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17.12.2013 Official
Journal
of
the
European
Union L
338/11
COUNCIL IMPLEMENTING REGULATION (EU) No 1343/2013
of 12 December 2013
imposing a definitive anti-dumping duty on imports of peroxosulphates (persulphates) 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 recurrence of
dumping and injury to the Union industry.
Having regard to the Treaty on the Functioning of the European
Union,
3. Investigation
Having regard to Council Regulation (EC) No 1225/2009 of
3.1. Review investigation period and period considered
30 November 2009 on protection against dumped imports
from countries not members of the European Community ( 1 )
(5) The
investigation
of
a
continuation
or
recurrence
of
(‘the basic Regulation’), and in particular Article 9(4) and
dumping covered the period from 1 October 2011 to
Article 11(2), (5) and (6) thereof,
30 September 2012 (‘the review investigation period’ or
‘RIP’). The examination of the trends relevant for the
assessment of the likelihood of a continuation or
recurrence of injury covered the period from 1 January
Having regard to the proposal from the European Commission
2009 to the end of the RIP (‘the period considered’).
after consulting the Advisory Committee,
Whereas:
3.2. Parties concerned by the investigation
(6) The
Commission
officially
advised
the
applicants,
exporting producers in the PRC, unrelated importers
A. PROCEDURE
and users known to be concerned, producers in the
1. Measures in force
potential analogue countries and the representatives of

the PRC of the initiation of the expiry review. Interested
(1) Council
Regulation
(EC)
No
1184/2007
(
parties were given the opportunity to make their views

2 ) imposed a
definitive anti-dumping duty on imports of persulphates
known in writing and to request a hearing within the
originating in the People’s Republic of China (‘the PRC’),
time limit set out in the Notice of initiation.
Taiwan and the United States of America (‘the original
investigation’ and ‘the original measures’). The measures
with regard to the PRC took the form of an ad valorem
duty of 71,8 % for all companies except two Chinese
exporting producers to whom individual duties were
(7) In
view
of
the
potentially
large
number
of
exporting
granted.
producers in the PRC and unrelated importers in the
Union involved in the investigation, sampling was
envisaged in the Notice of Initiation, in accordance
with Article 17 of the basic Regulation. In order to
2. Initiation of an expiry review
enable the Commission to decide whether sampling
would be necessary and, if so, to select a sample, the
(2) On
10
October
2012,
the
Commission
announced
by
a
above parties were invited, under Article 17 of the
notice (‘Notice of initiation’) ( 3 ), published in the Official
basic Regulation, to make themselves known within 15
Journal of the European Union, the initiation of an expiry
days of the publication of the notice of initiation and to
review of the anti-dumping measures applicable to
provide the Commission with the information requested
imports of persulphates originating in the PRC.
in the Notice of initiation.
(3) The
review
was
initiated
following
a
substantiated
request
lodged by two European producers, RheinPerChemie
(8) None
of
the
importers
made
itself
known.
GmbH & Co. KG and United Initiators GmbH & Co.
KG (‘the applicants’), representing 100 % of the total
Union production of persulphates.
(9)
Only one exporting producer from the PRC replied to
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 2 ) OJ L 265, 11.10.2007, p. 1.
the questionnaire. Therefore, it was not necessary to
( 3 ) OJ C 305, 10.10.2012, p. 15.
select a sample of exporting producers.

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L 338/12
EN
Official Journal of the European Union
17.12.2013
(10) The
Commission
sent
questionnaires
to
all
parties
known
characteristics and the same basic uses and are therefore
to be concerned and to those who made themselves
considered to be alike within the meaning of Article 1(4)
known within the deadlines set in the Notice of initi
of the basic Regulation.
ation. Replies were received from two Union producers,
one exporting producer in the PRC and one producer in
Turkey, considered as a potential analogue country.
C. LIKELIHOOD OF A CONTINUATION OR
RECURRENCE OF DUMPING
(11) The
Commission
sought
and
verified
all
the
information
1. General remarks
it deemed necessary for the determination of the like
lihood of a continuation or recurrence of dumping and
(15) In
accordance
with
Article
11(2)
of
the
basic
Regulation,
resulting injury and of the Union interest. Verification
it was examined whether dumping was currently taking
visits were carried out at the premises of the following
place and whether dumping was likely to continue or
companies:
recur upon a possible expiry of the measures in force
on certain imports from the PRC.
(a) U n i o n p r o d u c e r s
(16) As
explained
in
recital
9,
only
one
Chinese
exporting
producer cooperated in the investigation and it did not
export the product concerned to the Union during the
— RheinPerChemie GmbH & Co. KG, Germany
RIP. As mentioned below in recital 22 and as explained
in detail in recitals 51 to 53, the investigation showed
that basically all imports from the PRC during the RIP
were made by one exporter which was found not to be
— United Initiators GmbH & Co. KG, Germany
dumping in the original investigation, and which is not
subject to the current review. Hence, no dumping
analysis could be done in this case.
(b) E x p o r t i n g p r o d u c e r i n t h e P R C
2. Development of imports in case the measures are
repealed
United Initiators (Shanghai) Co. Ltd, Shanghai (


1 )
(17) In order to assess the likelihood of recurrence of
dumping, the information provided by the cooperating
B. PRODUCT CONCERNED AND LIKE PRODUCT
Chinese exporting producer, the information collected in
accordance with Article 18 of the basic Regulation and
(12) The product concerned is the same as that covered by
facts available with regard to the non-cooperating
the original investigation, namely peroxosulphates (per
exporting producers were taken into account. The facts
sulphates), including potassium peroxymonosulphate
available were found in the request for the expiry review,
sulphate (‘product concerned’), currently falling within
in the information published in the framework of an
CN codes 2833 40 00 and ex 2842 90 80.
expiry review initiated in March 2013 by the United
States of America (USA) ( 2 ), in the statistics available to
the Commission, i.e. the monthly data transmitted by
Member States under Article 14(6) of the basic Regu
(13) The
product
concerned
is
used
as
an
initiator
or
as
an
lation (‘the 14.6 database’) and in the Eurostat import
oxidising agent in a number of applications. Some
data.
examples include its use as polymerisation initiator in
the production of polymers, as an etching agent in the
production of printed circuit boards, in hair cosmetics, in
textile desizing, in paper manufacturing as a denture
(a) P r i c e s a n d v o l u m e o f i m p o r t s i n t o t h e
cleanser and as a disinfectant.
U n i o n f r o m t h e P R C a n d o t h e r t h i r d
c o u n t r i e s
(18) The
data available in the investigation showed that
(14) The
investigation
confirmed
that,
as
in
the
original
inves
basically all imports from the PRC during the RIP were
tigation, the product concerned and that manufactured
made by one Chinese exporter which was not found to
and sold on the domestic market of the PRC, as well as
be dumping in the original investigation ( 3 ). Those
that produced and sold by the Union industry on the
imports are thus not subject to anti-dumping measures.
Union market have the same basic physical and technical
The prices of those imports remained below the Union
industry prices during that period.
( 1 ) It is recalled that under Regulation (EC) No 1184/2007 which
imposed a definitive anti-dumping duty on imports of peroxosul
( 2 ) No A-570-847 (Review).
phates originating in the People’s Republic of China, Taiwan and the
( 3 ) The company referred to in this recital is not re-examined in the
United States, the name of the company United Initiators Shanghai
current expiry review investigation since the original investigation
Co., Ltd was Degussa-AJ (Shanghai) Initiators Co., Ltd, Shanghai. The
established zero duty for this company (Council Regulation (EC) No
change of name was due to a change of ownership in 2008.
1184/2007).

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EN
17.12.2013 Official
Journal
of
the
European
Union L
338/13
(19) Despite
the
fact
that
Chinese
import
prices
into
the
dumping practices in third country markets, it is
Union increased by 29 % in the period considered, they
considered that there is a likelihood that in the short
were still low and were undercutting the price of the
term low-priced Chinese imports would resume in large
Union industry during the RIP. The sales prices of the
quantities into the Union market should the current
Union industry in the Union market also increased but at
measures be repealed.
a less pronounced rate of 7 %.
(20) The
sole
cooperating
Chinese
exporter
which
is
subject
to
(b) P r i c i n g
b e h a v i o u r
o f
C h i n e s e
the current anti-dumping measures was not exporting the
p r o d u c e r s o n o t h e r e x p o r t m a r k e t s
product concerned to the Union during the RIP.
However, the investigation showed that it was
(25) As mentioned in recital
16 above, the cooperating
exporting at dumped prices to third country markets
Chinese company did not export to the Union during
and that its prices were even lower than those of the
the RIP, and it was not possible to compare its normal
current imports from the PRC in the Union market. This
values on the domestic market with export prices to the
is an indication that exporters in Chinaare continuing to
Union. It was however assessed, as mentioned in recital
practice dumping and that their prices are low.
24 above, whether the company’s exports to third

countries were made at dumped prices during the RIP.
Since the company was granted MET in the original
investigation, normal values were established based on
its own data.
(21) The
Union
market
roughly
consists
of
imports
from
three countries: China, Turkey and the USA, each repre
senting between 8 % and 10 % of market share and two
Union producers with a market share of around 65 to
75 %. The investigation showed that the USAcontinued
(26) For
the
three
types
of
the
product
concerned
for
which
to be present on the Union market and represented
domestic sales were representative and made in the
around one third of total imports during the RIP. The
ordinary course of trade, average normal values were
USimport prices were on average 10 % above the import
established on the basis of the prices paid by independent
prices from the PRC. This finding, combined with the
customers in the domestic market. For one type, normal
observed undercutting of the Union industry’s prices,
value had to be constructed based on the cost of
indicates that the Chinese imports continued to exercise
production, in accordance with Article 2(3) of the basic
a downward pressure on the sales prices in the Union.
Regulation. The company’s cost of manufacturing, selling,
general and administrative costs (SG&A) and profit
achieved on the domestic sales made in the ordinary
course of trade in accordance with Article 2(6) of the
(22) As
mentioned above in recital 18, Chinese imports
basic Regulation were used to establish the normal value
during the RIP were made by one exporter which was
of that type.
found not to be dumping in the original investigation.
Between 2009 and the RIP, the volume of those imports
increased by 24 % and the corresponding market share
increased from 8 % to 9,6 % of total Union consumption
in the same period.
(27) The
comparison
between
the
normal
weighted
average
value and the weighted average export price, on an ex-
works basis to third countries established on the basis of
the reported and verified data, showed a weighted
(23) It is noteworthy to recall that in the years 1995 to 2001
average dumping margin of 9,4 %.
anti-dumping measures were imposed against persul
phates from the PRC. As these measures were repealed,
import volume from the PRC increased from less than
200 tonnes in 2001 to more than 4 000 tonnes in 2003
and more than doubled to almost 9 000 tonnes in 2006.
(28) With
regard
to
pricing
behaviour,
the
existence
of
the
In other words, Chinese imports took more than 20 % of
anti-dumping measures in India and in the USAis also a
the Union market in few years. Over the period 2003-
clear indication of dumping practices by Chinese
2006, whilst consumption increased by 7 %, Chinese
exporting producers on other markets.
market share doubled. This shows that Chinese
exporters are able to take considerable market share in
the Union market in the absence of anti-dumping
measures.
(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
(29) The
investigation
showed
that
the
cooperating
Chinese
company exported to a wide variety of third countries
(24) In view of the above facts and considerations, in
such as Brazil, Indonesia, Malaysia, South Africa, South
particular the Chinese reaction to the repeal of the
Korea, Taiwan, Thailand and the United Arab Emirates.
measures in the Union market in 2001, the level of
The exports prices of the cooperating Chinese company
Chinese prices during the RIP and the continued
to third markets were thus compared to the level of

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L 338/14
EN
Official Journal of the European Union
17.12.2013
Union industry sales prices and the import price for the
be used to increase production and re-directed it to the
PRC during the RIP in the Union market. This
Union market in case the anti-dumping measures would
comparison showed that the cooperating Chinese
be allowed to lapse.
exporter was significantly undercutting, up to 40 %, the
prices of the Union industry during the RIP.
(e) 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
r e c u r r e n c e o f d u m p i n g
(30) This
analysis
shows
on
the
one
hand,
that
prices
in
the
Union market are higher and thus very attractive, and, on
(37) In
view
of
the
above,
it
was
considered
that
there
is
a
the other, that prices offered by other Chinese exporter
likelihood that dumping would recur if the current
are lower than the current Chinese import price in the
measures were allowed to lapse. In particular the level
Union market.
of the normal values established in China, the dumping
behaviour of the cooperating producer in third country
markets, the existence of anti-dumping measures against
(31) It is also noteworthy that the normal values of the
Chinese exporters in India and the USA, the attract
cooperating company during the RIP were generally
iveness of the Union market compared to other
lower than Union industry sales prices. This confirms
markets and the availability of significant production
the attractiveness of the Union market as it would
capacity in the PRC point to a likelihood of recurrence
clearly generate higher profits for Chinese producers.
of dumping in case the current measures are repealed.
The low price level in Chinadoes not seem to be based
on any other ground than the abundant capacity and
offer of the product concerned.
D. SITUATION ON THE UNION MARKET
1. Definition of the Union industry
(32) As
mentioned
above
in
recital
28,
certain
third
country
markets, such as the USA and India, have become less
(38) The
current
investigation
confirmed
that
persulphates
are
attractive for Chinese exporters due to the existence of
manufactured only by two producers in the Union. They
anti-dumping measures. Additionally, in relative terms,
constitute 100 % of total Union production during the
the other third country markets were found to operate
RIP. Both producers supported the review request and
at lower price levels than in the Union market. With
cooperated with the investigation.
regard to other third country markets, not under
measures, they are already supplied by companies that
are present in those markets, thus any spare capacity in
(39) Those
two
companies
thus
constitute
the
Union
industry
the PRC would likely be used for exports to the Union
within the meaning of Articles 4(1) and 5(4) of the basic
market.
Regulation, and will hereafter be referred to as the ‘Union
industry’.
(33) Based on the above, it is expected that Chinese imports
would resume in larger volumes and exercise more price
2. Preliminary remark
pressure on the Union market should the current
measures be lifted.
(40) To
protect
confidentiality
under
Article
19
of
the
basic
Regulation the data relating to the two Union producers
is presented in indexed form or in ranges.
(d) 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
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
(41) Information
on
imports
have
been
analysed
at
CN
code
(34) In
accordance
with
Article
18
of
the
basic
Regulation,
in
level for the three main types of the like product,
the absence of other information available, the analysis of
ammonium persulphate, sodium persulphate, potassium
the spare capacity in the PRC was based on the facts
persulphate, on TARIC code level for the fourth type,
available, namely the limited information provided by
potassium peroxymonosulphate. The analysis of imports
the cooperating Chinese exporting producer on the
was supplemented by data collected under Article 14(6)
market situation in the PRC, by the Union industry
of the basic Regulation.
and from publicly available information at the level of
five main producers identified in the PRC and data
collected at initiation stage. The information delivered
3. Union Consumption
by these sources was found to be consistent.
(42) Union
consumption
was
established
on
the
basis
of
the
sales volume of the Union industry on the Union market,
(35) Based
on
this
information,
it
is
assumed
that
more
than
and import data from Eurostat, at CN code and TARIC
100 thousand tonnes of production capacity is available
code level.
in the PRC, which represents around three times the
volume of Union consumption during the RIP.
(43) Union
consumption
in
the
RIP
was
slightly
higher
than
at the beginning of the period considered. There was an
(36) Based on the capacity utilisation rate of the cooperating
increase of 22 % noted between 2009 and 2010 but
producer, it was concluded that there are potentially
further on the consumption steadily decreased by
significant capacities available in the PRC which could
around 18 %.

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EN
17.12.2013 Official
Journal
of
the
European
Union L
338/15
Table 1
Consumption
2009 2010 2011 RIP
Consumption (tonnes)
25 000 – 35 000
35 000 – 45 000
35 000 – 45 000 25
000
–
35
000
Index (2009 = 100) 100 122 114 103
Source: Questionnaire replies, Eurostat, Article 14(6) database.
4. Volume, prices and market share of imports from
2009 2010 2011 RIP
the PRC
(44) The
volumes
and
market
shares
of
imports
from
the
PRC
Index (2009 = 100) 100 89 99 102
were analysed on the basis of Eurostat and the data
collected in accordance with Article 14(6) of the basic
Regulation.
Market share
100 106 89 126

Index
(45) Comparison
of
the
above
mentioned
databases
indicates
USA
that all imports from the PRC originate from the one
company which was found not to be dumping in the
original investigation. As a consequence the market share
Volume of imports
3,662 3,951 4,156 2,556
of the dumped imports from the PRC and its prices
(tonnes)
evolution cannot be analysed.
Index (2009 = 100) 100 108 114 70
(46) Furthermore, since the Chinese exporting producers
under anti-dumping measures did not export the
Price EUR/tonne 1,053 1,170 1,201 1,099
product concerned to the Union during the RIP, it was
not possible to calculate price undercutting for the PRC.
Index (2009 = 100) 100 111 114 104
5. Imports from other third countries
Market share
100 88 100 68
Index
(47) The volume of imports and prices and market share from
other countries during the period considered is shown in
the table below. They were established on the basis of
Other third
statistical information provided at CN code and TARIC
countries
code level. Due to confidentiality as explained in recital
40 above the market share figures are disclosed in an
Volume of imports
1 652 1
605 1
420 1
105
indexed form.
(tonnes)
Table 2
Index (2009 = 100) 100 97 86 67
Imports from other third countries
Price EUR/tonne 1
443 1
518 1
605 1
738
2009 2010 2011 RIP
Index (2009 = 100) 100 105 111 120
Turkey
Market share
100 80 76 65
Volume of imports
2,326 3,002 2,360 3,026
Index
(tonnes)
Total third countries
Index (2009 = 100) 100 129 101 130
Volume of imports
7 640 8
558 7
936 6
687
Price EUR/tonne 1,137 1,010 1,130 1,158
(tonnes)

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L 338/16
EN
Official Journal of the European Union
17.12.2013
2009 2010 2011 RIP
Chinese imports and the Union industry. During the
same period the Union industry increased its prices on
Index (2009 = 100) 100 112 104 88
average by 7 % as stated in recital 64 below.
Price EUR/tonne 1,163 1,179 1,252 1,231
6. Economic situation of the Union industry
Index (2009 = 100) 100 101 108 106
6.1. Preliminary remarks
(49) Pursuant
to
Article
3(5)
of
the
basic
Regulation,
the
Market share
100 92 91 85
Commission examined all economic factors and indices
Index
having a bearing on the state of the Union industry.
Source: Eurostat and Taric
6.2. Production, production capacity and capacity utilisation
(50) The
Union
industry’s
production
increased
significantly
(48) Import
volumes
from
other
third
countries
into
the
during the period considered. This increase was the
Union market decreased by around 12 % during the
most pronounced between 2009 and 2010 when
period considered, and the average price increased by
production increased by 32 percentage points. It
6 % over the same period. The market share lost by
remained stable afterwards, decreasing slightly between
other third countries was taken over partly by the
2011 and the RIP.
Table 3
Total Union production
2009 2010 2011 RIP
Production (tonnes)
20 000 – 30 000
25 000 – 35 000 25
000
–
35
000 25
000
–
35
000
Index (2009 = 100) 100 132 135 125
Source: Questionnaire replies
(51) Production
capacity
remained
stable
during
the
period
considered.
As
production
increased
in
the
period 2009-2011, capacity utilisation showed an overall increase of 34 %. This trend changed in the
RIP because the decrease in production also resulted in a decrease in capacity utilisation by six
percentage points as shown below:
Table 4
Production capacity and capacity utilisation
2009 2010 2011 RIP
Production capacity
35 000 – 45 000
35 000 – 45 000 35
000
–
45
000 35
000
–
45
000
(tonnes)
Index (2009 = 100) 100 101 101 101
Capacity utilisation 60
% 79
% 81
% 75
%
Index (2009 = 100) 100 131 134 124
Source: Questionnaire replies

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EN
17.12.2013 Official
Journal
of
the
European
Union L
338/17
6.3. Stocks
(52) Although the level of closing stocks of the Union industry increased substantially between 2009 and
the RIP its level remains relatively low with regard to production level.
Table 5
Closing stock
2009 2010 2011 RIP
Closing stock (tonnes) 500
–
1
500 1
000
–
2
000 2
000
–
3
000
1 500 – 2 500
Index (2009 = 100) 100 144 227 184
Source: Questionnaire replies
6.4. Sales volume
(53) The sales volume of the Union industry on the Union market to unrelated customers followed the
trend of consumption with a peak in 2010 and then a decreasing trend in the following years, until
the end of the RIP. Over the period considered it increased by 6 %.
Table 6
Sales to unrelated customers
2009 2010 2011 RIP
Volume (tonnes)
15 000 – 25 000
20 000 – 30 000 20
000
–
30
000 15
000
–
25
000
Index (2009 = 100) 100 122 113 106
Source: Questionnaire replies
6.5. Market share
(54) As sales volumes to the Union followed the trend of consumption, the Union industry market share
remained relatively stable in the period considered.
Table 7
Union market share
2009 2010 2011 RIP
Union industry market
65 % - 75 %
65 % - 75 % 65
%
-
75
%
65 % - 75 %
share
Index (2009 = 100) 100 100 100 103
Source: Questionnaire replies, Eurostat and Taric

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L 338/18
EN
Official Journal of the European Union
17.12.2013
6.6. Growth
(55) As explained above, the growth in consumption in the Union was limited to 3 percentage points
during the period considered. The Union industry managed to slightly increase its sales volumes and
market share during the same period.
6.7. Employment and productivity
(56) The level of employment of the Union industry remained stable between 2009 and the RIP. However,
the productivity per employee, measured as output in tonne per employee, increased visibly in this
period in line with production trend. Detailed data is shown below:
Table 8
Total Union employment and productivity
2009 2010 2011 RIP
Index of employees 100 100 103 101
Index of productivity 100 132 131 124
Source: Questionnaire replies
6.8. Unit sales prices
(57) Unit sales prices of the Union industry to unrelated customers in the Union increased by 7 %
between 2009 and the RIP. This 7 % increase in the average sales price of the Union industry can
be explained by the change in the product mix they were selling during the period considered. This
price, even taking into account the potential difference in the product mix, was significantly higher
than the price charged by the cooperating Chinese producer for export to third countries.
Table 9
Unit price of Union sales
2009 2010 2011 RIP
Unit price of Union 1 100 – 1 300 1
100
–
1
300 1
200
–
1
400
1 200 – 1 400
sales (EUR/tonne)
Index (2009 = 100) 100 100 105 107
Source: Questionnaire replies
6.9. Profitability
Table 10
(58) In
2009,
profitability
of
the
Union
industry
was
close
to
Profitability
breakeven. Subsequently, in the period 2010 — RIP,
profitability remained above 10 %. The sudden jump in
2009 2010 2011 RIP
the profitability index between 2009 and 2010 thus
results from very low base level in 2009 which was a
critical year for the Union industry. In 2011 the high
Profitability Union sales
100 2
400 3
336 1
854
profitability resulted from an extraordinary cost saving
Index (2009 = 100)
event, which will not repeat itself in the future. This is
already reflected in the decreased profitability in the RIP,
Source: Questionnaire replies
which continues to be the trend.

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EN
17.12.2013 Official
Journal
of
the
European
Union L
338/19
6.10. Investment and return on investment
6.14. Recovery from past dumping
(59) The
investigation
showed
that
the
Union
industry
was
(64) Taking
into
account
the
absence
of
low-priced
dumped
able to keep high level of investments in all the period
imports from the PRC, the relatively high capacity utili
considered.
sation and the gain in market share achieved by the
Union industry, its level of profitability and the positive
development of certain financial indicators, it is
concluded that the Union industry recovered from the
(60) Return
on
investment
followed
closely
the
profitability
effects of past dumping during the period considered.
trend in 2009 and 2011 being not representative as
The recovery is however recent and a certain decline in
explained in recital 58 above.
various injury indicators such as profitability, cash flow,
return on investment and investment was observed in the
Union market during the RIP.
Table 11
Investments and Return on Investment
7. Conclusion on the situation of the Union industry
Index (2009 = 100) 2009 2010 2011 RIP
(65) The
investigation
showed
that
the
imports
of
low-prices
dumped products from the PRC ceased on the Union
market right after the imposition of the original
Investments 100 71 110 99
measures in 2007 and they were not present during
the period considered or the RIP. The imports from the
Return on investment 100 3
166 4
647 2
455
PRC present on the Union market originate from the sole

Chinese producer found not to be dumping in the
original investigation. This allowed the Union industry
Source: Questionnaire replies
to achieve high level of production, increase its sales
volume, average sales price, market share and profit
ability and to improve its overall financial situation.
6.11. Cash flow and ability to raise capital
(61) The cash-flow, which affects the ability of the industry to
self-finance its activities, expressed as a percentage of the
(66) It
is
therefore
concluded
that
the
Union
industry
did
not
suffer material injury during the RIP. Given the decline in
turnover of the product concerned, followed a trend
consumption and the deterioration in certain injury indi
similar to that of profitability. It significantly improved
cators as described above during the RIP, the situation of
up to 2011 and decreased during the RIP.
the Union industry is still vulnerable.
Table 12
E. LIKELIHOOD OF RECURRENCE OF INJURY
Cash flow
1. Preliminary remarks
2009 2010 2011 RIP
(67) To
assess
the
likelihood
of
recurrence
of
injury
if
the
measures were allowed to lapse, the potential impact of
Cash flow
100 288 381 172
the Chinese imports on the Union market and the Union
Index (2009 = 100)
industry was analysed in accordance with Article 11(2) of
the basic Regulation.
Source: Questionnaire replies
(68) The
analysis
focused
on
the
spare
capacity
in
the
PRC
6.12. Wages
and the behaviour of the Chinese exporters in the third
country markets and in the Union market.
(62) Whilst
the
number
of
people
employed
by
the
Union
industry remained stable, their wages increased by 12 %
during the period considered.
2. Spare capacity in the PRC
(69) According to the information collected
and verified
6.13. Magnitude of dumping margin
during the investigation, it is estimated that around
100 thousand tonnes of production capacity for the
(63) As
explained
above
there
were
no
dumped
imports
from
product concerned is available in China. Furthermore,
the PRC during the period considered, therefore the
there are several small producers dispersed in the
magnitude of dumping margin could not be assessed.
country which make this figure even higher.

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L 338/20
EN
Official Journal of the European Union
17.12.2013
(70) Due
to
the
lack
of
cooperation
from
Chinese
exporters
4. Conclusion
there is no data available indicating the precise
percentage of this capacity which is spare and which
(75) In view of the findings of the investigation, namely the
could be used for exporting the product concerned to
spare capacity available in the PRC, the continuation of
the Union market. However, the investigation showed
Chinese dumping to the third countries, the limited
that the sole Chinese cooperating producer has a spare
ability of the Chinese exporters to sell in other main
capacity of around 30 %. Extrapolating this information
third countries markets and their proven ability to
to all Chinese companies would mean that a spare
redirect export volumes to the Union market, it is
capacity of more than 30 thousand tonnes currently
considered that the repeal of the measures would
exists in the PRC.
weaken the position of the Union industry in their
core market and the injury suffered would recur due to
likely Chinese imports at dumped prices. There are no
reasons to believe that the improvement of the
performance of the Union industry due to the
(71) Based
on
the
above,
even
if
the
Chinese
companies
measures in force would remain or strengthen if the
would not work at their full capacity, 20-25 thousand
measures were repealed. On the contrary, there are
tonnes of the product concerned would be available for
favourable conditions for a likely shift of the Chinese
export in the PRC. Given the findings made and the
imports to the Union market at dumped prices and in
conclusions reached in recitals 22 to 44 above, it is
considerable volumes and that would likely undermine
clear that in case the measures would not be extended,
the positive developments in the Union market reached
the available spare capacity in China will be intended to
over the period considered. The likely Chinese dumped
be exported to the Union market. This potential
imports would be able to exercise pressure on the Union
additional export volume should be seen in the context
industry’s sales prices and make it lose market share and
of a Union consumption of around 25 000-35 000
as a consequence would negatively impact the Union
tonnes in the RIP.
industry’s financial performance which is still vulnerable
as explained in recital 66 above.
3. Export From the PRC
F. UNION INTEREST
(72) As
mentioned in recital 20 above, the investigation
1. Introduction
showed that Chinese exports to third countries were
made at dumped prices. Furthermore, the results of
(76) In
accordance
with
Article
21
of
the
basic
Regulation,
it
expiry reviews conducted by the relevant authorities in
was examined whether the maintenance of the existing
the USA and in Indialed to the recommendation that the
measures would be against the Union interest as a whole.
anti-dumping measures in force on persulphates from the
The determination of the Union interest was based on an
PRC should be extended. In this situation it is expected
appreciation of the various interests involved, i.e. those of
that free production capacity of the Chinese exporters
the Union industry, of importers and of users. The
will be mainly used to produce for export to the
interested parties were given the opportunity to make
Union market if the measures are allowed to lapse. As
their views known pursuant to Article 21(2) of the
explained in recital 32 above, given that the supply to
basic Regulation.
other third country markets, not under measures, is
already ensured by companies that are present in those
markets, any spare capacity available in the PRC would
likely be used to export the product concerned to the
(77) As this investigation is a review of the existing measures,
Union market.
it allowed for assessment of any undue negative impact
of the existing anti-dumping measures on the interested
parties.
(73) Taking
into
account
past
dumping
practice
of
Chinese
exporters that led to the imposition of the measures in
2. Interest of the Union industry
force and their current dumping behaviour in third coun
tries, it can be concluded that these volumes of exports
(78) It
was
concluded
in
recital
70
above
that
the
Union
to the Union would be made at dumped prices.
industry would be likely to experience a serious deterio
ration of its situation in case the anti-dumping measures
were allowed to lapse. Therefore, the continuation of
measures would benefit the Union industry because the
Union producers should be able to maintain its sales
(74) Moreover,
as
mentioned
in
recital
23
above,
it
is
recalled
volumes, market share, profitability and its overall
that in the years 1995 to 2001 anti-dumping measures
positive economic situation. By contrast, the discon
were imposed against export of persulphates from the
tinuation of the measures would seriously threaten the
PRC. As these measures were not extended, imports
viability of the Union industry because there are reasons
from the PRC increased from less than 200 tonnes in
to expect a shift of the Chinese imports to the Union
2001 to almost 10 thousand tonnes in 2006, and thus
market at dumped prices and in considerable volumes
took more than 20 % of the Union market.
that would cause recurrence of injury.

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EN
17.12.2013 Official
Journal
of
the
European
Union L
338/21
3. Interest of users
special measures, which only apply to companies for
which an individual duty rate is introduced, include the
(79) None of the 44 contacted users replied to the ques
following: the presentation to the customs authorities of
tionnaire or cooperated. Users did not cooperate in the
the Member States of a valid commercial invoice, which
original investigation either. In absence of interest from
shall conform to the requirements set out in the Annex
users, it was concluded that measures would not be
to this Regulation. Imports not accompanied by such an
against the users’ interest to maintain them. In
invoice shall be made subject to the residual anti-
addition, the investigation revealed that the impact of
dumping duty applicable to all other producers,
the product concerned on the costs of downstream
products is rather marginal and the maintenance of the
measures would not adversely impact the user industry.
The investigation also revealed that due to the nature of
the product as well as the several sources of supplies
HAS ADOPTED THIS REGULATION:
available on the market users can easily switch suppliers.
Article 1
4. Interest of importers
1. A
definitive
anti-dumping
duty
is
hereby
imposed
on
imports of peroxosulphates (persulphates), including potassium
(80) None of the 14 contacted importers replied to the ques
peroxymonosulphate sulphate, currently falling within CN codes
tionnaire or cooperated. Importers did not cooperate in
2833 40 00 and ex 2842 90 80 (TARIC 2842 90 80 20) and
the original investigation either. In absence of interest
originating in the People’s Republic of China.
from importers, it was concluded that it would not be
against their interest to maintain measures. The investi
gation revealed that importers can easily buy from
different sources that are currently available on the
market, in particular from the Union industry, US
2. The
rate
of
the
definitive
anti-dumping
duty
applicable
to
exporters and Chinese exporters selling at non-dumped
the, net free-at-Union-frontier price, before duty, of the products
prices.
described in paragraph 1, and manufactured by the companies
listed below shall be as follows:
5. Conclusion
Company
Anti-Dumping
TARIC Additional
(81) In
view
of
the
above,
it
is
concluded
that
there
are
no
Duty
Code
compelling reasons of Union interest against the main
tenance of the current anti-dumping measures.
ABC Chemicals (Shanghai) Co., Ltd,
0,0 % A820
Shanghai
United Initiators Shanghai Co., Ltd 24,5
% A821
G. ANTI-DUMPING MEASURES
All other companies 71,8
% A999
(82) All
parties
were
informed
of
the
essential
facts
and
considerations on the basis of which it was intended to
recommend that the existing measures be maintained.
They were also granted a period to submit comments
subsequent to that disclosure. The submissions and
3. The
application
of
the
individual
duty
rates
specified
for
comments were duly taken into consideration where
the companies mentioned in paragraph 2 shall be conditional
warranted.
upon presentation to the customs authorities of the Member
States of a valid commercial invoice, which shall conform to the
requirements set out in the Annex. If no such invoice is pres
ented, the duty rate applicable to ‘all other companies’ shall
apply.
(83) It
follows
from
the
above
that,
as
provided
for
by
Article 11(2) of the basic Regulation, the anti-dumping
measures applicable to imports of certain peroxosul
phates (persulphates) originating in the PRC, imposed
4. Unless
otherwise
specified,
the
provisions
in
force
by Regulation (EC) No 1184/2007 should be maintained.
concerning customs duties shall apply.
(84) In
order
to
minimise
the
risk
of
circumvention
due
to
Article 2
the high difference in the duty rates, it is considered that
special measures are needed in this case to ensure the
This Regulation shall enter into force on the day following that
proper application of the anti-dumping duties. These
of its publication in the Official Journal of the European Union.

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L 338/22
EN
Official Journal of the European Union
17.12.2013
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 December 2013.
For the Council
The President
J. NEVEROVIC
ANNEX
A declaration signed by an official of the entity issuing the commercial invoice, in the following format, must appear on
the valid commercial invoice referred to in Article 1(3):
(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 peroxosulphates sold for export to the
European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code)
in the People’s Republic of China. I declare that the information provided in this invoice is complete and correct.’
Date and signature

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Document Outline

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