event of the likely increase in the dumped Chinese imports and further
deterioration of the Union industry’s situation resulting therefrom if measures would be repealed.
Table 20
2008 2009 2010 RIP
Volume of imports from other countries ('000 sq 13 006,67 11
186,67 13
656,67 12
576,67
ft) (*)
Index (2008 = 100) 100 86 105 97
Market share of imports from other countries (*) 60
% 51
% 49
% 46
%
Average price of imports from other countries (EUR/sq ft) 0,74 0,98 0,91 0,98
(*) Data from Eurostat and questionnaire replies
5. Conclusion on the situation of the Union industry
cash flow of the Union industry remained negative
throughout the period considered and further
(59) There
are
only
three
producers
(all
of
them
SMEs)
left
in
deteriorated towards the RIP.
the Union. All other chamois leather producers are
reported to have closed their manufacturing sites since
2006 when the original measures were introduced. That
(62) Imports
from
India,
Turkey,
New
Zealand
and
the
rest
of
can be seen as resulting from the increased pressure that
the world have been analysed. With regard to each of
the Chinese dumped imports have been exercising on the
those imports flows, as well as all of them taken
Union market, even in a situation of increasing
together, it is considered that they would not break the
consumption.
causal link between dumped imports and injury in the
event of the likely increase in the dumped Chinese
imports and further deterioration of the Union industry’s
(60) The injury analysis shows that the situation of the Union
situation resulting therefrom if measures would be
industry deteriorated in the period considered. In
repealed.
particular, production dropped by some 12 %, and even
if the sales increased slightly, that increase was less than
the increase in consumption, and consequently the
(63) In the light of the foregoing, it is concluded that the
market share of the Union producers decreased by 3
Union industry has continued to suffer material injury
percentage points.
within the meaning of Article 3(5) of the basic Regu
lation, and that its situation is very fragile and vulnerable
and far from the condition that could be expected had it
(61) At the same time, the analysis of microeconomic indi
recovered from the injury found in the original investi
cators show that profitability, return on investment and
gation.

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L 334/42
EN
Official Journal of the European Union
6.12.2012
(64) It is also concluded that the injurious situation of the
2. Interest of the Union industry
Union industry has been predominantly caused by the
continued existence (even if in lower quantities) of the
(71) The
Union
industry,
composed
of
SMEs,
has
consistently
dumped and low priced imports from the PRC.
lost market share and has suffered material injury during
the period considered. Should measures be repealed, the
Union industry would in all likelihood be in an even
worse situation.
E. LIKELIHOOD OF A CONTINUATION OF INJURY
1. Impact of the projected volume of imports and
price effects in case of repeal of measures
3. Interest of importers
(65) Although
the
import
volumes
from
the
PRC
decreased
significantly after the imposition of measures in 2006, it
(72) There
are
two
unrelated
importers
cooperating
in
the
is considered that there remain significant production
investigation. The chamois leather related business
capacities in the PRC (see recital 22). These spare
constitutes only a limited part of their respective turn
capacities may be easily diverted to the Union market
overs. There are no indications that a continuation of
if measures would be repealed.
measures would have any significant negative effect on
their activities.
(66) It
is
considered
that
should
measures
be
repealed,
the
Chinese exporting producers would in all likelihood
strive to regain any lost market share in the Union.
4. Interest of users and consumers
Indeed, the significant undercutting established by the
investigation shows that the level of prices in the
(73) No user
or consumer associations made themselves
Union makes it a very interesting market for the
known within the time-limit set in the Notice of initi
Chinese imports (see recital 22).
ation, as was also the case in the original investigation.
Given that in the original investigation it was considered
that the measures in question would not unduly affect
the interest of these parties, and considering their
2. Conclusion on the continuation of injury
continuous non-cooperation, it can be concluded that
their interest will remain unaffected by the maintenance
(67) On this basis, it is concluded that the repeal of measures
of the measures. Indeed, the existence of significant
on the imports from the PRC would in all likelihood
imports from other sources and at competitive prices
result in the continuation of injury to the Union industry.
will ensure that users and consumers continue to have
a wide choice of different suppliers of the product in
question and at reasonable prices.
F. UNION INTEREST
1. Introduction
(68) In
accordance
with
Article
21
of
the
basic
Regulation,
it
5. Conclusion
was examined whether the maintenance of the existing
(74) Taking
into
account
all
of
the
factors
outlined
above,
it
is
anti-dumping measures would not be against the interest
concluded that there are no compelling reasons against
of the Union as a whole. The determination of the Union
the maintenance of the current anti-dumping measures.
interest was based on an appreciation of the various
interests involved, i.e. those of the Union industry on
the one hand, and those of importers and users on the
other hand.
G. ANTI-DUMPING MEASURES
(75) All
parties
were
informed
of
the
essential
facts
and
(69) It
should
be
recalled
that,
in
the
original
investigation,
considerations on the basis of which it was intended to
the adoption of measures was considered not to be
recommend that the existing measures be maintained.
against the interest of the Union. Furthermore, the fact
They were also granted a period to submit comments
that the present investigation is a review, thus analysing a
subsequent to that disclosure. The submissions and
situation in which anti-dumping measures have already
comments were, where warranted, duly taken into
been in place, allows for the assessment of any undue
consideration.
negative impact on the parties concerned by the current
anti-dumping measures.
(76) It
follows
from
the
above
that,
as
provided
for
by
(70) On
this
basis
it
was
examined
whether,
despite
the
Article 11(2) of the basic Regulation, the anti-dumping
conclusions on the likelihood of a continuation of
measures applicable to imports of chamois leather orig
injurious dumping, it could be clearly concluded that it
inating in the PRC should be maintained. It is recalled
would not be in the Union interest to maintain measures
that these measures consist of an ad valorem duty at the
in this particular case.
level of 58,9 %,

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EN
6.12.2012 Official
Journal
of
the
European
Union L
334/43
HAS ADOPTED THIS REGULATION:
2. The
rate
of
the
definitive
anti-dumping
duty
applicable
to
the net, free-at-Union-frontier price, before duty, for the
products described in paragraph 1 shall be 58,9 %.
Article 1
3. Unless
otherwise
specified,
the
provisions
in
force
1. A
definitive
anti-dumping
duty
is
hereby
imposed
on concerning customs duties shall apply.
imports of chamois leather and combination chamois leather,
whether or not cut to shape, including crust chamois leather
Article 2
and combination crust chamois leather, currently falling within
CN codes 4114 10 10 and 4114 10 90 and originating in the
This Regulation shall enter into force on the day following that
People’s Republic of China.
of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 December 2012.
For the Council
The President
N. SYLIKIOTIS

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