HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 346/6
EN
Official Journal of the European Union
30.12.2011
COUNCIL IMPLEMENTING REGULATION (EU) No 1389/2011
of 19 December 2011
imposing a definitive anti-dumping duty on imports of trichloroisocyanuric acid 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,
(4)
The request was based on the grounds that the expiry of
the measures would be likely to result in a continuation
or recurrence of dumping and injury to the Union
Having regard to the Treaty on the Functioning of the European
industry.
Union,
Having regard to Council Regulation (EC) No 1225/2009 of
3. Initiation
30 November 2009 on protection against dumped imports
from countries not members of the European Community (
(5) Having
determined,
after
consulting
the
Advisory

1 )
Committee, that there was sufficient evidence for the
(the basic Regulation), and in particular Article 11(2) thereof,
initiation of an expiry review, on 6 October 2010 the
Commission announced the initiation of such a review,
pursuant to Article 11(2) of the basic Regulation, in a
Having regard to the proposal submitted by the European
notice published in the Official Journal of the European
Commission (Commission) after consulting the Advisory
Union ( 6 ) (the Notice of initiation).
Committee,
Whereas:
4. Investigation
4.1. Investigation period
A. PROCEDURE
(6) The
review
investigation
period
(RIP)
lasted
from
1
July
1. Measures in force
2009 to 30 June 2010. The likelihood of continuation or

recurrence of injury aspects was analysed during the
(1) By
Regulation
(EC)
No
1631/2005
(
period from 1 January 2007 to the end of the RIP

2 ) the Council
imposed definitive anti-dumping measures consisting of
(period considered).
individual duties ranging from 7,3 % to 40,5 % with a
residual duty of 42,6 % ( 3 ) on imports of trichloroiso
cyanuric acid originating in the People’s Republic of
China (PRC).
4.2. Parties concerned by the investigation
(7) The
Commission
officially
advised
the
applicants,
the
(2) By
Regulation
(EC)
No
855/2010
(
other known Union producer, exporting producers,

4 ) the Council lowered
the individual duty applied to one company from 14,1 %
importers and users known to be concerned, as well as
to 3,2 %.
the representatives of the PRC, of the initiation of the
expiry review.
2. Request for a review
(3) Following the publication of a notice of impending
(8) Interested
parties
were
given
the
opportunity
to
make
expiry ( 5 ) of the definitive anti-dumping measures in
their views known in writing and to request a hearing
force, on 6 July 2010 the Commission received a
within the time limit set out in the Notice of initiation.
request for the initiation of an expiry review of these
All interested parties who requested a hearing and who
measures pursuant to Article 11(2) of the basic Regu
showed that there were specific reasons why they should
lation. The request was lodged by the European
be heard, were granted a hearing.
Chemical Industry Council (CEFIC) on behalf of Union
producers representing a major proportion, in this case
more than 90 %, of the total Union production of trich
loroisocyanuric acid (the applicants).
(9)
In view of the apparently large number of exporting
producers in the PRC and unrelated importers in the
( 1 ) OJ L 343, 22.12.2009, p. 51.
Union, sampling was envisaged for these parties in the
( 2 ) OJ L 261, 7.10.2005, p. 1.
notice of initiation, in accordance with Article 17 of the
( 3 ) Duties range from 7,3 % (Puyang) to 8,1 % (Hebei), 14,1 % (Heze),
basic Regulation.
40,5 % (Zhucheng) and 42,6 % (other exporting producers).
( 4 ) OJ L 254, 29.9.2010, p. 1.
( 5 ) OJ C 104, 23.4.2010, p. 15.
( 6 ) OJ C 270, 6.10.2010, p. 7.

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EN
30.12.2011 Official
Journal
of
the
European
Union
L
346/7
(10) In order to enable the Commission to decide whether
(17) The
present
investigation
has
confirmed
that
the
product
sampling would be necessary and, if so, to select a
concerned, as manufactured and sold by exporting
sample, the above parties were requested, pursuant to
producers to the Union, is similar in terms of its
Article 17 of the basic Regulation, to make themselves
physical and chemical characteristics, as well as its uses,
known within 15 days of the publication of the notice of
to the product produced and sold by the Union
initiation and to provide the Commission with the
producers on the Union market and by the producer
information requested in the Notice of initiation.
in the analogue country on both its domestic and
export markets. Hence, they are considered to be like
products within the meaning of Article 1(4) of the
basic Regulation.
(11) None of the exporting producers in the PRC cooperated
in the investigation.
C. LIKELIHOOD OF CONTINUATION OR RECURRENCE
(12) As
regards
importers,
a
few
companies
initially
came
OF DUMPING
forward but then withdrew their cooperation at a later
stage.
1. Preliminary remarks
(18) In
accordance
with
Article
11(2)
of
the
basic
Regulation,
a review was held to determine whether the expiry of the
(13) The
Commission
sent
questionnaires
to
all
the
parties
existing measures was likely to lead to a continuation or
known to be concerned within the deadlines set in the
recurrence of dumping.
Notice of initiation. Replies were received from the three
known Union producers and from two users.
(19) As
explained
above,
none
of
the
30
known
exporting
producers contacted came forward during the sampling
(14) The
Commission
sought
and
verified
all
the
information
it deemed necessary with a view to determining the like
exercise or made themselves known in the course of the
lihood of continuation or recurrence of dumping and
investigation.
resulting injury and of the Union interest. Verification
visits were carried out at the premises of the two
major Union producers:
(20) Since none of the exporting producers in the PRC coop
erated, the findings on the likelihood of continuation or
recurrence of dumping rely on facts available in
— Fluidra (Inquide Sau), Passeig de Sanllehy, 25, 08213
accordance with Article 18 of the basic Regulation,
Polinya (Barcelona), Spain,
namely Eurostat data, the review request and official
PRC export statistics.
— Ercros (Aragonesas), Avenida Diagonal 595,
Barcelona, Spain.
(21) Additionally, data submitted by the cooperating
exporting producer in the analogue country, Japan,
were used to determine the normal value.
B. PRODUCT CONCERNED AND LIKE PRODUCT
(15) The product concerned by the current review is trich
loroisocyanuric acid and preparations thereof (TCCA),
also referred to as ‘symclosene’ under the international
2. Dumping of imports during the RIP
non-proprietary name (INN), currently falling within CN
codes ex 2933 69 80 and ex 3808 94 20 (TARIC codes
2.1. Analogue country
2933 69 80 70 and 3808 94 20 20), and originating in
the PRC.
(22) Since the PRC is an economy in transition and since,
pursuant to Article 2(7)(a) of the basic Regulation,
normal value has to be determined on the basis of the
price or constructed normal value obtained in an appro
(16) TCCA
is
a
chemical
product
used
as
a
broad-spectrum
priate market economy third country (the analogue
organic chlorine disinfectant and bleacher, in particular
country), or on the basis of the price from the
used for disinfecting water in swimming pools. It is sold
analogue country to other countries, including the
in the form of powder, granules, tablets or chips. All
European Union, or where those cannot be determined,
forms of TCCA and preparations thereof share the
on any other reasonable basis, including the price
same basic characteristics (chemical composition) and
actually paid or payable in the Union for the like
properties (disinfectant), are all intended for similar use
product, duly adjusted if necessary to include a
and are therefore considered as a single product.
reasonable profit margin.

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L 346/8
EN
Official Journal of the European Union
30.12.2011
(23) In
its
Notice
of
initiation
the
Commission
announced
accordance with Article 2(10) of the basic Regulation,
that Japan had been used in the previous investigation
of differences in factors which affect prices and price
as an appropriate market economy country for the
comparability. For this purpose, due allowance in the
purpose of establishing normal value in respect of the
form of adjustments was made for differences in
PRC and that it envisaged using Japan again for this
transport and insurance costs.
purpose. In the course of the present review investi
gation, producers in other market economy countries
such as the USA and Taiwan were also contacted, to
2.5. Dumping margin
seek their cooperation. However, cooperation was
obtained only from one exporting producer in Japan.
(31) As
provided
for
under
Article
2(11)
of
the
basic
Regu
lation, the weighted average normal value was compared
with the weighted average export price. Based on the
(24) It was therefore considered that Japan was an appropriate
above methodology, the dumping margin established
analogue country. In this connection, no comments or
amounts to 75 %.
objections on the appropriateness of this country were
received from interested parties.
3. Development of imports if measures were
repealed
2.2. Normal value
3.1. Preliminary remark
(25) Pursuant
to
Article
2(7)
of
the
basic
Regulation,
normal
value was established on the basis of the information
(32) In
addition
to
analysing
the
existence
of
dumping
during
received from the cooperating exporting producer in
the RIP, the likelihood of the continuation of dumping
the analogue country, i.e. on the basis of prices paid or
was also investigated.
payable on the domestic market in Japan for like
products which were found to be sold in the ordinary
course of trade.
(33) In
this
respect
the
following
elements
were
analysed:
the
spare capacity available in the PRC, the attractiveness of
the Union market for PRC exporting producers and their
(26) It
was
first
established
for
the
cooperating
exporting
exports to third countries.
producer in Japan whether its total domestic sales of
the like product to independent customers were repre
sentative in accordance with Article 2(2) of the basic
3.2. Spare capacity of PRC exporting producers
Regulation, i.e. whether they accounted for at least 5 %
of the total export sales volume of the product concerned
(34) In the absence of other information concerning
into the Union. Domestic sales of the cooperating
production capacity, the analysis was carried out in
exporting producer in Japan were found to be represen
accordance with Article 18 of the basic Regulation on
tative during the RIP.
the basis of the information contained in the review
request.
(27) Subsequently,
domestic
sales
were
examined
to
determine
whether they were made in the ordinary course of trade
(35) According
to
the
review
request,
with
rates
below
40
%
(OCOT), in accordance with Article 2(4) of the basic
production capacity utilisation in the PRC remained low
Regulation.
during the period considered. As a result of huge
production capacity and low domestic demand, there
appears to be more than 180 000 tonnes of spare
(28) Since
all
sales
on
the
domestic
market
were
considered
to
capacity available in the PRC which could be exported.
have been sold at a profit, normal value was based on
This compares to Union consumption of around 44 000
the actual weighted average domestic price during the
tonnes in the RIP.
RIP.
3.3. Attractiveness of the Union market
2.3. Export price
(36) The
attractiveness
of
the
Union
market
is
reflected
in
the
(29) In the absence of any cooperation from exporting
fact that the imposition of anti-dumping duties did not
producers in the PRC, the export price was established
stop the expansion of PRC exports to the Union.
on the basis of Eurostat data.
Although during the period 2007-2009 import
volumes were at a lower level compared to the investi
gation period of the original investigation that led to the
2.4. Comparison
imposition of the measures, import volumes in the RIP
were above that level, reaching 22 696 tonnes.
(30) The
comparison
between
the
weighted
average
normal
value and the weighted average export price was made
on an ex-works basis and at the same level of trade. In
(37) Despite the increase in the average import price during
order to ensure a fair comparison between the normal
the period considered, prices remained constantly below
value and the export price, account was taken, in
those of the Union industry.

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30.12.2011 Official
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European
Union
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(38) The
fact
that
PRC
imports
during
the
period
considered
market share and employment refer to data supplied by
increased during the RIP to a level that was higher than
the three Union producers. All the other indicators refer
during the original investigation period shows that there
to data supplied by the applicants only, because of the
is continued PRC interest in the Union market.
limited cooperation of one of the Union producers that
was not an applicant in the present review. Considering
that the applicants represented around 90 % of Union
production in the RIP, their data were deemed to be
3.4. Export prices to third countries
representative of the Union industry for the purposes

of this review. Only the data obtained from the
(39) PRC
export
statistics
were
analysed
with
respect
to
PRC
applicants were verified on the spot.
export volumes and prices to other third countries.
According to these statistics, 24 % of exports from the
PRC in 2010 were destined for the Union market. EU
export prices at FOB level were slightly higher than
(44) Data relating to the economic situation of the Union
export prices to the rest of the world. However, in the
industry as well as consumption can only be provided
absence of cooperation or any data in the review request
in indexed form, so as to preserve confidentiality
regarding exports to other third countries, it was not
pursuant to Article 19 of the basic Regulation. This is
possible to compare those prices at CIF level with the
because such economic indicators concern only two
average price of the Union industry. Nevertheless, the fact
producers or, in some cases, three producers, one of
that export prices to third countries are on average lower
them being only marginally active in the sector.
than export prices to the Union can be seen as an indi
cation that the Union market is an attractive market for
PRC exporters and that exports would be likely to
increase further in the absence of measures.
(45) In June 2009, one of the applicants closed down one of
its two plants, stopping production as of this date and
laying off all employees. At first the plant in question
was put on hold for a few months, but it closed down
4. Conclusion of the likelihood of continuation or
definitely in January 2010. This had some impact on a
recurrence of dumping
number of indicators such as consumption, production
(40) In
view
of
the
above
findings,
it
can
be
concluded
that
volume and productivity, as further explained below in
exports from the PRC are still being dumped and that it
recitals 47 and 62.
is likely that dumping will continue on the Union market
if the current anti-dumping measures are removed.
Indeed, taking into account the existing spare capacity
in the PRC and the attractiveness of the Union market,
3. Consumption in the Union market
based on a comparison between export prices to the EU
and those to third countries, it is likely that the volume
(46) Union
consumption
was
established
on
the
basis
of
the
of dumped PRC exports into the Union would increase
sales volume of the three Union producers on the Union
substantially if measures were allowed to lapse.
market and import data from Eurostat.
D. SITUATION ON THE UNION MARKET
(47) Between 2007 and 2009 Union consumption of TCCA
decreased by 19 % before recovering in the RIP at a level
1. Definition of the Union industry
exceeding by 6 % the one achieved in 2007. For the
(41) The product concerned is manufactured within the
years 2008 and 2009 this trend can be explained by
Union by three companies. They are therefore deemed
the combined effects of lower demand, due to the
to constitute the Union industry within the meaning of
global economic crisis, and restricted supply, due to the
Article 4(1) and Article 5(4) of the basic Regulation
closure of one production site in 2009 (see recital 45).
(hereinafter referred to as the ‘Union industry’).
The higher level of Union consumption achieved in the
RIP is mainly linked to the recovery from the economic
crisis and the increase of imports from the PRC.
2. Preliminary remark
(42) Data
were
obtained
from
Eurostat
statistics,
the
review
Table 1
request, the responses to the questionnaire and
information gathered during the verification visits.
Union consumption
2007 2008 2009 RIP
Union consumption (MT)
100 93 81 106
(43) The economic indicators concerning production,
Index (2007 = 100)
capacity, utilisation rate of capacity, volume of sales,

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L 346/10
EN
Official Journal of the European Union
30.12.2011
4. Volume and market share of dumped imports
5.2. Price undercutting
from the People’s Republic of China
(51) Overall,
the
prices
of
PRC
imports
remained
below
the
(48) Trends in the volumes and market shares of dumped
prices of the Union industry during the entire period. In
imports from the PRC are set out below. The following
determining the extent of price undercutting, the
quantity and market shares are based on Eurostat import
Commission based its calculation on the average CIF
statistics, since no PRC exporters/producers cooperated in
export prices of the PRC obtained from Eurostat. The
this review.
prices of the product concerned were compared to the
weighted average price of the Union industry adjusted to
ex-works level. The comparison showed that imports
from the PRC were undercutting the prices of the
(49) Quantities
of
TCCA
imported
from
the
PRC
decreased
Union industry by more than 10 %, without taking
slightly in 2008 and 2009. This downturn in imports
into account the anti-dumping duty in place.
was followed by a significant increase in the RIP (more
than 35 % as compared to 2009). In parallel, PRC
imports continuously increased their market share
during the period considered.
6. Imports from other countries
(52) The
volume
and
market
shares
of
imports
from
other
countries during the period considered are shown in
Table 2
the table below. The respective data is based on
PRC import volumes and market shares
Eurostat figures:

2007 2008 2009 RIP
Import volumes in MT 17
957 17
298 16
645 22
696
Table 4
Index (2007 = 100) 100 96 93 126
Imports from other countries (volume and market share)
Market shares (ranges) 40
%- 40 %-
45 %-
50 %-
2007 2008 2009 RIP
50 %
50 %
55 %
60 %
Volume of imports from 501 239 296 378
other third countries (MT)
5. Trends in prices of dumped imports from the
People’s Republic of China and price undercutting
Market share of imports Below Below Below Below
5.1. Trends in prices
from other third countries 2 %
2 %
2 %
2 %
(ranges)
(50) Prices
of
imports
from
the
PRC
have
shown
a
steady
increase of 11,3 %. On the one hand this trend can be
attributed to the evolution of the prices of the main raw
materials component that started to increase more
substantially in 2009 and during the RIP. On the other
(53) In terms of volume and market share, imports from
hand, it may to a certain extent reflect a variation in the
other third countries were negligible during the period
product mix ( 1 ).
considered. Imports from the USA, another country
subject to an anti-dumping measure, stopped completely
during the period considered.
Table 3
PRC unit price
7. Economic situation of the Union industry
2007 2008 2009 RIP
(54) Pursuant
to
Article
3(5)
of
the
basic
Regulation,
the
Commission examined all relevant economic factors
EUR/MT 1
048 1
052 1
163 1
167
and indices having a bearing on the state of the Union
Index (2007 = 100) 100 100,4 111 111,3
industry.
( 1 ) The product concerned is manufactured in different forms falling
into two main categories: granular and powder products on the
7.1. Production
one hand and tablets on the other. Prices for tablets are higher
than prices for granular and/or powder products. This means that
(55) There
was
a
serious
decline
in
production
from
2009
the prices of the product concerned may vary according to the
onwards following the global economic crisis and the
variation in composition of the given product mix. In other
closing down of one production facility in June 2009,
words, a product mix containing a higher proportion of tablets
would be more expensive than a product mix containing
when production from that plant stopped completely
comparatively more granular and powder products.
(see recital 45 above).

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30.12.2011 Official
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Table 5
Table 7
Union production
Sales
2007 2008 2009 RIP
2007 2008 2009 RIP
Union production volume 100 95,2 66,5 70,7
Volume
100 92 73 91
index (2007 = 100)
Index (2007 = 100)
7.2. Capacity and capacity utilisation rates
7.5. Market share
(56) Production capacity followed the same trend as
(60) During the period considered the Union industry was
production during the period considered. Capacity utili
unable to recover its market share, which decreased
sation, however, was positively influenced during the RIP
significantly over the period considered.
by some process improvements.
Table 8
(57) As a result of the closure of one plant in the Union in
Union market share
2009 (see recital 45 above), the data collected for the RIP
is limited to the capacity of the remaining plant.
2007 2008 2009 RIP
Union market share 55 %-
50 %-
45 %-
45 %-
Table 6
(ranges)
65 %
60 %
55 %
55 %
Union production capacity and capacity utilisation
2007 2008 2009 RIP
7.6. Employment and wages
(61) Employment in the sector decreased in the EU during the
Production capacity
100 101,5 91,0 80,6
period considered, particularly following the closing
Index (2007 = 100)
down of one of the production facilities (see recital 45
above). As a result, wage costs at the Union industry
Capacity utilisation
100 93,4 72,8 86,9
level also went down. Average wages per employee
Index (2007 = 100)
remained relatively stable throughout the period
considered.
7.3. Stocks
Table 9
(58) This
indicator
was
based
on
the
information
supplied
by
Employment
the applicants, for the reasons explained in recital 54
above. The investigation at the company’s premises
revealed some seasonal patterns in the consumption of
2007 2008 2009 RIP
TCCA, with the product concerned being used mostly in
summer. This has an impact on the variation in the level
Employees
100 98,7 84,1 74,2
Index (2007 = 100)
of stocks throughout the year: stocks peak in winter time
and are considerably reduced in the summer period. For
the years 2007-2009 the figures represent the level of
Wages per employee
100 104,6 105,7 106,0
stocks on 31 December of the given year. The figure for
Index (2007 = 100)
the RIP, however, shows the level of stocks at 30 June
2010, the time of the year with the highest stock utili
sation. Hence, this indicator does not allow for a proper
comparison between the RIP and the rest of the period
7.7. Productivity
concerned and is therefore considered not to be relevant
(62) The
productivity of the Union industry’s workforce,
for assessing injury.
measured as output per person employed per year,
developed negatively over the period considered,
showing a sharp decrease by around 20 % in 2009.
7.4. Sales volume
This was a result of the reorganisation required by the
closure of the production facilities, putting production on
(59) The
economic
crisis
had
a
negative
influence
on
the
sales
hold for 6 months in 2009 until the plant was closed
volume of the product concerned on the Union market.
down in January 2010 (see recital 45 above). Productivity
The increase during the RIP can be attributed mainly to
then recovered during the RIP, although for the first
the increase of Union consumption due to recovery from
semester it was partly influenced by the negative trends
the recession after the economic crisis.
in 2009.

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L 346/12
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Official Journal of the European Union
30.12.2011
Table 10
Table 13
Productivity
Investments
2007 2008 2009 RIP
2006 2007 2008 RIP
Productivity
100 96,5 79,2 95,3
Net investments
100 158 32 23
Index (2007 = 100)
Index (2007 = 100)
7.8. Sales prices
ROI (range) –
10
%
– 10 % – 20 % to 0 % to
to 0 %
to 0 %
– 10 %
10 %
(63) Average unit prices of TCCA in the EU (as shown in the
table below) increased slightly between 2007 and 2009,
returning to the 2007 level during the RIP. To some
extent, the 2007-2009 increase is related to the
7.11. Cash flow
product mix effect (see footnote 1 on page 10).
(66) Cash flow remained positive during the period
considered, with the exception of the year 2009, when
extra restructuring costs had to be covered due to the
Table 11
closing down of one of the production sites (see recital
45 above). The development of cash flow was in line
Sales price Union market
with the development of profitability.
2007 2008 2009 RIP
Average unit price
100 104,6 111,4 103,1
Table 14
Index (2007 = 100)
Cash flow
7.9. Profitability
2007 2008 2009 RIP
(64) Profitability
on sales
of
TCCA
in
the
EU
developed
Cash flow (range) 0
%
to 0 % to
– 10 %
5 % to
negatively from 2007 onwards, with a significant loss
10 %
10 %
to 0 %
15 %
in 2009. This poor performance has to be seen in
relation to the closure in that year of one production
site by a Union producer. In the RIP, profitability did
become slightly positive, although the profit level was
7.12. Magnitude of dumping margin
far below the normal profit level (i.e. 10 % ( 1 )) that
should be achieved in this sector of activity. This
(67) Dumping from the PRC continued during the RIP at a
shows that the Union industry is still in a weak
level significantly above the current level of measures.
financial situation.
Moreover, given the spare capacity and prices of
imports from the PRC, the impact on the Union
industry of the actual margins of dumping cannot be
considered to be negligible.
Table 12
Profitability
7.13. Recovery from past dumping
2007 2008 2009 RIP
(68) Anti-dumping
measures
were
imposed
in
October
2005.
Profitability (range) –
10
% – 10 % – 20 % to
0 % to
Taking into account the overall situation of the Union
to 0 %
to 0 %
– 10 %
10 %
industry as well as the imports from the PRC in the
period from 2007 to RIP, it can be concluded that the
Union industry has not recovered fully from these effects
7.10. Investments and return on investments
despite the anti-dumping measures in force.
(65) There
was no major capital expenditure during the
period considered. The indexed figures shown in the
table present the investments made to improve produc
7.14. Conclusion on injury
tivity and the production process. The indexes for the
return on investments follow the same trend as profit
(69) Several
injury
indicators
developed
negatively
during
the
ability.
period considered. Taking into account the overall
worsening situation of the Union producers, the Union
( 1 ) See the pre-tax profit margin fixed in recital 181 of Commission
industry is considered to have suffered material injury
Regulation (EC) No 538/2005 (OJ L 89, 8.4.2005, p. 4).
over the period considered.

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8. Impact of dumped imports and other factors
dumped imports from the PRC and the injury suffered by
the Union industry. On these grounds, it may be
8.1. Impact of dumped imports from the PRC
concluded that dumped imports from the PRC have
caused material injury to the Union industry.
(70) As set out in recital 49, imports of TCCA from the PRC
grew significantly between 2007 and RIP, in terms of
both volume and market share. Significant price under
cutting was also found (see recital 51). The continuous
massive inflow of dumped imports from the PRC
E. LIKELIHOOD OF CONTINUATION OF INJURY
occurred in a context of overall increasing Union
consumption in the period considered, reaching in the
1. Preliminary remarks
RIP a level exceeding by 6 % the one achieved in 2007,
despite a decrease between 2007 and 2009. As demon
(75) In
accordance
with
Article
11(2)
of
the
basic
Regulation,
strated by the worsening situation of the Union industry,
imports from the country concerned were assessed in
it was mainly imports from the PRC that benefited from
order to establish if there was a likelihood of
the increase in consumption.
continuation of injury.
(76) With regard to the likely effect on the Union industry of
8.2. Impact of other factors
the expiry of the measures in force, the following factors
were taken into account in line with the elements
(71) The
Commission
analysed
whether
any
known
factors
summarised above regarding the likelihood of the
other than the dumped imports from the PRC could
continuation of dumping.
have had a bearing on the continued injury suffered by
the Union producers.
2. PRC import volumes and prices
(77) Imports of TCCA from the PRC, representing
(72) In
parallel
with
dumped
imports
from
the
PRC,
it
is
approximately 98
% of all imports to the EU,
likely that the reduced performance of the Union
continued to gain market share during the period
industry on third markets, where it also faced PRC
considered, reaching over 50 % during the RIP. The
competition, and on the US market in particular, had a
investigation revealed that these imports were made at
negative impact on the Union production. However,
dumped prices with a substantial dumping margin.
most of the activity of the Union producers is devoted
Moreover, the prices of PRC imports remained steadily
to the Union market, limiting to some extent the
below the Union industry prices during the entire period,
potential impact of reduced exports.
undercutting the Union prices by over 10 % (without
taking into account the measures in force).
(73) The
economic
crisis
also
had
a
negative
impact
on
the
performance of the Union industry, leading to a decrease
3. Spare capacity in the PRC market
in production and the restructuring of one of the Union
producers. Nonetheless, the impact of the economic crisis
(78) As
mentioned
in
recitals
34
and
35,
the
analysis
of
was limited in time (part of 2008 and 2009), while the
available capacities in the PRC showed that production
economic situation of the Union industry continued to
capacity utilisation remained low during the period
deteriorate throughout the period considered. Moreover,
considered. The estimated excess production capacity
developments in the RIP show that the Union industry
was found to be more than three times higher than in
did start to recover partially. It can therefore be
the Union market. At the same time, according to the
considered that the impact of the economic crisis was
information received in the review request, there was
not insignificant in this case, although it did not break
only a limited market for the product concerned in the
the causal link between dumped imports from the PRC
PRC.
and the injury suffered by the Union industry.
4. Attractiveness of the Union market
8.3. Conclusion
(79) In
the
light
of
growing
import
trends
and
available
spare
capacities in the PRC, the EU is likely to attract further
(74) The
continued
dumping
of
imports
from
the
PRC
along
imports from the PRC in the future. The fact that the
with the economic crisis altered the recovery process and
Union market is attractive for PRC exporters is demon
accentuated the difficulties of the Union industry.
strated by the developments in 2009, when the
Although other factors contributed to the deterioration
production shortage in the EU, which was caused by
in the performance of the Union industry, none of them
the restructuring of the sector, was partially met by
proved to be sufficient to break the causal link between
extra imports from the PRC.

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L 346/14
EN
Official Journal of the European Union
30.12.2011
(80) This
situation
may
be
further
exacerbated
by
the
fact
dumping and of injury, it could be clearly concluded
that, in the US market, the existing anti-dumping
that it is not in the Union interest to maintain
measures on TCCA from the PRC have recently been
measures in this particular case.
extended. It is therefore to be expected that the expiry
of the AD-measure in the EU would make the Union
market comparatively more attractive.
2. Interest of the Union industry
(88) In view of the conclusions on the situation of the Union
5. Conclusion on the likelihood of continuation of
industry set out in recital 66 above, and in line with the
injury
arguments underpinning the likelihood of continuation
of injury as explained in recitals 78 to 81, it can be
(81) The
Union
industry
had
been
suffering
from
the
effects
considered that the expiry of the measures in force
of PRC dumped imports for several years and is still in a
would lead to further deterioration in the economic
precarious economic situation.
situation of the Union TCCA industry, which has
suffered from the injurious effect of the dumped
imports from the PRC and whose situation has been
(82) As
established
above,
the
investigation
revealed
that
the
worsened by the global economic crisis.
injurious situation of the Union industry has continued
throughout the period considered. According to
Article 11(2) of the basic Regulation, the continuation
of injury is in itself a strong indicator that the injury is
(89) It
is
considered
that
the
continuation
of
measures
would
likely to continue in the future, which would suggest that
benefit the Union industry, which could in this case
the measures should be maintained.
recover from the injurious effect of past dumping
aggravated by the economic crisis. In contrast, the
discontinuation of the measures would put a stop to
the recovery of the Union industry, seriously threatening
(83) Given
the
spare
capacity
available
in
the
PRC
and
the
attractiveness of the Union market, if the measures are
its viability, and, as a result, putting its existence at risk,
lifted the growing trend whereby large imports from the
thus reducing supply and competition on the market.
PRC at dumped prices significantly undercut Union
producers’ prices is likely to continue.
3. Interest of importers and users
(84) If
the
measures
in
force
are
not
extended,
the
situation
of
(90) All
known
users,
importers,
processors
and
actors
in
the
the Union industry would deteriorate and its very
downstream TCCA industry were contacted.
existence would be jeopardised. Therefore, it can be
concluded that there is a clear likelihood of continuation
of injury to the Union industry, should existing measures
(91) Only
two
users
came
forward,
both
expressing
their
be removed.
support for the continuation of the measures in force.
Both claimed that the continuation of measures would
not have a negative impact on competition in the Union
F. UNION INTEREST
market, but that, on the contrary, it would provide the
user industry with a wider range of suppliers competing
1. Introduction
at market prices. Since no other parties came forward in
this case, there is no evidence to show that the main
(85) Pursuant
to
Article
21
of
the
basic
Regulation,
it
was
tenance of the anti-dumping measures in the present case
necessary to examine whether the maintenance of
would have a serious effect on importers and users in the
existing anti-dumping measures would be against the
Union.
interest of the Union as a whole. Determination of the
Union interest was based on an appreciation of the
various interests involved, i.e. those of the Union
producers, importers and users.
4. Conclusion on Union interest
(92) The
continuation
of
measures
can
be
expected
to
assist
(86) In
previous
investigations,
it
was
considered
that
the
the Union industry, with consequent beneficial effects on
adoption of measures was not against the interest of
the competitive conditions on the Union market and the
the Union. Furthermore, the fact that the current inves
consolidation of the sector after the economic crisis and
tigation is a review, and thus analyses a situation in
the restructuring. Furthermore, the continuation of the
which anti-dumping measures are already in place,
measures can be expected to benefit users and
allows for the assessment of any undue negative impact
importers by maintaining a wide range of suppliers in
on the parties concerned by the current anti-dumping
the Union market.
measures.
(93) Taking
all
the
above
factors
into
account,
it
is
concluded
(87) On
this
basis
it
was
examined
whether,
despite
the
that there are no compelling reasons against the
conclusions on the likelihood of the continuation of
continuation of the measures in question.

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EN
30.12.2011 Official
Journal
of
the
European
Union L
346/15
G. ANTI-DUMPING MEASURES
Company Anti-dumping
duty
rate TARIC
additional
code
(94) All
parties
were
informed
of
the
essential
facts
and
Hebei Jiheng Chemical
8,1 % A604
considerations on the basis of which it was intended to
Co. Limited
recommend that the existing measures be maintained.
They were also granted a period to submit comments
Puyang Cleanway
7,3 % A628
subsequent to that disclosure. The submissions and
Chemicals Limited
comments were duly taken into consideration, where
warranted.
Heze Huayi Chemical
3,2 % A629
Co. Limited
(95) It
follows
from
the
above
that,
as
provided
for
by
Zhucheng Taisheng
40,5 % A627
Article 11(2) of the basic Regulation, the anti-dumping
Chemical Co. Limited
measures applicable to imports of TCCA originating in
the PRC should be maintained,
All other companies 42,6
% A999
HAS ADOPTED THIS REGULATION:
3. The
application
of
the
individual
duty
rates
specified
for
the companies mentioned in paragraph 2 shall be conditional
upon presentation to the customs authorities of the Member
Article 1
States of a valid commercial invoice, which shall conform to the
1. A
definitive
anti-dumping
duty
is
hereby
imposed
on requirements set out in the Annex. If no such invoice is
imports of trichloroisocyanuric acid and preparations thereof,
presented, the duty rate applicable to all other companies
also referred to as ‘symclosene’ under the international non-
shall apply.
proprietary name (INN), currently falling within CN codes
ex 2933 69 80
and
ex 3808 94 20
(TARIC
codes
2933 69 80 70 and 3808 94 20 20), and originating in the
4. Unless
otherwise
specified,
the
provisions
in
force
People’s Republic of China.
concerning customs duties shall apply.
2. The
rate
of
the
definitive
anti-dumping
duty
applicable
Article 2
before duty to the net free-at-Union-frontier price for
products manufactured by the companies listed below shall be
This Regulation shall enter into force on the day following its
as follows:
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, 19 December 2011.
For the Council
The President
M. KOROLEC

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L 346/16
EN
Official Journal of the European Union
30.12.2011
ANNEX
A declaration signed by an official of the entity issuing the commercial invoice must appear on the valid commercial
invoice referred to in Article 1(3) according to the following format:
1. The name and function of the official of the entity issuing the commercial invoice.
2. The following declaration:
‘I, the undersigned, certify that the (volume) of trichloroisocyanuric acid sold for export to the European Union
covered by this invoice was manufactured by (company name and address) (TARIC additional code) in (country
concerned). I declare that the information provided in this invoice is complete and correct.
Date and signature’.

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