HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 165/4
EN
Official Journal of the European Union
26.6.2012
COUNCIL IMPLEMENTING REGULATION (EU) No 541/2012
of 21 June 2012
terminating the interim review of the anti-dumping measures concerning imports of furfuraldehyde
originating in the People’s Republic of China and repealing those measures
THE COUNCIL OF THE EUROPEAN UNION,
in 1995 and never revised. The Commission would
therefore consider the ex officio initiation of an interim
Having regard to the Treaty on the Functioning of the European
review pursuant to Article 11(3) of the basic Regulation.
Union,
(6) Having
determined
that
the
Commission
had
at
its
Having regard to Council Regulation (EC) No 1225/2009 of
disposal sufficient prima facie evidence for the initiation
30 November 2009 on protection against dumped imports
of an ex officio interim review, and after consulting the
from countries not members of the European Community (
Advisory Committee, the Commission announced on

1 )
(‘the basic Regulation’), and in particular Article 9 and
5 July 2011, in a notice published in the Official
Article 11(3), (5) and (6) thereof,
Journal of the European Union ( 6 ) (‘the notice of initiation’),
the initiation of an interim review pursuant to
Article 11(3) of the basic Regulation.
Having regard to the proposal submitted by the European
Commission (‘Commission’) after consulting the Advisory
Committee,
3. Investigation
3.1. Investigation period
Whereas:
(7) The
investigation
concerning
dumping
covered
the
period from 1 July 2010 to 30 June 2011 (‘the review
A. PROCEDURE
investigation period’ or ‘RIP’). The examination of the
1. Measures in force
trends relevant for the assessment of injury covered the
period from 1 January 2008 to the end of the review
(1) In
1995,
the
Council
imposed
by
Regulation
(EC)
No
investigation period (‘the period considered’).
95/95 ( 2 ) a definitive anti-dumping duty in the form of
a specific duty on imports of furfuraldehyde originating
3.2. Parties concerned by this investigation
in the People’s Republic of China (‘PRC’ or ‘the country
concerned’) (‘the original anti-dumping measures’). The
(8) The
Commission
officially
advised
the
Union
industry,
specific duty rate was set at EUR 352 per tonne.
exporting producers in the country concerned, importers,
users known to be concerned, and the authorities of the
(2) Following
an
interim
review
initiated
in
May
1997
upon
country concerned of the initiation of the interim review.
the request of a Chinese exporter, the measures were
maintained by Council Regulation (EC) No 2722/1999 ( 3 )
(9) Interested
parties
were
given
the
opportunity
to
make
for a further period of four years.
their views known in writing and to request a hearing
within the time limit set in the notice of initiation.
(3) In
April
2005,
following
an
expiry
review,
the
Council,
by Regulation (EC) No 639/2005 ( 4 ), extended the
3.3. Sampling for exporting producers in the People’s Republic
measures for a further period of five years.
of China
(10) In view of the apparent large number of exporting
(4) In
May
2011,
following
a
further
expiry
review,
the
producers in the PRC, it was considered appropriate to
Council, by Implementing Regulation (EU) No
examine whether sampling should be used, in accordance
453/2011 ( 5 ), extended the measures for a further
with Article 17 of the basic Regulation. In order to
period of five years. The specific duty rate was set at
enable the Commission to decide whether sampling
the same level as in the original anti-dumping
would be necessary and, if so, to select a sample, the
measures, i.e. EUR 352 per tonne.
exporting producers in the PRC were requested to
make themselves known within 15 days of the initiation
2. Initiation of an interim review
of the review and to provide the Commission with the
information requested in the notice of initiation. Given
(5) Recital
84
of
Implementing
Regulation
(EU)
No
that no exporting producers came forward to cooperate,
453/2011 states that the Council considered it appro
sampling was therefore not necessary.
priate to assess if the level of the duty was still
relevant, given that the specific duty had been established
on the basis of the findings of the original investigation
3.4. Questionnaire replies and verifications
(11) The
Commission
sent
questionnaires
to
all
parties
known
( 1 ) OJ L 343, 22.12.2009, p. 51.
to be concerned. No other parties made themselves
( 2 ) OJ L 15, 21.1.1995, p. 11.
known within the deadlines set in the notice of initiation.
( 3 ) OJ L 328, 22.12.1999, p. 1.
( 4 ) OJ L 107, 28.4.2005, p. 1.
( 5 ) OJ L 123, 12.5.2011, p. 1.
( 6 ) OJ C 196, 5.7.2011, p. 9.

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EN
26.6.2012 Official
Journal
of
the
European
Union L
165/5
(12) No
replies
to
the
questionnaires
were
received
from
the
(19) As
in
the
original
investigation,
Argentina
was
proposed
two Union producers, the Chinese exporting producers
in the notice of initiation as an appropriate analogue
or from any importers or users. One producer in the
country for the purposes of establishing normal value
analogue country, Argentina, replied to the questionnaire.
pursuant to Article 2(7)(a) of the basic Regulation.
Following the publication of the notice of initiation, no
comments concerning the proposed analogue country
(13) Given
the
lack
of
cooperation
from
parties,
no
verifi
were received.
cation visits were carried out.
B. PRODUCT CONCERNED AND LIKE PRODUCT
(20) One
producer
of
furfuraldehyde
in
Argentina
cooperated
with the investigation by replying to a questionnaire. The
1. Product concerned
investigation showed that Argentina had a competitive
market for furfuraldehyde with around 90 % of the
(14) The
product
concerned
by
this
review
is
the
same
as
the
one in the original investigation and the following
market supplied by local production and the rest by
reviews mentioned above, namely furfuraldehyde orig
imports from third countries. The production volume
inating in the PRC, currently falling within CN code
in Argentina constitutes more than 70 % of the volume
2932 12 00 (‘the product concerned’). Furfuraldehyde is
of Chinese exports of the product concerned to the EU
also known as 2-furaldehyde or furfural.
for inward processing. The Argentinean market was

therefore deemed sufficiently representative for the deter
mination of normal value for the PRC.
(15) Furfuraldehyde is a light yellow liquid with a char
acteristic pungent odour, which is obtained by processing
different types of agricultural waste. Furfuraldehyde has
(21) It
is
therefore
concluded,
as
in
the
previous
investi
two main applications: as a selective solvent in petroleum
gations, that Argentina constitutes an appropriate
refining for the production of lubricating oils and as raw
analogue country in accordance with Article 2(7)(a) of
material for processing into furfuryl alcohol, which is
the basic Regulation.
used to make synthetic resin for foundry moulds.
2. Like product
3. Dumping of imports during the RIP
(16) As in the previous investigations, it was considered that
3.1. Normal value
the furfuraldehyde produced in the PRC and exported to
the EU, the furfuraldehyde produced and sold on the
(22) Normal value was established on the basis of the
domestic market of the analogue country Argentina
information received from the cooperating producer in
and the furfuraldehyde manufactured and sold in the
the analogue country, i.e. on the basis of the price paid
EU by the Union producers have the same basic
or payable on the domestic market of Argentina by
physical and chemical characteristics, and the same
unrelated customers, since these sales were found to be
basic uses. They were therefore considered to be like
made in the ordinary course of trade.
products within the meaning of Article 1(4) of the
basic Regulation.
(23) As
a
result,
normal
value
was
established
as
the
weighted
average domestic sales price to unrelated customers by
C. DUMPING
the cooperating producer in Argentina.
1. General
(17) No
Chinese exporting producer cooperated with the
(24) It
was
first
established
whether
the
total
domestic
sales
of
investigation and they did not submit any information.
the like product to independent customers were repre
Therefore, the findings on dumping set out below had to
sentative in accordance with Article 2(2) of the basic
be based on facts available, in particular Eurostat data,
Regulation, i.e. whether they accounted for 5 % or
official export statistics of the PRC and information
more of the total sales volume of the product
submitted by the company in the analogue country,
concerned exported to the EU. The domestic sales of
Argentina.
the cooperating producer in Argentina were sufficiently
representative during the RIP.
2. Analogue country
(18) Pursuant
to
Article
2(7)(a)
of
the
basic
Regulation
normal
(25) The
Commission subsequently
examined
whether
the
value was determined on the basis of the price or
domestic sales of the like product could be regarded as
constructed value in an appropriate market economy
being sold in the ordinary course of trade pursuant to
third country (‘the analogue country’), or the price
Article 2(4) of the basic Regulation. This was done by
from the analogue country to other countries, including
establishing for the like product sold on the Argentinean
the Union, or, where those are not possible, on any other
market the proportion of profitable domestic sales to
reasonable basis, including the price actually paid or
independent customers during the RIP. Since all sales
payable in the Union for the like product, duly
of the like product during the RIP were profitable,
adjusted if necessary to include a reasonable profit
normal value was based on weighted average of all
margin.
domestic sales.

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L 165/6
EN
Official Journal of the European Union
26.6.2012
3.2. Export price
(32) Moreover,
domestic
demand
for
corn
cob,
the
main
raw
material used by Chinese furfuraldehyde producers, has
(26) As none of the Chinese exporters to the EU cooperated
been increasing. With the rising global population,
with the investigation, export prices were established on
especially in the PRC and India, and the change from a
the basis of the facts available. The most appropriate
grain based diet to a protein based diet, the global
basis was found to be the information provided by
demand for corn is forecasted to grow at an increased
Eurostat data in relation to imports into the EU of the
rate. The PRC is the world’s second largest corn
product concerned. Though most of these imports were
consumer. In addition to the increase in industrial uses
made under the inward processing regime (Chinese
of corn, the Chinese demand for feed and livestock
furfuraldehyde was further processed into furfuryl
production is growing 3 % to 6 % annually. Whereas
alcohol for export), there was no reason to consider
the PRC’s corn consumption has been growing rapidly
that they were not a reasonable basis for establishing
over the last few years, its production has been falling
export prices.
behind the demand. It is expected that during the time
period 2011-15 corn exports from the USA to the PRC
will quintuple. It also has to be noted that Chinese
3.3. Comparison
furfural producers are facing more and more competition
from xylose and xylitol producers, with whom they share
(27) For
the
purposes
of
ensuring
a
fair
comparison
between
the same feedstock (corn cobs).
the normal value and the export price in accordance with
Article 2(10) of the basic Regulation, due allowance in
the form of adjustments was made with regard to certain
differences in transport, credit costs and insurance, which
(33) Concerning Chinese exports to the EU during the RIP, it
affected prices and price comparability.
should be noted that virtually all furfuraldehyde from the
country concerned is imported exclusively under inward
processing arrangements (IPR). This practice started in
3.4. Dumping margin
2000 with approx. 75 % of Chinese yearly quantities of
furfuraldehyde being shipped into the Union without
(28) In
accordance
with
Article
2(11)
of
the
basic
Regulation,
being subject to anti-dumping duty, with the aim of
the dumping margin was established on the basis of a
further processing them into furfuryl alcohol destined
comparison of the weighted average normal value with
for export to third countries. Since 2001, free market
the weighted average export prices at the same level of
imports from the country concerned have almost
trade. This comparison showed a margin of dumping of
completely ceased.
5,6 %.
4. Lasting nature of changed circumstances
(34) The
long-term changes
in the
domestic
demand for
furfural in the PRC and the tight supply-demand
(29) Further to the analysis of the existence of dumping
situation on the Chinese corn market, along with the
during the RIP, the likelihood of the continuation of
structure of Chinese imports to the EU as explained in
dumping should measures be repealed was investigated.
the previous recital, seem to have led to a change in the
Given the fact that no exporting producer in the PRC
level of dumping practiced by the Chinese exporting
cooperated in this investigation, the conclusions below
producers. A comparison of Chinese export prices to
rely on facts available in accordance with Article 18 of
the EU with the normal value of the product concerned,
the basic Regulation.
all duly adjusted, shows a decrease in the dumping
margin during the RIP, as compared to the previous
expiry review investigation.
(30) In
this
respect
the
following
elements
were
analysed:
Chinese domestic demand and consumption, and the
development of Chinese exports to the EU under the
inward processing regime (IPR).
(35) In
conclusion,
the
above
analysis
shows
that
the
changes
in the Chinese domestic demand and consumption of
corn cobs and furfuraldehyde and consequently of
(31) According to information available, since 2007 the
prices, are of a lasting nature. Therefore it can be
domestic consumption of furfuraldehyde in the PRC
concluded that if anti-dumping measures are repealed,
has been increasing at a faster pace (an average forecasted
Chinese exports into the Union would not significantly
annual growth for the time period 2007-12 of approx.
increase.
9 %) than the Chinese production capacity of that
product (approx. + 6 %). The rise in Chinese domestic
furfural consumption is mostly explained by the
growing demand for furfuraldehyde’s main downstream
D. UNION INDUSTRY
product, furfuryl alcohol. Chinese production of furfuryl
alcohol has been drastically increasing since 1999,
(36) The
Union
industry
(‘UI’)
consists
of
two
companies:
reflecting an emphasis on manufacturing higher-value
Lenzing AG (Austria) and Tanin Sevnica kemicna
furfural products and increasing demand for furan
industrija d.d (Slovenia), which together account for
resins from the foundry industry.
100 % of Union production of the like product in the

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EN
26.6.2012 Official
Journal
of
the
European
Union L
165/7
RIP. On this basis, the two Union producers constitute
Table 1 — Union consumption
the Union industry within the meaning of Articles 4(1)
and 5(4) of the basic Regulation. Neither company
Year 2008 2009 2010 RIP
replied to the questionnaires sent to them or fully
cooperated in the investigation.
Tonnes 45
738 38
175 38
000 38
000
Index (2008 = 100) 100 83 83 83
Y/Y trend –
17
0
0
(37) Given
the
lack
of
cooperation
from
the
Union
industry,
Source: verified questionnaire replies of the Union industry and IFC,
data for examining the situation of the Union market and
Eurostat
injury caused to the Union industry by dumped imports
from the PRC has been taken from facts available,
including data extrapolated from information collected
2. Imports from the PRC
in the recent expiry review which covered the period
from 1 January 2007 until 31 March 2010. Any
2.1. Volume, market share and prices
sources given for the data in the tables below therefore
relates to the period 2007-09 unless specified. Nutrafur,
(41) According
to
Chinese
export
statistics,
Chinese
imports
the Spanish producer that lodged the original complaint
were being made under IPR during the RIP. The Chinese
in 1994 under the name of Furfural Espanol S.A., ceased
IPR volume increased from 10 002 tonnes in 2008 to
production in October 2008. The production figures of
13 975 tonnes in the RIP, i.e. by 40 %. Over the period
Nutrafur in 2008 were included in the consumption in
considered the Chinese market share for IPR increased
the Union market. For reasons of confidentiality data
from 22 % to 37 %, i.e. by 15 percentage points.
concerning the performance of the Union industry are
given only in indexed form.
(42) The
Chinese
IPR
price
increased
by
47
%
from
EUR
1 014 per MT in 2008 to EUR 1 488 in the RIP. It is
E. SITUATION ON THE UNION MARKET
noted that during the RIP prices of Chinese imports
increased rapidly, reaching a high point of over
1. Consumption in the Union market
1 700 EUR/MT.
(38) Union
consumption of furfuraldehyde
for 2008 and
2009 was established on the basis of the verified sales
volumes of the Union industry on the Union market
(including the sales of Nutrafur until October 2008
Table 2 — Imports from the PRC
while it was still producing furfuraldehyde) plus
imports under Inward Processing Regime (IPR) from
Year 2008 2009 2010 RIP
the PRC and imports from other third countries into
free circulation, based on data of the importer Inter
Tonnes 10
002 5
159 8
375 13
975
national Furan Chemicals BV (‘IFC’) verified during the
last expiry review investigation and Eurostat. As
Index (2008 = 100) 100 52 84 140
Eurostat does not disclose the complete information for
Y/Y trend –
48 32 56
confidentiality reasons, Eurostat data were used only for
the imports from other third countries except the PRC
Market share 22
% 14
% 22
% 37
%
and the Dominican Republic, since IFC is the sole
importer of furfuraldehyde from these sources.
Price, EUR/tonne 1
014 690 1
362 1
488
Index (2008 = 100) 100 68 134 147
Source: Verified questionnaire response of IFC, Chinese export statistics
(39) Facts available were used for 2010 and the RIP due to
the lack of cooperation from both the Union industry
and the sole importer and the confidentiality of large
3. Import volumes and prices from other third
amounts of data usually available from Eurostat. In the
countries
absence of any indications to the contrary, there was no
reason to believe that there has been any marked shift in
(43) It
should
be
noted
that,
as
in
the
original
investigation,
Union consumption since 2009 and it was considered
imports from the Dominican Republic were entirely
that it remained at the same levels during 2010 and the
shipments from a parent company to its European
RIP.
subsidiary to produce furfuryl alcohol. Thus, the prices
used in these transactions are transfer prices between
related companies which may not reflect real market
prices. Given the lack of cooperation from the importer
concerned and the confidentiality of data in Eurostat, it
(40) On
this
basis,
during
the
period
considered,
the
Union
has been assumed that imports and prices from the
consumption decreased by 17 %, from 45 738 tonnes in
Dominican Republic remained constant during 2010
2008 to 38 000 tonnes during the RIP.
and the RIP.

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L 165/8
EN
Official Journal of the European Union
26.6.2012
Table 3 — Imports into the Union from the Dominican
5. Economic situation of the Union industry
Republic
(46) The
economic
situation
of
the
Union
industry,
i.e.
the
Year 2008 2009 2010 RIP
two companies Lenzing and Tanin, is analysed below
using data collected during the expiry review plus facts
Tonnes 27
662 24
996 25
000 25
000
available for the current review investigation period (RIP).
Index (2008 = 100) 100 90 90 90
5.1. Production
Y/Y trend –
10
0
0
(47) The total production by the Union industry of the like
Market share 60
% 65
% 66
% 66
%
product increased by 5 % until 2009. In the absence of
other data it was assumed that production remained
Price, EUR/tonne 982 582 582 582
stable in 2010 and the RIP.
Index (2008 = 100) 100 59 59 59
Table 6 — Union production
(44) According
to
Eurostat,
import
volumes
of
furfuraldehyde
Year 2008 2009 2010 RIP
into the Union from countries other than the PRC,
together with their average prices, developed as follows:
Index (2008 = 100) 100 105 105 105
Y/Y trend
5
0
0
Table 4 — Imports into the Union from other third
Source: Verified questionnaire replies of the Union producers
countries
Year 2008 2009 2010 RIP
5.2. Production capacity and capacity utilisation
Tonnes 1
583 1
226 138 162
(48) The
total
production
capacity
of
the
Union
industry
remained the same in 2008 and 2009. Given the lack
Index (2008 = 100) 100 77
9 10
of cooperation from the Union industry it was assumed
Y/Y trend –
23 –
68
1
that capacity and utilisation remained the same in 2010
and the RIP.
Market share 3
% 3
% 1
% 1
%
Price, EUR/tonne 997 632 1
473 1
685
Table 7 — Union capacity
Index (2008 = 100) 100 63 148 169
Year 2008 2009 2010 RIP
Index (2008 = 100) 100 100 100 100
4. Export volumes and prices from the EU to other
third countries
Capacity utilisation 92
% 96
% 96
% 96
%
(45) During the period considered data was only available for
Source: Verified questionnaire replies of the Union producers
2008 and 2009. No reliable statistical data was available
to assess the evolution of the dataset into 2010 and the
RIP. In the absence of cooperation from the Union
5.3. Level of stocks
industry facts available were used and the assumption
made that exports from the EU would continue at the
(49) Given
the
lack
of
cooperation
of
the
Union
industry
it
same volume levels as 2009 with a price increase in line
was assumed that stock levels remained the same as they
with that found on the Union market.
were at the end of 2009.
Table 8 — Stocks
Table 5 — Export volumes and prices of the Union
Industry to other third countries
Year 2008 2009 2010 RIP
Index (2008 = 100) 100 56 56 56
Year 2008 2009 2010 RIP
Quantities — Index
100 155 155 155
Y/Y trend –
44
0
0
(2008 = 100)
Source: Verified questionnaire replies of the Union producers
Y/Y trend 55
0
0
Prices — Index
100 77 134 147
(2008 = 100)
5.4. Sales volume and market share
Y/Y trend –
23 57 13
(50) The Union industry’s sales volume to unrelated
customers in the Union market increased by 12 %

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EN
26.6.2012 Official
Journal
of
the
European
Union L
165/9
from 2008 to 2009. In the absence of data from the
Table 12 — Profitability and cash flow
Union industry it was assumed that volume of sales did
not increase in 2010 or the RIP.
Year 2008 2009 2010 RIP
Profitability Index
100 96 153 297
(2008 = 100)
Table 9 — Sales volume and Union market share
Y/Y trend –
4 57 144
Year 2008 2009 2010 RIP
Cash Flow — Index
100 34 69 69
Index (2008 = 100) 100 112 112 112
(2008 = 100)
Market share ranged 10-20
% 14-24
% 14-24
% 14-24
%
Y/Y trend –
66 35
0
Source: Verified questionnaire replies of the Union producers
Source: Verified questionnaire replies of the Union producers
5.5. Average sales prices
5.8. Investments, return on investments and ability to raise
capital
(51) During
the
period
considered
the
average
sales
prices
charged by the Union industry on the Union market
(54) In the absence of data from the Union industry, given the
increased substantially by 36 %. This was caused by a
increases in prices in 2010 and the RIP it has been
large price increase during 2010 and the RIP.
assumed that there was a return to the level of
investment as that seen in 2007. Return on investment
has been assumed to follow the same basic trend as
profitability shown in Table 12.
Table 10 — Average sales price in the EU
Table 13 — Investments and return on investments
Year 2008 2009 2010 RIP
Index (2008 = 100) 100 89 108 136
Year 2008 2009 2010 RIP
Y/Y trend –
11 19 28
Investments index
100
3 163 163
(2008 = 100)
Source: Verified questionnaire replies of the Union producers plus facts
made available to the Commission
Y/Y trend –
97 160
0
Return on
100 –
4 100 200
investments index
5.6. Average cost of production
(2008 = 100)
(52) As
no
cost
of
production
data
was
made
available
by
the
Y/Y trend –
104 104 100
Union industry for 2010 and the RIP data from the

previous expiry review was increased by 6 % to take
Source: Verified questionnaire replies of the Union producers
into account inflation during the period.
5.9. Employment and productivity
Table 11 — Average cost of production
(55) Given
the
lack
of
information
from
the
Union
industry
for 2010 and the RIP it has been considered that
Year 2008 2009 2010 RIP
employment and productivity remained constant during
Index (2008 = 100) 100 100 102 106
the period considered.
Y/Y trend
0
2
4
Table 14 — Employment and productivity
Source: Verified questionnaire replies of the Union producers
Year 2008 2009 2010 RIP
Employment — 100 100 100 100
5.7. Profitability and cash flow
Index
(53) Calculation
of
the
profits
made
by
the
Union
industry,
Productivity
100 100 100 100
based on the price and cost data above, showed a
(tonnes/employees)
significant increase during the period considered due to
— Index
the price increases on the Union market combined with
no evidence of increase in production costs beyond
Labour costs —
100 100 100 100
inflation. Cash flow is considered, in the absence of
Index
any other data, to have followed a trend similar to profit
Source: Verified questionnaire replies of the Union producers
ability.

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L 165/10
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Official Journal of the European Union
26.6.2012
5.10. Magnitude of dumping margin
the PRC, as furfuraldehyde is produced there from agri
cultural waste. However the price has not fallen signifi
(56) Despite the lack of cooperation from the Chinese
cantly since the harvest season at the end of 2010 and
exporting producers, the volume and value of imports
therefore this was discounted. It appeared that there had
was analysed from Eurostat together with an estimation
been an increase in the prices of imports originating in
of market share. The significant price increase in 2010
the PRC caused by the long-term growth in the domestic
and 2011 has dramatically reduced the margin of
demand for furfuraldehyde and the rising raw material
dumping from the PRC since the expiry review investi
costs in the country concerned. Due to the lack of
gation period.
cooperation from the Chinese exporting producers, this
could not be verified, but the Commission received no
evidence that this was not the case.
5.11. Recovery from the effects of dumped imports
(57) As shown by the positive evolution of most of the indi
(62) Given
the
evidence
available
to
the
Commission
referred
cators listed above, during the period considered the
to above, and the lack of information showing that the
financial situation of the Union industry has fully
price increases referred to have been temporary, it has
recovered from the injurious effect of the significantly
been concluded that this change is of a lasting nature.
dumped imports that were identified by previous inves
tigations originating in the PRC.
F. TERMINATION
OF
THE
ANTI-DUMPING
PROCEEDING AND REPEAL OF THE ANTIDUMPING
6. Conclusion on the economic situation of the
MEASURES IN FORCE
Union industry
(63) In light of the above, it is considered that the present
anti-dumping review should be terminated and the anti-
(58) The
measures
against
the
PRC
have
had
a
positive
impact
on the economic situation of the Union industry, since
dumping measures in force be repealed.
most of the injury indicators showed a positive devel
opment: production, sales volume and sales value
increased between 2008 and the RIP. However given
(64) All
parties
were
informed
of
the
essential
facts
and
the substantial increase in prices on the Union market,
considerations on the basis of which it was intended to
the Union industry is now achieving profits far in excess
recommend that the existing measures be terminated.
of the target profit, set at the original investigation as
They were also granted a period within which they
being 5 %, to ensure its development.
could make representations subsequent to this disclosure.
No comments were received.
(59) Given
the
significant
increase
in
prices
on
the
Union
market during the RIP, with no evidence of a parallel
(65) It follows from the above that the present anti-dumping
increase in costs, it is concluded that the Union
review should be terminated and the anti-dumping
industry has not suffered material injury within the
measures imposed by Implementing Regulation (EU) No
meaning of Article 3(5).
453/2011 on imports of furfuraldehyde originating in
the PRC should be terminated and the existing duty
repealed,
7. Conclusion on the lasting nature of these changed
circumstances
HAS ADOPTED THIS REGULATION:
(60) Consideration
has
been
given
as
to
whether
the
increase
in prices on the Union market is a lasting change in
circumstances from the findings of the previous expiry
Article 1
review investigation. The data available shows prices on
The interim review of the anti-dumping duties applicable to
the Union market recovering strongly, matching the
imports of 2-furaldehyde (also known as furfuraldehyde or
levels of 2008 and then overtaking these amounts
furfural) currently falling within CN code 2932 12 00 orig
whereas in the expiry review investigation prices were
inating in the People’s Republic of China is hereby terminated.
falling. Moreover, unlike in the expiry review, no
evidence of undercutting was found. In the expiry
review, profitability was on a downward trend but data
after the end of that investigation shows profitability
Article 2
recovering strongly, matching the levels of 2008 and
then exceeding them.
Implementing Regulation (EU) No 453/2011 is hereby repealed.
Article 3
(61) It
was
analysed
whether,
however,
the
change
in
prices
since the end of the expiry review investigation period
This Regulation shall enter into force on the day following that
could be based on a particularly poor harvest season in
of its publication in the Official Journal of the European Union.

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EN
26.6.2012 Official
Journal
of
the
European
Union L
165/11
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 21 June 2012.
For the Council
The President
M. FREDERIKSEN

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Document Outline

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