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10.8.2011 Official
Journal
of
the
European
Union L
205/35
COMMISSION DECISION
of 9 August 2011
terminating the anti-dumping proceeding concerning imports of tris(2-chloro-1-methyl-
ethyl)phosphate originating in the People’s Republic of China
(2011/498/EU)
THE EUROPEAN COMMISSION,
Interested parties were given an opportunity to make
their views known in writing and to request a hearing
within the time limit set in the notice of initiation. All
interested parties, who so requested and showed that
Having regard to the Treaty on the Functioning of the European
there were particular reasons why they should be
Union,
heard, were granted a hearing.
Having regard to Council Regulation (EC) No 1225/2009 of
30 November 2009 on protection against dumped imports
(4) In
view
of
the
apparent
high
number
of
exporting
from countries not members of the European Community (
producers and importers, sampling was envisaged in

1 )
(the basic Regulation), and in particular Article 9 thereof,
the notice of initiation for the determination of
dumping and injury, in accordance with Article 17 of
the basic Regulation. In order to enable the Commission
to decide whether sampling would be necessary and, if
After consulting the Advisory Committee,
so, to select a sample, all exporting producers and
importers were asked to make themselves known to
the Commission and to provide, as specified in the
notice of initiation, basic information on their activities
Whereas:
related to the product concerned during the investigation
period (1 July 2009 to 30 June 2010).
A. PROCEDURE
1. Initiation
(5) After
examination
of
the
information
submitted,
and
given the high number of importers which indicated
(1) On
23
July
2010,
the
European
Commission
(the
their willingness to cooperate, it was decided that
Commission) announced, by a notice published in the
sampling was necessary with regard to unrelated
Official Journal of the European Union ( 2 ) (the notice of
importers. Whereas, given the limited number of
initiation), the initiation of an anti-dumping proceeding
exporting producers that indicated their willingness to
pursuant to Article 5 of the basic Regulation with regard
cooperate, it was decided that sampling was not
to imports into the Union of tris(2-chloro-1-
necessary with regard to exporting producers.
methylethyl)phosphate (TCPP) originating in the
People’s Republic of China (the ‘country concerned’ or
‘the PRC’).
(6) Six
unrelated
importers,
accounting
for
25
%
of
imports
to the Union, agreed to be included in the sample. Two
importers, accounting for around 20 % of imports from
(2) The
proceeding
was
initiated
following
a
complaint
lodged on 9 June 2010 by the European Chemical
the PRC and over 80 % of imports of the importers that
Industry Council (CEFIC) (the complainant) on behalf of
agreed to be included in the sample, were included in the
producers representing a major proportion, in this case
sample. In accordance with Article 17(2) of the basic
more than 25 %, of the total Union production of TCPP.
Regulation, the parties concerned were given the oppor
The complaint contained evidence of dumping of TCPP
tunity to comment on the selection of the sample. No
from the PRC and of material injury resulting therefrom,
objection was raised with regards to the selection of the
which was considered sufficient to justify the initiation of
sample.
a proceeding.
(7) The
Commission
sent
questionnaires
to
the
exporting
2. Parties concerned by the proceeding
producers, sampled importers, the Union producers, to
all known users in the Union, and to known analogue
(3) The
Commission
officially
advised
the
complainant,
other
country producers in the United States of America (USA).
known Union producers, the exporting producers,
Questionnaire replies were received from four exporting
importers and users known to be concerned as well as
producers in the PRC, one analogue country producer,
their associations, and the representatives of the
three Union producers, two sampled importers and 35
exporting country, of the initiation of the proceeding.
users in the EU. However, one of the four Chinese
exporting producers supplied a highly deficient ques
( 1 ) OJ L 343, 22.12.2009, p. 51.
tionnaire reply, and was subsequently considered as
( 2 ) OJ C 201, 23.7.2010, p. 5.
non-cooperating.

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L 205/36
EN
Official Journal of the European Union
10.8.2011
(8) In
order
to
allow
exporting
producers
in
the
PRC
to
3. Product concerned and like product
submit a claim for market economy treatment (MET)
or individual treatment (IT), if they so wished, the
3.1. Product concerned
Commission sent claim forms to the exporting
(12) The product concerned is tris(2-chloro-1-methyl
producers that made themselves known within the
ethyl)phosphate originating in the PRC currently falling
deadlines set out in the notice of initiation. Two
within CN code ex 2919 90 00.
(groups of) companies requested MET pursuant to
Article 2(7) of the basic Regulation or IT pursuant to
Article 9(5) of the basic Regulation should the investi
gation establish that they did not meet the conditions for
The product has as Customs and Statistics (CUS) number
MET. One company claimed only IT.
0024577-2. It is also called ‘TCPP’ and is also known

under the following synonyms:
(9) The
Commission
sought
and
verified
the
information
deemed necessary for a determination of dumping,
— 2-Propanol, 1-chloro, phosphate (3:1),
resulting injury and Union interest. Verification visits
were carried out at the premises of the following
companies:
— tris(monochloroisopropyl)phosphate (TMCP),
Exporting producers in the PRC
— tris(2-chloroisopropyl)phosphate (TCIP),
— Albemarle Chemicals (Nanjing), Nanjing, PRC,
— phosphoric acid, tris(2-chloro-1-methylethyl)ester,
— Jiangsu Yoke Technology Co. Ltd, Yixing, PRC;
— tris(beta-chloroisopropyl)phosphate,
Related importers in the EU
— Albemarle Europe, Louvain-La-Neuve, Belgium,
— 1-chloro-2-propanol phosphate (3:1).
— Shekoy Chemicals Europe BV, Breda, the Netherlands;
(13) The
product
concerned
is
a
flame
retardant
mainly
used
in the production of polyurethane (PUR) for use in
construction and furniture.
Union producers
— ICL-IP Bitterfeld GmbH, Bitterfeld-Wolfen, Germany,
3.2. Like product
(14) The
investigation
has
shown
that
TCPP
produced
and
— LANXESS Deutschland GmbH, Leverkusen, Germany,
sold on the domestic market of the PRC and TCPP
imported into the Union from the PRC, and that
produced and sold on the domestic market of the
— PCC Rokita SA, Brzeg Dolny, Poland.
USA, which served as an analogue country, as well as
the TCPP produced and sold in the Union by the Union
industry have the same basic physical, chemical and
(10) In
view
of
the
need
to
establish
a
normal
value
for
technical characteristics and uses. Therefore, these
exporting producers in the PRC to which MET might
products are considered to be alike within the meaning
not be granted and the exporting producer that
of Article 1(4) of the basic Regulation.
requested only IT, a verification to establish normal
value on the basis of data from the USA as analogue
country took place at the premises of the following
company:
4. Preliminary findings and subsequent procedure
(15) On 27 April 2011, the Commission disclosed to
interested parties an information document setting out
— ICL-IP America Inc., St Louis, Missouri, USA.
its preliminary findings with respect to this proceeding.
Given the need to examine certain aspects of the inves
2.1. Investigation period and period considered
tigation further, it was considered appropriate not to
impose any provisional measures and to continue the
(11) The
investigation
of
dumping
and
injury
covered
the
investigation. All parties were given the opportunity to
period from 1 July 2009 to 30 June 2010 (‘investigation
submit relevant evidence and comments on the
period’ or ‘IP’). The examination of trends relevant for the
preliminary findings. The parties which so requested
assessment of injury covered the period from 1 January
were also granted the opportunity to be heard. The
2007 to the end of the investigation period (period
Commission continued to seek and verify all information
considered).
it deemed necessary for its final findings.

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EN
10.8.2011 Official
Journal
of
the
European
Union L
205/37
B. WITHDRAWAL OF THE COMPLAINT AND
HAS ADOPTED THIS DECISION:
TERMINATION OF THE PROCEEDING
(16) By a letter dated 16 June 2011 addressed to the
Commission, the complainant formally withdrew its
Article 1
complaint.
The anti-dumping proceeding concerning imports of tris(2-
chloro-1-methylethyl)phosphate originating in the People’s
(17) In
accordance
with
Article
9(1)
of
the
basic
Regulation,
Republic of China currently falling within CN code
the proceeding may be terminated where the complaint
ex 2919 90 00 is hereby terminated.
is withdrawn unless such termination would not be in
the Union interest.
Article 2
(18) The
Commission
considered
that
the
present
proceeding
should be terminated since the investigation had not
This Decision shall enter into force on the day following its
brought to light any consideration showing that such
publication in the Official Journal of the European Union.
termination would not be in the Union interest.
Interested parties were informed accordingly and were
given the opportunity to comment. However, no
comments that could alter that decision were received.
Done at Brussels, 9 August 2011.
(19) The Commission therefore concludes that the anti-
dumping proceeding concerning imports into the
For the Commission
Union of tris(2-chloro-1-methylethyl)phosphate orig
inating in the PRC should be terminated without the
The President
imposition of measures,
José Manuel BARROSO

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