Europaudvalget 2024
KOM (2024) 0413
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EUROPEAN
COMMISSION
Brussels, 24.9.2024
SWD(2024) 221 final
COMMISSION STAFF WORKING DOCUMENT
Accompanying the document
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND
THE COUNCIL
42nd Annual Report from the Commission to the European Parliament and the Council
on the EU’s Anti-Dumping, Anti-Subsidy and Safeguard activities and the Use of Trade
Defence Instruments by Third Countries targeting the EU in 2023
{COM(2024) 413 final}
EN
EN
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Table of Contents
1.
O
VERVIEW OF THE LEGISLATION
............................................................................................................. 3
1.1.
Anti-dumping and anti-subsidy
........................................................................................... 3
The international framework
........................................................................................... 3
The EU legislation
........................................................................................................... 3
1.1.1.
1.1.2.
1.2.
Safeguards
.............................................................................................................................. 4
The international framework
........................................................................................... 4
The EU legislation
........................................................................................................... 4
1.2.1.
1.2.2.
2.
G
ENERAL OVERVIEW OF ANTI
-
DUMPING AND ANTI
-
SUBSIDY INVESTIGATIONS AND MEASURES
... 5
2.1.
2.2.
2.3.
Measures in place
.................................................................................................................. 5
New investigations – recent evolution
.................................................................................. 5
Review investigations – recent evolution
............................................................................. 6
New investigations
................................................................................................................. 7
Initiations.........................................................................................................................
7
Provisional measures
...................................................................................................... 8
Definitive measures
......................................................................................................... 8
New investigations terminated without measures
......................................................... 18
3.
O
VERVIEW OF ACTIVITIES IN
2023 ........................................................................................................... 7
3.1.
3.1.1.
3.1.2.
3.1.3.
3.1.5.
3.2.
Review investigations
.......................................................................................................... 18
Expiry reviews
............................................................................................................... 18
Interim reviews
.............................................................................................................. 41
New exporter reviews
.................................................................................................... 42
Anti-absorption investigations
....................................................................................... 43
Anti-circumvention investigations
................................................................................. 44
“Other” reviews (reinvestigations, or re-openings)
..................................................... 47
3.2.1.
3.2.2.
3.2.3.
3.2.4.
3.2.5.
3.2.6.
3.3.
4.
Safeguard investigations
..................................................................................................... 50
Follow-up of measures
........................................................................................................ 52
Monitoring of undertakings
............................................................................................... 52
E
NFORCEMENT OF ANTI
-
DUMPING
/
COUNTERVAILING MEASURES
................................................... 52
4.1.
4.2.
5.
6.
7.
R
EFUNDS
..................................................................................................................................................... 53
I
NFORMATION AND
C
OMMUNICATION ACTIVITIES
/ B
ILATERAL CONTACTS
................................. 53
J
UDICIAL REVIEW
:
DECISIONS GIVEN BY THE
C
OURT OF
J
USTICE AND THE
G
ENERAL
C
OURT
.. 54
7.1.
7.2.
7.3.
7.4.
Overview of the judicial reviews in 2023
........................................................................... 54
Cases pending
...................................................................................................................... 54
New cases
.............................................................................................................................. 54
Selection of court decisions
................................................................................................. 54
8.
A
CTIVITIES BY THIRD COUNTRIES TARGETING THE
EU ..................................................................... 61
1
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9.
A
CTIVITIES IN THE FRAMEWORK OF THE
WTO .................................................................................. 66
9.1
9.2
Dispute settlement in the field of trade defence
................................................................ 66
Meetings of the WTO Anti-dumping, ASCM and Safeguards Committees.
................. 68
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1.
O
VERVIEW OF THE LEGISLATION
1.1. Anti-dumping and anti-subsidy
1.1.1.
The international framework
Unfair trading practices such as dumping and the granting of subsidies were identified as a threat to open
markets as early as 1947, when the first GATT agreement was signed. The agreement contained specific
provisions allowing GATT members to act against these practices if they caused material injury to the
domestic industry of a GATT member. Today's globalised trade environment is characterised by quicker and
cheaper communication and transportation, as well as the coexistence of different models of economic
governance. In such a world, trade defence instruments are more relevant than ever as trade distortions that
underlie the application of these instruments are widespread.
Since the beginning of the GATT in 1947, considerable efforts have been made to harmonise the rules
relating to trade defence instruments. During the last GATT round (the « Uruguay Round »), which led to the
creation of the World Trade Organisation (WTO) and the detailed Anti-Dumping and Anti-Subsidy
Agreements, much of the attention has been focused on the procedural and material conditions to be fulfilled
before measures can be adopted. The EU played an active role in the negotiation of these agreements, which
are reflected in its own legislation. In this sense, the EU applies its anti-dumping (AD) and anti-subsidy (AS)
legislation in a rigorous and consistent manner. Unfortunately, many WTO Members lack this type of
restraint, thereby affecting negatively also EU operators. The role that the EU plays as a prudent but
determined user has therefore also an exemplary function at WTO level. Against this backdrop, the EU
continues to play a leading active role in any efforts to update the WTO rulebook.
1.1.2.
The EU legislation
The EU’s anti-dumping and anti-subsidy legislation was first enacted in 1968 and has since been modified
several times. The current basic texts, which form the legal basis of anti-dumping and anti-subsidy
investigations in the EU, entered into force in March 1996 and October 1997 respectively. These are in line
with the Anti-Dumping and Anti-Subsidy Agreements adopted during the GATT/WTO negotiations. These
texts were codified in 2016 to reflect changes previously made. The basic texts are:
–
Regulation (EU) 2016/1036 of the European Parliament and of the Council on protection
against dumped imports from countries not members of the European Union – Codified
Version
1
,
–
Regulation (EU) 2016/1037 of the European Parliament and of the Council on protection
against subsidised imports from countries not members of the European Union – Codified
Version
2
.
These regulations will overall be referred to as the "basic anti-dumping (AD) Regulation" and the “basic
anti-subsidy (AS) Regulation”. Both regulations were last modified by Regulation (EU) 2017/2321 of 12
December 2017
3
, Regulation (EU) 2018/825 of 30 May 2018
4
and Regulation (EU) 2020/1173 of 4 June
2020
5
.
The EU's legislation contains a number of provisions aimed at ensuring a balanced application of the EU’s
anti-dumping and anti-subsidy rules on all interested parties. These provisions include the “EU interest test”
and the “lesser duty rule”, which go beyond the Union's WTO obligations.
The EU interest test is a public interest clause and provides that measures cannot be applied if it is
established that they are contrary to the overall economic interest of the EU. This requires an analysis of all
1
2
3
4
5
OJ L 176, 30.6.2016, p.21.
OJ L 176, 30.6.2016, p.55.
OJ L 338, 19.12.2017, p.1.
OJ L 143, 07.06.2018, p.1.
OJ L 259, 10.08.2020, p. 1.
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the economic interests involved, including those of the EU industry and its suppliers, downstream users,
consumers and traders of the product concerned.
The lesser duty rule used to require that the measures imposed by the EU be always lower than the dumping
or subsidy margin, if a lower duty rate was sufficient to remove the injury suffered by the EU industry. Such
a “no-injury” rate is usually determined by comparing import prices under investigation with the cost of
production of the EU industry and a reasonable profit margin. Since the 2018 amendments to the basic
Regulations, the lesser duty rule does not apply, in principle, in anti-subsidy investigations, which means
anti-subsidy measures will fully offset the subsidies that an exporter has received. Also, since 2018, in anti-
dumping investigations, the application of the lesser duty rule may be modulated under certain conditions
relating to evidence of significant raw material distortions in the exporting country.
This new practice reflects the increased attention of the EU to tackle unfair and injurious subsidisation and
artificial distortions by third countries. The EU is one of the few investigating authorities on a worldwide
level that applies the lesser duty rule in such a coherent and comprehensive way. The Commission presented
a review and evaluation of the modulation of the lesser duty rule to the Council and the European Parliament
in 2023
6
.
1.2. Safeguards
1.2.1.
The international framework
The principle of liberalisation of imports was set under the GATT 1947 and strengthened under the 1994
WTO Agreements. As safeguard measures consist of the unilateral withdrawal or suspension of a tariff
concession or of other trade liberalisation obligations formerly agreed, they must be considered as an
exception to this principle. Article XIX GATT 1994 and the WTO Agreement on Safeguards do not only
impose strict conditions for the application of this "escape clause", but also put in place a multilateral control
mechanism under the WTO Committee on Safeguards.
Under WTO rules, safeguard action must be viewed as a temporary defence measure that applies to all
imports of the product covered by a measure, irrespective of origin. As regards non-WTO members,
safeguard measures may be selective and apply to products originating in a specific country. WTO
Accession Protocols may also provide for such selective safeguard mechanisms, as was the case in the
Protocol of Accession of the People’s Republic of China (PRC), although the provision has now expired.
Definitive WTO safeguards should only be adopted after a comprehensive investigation that provides
evidence of the existence of a) unforeseen developments leading to b) increased imports, c) the existence of a
serious injury or a threat of injury for EU producers and d) a causal link between the imports and the injury.
Moreover, FTAs concluded by the Union with third countries often include a ‘bilateral safeguard clause’,
i.e., a provision that allows for the temporary suspension of tariff concessions made under the FTA.
1.2.2.
The EU legislation
The above-mentioned WTO principles are reflected in the relevant EU regulations, except for the
“unforeseen development requirement” (which is not found explicitly in the EU legislation nor in the WTO
Agreement on Safeguards but has been confirmed as a self-standing condition by WTO jurisprudence, as per
Article XIX of GATT 1994). Additionally, the adoption of measures in the EU requires an analysis of all
interests concerned, i.e., the impact of the measures on producers, users and consumers. In other words,
safeguard action can only be taken when it is in the EU’s interest to do so. The current EU safeguard
instruments are covered by the following regulations:
- Regulation (EU) 2015/478 of the European Parliament and of the Council of 11 March 2015 on
common rules for imports (codification);
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6
COM/2023/294 final
7
OJ L 83, 27.3.2015, p.16.
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- Regulation (EU) 2015/755 of the European Parliament and of the Council of 29 April 2015 on
common rules for imports from certain third countries (recast);
8
- Regulation (EU) 2019/287 of the European Parliament and of the Council of 13 February 2019
implementing bilateral safeguard clauses and other mechanisms allowing for the temporary
withdrawal of preferences in certain trade agreements concluded between the European Union and
third countries;
9
- Regulation (EU) 2015/936 of the European Parliament and of the Council of 9 June 2015 on
common rules for imports of textile products from certain third countries not covered by bilateral
agreements, protocols or other arrangements, or by other specific EU import rules (recast).
10
The first two regulations are referred to as the "basic safeguard Regulation(s)".
2.
G
ENERAL OVERVIEW OF ANTI
-
DUMPING AND ANTI
-
SUBSIDY INVESTIGATIONS AND MEASURES
The number of new investigations initiated in 2023 was higher than the previous year, with 12 initiations
compared to 5 in 2022.
The number of measures imposed in 2023 was less than the previous year. The Commission imposed 6 new
definitive measures and 5 provisional measures giving a total of 11, compared to 13 in 2022.
11
At the same
time, 1 investigation was terminated without the imposition of measures, which brought the total number of
new investigations concluded in 2023 to12.
As to the reviews initiated during 2023, the total was lower than in 2022, with 31 initiations compared to 41.
These included 10 expiry reviews (1 of which concerned anti-subsidy measures). The Commission
concluded 24 expiry reviews in 2023 confirming the continuation of duties in all but one case. Below are
details on new investigations and review investigations.
2.1. Measures in place
At the end of 2023, the EU had 120 definitive anti-dumping measures (which were extended
12
in 36 cases)
and 21 countervailing measures in force (extended in 4 cases).
13
The anti-dumping measures cover 91
products from 26 countries (see Annex O). The countervailing measures covered 21 products from 9
countries (see Annex P).
Regarding the anti-dumping measures in force at the end of 2023, the countries and territories concerned
were the People’s Republic of China (PRC) (72 measures), Russia (11 measures), Indonesia (8 measures)
Korea and Thailand (7 measures each), India, Malaysia, Taiwan and Türkiye (6 measures each), US (4
measures), Morocco (3 measures), Belarus, Brazil, Laos, Philippines, Sri Lanka (2 measures each) and
Cambodia, Canada, Egypt, Iran, Japan, Pakistan, Saudi Arabia, Trinidad & Tobago, Tunisia and Vietnam (1
measure each).
Regarding the anti-subsidy measures in place, the countries concerned were PRC (10 measures), India (4
measures), Türkiye (3 measures) Egypt and Indonesia (2 measures each) and Argentina, Canada, Morocco
and US (1 each).
2.2. New investigations – recent evolution
In the 5-year period from 2019 to 2023, the Commission initiated 62 new investigations on imports from 13
countries.
8
9
10
11
12
13
OJ L 123, 19.5.2015, p.33.
OJ L 53, 22.2.2019, p.1.
OJ L 160, 25.6.2015, p.1.
Not including safeguard measures.
Measures were extended to other third countries or products if circumvention was found.
The measures are counted per product and country concerned.
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The main sector concerned by the new initiations was iron and steel with 11 investigations. A breakdown of
the sectors concerned is in Annex B (A).
The countries concerned by the highest number of initiations in the period from 2019 to 2023 include the
PRC – 31; Indonesia - 6; Türkiye and Egypt – 5 each, India – 4; Korea, Russia, US - 2 each, Bahrain, Brazil,
Morocco, Saudi Arabia and Taiwan - 1 each. A table showing all the investigations initiated over the last 5
years broken down by country of export is available at Annex B (B).
Table 1 below provides statistical information on the developments regarding new investigations for the
years 2019 – 2023.
TABLE 1
Evolution of new anti-dumping, anti-subsidy investigations
during the period 1 January 2019 - 31 December 2023
2019
2020
2021
2022
New investigations initiated during the period
16
15
14
5
New investigations in progress during the period
28
31
29
21
New investigations concluded :
-
by imposition of definitive duty or
11
12
11
7
acceptance of undertakings
5
1
1
5
14
-
terminations
Total new investigations concluded during the
12
16
13
12
period
New provisional measures imposed
5
6
10
3
2.3. Review investigations – recent evolution
Anti-dumping measures, including price undertakings, may be subject, under the basic AD Regulation, to
five different types of reviews: expiry reviews (Article 11(2)), interim reviews (Article 11(3)), newcomer
investigations (Article 11(4)), absorption investigations (Article 12) and anti-circumvention investigations
(Article 13). The Commission also carries out “other” reviews consisting in re-opening of investigations to
implement court rulings.
Anti-subsidy measures may also be subject, under the basic AS Regulation, to five different types of
reviews: expiry reviews (Article 18), interim reviews (Article 19), absorption investigations (Article 19(3)),
accelerated reviews (Article 20) and anti-circumvention investigations (Article 23). In addition, here also, the
Commission can re-open investigations to implement court rulings.
Reviews continue to represent a major part of the work of the Commission's TDI services. In the period from
2019 to 2023, the Commission initiated 151 review investigations. These reviews represented 71% of all
anti-dumping and anti-subsidy investigations initiated in that period.
In 2023, the Commission initiated 31 reviews. These comprised 10 expiry reviews (compared to 27 in 2022),
4 interim reviews, 3 ‘new exporter’ reviews, 10 anti-circumvention investigations (counted per product and
country of alleged circumvention practice) 4 safeguard reviews. At the same time, the Commission
concluded 42 reviews – 24 of which were expiry reviews (3 concerned anti-subsidy measures).
An overview of the review investigations in 2023 can be found in Annexes F to K. Table 2 below provides
statistical information for the years 2019 – 2023.
2023
12
21
6
1
7
5
14
Investigations might be terminated for reasons such as the withdrawal of the complaint,
de minimis
dumping or
injury, lack of causal link etc.
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TABLE 2
Reviews of anti-dumping and anti-subsidy investigations
during the period 1 January 2019 - 31 December 2023
15
2019
23
49
22
2020
28
55
25
2021
28
58
21
2022
41
78
39
2023
31
70
42
Reviews initiated during the period
Reviews in progress during the period
Total reviews concluded during the period
16
3.
O
VERVIEW OF ACTIVITIES IN
2023
3.1. New investigations
3.1.1.
Initiations
In 2023, the Commission initiated 10 new anti-dumping and 2 new anti-subsidy investigations. 4 of the
investigations concerned the chemicals sector, 3 initiations concerned the plastics and rubber sector while 3
concerned other sectors. The investigations concerned 4 different countries, with 9 of the investigations
concerning imports from the PRC. Details of the investigations are given in Annexes A and B.
The list of cases initiated in 2023 can be found below, together with the names of the complainants. More
information can be obtained from the Official Journals - publications reference in Annex A.
Product
(Type of investigation: AD or AS)
Electrolytic manganese dioxides
(certain) AD
Polyethylene terephthalate (PET) AD
Origin
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
Complainant
AUTLAN EMD SL
PET Europe
ICL Europe U.A., Lanxess
Deutschland GmbH, PCC
Rokita S.A
Coalition to restore a level
playing field in the EU Mobile
Access Equipment Sector’
(‘CMAE’)
European Titanium Dioxide Ad
Hoc Coalition (‘ETDC’)
Alkyl Phosphate Esters (certain) AD
Mobile access equipment AD
Titanium dioxide AD
People's
Republic of
China
Egypt
United States of
America
Polyvinyl Chloride AD
Polyvinyl Chloride Trade
Committee
15
16
A case concerning several countries, but the same product is accounted as separate investigation/proceeding
per country involved. The table includes reopenings of investigations (‘other’ reviews).
Investigations which were conducted and concluded under the specific provisions of the regulation imposing
the original measures are not counted as there was no publication of the initiation.
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Optical fibre cables (OFC) AD
Erythritol AD
India
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
Europacable
Jungbunzlauer S.A.
Biodiesel AD
European Biodiesel Board
New battery electric vehicles for
passengers AS
Alkyl Phosphate Esters (certain) AS
Ex-officio
ICL Europe U.A., Lanxess
Deutschland GmbH and PCC
Rokita S.A
3.1.2.
Provisional measures
In 2023, provisional duties were imposed in 5 new anti-dumping investigations. There were no provisional
anti-subsidy measures imposed.
17
The list of cases where provisional measures were imposed during 2023 can be found below, together with
the measures imposed. More information can be obtained from the Official Journal publications to which
reference is given in Annex C.
Product
Stainless steel refillable kegs
Bulb flat
Origin
People's Republic
of China
People's Republic
of China
Türkiye
People's Republic
of China
People's Republic
of China
Type
18
and level of measure
AD: 52,9% - 58,8%; All others: 91%
AD: 14,7%
AD: 13,6%
AD: 0% - 15,8% All others: 34,6%
AD: 6,6% - 17,2% All others: 24,2%
Electrolytic manganese
dioxides (certain)
Polyethylene terephthalate
(PET)
3.1.3.
Definitive measures
During 2023, definitive duties were imposed in 6 anti-dumping investigations. The list of cases where
definitive measures were imposed can be found below, together with the range of the duties imposed. More
information can be obtained from the Official Journals referred to in Annex D.
Product
Aluminium road wheels
Fatty Acid
Origin
Morocco
Indonesia
Type
19
and level of measure
AD: 9% - 17,5%
AD: 15,2% - 46,4%
17
18
19
Anti-subsidy investigations often run in parallel to anti-dumping investigations, where the provisional anti-
dumping duty already provides some relief to the Union industry.
AD: anti-dumping duty; CVD: countervailing duty; UT: undertaking.
AD: anti-dumping duty; AS: countervailing duty (anti-subsidies); UT: undertaking.
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Ceramic tiles
India
Türkiye
People's Republic
of China
People's Republic
of China
AD: 6,7% - 8,7%
AD: 4,8% - 20,9%
AD: 6.9%
AD: 62,6% - 69,6%
Polyester yarn (High tenacity)
Stainless steel refillable kegs
3.1.4 Details of individual cases with application of new measures
Certain aluminium road wheels originating in Morocco – anti-dumping investigation.
In November 2021, the Commission initiated an anti-dumping investigation regarding imports of certain
aluminium road wheels (‘ARW’) originating in Morocco, following a complaint lodged by the Association
of European Wheel Manufacturers on behalf of the industry of certain aluminium road wheels.
The product concerned was defined as aluminium road wheels of the motor vehicles of headings 8701 to
8705, whether or not with their accessories and whether or not fitted with tyres.
The investigation of dumping and injury covered the period from 1 October 2020 to 30 September 2021,
while the examination of trends relevant for the assessment of injury covered the period from 1 January 2018
to the end of the investigation period.
Sampling
Since sampling replies were received from the only two known exporting producers in Morocco sampling
was not necessary.
Three Union producers representing almost 20% of the total production volume of the known Union
producers of the like product, were sampled at initiation. The sample ensured a good geographical spread.
None of the known unrelated importers came forward but two users submitted questionnaire replies.
Dumping
One of the exporting producers was considered non-cooperating, in application of Article 18(1) of the basic
Regulation. The Commission decided to disregard the information submitted by the company regarding the
domestic and EU sales.
Consequently, the normal value was only determined for the remaining Moroccan exporting producer. The
sale of this exporting producer to customers in Morocco concerned ARW produced in an economic zone, and
subsequently sold and shipped to another economic zone. Therefore, the Commission considered that the
ARW never entered the customs territory of Morocco and could therefore not be considered a domestic sale.
In any event, even if the sales to the economic duty-free zone in Morocco were considered domestic sales,
they were not representative nor done in the ordinary course of trade as required by Article 2(1) of the basic
Regulation.
As a result, the normal value was calculated on the basis of the cost of production in the country of origin
plus a reasonable amount for selling, general and administrative costs (‘SG&A’) and for profit pursuant to
Article 2(3) of the basic Regulation.
As regard profit, the Commission noted that both the Union and Moroccan ARW producers sell to the same
clients in a homogeneous market, where they compete in the same tenders, and have factories with a similar
set-up and in particular similar costs. They should therefore be expected to achieve comparable profits. For
this reason, the Commission used the basic profit established for the Union industry under normal conditions
of competition.
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The cooperating exporting producer exported to the Union either directly to independent customers or
through a related company acting as an importer. For the sales made directly to independent customers in the
Union, the export price was the price actually paid or payable for the product concerned when sold for export
to the Union. For the sales exported to the Union through a related company acting as an importer, the export
price was established on the basis of the price at which the imported product was first resold to independent
customers in the Union. In this case, adjustments to the price were made for all costs incurred between
importation and resale, including SG&A expenses, and for profits accruing. The profits were based on the
profit established in the last expiry review investigation concerning ARW from China.
The Commission adjusted the normal value and the export price for differences affecting prices and price
comparability. Adjustments were made for transport, insurance, handling and loading, packing expenses,
credit costs, rebates and other allowances.
Based on the methodology described above, the Commission found a dumping margin of 9,01% for the
cooperating exporting producer. The dumping margin for the non-cooperating exporting producer was based
on the highest dumping margin found for product types sold in representative quantities by the cooperating
exporting producer: 17,54%.
Injury and causation
Almost all indicators showed a negative trend. Economic indicators such as profitability, cash flow and
return on investment deteriorated significantly during the period considered. This negatively affected the
ability of the Union industry to self-finance operations, to make necessary investments and to raise capital,
thus impeding its growth and even threatening its survival. The price pressure from the dumped imports at
lower prices led to losses as from 2020, which further increased in the investigation period.
The capacity utilisation decreased between 2018 and the investigation period, which resulted in higher fixed
cost per tonne of ARW. Following the same trend, the Union industry’s sales quantity and market share in
the period considered declined.
The Commission examined whether there was a causal link between the injury suffered by the Union
industry and the dumped imports from Morocco. The analysis of the injury indicators showed that the
economic situation of the Union industry worsened since the two producers in Morocco started exporting to
the Union. The prices of these imports undercut those of the Union industry significantly and have exerted a
significant downward pressure on prices in the Union market. Moroccan imports gained almost a 4% market
share in a very short period, i.e., less than two years. Moreover, the impact of the Moroccan imports on the
Union market went beyond the actual quantities imported as a result of the market power of the car
manufacturers. The commercial relationships between car manufacturers and ARW suppliers were based on
multi-year contracts for the supply of a new car project. As a result, the Union industry could not pass on the
increase in the costs of production. There was a clear coincidence in time between the steep increase in
imports from Morocco and the significant decrease in profitability of the Union industry. In addition, the
effect of the imports from Morocco went beyond the increase in their market share because the multiannual
contracts currently won by the Moroccan companies will only impact the sales volumes and prices of the
Union industry after the investigation period. The Commission thus concluded that the steep increase of
dumped imports from Morocco in a short period of time caused material injury suffered by the Union
industry.
The Commission concluded that there is a causal link between the injury suffered by the Union industry and
the Moroccan imports and that this causal link is not attenuated by imports from third countries, the export
performance of the industry, costs evolution, the COVID-19 pandemic or the semiconductor shortage.
Union interest and measures
The Commission analysed whether it was in the Union interest to adopt anti-dumping measures. It concluded
that the effects of the measures on the Union producers would be positive. Despite the claims of a potential
negative impact on car manufacturers, measures would still not be disproportionate as the negative impact
would not outweigh the positive effects for the Union producers. As regards claims that measures would
create increased input costs for car manufacturers, the investigation showed that the percentage of the cost of
ARWs in the production of a car is minor, approximately 0,5%. The available capacity in the Union and the
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imports from other countries would mitigate any negative effect for car manufacturers by offering alternative
sources of supply. The restoration of fair competition and of a level playing field, in the absence of dumped
imports, would benefit the healthy development of the overall market. On these grounds, the Commission
considered that there were no compelling reasons against the imposition of provisional measures on imports
of certain aluminium road wheels from Morocco.
On 12 January 2023, the Commission imposed anti-dumping measures on imports of ARW originating in
Morocco for a period of five years.
Fatty acid originating in Indonesia – Anti-dumping measures.
In November 2021, the Commission initiated an anti-dumping investigation on imports of fatty acid
originating in Indonesia following a complaint lodged by the Coalition against Unfair Trade in Fatty Acid
(‘CUTFA’), on behalf of producers representing more than 25% of the total Union production.
In parallel, on 13 May 2022, the Commission initiated an anti-subsidy investigation on imports of fatty acid
originating in Indonesia. On 3 October 2022 the anti-subsidy complaint was withdrawn. The investigation
had not brought to light any considerations demonstrating that termination would not be in the Union
interest. Hence, the Commission terminated this investigation on 21 March 2023.
On 24 August 2022 CUTFA also withdrew the anti-dumping complaint. However, the Commission came to
conclusion that the conditions for the imposition of definitive measures remained fulfilled. Regarding the
Union interest, there were no compelling reasons against the imposition of measures. Therefore, the
Commission continued the investigation despite the withdrawal of the complaint.
The product subject to the anti-dumping investigation is fatty acids saturated or unsaturated with a carbon
chain length of C6, C8, C10, C12, C14, C16 or C18 with an iodine value below 105 g/100 g originating in
Indonesia. The product has a wide range of applications, and can be found in numerous common products,
for example several food products, animal feed, soaps, detergents, pharmaceuticals, cosmetics and other
personal and homecare products.
The investigation of dumping and injury covered the period from 1 October 2020 to 30 September 2021
while the examination of trends relevant for the assessment of injury covered the period from 1 January 2018
to 30 September 2021 (period considered).
Sampling
The Commission selected a sample of three exporting producers, based on the largest representative volume
of exports to the Union. The Commission selected a sample of four Union producers accounting for 61% of
production and 63% of sales. No unrelated importer cooperated with the investigation.
Dumping
As regards normal value, the analysis of domestic sales showed that at least 80% of the domestic sales of
each product type was profitable and that their weighted average sales price was higher than the cost of
production. Accordingly, the normal value was calculated as a weighted average of the prices of all domestic
sales for those product types during the investigating period. For certain product types for which there were
no or insufficient sales of a product type in the ordinary course of trade or where a product type was not sold
in representative quantities on the domestic market, the Commission constructed the normal value, unless it
was considered more appropriate to use the price of a sufficiently comparable product type sold on the
domestic market which could be adjusted for differences in physical characteristics for the purposes of
ensuring a fair comparison with the relevant export price.
For certain product types, normal value was constructed: an appropriate amount for SG&A expenses and
profit was added to the average cost of production of the like product of the cooperating sampled exporting
producers.
The sampled exporting producers exported to the Union through related companies acting as an importer in
the Union. Therefore, the export price was established on the basis of the price at which the imported product
was first resold to independent customers in the Union. In this case, adjustments to the price were made for
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all costs incurred between importation and resale (including SG&A and profit). As to the profit margin, due
to the non-cooperation of any unrelated importer, the Commission used the profit margin used in a previous
proceeding concerning another chemical product - 6,89%.
The Commission compared the normal value and the export price on an ex-works basis. Where justified by
the need to ensure a fair comparison, the Commission adjusted the normal value and the export price for
differences affecting prices and price comparability. Adjustments were made for differences in physical
characteristics, handling, loading and ancillary expenses, freight in the country concerned, domestic
insurance, domestic ocean freight, freight in the Union, credit costs, bank charges, ocean freight, ocean
insurance, packing expenses, warranty and guarantee expenses, and commissions. An adjustment was made
for sales through related trading companies (in Singapore and the United Kingdom). The adjustment
consisted of the SG&A of the trading companies and the profit of 6,89% mentioned in the recital above.
The comparison of the normal value and the export price resulted in dumping margin of 15,2% and 46,4%
for the co-operating sampled exporting producers, 26,6% for the other cooperating companies and 46,4% for
all the other companies.
Injury and causation
The volume of dumped imports from Indonesia increased by 13% over the period considered. The market
share of those imports increased from 17,1% to 20,3% over the same period. Import prices from Indonesia
increased from 912 to 1 023 EUR/tonne over the period considered, a rise of 12%. These developments
should be seen in the light of the worldwide raw material price increase in that period, which is the main
reason for the increase in costs. The Commission determined the existence of significant undercutting
(weighted average
20
undercutting margin of over 20%) during the investigation period. The Commission also
concluded to the existence of significant price depression. Significant quantities of Indonesian low-priced
dumped imports were present in the Union market.
Some of the main indicators, such as sales prices, profitability, return on investment and investment, showed
a positive trend. However, the sales prices increase was related to the development in raw material prices.
Also, despite the modest improvement in profitability and return on investment, the performance remained at
a level that was inadequate to ensure the viability of the Union industry. Throughout the period considered,
the dumped imports remained at increased levels and low prices, the Union industry was unable to raise
prices to cover its costs and reach the target profit margin (6%). The Commission concluded to the existence
of price suppression. The deterioration in the economic situation of the Union industry took place in a market
with a relatively stable consumption. The Union industry market share declined by 5% over the period
considered to 68,3%. The Commission concluded that the Union industry suffered material injury.
The Commission also examined whether other known factors (imports from other sources than Indonesia, the
export performance of the Union industry, developments in captive use, developments in consumption, raw
material issues and alleged inefficiencies of the Union industry) could at the same time have injured the
Union industry. The Commission distinguished and separated the effects of all known factors affecting the
situation of the Union industry from the injurious effects of the Indonesian dumped imports. None of the
factors, collectively or separately, were found to have a bearing on the situation of the Union industry
sufficient to call into question the conclusion that the Indonesian imports were causing material injury.
Level of measures
This is one of the cases where the Commission received a claim related to the existence of raw material
distortions. As the Commission established the existence of these distortions, it examined whether a duty
lower than the margin of dumping would be sufficient to remove the injury. The Commission first
established the amount of duty necessary to eliminate the injury suffered by the Union industry in the
absence of raw material distortions. Then it examined whether the dumping margin of sampled exporting
producers would be higher than their injury margin. Certain sampled Union producers claimed that their
level of investments, R&D and innovation during the period considered would have been higher under
normal conditions of competition. However, the producers were not able to quantify these claims. Therefore,
20
The undercutting is expressed in weighted average for reasons of confidentiality. The actual figures calculated
are based on two companies only.
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it was concluded that the target profit should be set at 6%. The Commission assessed the future costs
resulting from Multilateral Environmental Agreements and protocols thereunder, to which the Union is a
party, and from the ILO Conventions listed in Annex Ia to the basic Regulation, that the Union industry will
incur during the period of the application of the measure. The Commission established an additional cost of
0,1% which was added to the non-injurious price.
The Commission then determined the underselling margin level which is 30,5% and 38,7% for the sampled
companies and 35,9% for the other cooperating companies.
The Commission concluded that a duty lower than the margin of dumping was insufficient to remove the
injury for one of the exporters (Musim Mas, the only operator whose dumping margin was higher than the
injury margin). For that company, the investigation found significant distortions in the form of an export tax
related to crude palm oil and crude palm kernel oil. These raw materials accounted for over 40% and 50%
respectively of the cost of production while the prices were found to be significantly lower than the prices
prevailing on the international market.
Given the existence of these raw material distortions, the Commission examined the Union interest test
related to the modulation of the lesser duty rule. The Commission examined whether it was in the Union
interest to set the definitive duties on the basis of the dumping margin for Musim Mas. The determination of
this Union interest was based on an appreciation of the spare capacities in the exporting country, competition
for raw materials and the effect on supply chains for Union companies. The Commission concluded that
Indonesian producers had significant spare capacity; the Union industry was at a disadvantageous position
vis-à-vis Indonesian exporting producers when it comes to access to raw materials for fatty acid; and users
would have sufficient access to fatty acid even in case the imports from Indonesia decrease. As a result, the
Commission concluded that it was in the interest of the Union to set the level of the definitive duties at the
higher level of dumping for Musin Mas. Regarding the other sampled company (Wilmar), given its dumping
margin was lower than the injury margin, the existence or not of raw material distortions was irrelevant.
Union interest and measures
The Commission examined whether it could conclude that it was not in the Union interest to adopt measures,
despite the determination of injurious dumping. The imposition of measures was considered in the interest of
the Union industry. No cooperation was received from unrelated importers/traders. The Commission
concluded that the impact of measures would not be disproportionate for these operators. The Commission
also concluded that imposing measures could not lead to shortage of supply of fatty acid on the Union
market and users would not be disproportionally affected by the imposition of the measures.
The raw material suppliers did not cooperate in this investigation. The imposition of measures would also
benefit them as the Union industry consumes significant quantities of raw materials produced in the Union.
The Commission concluded that there were no compelling reasons demonstrating that it was not in the Union
interest to impose measures on imports of fatty acid from Indonesia.
The Commission imposed definitive anti-dumping measures in January 2023 based on dumping margins
ranging from 15,2% to 46,4%.
Ceramic tiles from India and Türkiye
In December 2021, the Commission initiated an anti-dumping investigation on imports of ceramic tiles
originating in India and Türkiye, following a complaint lodged by the European Ceramic Tile
Manufacturers’ Association (CET) and supported by more than 30% of the Union industry.
The product concerned was defined as ceramic flags and paving, hearth or wall tiles; ceramic mosaic cubes
and the like, whether or not on a backing; finishing ceramics.
The investigation of dumping and injury covered the period from 1 July 2020 to 30 June 2021, while the
examination of trends relevant for the assessment of injury covered the period from 1 January 2018 to the
end of the investigation period (IP).
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On 15 July 2022, the Commission informed interested parties of its intention not to impose provisional
measures. Since no provisional anti-dumping measures were imposed, no registration of imports was
implemented.
Sampling
Given the large number of Union, as well as Indian and Turkish exporting producers involved in this
investigation, the Commission applied sampling to all groups of producers.
When selecting the Union industry sample, consideration was given to the fact that the ceramic tiles industry
is fragmented, with small and medium-sized producers collectively accounting for a significant share of the
Union production. Therefore, to ensure that the results of large companies did not dominate the injury
analysis and that the situation of small and medium-sized producers was adequately reflected, the
Commission established three producer categories based on the annual production quantity: Category 1:
large producers (annual production over 10 million m2); Category 2: medium-sized producers (annual
production between 5 and 10 million m2); and Category 3: small producers (annual production below 5
million m2). The definitive sample contained one large producer, two medium-sized producers and three
small producers, accounting for 6% of total estimated Union production and 8% of total Union industry’s
sales in the investigation period and covered four Member States where approximately 90% of the Union
production was located.
On the exporters side, more than 140 Indian exporting producers and 18 groups of Turkish exporting
producers came forward in the sampling exercise. In both cases, the Commission sampled the top three
groups of producers based on the largest representative volume of exports to the Union. The sampled
exporting producers were the Conor Group, the Icon Group and the Lavish Group for India, and the Hitit
Group, the Bien Qua Group and the exporting producer Vitra Karo Sanayi ve Ticaret A.Ş for Türkiye.
In the case of unrelated importers, given that only a low number of importers provided a reply to the
sampling form, the Commission decided that sampling was not necessary.
Dumping
India
The normal value was calculated as a weighted average of the prices of all domestic sales during the
investigation period or a weighted average of the profitable sales only, depending on whether at least 80% of
the sales per type were profitable. Where there were no sales of a product type in the ordinary course of
trade, or where a product type was not sold in representative quantities on the domestic market, the
Commission constructed the normal value based on each company’s cost of production, SG&A and profit.
The sampled groups of exporting producers exported to the Union either directly to independent customers
or through related companies in India. Thus, the export price was the price actually paid or payable for the
product concerned when sold for export to the Union.
To ensure fair comparison between the normal value and the export price, the Commission made several
adjustments. Adjustments for freight, insurance, handling, credit costs and bank charges were deducted from
domestic and/or export sales prices. Where sales were made through related producers/traders, the prices of
these transactions were adjusted to account for the mark-up achieved by the related producers/traders.
Concerning these trading transactions, the Commission calculated one single weighted average mark-up
resulting from the difference between prices related to purchases from unrelated suppliers in India and
subsequent resale prices to independent customers in the Union.
Based on the methodology described above, the Commission found the following dumping margins: 8,7%
for the Conor Group and 6,7% for the Icon Group. The Lavish Group was found not to be dumping and
excluded from measures.
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Türkiye
For the normal value, the Commission applied the same methodology described for India. The export price
was set at the price actually paid or payable for the product concerned when sold for export to the Union,
when exports sales were made directly, or adjusted for all costs incurred between importation and resale,
including SG&A expenses, and for profits accruing, based on the profit established in this investigation for
unrelated importers (export sales made via a related EU importer).
To ensure fair comparison, the Commission adjusted the normal value and the export price for differences
affecting prices and price comparability. Adjustments were made for transport, insurance, handling, loading
and ancillary costs, customs clearance and assimilated costs, commissions, discounts and rebates.
Based on the methodology described above, the Commission found the following dumping margins: 20,9%
for the Hitit Group and 4,8% for the Bien Qua Group. The exporting producer, Vitra Karo Sanayi ve Ticaret
A.Ş. was found not to be dumping and excluded from measures. The weighted average margin calculated for
non-sampled cooperating exporting producers was set at 9,2% and the residual margin applicable to non-
cooperating companies at 20,9%.
Injury and causation
The injury analysis showed that the Union industry could not benefit from an expanding market. This
became apparent from the trends observed for the macro-indicators, which were negative or rather stable in a
scenario of increasing demand. Production, production capacity, capacity utilisation and employment
remained at the same level throughout the period considered. Union sales increased at a slower pace than
consumption (3% growth of Union sales in a market that grew 6%). Consequently, the market share of the
Union industry decreased from 90,1% in 2018 to 87,1% in the IP. Despite the increase of 19% in its sales
price, the Union industry could not raise prices in the Union to levels high enough to recover its costs during
most of the period considered. As a result, throughout the period considered it was either lossmaking (-5,4%
in 2018, -8,9% in 2019, -5,9% in 2020) or just breaking even (0,6% in the investigation period, influenced by
the post-COVID-19 economic recovery, and in particular the demand in the construction sector. The level of
profitability achieved in the investigation period could not be considered sustainable. The Union industry
could not increase their sales prices in the Union to a level that would ensure profitability levels necessary to
cover its costs of production for most of the period considered and to take advantage of the growth in the
Union market. Investments decreased by 62% and capacity remained constant, showing that the Union
industry could not grow despite the positive trends on the demand side.
The Commission established a causal link between the injury suffered by the Union industry and the dumped
imports from India and Türkiye. The increase of dumped imports from the countries concerned coincided
with a decrease of the Union industry’s market share in the Union market. Most of the growing demand in
the Union was taken up by the imports. The increase of imports from the countries concerned was based on
low, dumped prices that were below the cost of production of the Union industry, significantly undercut the
Union industry sales prices in the Union market and prevented the Union industry from setting prices at
sustainable levels necessary to achieve reasonable profit margins. The Commission distinguished and
separated the effects of all known factors on the situation of the Union industry from the injurious effects of
the dumped imports. The effect of non-dumped imports, of the export performance of the Union industry, of
the evolution of the Union consumption, of the evolution of the Union industry’s cost of production and of
the COVID-19 pandemic on the Union industry’s negative performance concerning its market share and
profitability was only limited. The Commission concluded that the dumped imports from the countries
concerned caused material injury to the Union industry and that the other factors, considered individually or
collectively, did not attenuate the causal link between the dumped imports and the material injury.
Union interest and measures
The Commission analysed whether it was in the Union interest to adopt anti-dumping measures. The
Commission analysed the various interests involved, including those of the Union industry, users and
consumers. It also analysed potential supply difficulties in the EU market, consumers’ choice, the price
pressure on consumers on top of the current high level of inflation in the Union, and the indirect impact of
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measures on other industries. Based on the facts and analysis before it, the Commission concluded that there
were no compelling reasons that it was not in the Union interest to impose measures on imports of ceramic
tiles originating in India and Türkiye.
On 10 February 2023, the Commission imposed anti-dumping measures on imports of ceramic tiles from
India and Türkiye for a period of five years.
Stainless-steel refillable kegs from China
In May 2022, the European Commission initiated an anti-dumping investigation on imports of stainless-steel
refillable kegs originating in the People’s Republic of China, following a complaint lodged by the European
Kegs Committee on behalf of the Union industry of stainless-steel refillable kegs.
The investigation of dumping and injury covered the period from 1 January 2021 to 31 December 2021. The
examination of trends relevant for the assessment of injury covered the period from 1 January 2018 to the
end of the investigation period.
The product under investigation was kegs, vessels, drums, tanks, casks and similar containers, refillable, of
stainless steel, commonly known as ‘stainless steel refillable kegs’, with bodies approximately cylindrical in
shape, with a wall thickness of 0,5 mm or more, of a kind used for material other than liquefied gas, crude
oil, and petroleum products, of a capacity of 4,5 litres or more, regardless of the type of finish, gauge, or
stainless steel grade, whether or not with additional components (extractors, necks, chimes or any other
component), whether or not painted or coated with other materials. Stainless steel refillable kegs are used to
preserve and transport liquids, notably beer.
Provisional anti-dumping measures were imposed in January 2023.
Sampling
The Commission selected two exporting producers, representing the largest volume of exports, which could
reasonably be investigated within the time available. As regards Union producers, the Commission selected a
sample of three which accounted for 73% of the estimated total Union production and 74% of sales in the
Union. Only one unrelated importer provided the requested information and agreed to be included in the
sample. The Commission thus decided that sampling of unrelated importers was not necessary.
Dumping
The investigation was initiated in accordance with Article 2(6a) of the basic Regulation as there was
evidence of the existence of significant distortions in China for steel, which is the main raw material used to
produce kegs.
The distortions found in the steel sector included substantial government intervention in the PRC resulting in
a distortion of the effective allocation of resources in line with market principles including a substantial
degree of ownership and presence by the Government of China (‘GOC’) in firms, the State’s presence and
intervention in the financial markets, as well as in the provision of raw materials, inputs as well as distortions
in wage costs. In addition, the system of plans applicable in the steel sector generated distortions in the
sector. As a result of the existence of these distortions, the normal value was constructed based on
undistorted prices and costs in a representative country, which in this case was Brazil.
The Commission constructed the normal value per product type on an ex-works basis, by first establishing
the undistorted cost and prices for each of the factors of production in the representative country. These
undistorted unit costs were then applied to the actual consumption of the individual factors of production of
the cooperating exporting producers. To the costs of manufacturing, the Commission added manufacturing
overheads, expressed as a percentage of the costs actually incurred for each exporting producer to establish
an undistorted cost of manufacturing. Finally, publicly available SG&A and profit from one Brazilian
producer were applied to the undistorted manufacturing cost.
One sampled exporting producer exported to the Union directly to independent customers. The other one
exported directly to independent customers or through an unrelated trading company in Hong Kong. For the
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export sales of the product concerned made directly to independent customers in the Union, the export price
was the price actually paid or payable for the product concerned when sold for export to the Union, in
accordance with Article 2(8) of the basic Regulation. For the export sales that were made through an
unrelated trading company in Hong Kong, the export price was established on the basis of the price at which
the exported product was first sold to that trading company.
The Commission then compared the normal value and the export price of the sampled exporting producers
on an ex-works basis per product type. Adjustments were made for transport, insurance, handling, loading
costs, customs duty, credit costs and bank charges.
For the sampled cooperating exporting producers, the Commission compared the weighted average normal
value of each type of the like product with the weighted average export price of the corresponding type of the
product concerned. The dumping margins expressed as a percentage of the CIF Union frontier price, duty
unpaid, ranged from 67,3% to 85,5%.
Injury and causation
The main injury indicators showed a negative trend. The EU industry was subject to strong pricing pressure
from the Chinese dumped imports, which forced it to sell at very low prices below cost of production.
The main macro-indicators showed a negative trend during the period considered: Union sales volume
dropped by 71%, production by 62%, employment by 50%. Micro-indicators showed a similar trend of
deterioration with profitability of sales in the Union from +12% to -9%, sales prices -9%, as well as cash
flow -109%. Against a background of decreased consumption due to COVID-19, while cost of production of
the Union industry increased by 16%, import prices from China were consistently and significantly below
Union industry prices and costs since 2018.
In addition, the low-priced Chinese dumped imports also caused significant price suppression for the Union
industry in view of the underselling margins which ranged from 52,9% to 58,8%. The Union industry was
unable to increase its prices in line with the increase of cost of production and was thus forced in a dire
profitable situation to preserve, at least partially, its sales quantity.
The Commission therefore concluded that the deterioration of the economic situation of the Union industry
coincided with a significant presence of Chinese imports at very low prices. In a context of shrinking market
and increasing cost of production, the Chinese prices consistently undercut the Union industry prices and
suppressed EU market price levels, establishing a genuine and substantial causal link between the two.
Union interest and definitive measures
The Commission examined if it was in the Union interest to impose anti-dumping measures by examining
the various interests involved, including those of the Union industry, importers, and users. The Commission
found that measures would improve market conditions for the Union producers allowing them to recover lost
sales volume and market share while being able to increase prices to reach a sustainable profitability. Only
one unrelated importer, representing 1,6% in volume of Chinese imports, submitted comments against the
imposition of measures, arguing it would have a negative impact on its profitability, resulting in liquidation
of the company. However, the Commission concluded that it was likely that the importer could pass part of
the anti-dumping duty to the final users and its high profitability of 16% would mitigate the impact of the
duty on the importer’s viability. The very limited cooperation of only one importer suggested measures
would not have a negative impact on importers overall and would not outweigh the positive effects of
measures on Union producers.
Three users (AB InBev, Asahi, and Molson Coors) provided some limited data. They opposed the imposition
of duties arguing that they would result in an increase of cost of kegs and negatively affect the HORECA
sector, which had been already significantly affected by the COVID-19 pandemic, and that the Union
industry did not have sufficient capacity to supply the full Union demand of kegs. However, the Commission
found that the HORECA sector does not buy kegs from the beer producers but pays a deposit for the kegs
which is refunded when empty and returned. Hence, the impact of the cost of kegs on the profitability of the
HORECA sector was expected to be limited. As regards capacity of Union producers, the investigation
showed that in 2018, the Union consumption was around 3,2 million kegs while the Union industry had a
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total production capacity of almost 6,8 million kegs and, even considering export sales, the Union industry
had still almost 2 million kegs of spare capacity. Therefore, the Commission concluded that there were no
compelling reasons to suggest that it was not in the Union interest to impose measures on imports of
stainless-steel refillable kegs originating in China.
In July 2023, the Commission imposed definitive anti-dumping duties on imports of stainless-steel refillable
kegs originating in China for a period of five years. The duties imposed range from 62,6% to 69,6%.
3.1.5.
New investigations terminated without measures
In accordance with the provisions of the respective basic Regulations, investigations may be terminated
without the imposition of measures if a complaint is withdrawn or if measures are unnecessary (i.e., no
dumping/no subsidies, no injury resulting from dumped or subsidised imports, measures not in the interest of
the Union). In 2023, 1 new anti-subsidy investigation was terminated without measures – see table below.
More information can be obtained from the Official Journal publications to which reference is given in
Annex E.
Product
Fatty Acid
Origin
Indonesia
Main reason for termination
Withdrawal of the AS complaint
3.2. Review investigations
3.2.1.
Expiry reviews
Articles 11(2) and 18 of the basic Regulations provide for the expiry of measures after 5 years, unless an
expiry review demonstrates that if measures were to lapse, it would likely lead to a continuation or
recurrence of dumping or subsidisation and related injury. In 2023, 2 anti-dumping measures expired
automatically. The reference for the measures is available in Annex N.
Since the expiry provision of the basic Regulations came into force in 1985, a total of 520 measures have
expired automatically.
3.2.1.1. Initiations
In 2023, the Commission initiated 9 AD expiry reviews and 1 AS expiry review. The list of expiry reviews
initiated in 2023 are in the table below.
In 2023, none of the expiry reviews were carried out in parallel with interim reviews. More information can
be obtained from the Official Journal to which reference is available in Annex F.
Product
(Type of investigation: AD or
AS)
Cast iron articles (certain) AD
Corrosion resistant steel (CRS)
AD
Seamless pipes and tubes of iron
or steel (certain) AD
Steel ropes and cables AD
Oxalic acid AD
Seamless pipes and tubes of iron
Origin
Complainant
People's Republic of China
People's Republic of China
People's Republic of China
People's Republic of China
India
People's Republic of China
Russian Federation
18
Eurofonte
European Steel Association
(EUROFER)
European Steel Tube Association
(ESTA)
European Federation of Steel
Wire Rope Industries
Oxaquim SA
European Steel Tube Association
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or steel AD
Tyres for buses or lorries (new
and retreaded) AD
Lever arch mechanisms AD
Tyres for buses or lorries (new
and retreaded) AS
People's Republic of China
People's Republic of China
People's Republic of China
(ESTA)
Coalition against unfair tyres
imports
Lever Arch Mechanism
Manufacturers Association
Coalition against unfair tyres
imports
3.2.1.2. Expiry reviews concluded with confirmation of duties
In 2023, the Commission concluded 23 expiry reviews (3 concerned anti-subsidy measures) with a
confirmation of the duties for a further period of 5 years.
The list of measures, which were renewed during 2023, together with the results of the investigations, can be
found below. More information can be obtained from the Official Journal publications to which reference is
given in Annex F.
Product
Aluminium road wheels
(certain)
Sodium gluconate
Origin
People's Republic of
China
People's Republic of
China
People's Republic of
China
Taiwan
People's Republic of
China
People's Republic of
China
Belarus
Type
21
and level of measure
AD: 22,3%
AD: 5,6% - 27,1%
All others: 53,2%
AD: 30,7% - 55,3% All others: 64,9%
AD: 5,1% All others: 12,1%
AD: 9,7% - 23,7%
All others 23,7%
AD: 65,1% - 73,7%
All others 73,7%
AD: 10,6%
Tubes and pipe fittings of
stainless steel (butt-welding
fittings)
Polyester yarn (High
tenacity)
Heavy plate of non-alloy or
other alloy steel (certain)
Rebars
Graphite electrode systems
India
AS: 6,3% - 7%
All others 7,2%
AD: 0% - 9,4%
All others 8,5%
AD: 0% - 31,3%
All others: 0%
AS: 4,6% - 31,5%
All Others: 35,9%
AD: 6,5% - 23,5%
All others 66,7%
Graphite electrode systems
India
Hot-rolled flat products of
iron, non-alloy or other
alloy steel (certain)
Hot-rolled flat products of
iron, non-alloy or other
alloy steel (certain)
Okoumé plywood
People's Republic of
China
People's Republic of
China
People's Republic of
China
21
AD: anti-dumping duty; AS: countervailing duty; UT: undertaking.
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Thermal paper (certain
lightweight)
Glass fibre reinforcements
(GFR)
Seamless pipes and tubes of
iron (other than cast iron)
or steel (other than stainless
steel) (certain)
Tungsten carbide, fused
tungsten carbide and
tungsten carbide simply
mixed with metallic powder
Coated fine paper
Republic of Korea
AD: €103,16 per tonne
People's Republic of
China
People's Republic of
China
AD: 0% - 15,9%
All others: 19,9%
AD: 29,2% - 51,8%
All others: 54,9%
People's Republic of
China
AD: 33%
People's Republic of
China
People's Republic of
China
People's Republic of
China
Brazil
Iran
Russian Federation
AS: 4% - 12%
All others: 12%
AD: 8% - 35,1%
All others 27,1%
AD: minimum import price €1153 per tonne
All others €415 per tonne
AD: €54,4 - €63 per tonne
Others €63 per tonne
AD: €57,7 per tonne
AD: €17,6 - €96,5 per tonne
Others €96,5 per tonne
AD: 3,2% - 40,5%
All others: 42,6%
Coated fine paper
Melamine
Hot-rolled flat products (of
iron, non-alloy or other
alloy steel) (certain)
Trichloroisocyanuric acid
(TCCA)
People's Republic of
China
3.2.1.3 Details of some individual cases concluded by confirmation of duty
Certain aluminium road wheels originating in the People’s Republic of China
On 20 January 2022, the Commission initiated an expiry review of the anti-dumping measures imposed on
imports of certain aluminium road wheels (‘ARW’) originating in the People’s Republic of China, following
a request lodged by the Association of European Wheel Manufacturers on behalf of the Union industry.
The product under review was the same as in the original investigation, namely aluminium road wheels of
the motor vehicles of headings 8701 to 8705, whether or not with their accessories and whether or not fitted
with tyres.
The investigation of continuation or recurrence of dumping covered the period from 1 October 2020 to 30
September 2021. The examination of trends relevant for the assessment of the likelihood of a continuation or
recurrence of injury covered the period from 1 January 2018 to the end of the review investigation period.
Likelihood of continuation or recurrence of dumping
During the review investigation period, imports of certain aluminium wheels from China continued, albeit at
lower levels than in the investigation period of the original investigation.
The Commission conducted the investigation in accordance with the provisions of Article 2(6a) of the basic
Regulation as the request contained sufficient evidence of the existence of significant distortions in the
aluminium sector. As a result, the Commission concluded that it was not possible to use domestic prices and
costs to establish normal value in the case. Therefore, normal value was calculated based on undistorted
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prices or benchmarks from the representative country selected in the case, i.e., Brazil. To construct the
normal value, the Commission used the information provided by the Union industry on the consumption of
each factor of production multiplied by the undistorted costs per unit established in Brazil per product type.
To this, the Commission added an appropriate percentage amount for manufacturing overheads and finally
applied the SG&A and profit in Brazil which amount to 13,75 and 6,24% respectively.
In the absence of cooperation by exporting producers from China, this normal value was compared to the
export price which was determined based on ex-works level. On that basis, the weighted average dumping
margin was over 10%.
The Commission also examined the likelihood of the continuation of dumping if the measures were
discontinued with reference to production capacity and spare capacity in the PRC and the attractiveness of
the Union market. The Commission found that the Union market for certain aluminium road wheels is
among the largest in the world, driven by the extensive production of the automotive industry in the Union. It
also noted that other important markets such as the US and India have imposed trade remedies on imports of
aluminium road wheels from China. Therefore, it was considered that the imposition of trade measures in
other main markets would likely lead to a further increase in the EU import volumes from China, should the
current measures be lifted. In addition, the Commission found that the weighted average Chinese export
prices to third countries, were significantly lower than the Union industry prices. Thus, it concluded that
should the measures be allowed to lapse, the Union market would become even more attractive for Chinese
exporters and without duties, the Chinese exporters could increase their exports to the Union.
As a result, the Commission concluded that, if the measures in place were to expire, it would be likely that
the Chinese exporting producers would redirect exports towards the Union at dumped prices.
Likelihood of continuation or recurrence of injury
The evolution of the micro and macro indicators during the period considered showed that the financial
situation for the Union industry deteriorated. Overall, the trends of the main economic indicators worsened
over the period considered. The financial situation of the Union industry deteriorated mainly due to the
increased cost of production, which could not be covered by a corresponding increase of its sales prices.
Economic indicators such as profitability, cash flow and return on investment deteriorated significantly
during the period considered. Profitability became negative in 2020 and during the review investigation
period. This negatively affected the ability of the Union industry to self-finance operations, to make
necessary investments and to raise capital, thus impeding its growth and even threatening its survival. On the
other hand, despite the declining trends, the Union industry still managed to maintain large sales volume and
considerable market share. The Commission therefore concluded that the Union industry suffered material
injury during the review investigation period.
As regards the causal link, the volumes from the PRC decreased during the period considered. The
Commission also found that the average price of the imports from China was above the average price
charged by the Union industry during the review investigation period. Consequently, the Commission
concluded that the injury suffered by the Union industry was not caused by the imports from the PRC during
the review investigation period.
The Commission also examined the likelihood of recurrence of injury. The Commission noted that the
production capacity in the PRC substantially exceeded the production volumes and demand on the Chinese
domestic market. It also found that the Union market, in terms of prices, remains very attractive for Chinese
producers. Therefore, if confronted with an increase of low-priced imports from the PRC, the Union
producers, in an attempt to keep sales volumes and market shares, would be forced to reduce their prices. On
the other hand, if the Union industry were to keep its current price levels, this would have an almost
immediate negative impact on its sales and production volume as well as its market share. Moreover, a
decrease in production volume would result in an increase of the item costs of production due to reduced
benefits of economy of scale. This would further deteriorate the Union industry’s profitability and result into
further losses already in the short term. With a loss of profitability, the Union industry would not be able to
carry out necessary investments. Ultimately, this would also lead to loss of employment and risk of closure
of production lines.
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In view of the above, the Commission concluded that the expiry of the measures would, in all likelihood,
result in a significant increase of dumped imports from the PRC at lower prices than the ones of the Union
industry, and therefore would further aggravate the negative situation of the Union industry. It is highly
likely that this would lead to a recurrence of material injury and as a consequence, the viability of the Union
industry would be at serious risk.
Union interest
The Commission examined if it was in the Union interest to maintain the anti-dumping measures by
examining the various interests involved. The Commission found that the effect of anti-dumping measures
would be positive for the Union producers by allowing them to adapt sales prices to cover increased cost of
production. This would allow the industry to return to a sustainable situation and make future investments, in
particular to comply with environmental and social requirements. In the absence of measures, the Union
industry would no longer be protected against the likely increase of cheap imports from China, which would
cause material injury and cause its financial situation to deteriorate further.
While the Commission contacted all known unrelated importers, traders and users, none of them provided
any comments indicating that the maintenance of the measures would have a significant negative impact on
their activities, outweighing the positive impact of measures on the Union industry. The Commission
concluded that there were no compelling reasons to sustain that it was not in the Union interest to maintain
the existing measures on ARW imported from China.
On 18 January 2023, the Commission extended the measures in place on imports of certain ARW from the
PRC for another five-year period.
Sodium gluconate originating in the People’s Republic of China
On 18 January 2022, the Commission initiated an expiry review of the anti-dumping measures imposed on
imports of sodium gluconate originating in the People’s Republic of China following a request lodged by
Jungbunzlauer S.A. (France) on behalf of the European industry manufacturing sodium gluconate.
The product under review was dry sodium gluconate. Sodium gluconate is used mainly in the construction
industry as a set retarder and concrete plasticiser and in other industries as surface treatment for metals
(removal of rust, oxides and fat) and for the cleaning of bottles and industrial equipment. The product can
also be used in the food and pharmaceutical industries.
The investigation of continuation or recurrence of dumping covered the period from 1 January 2021 to 31
December 2021 (‘review investigation period’). The examination of trends relevant for the assessment of the
likelihood of a continuation or recurrence of injury covered the period from 1 January 2018 to the end of the
review investigation period (‘the period considered’).
Likelihood of continuation or recurrence of dumping
During the review investigation period, imports of sodium gluconate into the Union from China continued,
albeit at lower levels than in the original investigation but slightly higher than during the previous expiry
review investigation. Imports of sodium gluconate from the PRC accounted for [6%-10%] of the Union
market in the review investigation period compared to 24,8% market share in the original investigation and
[3%-15%] during the previous expiry review.
Owing to a lack of cooperation by the producers from China, the findings were based on facts available.
The Commission conducted the investigation in accordance with the provisions of Article 2(6a) of the basic
Regulation as the request contained sufficient evidence of the existence of significant distortions in the
chemical and petrochemical sectors in China. The Commission concluded that it was not possible to use
domestic prices and costs to establish normal value in this case. Therefore, normal value was calculated on
the basis of undistorted prices or benchmarks from the representative country selected in the case, i.e.,
Colombia. To construct the normal value, the Commission used the information provided by the Union
industry on the consumption of each factor of production multiplied by the undistorted costs per unit
established in Colombia. To this, the Commission added an appropriate percentage amount for
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manufacturing overheads and finally applied the SG&A and profit in Colombia which amounted to 19,44%
and 8,68% respectively.
This normal value was compared to the export price which was determined on the basis of CIF Eurostat data
corrected to ex-works level by adjusting for sea freight and insurance costs and domestic transport cost in
China. On that basis, the dumping margin was found to be significant (over 100%). It was therefore
concluded that dumping continued during the review investigation period.
Further to the finding of the existence of dumping, the Commission investigated, in accordance with Article
11(2) of the basic Regulation, the likelihood of continuation of dumping should the measures be allowed to
lapse. The following additional elements were analysed: the production capacity and spare capacity in the
PRC, the attractiveness of the Union market and export prices to third countries as well as trade defence
measures in other export markets. The Commission concluded that the Chinese exporting producers have
significant spare capacities amounting to more than 25 times the Union consumption in the free market,
which could be used for exports to the Union if the measures were allowed to lapse. Furthermore, the
investigation confirmed that the Union market is attractive for the Chinese exporting producers in view of
the size of its construction industry, as well as of other industries that make use of sodium gluconate. Also,
the average price of exports of sodium gluconate from China to the Union was found to be between 1% and
5% higher compared to the average price of exports from the PRC to third countries during the review
investigation period. Considering the above and taking into account the trade defence measures imposed by
the United States, one of the main export markets for sodium gluconate form the PRC, the Commission
concluded that if the measures were to lapse, it would be likely that the Chinese exporting producers would
activate the spare capacity and redirect exports from third countries towards the Union market at dumped
prices and in significant volumes.
Likelihood of continuation or recurrence of injury
The like product was manufactured by two producers in the Union during the period considered:
Jungbunzlauer S.A. and Roquette Italia S.p.A. These two companies account for 100% of the Union
production.
The investigation showed that the Chinese exporting producers managed to increase their import volume and
market share, which significantly grew by 45% in 2019 and a further 30% in 2020. In that period, it was
found that the Chinese average import price was between 15 to 25% below the Union industry price. The
Union industry sales volume and market share developed negatively during the first three years of the period
considered. The decline in sales volume (– 4%) was more pronounced than the decline in consumption (–
2%) in 2019 and sales further decreased by 7% in 2020. Between 2018 and 2019, production remained
largely stable, but inventories significantly increased (up to 20%) due to reduced sales. Profitability was
negative but eventually the Union industry became slightly profitable in 2020. Between 2020 and the review
investigation period, the Union industry managed to increase its sales volumes (+12%) and market share
(+1%). It also managed to decrease its cost of production to further improve profitability during the review
investigation period.
To summarize, the investigation showed that injury indicators such as production, capacity utilisation and
employment, together with financial indicators such as profitability, cash flow and return on investments,
developed positively in the review investigation period. Profitability and cash flow became positive as from
2020, and the return on investments became positive in the review investigation period. On this basis, the
Commission concluded that the Union industry, while still in a vulnerable situation, did not suffer material
injury within the meaning of Article 3(5) of the basic Regulation during the review investigation period.
Therefore, the Commission assessed, in accordance with Article 11(2) of the basic Regulation, whether there
would be a likelihood of recurrence of injury caused by dumped imports from China if the measures were
allowed to lapse.
The Commission examined the production capacity and spare capacity in China, the likely price levels of
imports from China in the absence of anti-dumping measures and their impact on the Union industry, and the
attractiveness of the Union market. In the review investigation period, Chinese exporting producers had a
capacity of around 1 300 000 tonnes, which equals more than 50 times the Union consumption on the free
market whereas the capacity utilisation was around 54%. Given the significant spare capacity which cannot
be absorbed by the Chinese market, it was concluded that there are strong incentives for Chinese producers
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to export. Moreover, the average price of Chinese sodium gluconate to the EU during the review
investigation period was higher than the average export price charged by Chinese exporters to other
destinations, making the Union market particularly attractive for Chinese exporters. In addition, the trade
defence measures in place in the United States effectively limit the entry of Chinese sodium gluconate in that
market. Considering the large spare capacities in China, the need for Chinese exporters to increase
production and find new markets, the attractiveness of the Union market and the limited access of Chinese
exporters to the United States’ market, the decrease in transport costs and the low level of prices currently
offered to customers in the EU by Chinese exporters, the Commission concluded that the absence of
measures would in all likelihood result in a significant increase of dumped imports from China at injurious
prices and material injury would be likely to recur.
Union interest
The Commission examined if it was in the Union interest to maintain the anti-dumping measures by
examining the interests of the Union industry, importers and users.
For the Union industry, the measures in force in the EU and the United States aim at establishing an effective
and competitive environment for all producers of sodium gluconate but also for all other operators. While
Chinese producers have less than 5% market share in the United States’ market, EU producers have around
20% market share, demonstrating that the Union industry is competitive and is not ready to abandon this
sales segment, which is unique in the Union. The Commission concluded that extending the measures in
force against the PRC would be in the interest of the Union industry.
The investigation did not reveal any significant adverse impact of the measures in force on importers, none
of whom cooperated. The previous expiry review investigation had concluded that importers could be
negatively affected to a very limited extent by the measures. That expiry review showed that the share of
sodium gluconate represented less than 5% of the turnover of the importers which cooperated. The
Commission concluded that the maintenance of measures would have a very limited impact, if at all, on
importers.
No users of sodium gluconate cooperated in the investigation. The previous expiry review had showed that
for one cooperating user, sodium gluconate represented less than 5% of the users cost of manufacturing of
the finished products and any increase in the price would have a limited impact on the users’ activities. The
investigation also showed that the Union industry behaved in a reasonable way in terms of price setting. On
this basis, The Commission considered that there were no compelling reasons of Union interest against the
maintenance of the existing measures on imports of the product under review originating in China.
In April 2023, the Commission extended the measures in place on imports of sodium gluconate from China
for another five-year period.
Stainless steel tube and pipe butt-welding fittings originating in People’s Republic of China and
Taiwan - Anti-dumping measures
The expiry review was initiated on 26 January 2022, following the request of the EU Defence Committee of
the Stainless-steel butt-welding Fittings (SSTPF) industry of the European Union, representing more than
25% of the total Union production. The request for review was based on the grounds that the expiry of the
measures would be likely to result in continuation or recurrence of dumping and injury to the Union industry.
In parallel to this expiry review, on 8 June 2022, the Commission initiated an investigation pursuant to
Article 13(3) of the basic Regulation, concerning possible circumvention of the anti-dumping measures in
force on imports of SSTPF. The investigation concluded that the existing measures were being circumvented
and in March 2023 the measures were extended to imports consigned from Malaysia, whether declared as
originating in Malaysia or not.
The expiry review investigation concerned imports of tube and pipe butt-welding fittings, of austenitic
stainless-steel grades, with a greatest external diameter not exceeding 406,4 mm and a wall thickness of 16
mm or less, with a roughness average (Ra) of the internal surface not less than 0,8 micrometres, not flanged,
whether or not finished. The application of the product is in a wide range of consumer industries and final
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applications, such as the petro-chemical industry, beverages and food processing, pharmaceutical industries,
shipbuilding, energy generation, power plants, or constructions and industrial installations.
The review investigation period (RIP) was from 1 January 2021 to 31 December 2021 and the examination
of the trends relevant for the assessment of injury covered the period from 1 January 2018 to the end of the
RIP.
Sampling
The sample of three Union producers accounted for approximately 44%–50% of the estimated total
production volumes. There was no cooperation from the Chinese producers. Therefore, the findings
regarding the imports from China are made on the basis of the facts available. As only one Taiwanese
exporting producer provided the requested information and agreed to be included in the sample, sampling
was not necessary.
Likelihood of continuation or recurrence of dumping
China
Owing to a lack of cooperation by the China producers, the findings were based on facts available. The
Commission conducted the investigation in accordance with the provisions of Article 2(6a) of the basic
Regulation as the request contained sufficient evidence of the existence of significant distortions in the steel
sector in China, to which SSTPF belong. The Commission concluded that it was not possible to use domestic
prices and costs to establish normal value. Therefore, normal value was calculated on the basis of undistorted
prices or benchmarks from the representative country selected in the case, i.e., Thailand. To construct normal
value, the Commission used the information provided by the Union industry on the consumption of each
factor of production multiplied by the undistorted costs per unit established in Thailand per product type. To
this, the Commission added an appropriate percentage amount for manufacturing overheads and finally
applied the SG&A and profit from two companies in Thailand which amounted to 19,64% and 1,22%
respectively.
In the absence of cooperation by exporting producers from China, the export price for all SSTPF imports into
the Union was determined based on CIF data from Eurostat adjusted to ex-works level by deducting sea
freight, insurance and domestic transport costs. The Commission compared the average export price from
Eurostat on an ex-works basis as established above to the normal value for all fittings. On this basis, the
weighted average dumping margin was above 100%.
Then the Commission examined the likelihood of continuation of dumping. The Commission concluded that
the Chinese exporting producers have significant spare capacities. In terms of attractiveness of the Union
market the Commission established that the average Chinese export price to other third country markets in
the RIP was 15,9% lower than the average sales prices of the Union producers on the Union market. The
Union market is also attractive in view of its size. The Commission concluded that there is a strong
likelihood that the expiry of the anti-dumping measures would result in the continuation of dumping.
Taiwan
Only one Taiwanese company (Ta Chen) cooperated in the review. The sales of Ta Chen accounted for 91%
of the Taiwanese exports of SSTPF into the Union in the RIP. Due to the lack of domestic sales of SSTPF,
the normal value for Ta Chen was constructed by adding to the cost of production of the relevant product
types SG&A costs incurred and a reasonable profit.
Ta Chen made export sales directly to independent customers located in the Union and the export price was
established on the basis of the prices actually paid or payable for the product under review when sold for
export from the exporting country in accordance with Article 2(8) of the basic Regulation.
The normal value and export price of Ta Chen was compared on an ex-works basis. To ensure a fair
comparison between the normal value and the export price, adjustments were made for transport, ocean
freight and insurance costs, handling, loading and ancillary costs, packing costs, credit costs, discounts and
commissions. On this basis, the weighted average dumping margin was found at the level of 39,67%.
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The Commission then investigated the likelihood of continuation of dumping, should the measures be
repealed, by analysing the following additional elements: the existence of dumped exports to third countries,
the production capacity and spare capacity in Taiwan and the attractiveness of the Union market. The
analysis of exports to third countries showed dumping practices, the spare capacity in Taiwan is very
significant and the attractiveness of the Union market in terms of size and prices was demonstrated.
Therefore, the Commission concluded that there was a likelihood of continuation of dumping if measures
would not be extended.
Likelihood of continuation or recurrence of injury
The volume of imports from the countries concerned were negligible during the period considered and they
continued to undercut the Union industry’s average sales prices by a wide margin. However, most injury
indicators, such as production, sales, employment, profitability and cash flow developed positively or were at
satisfactory levels. The indicators examined demonstrated that the anti-dumping measures achieved their
intended result of removing the injury suffered by the Union producers. The Commission concluded that the
Union industry had recovered from previous injury and did not suffer material injury during the RIP.
The Commission assessed whether there would be a likelihood of recurrence of injury if the measures were
allowed to lapse. In that regard, the Commission examined the production capacity and spare capacity in
China and Taiwan, the attractiveness of the Union market, and the likely impact of imports from China and
Taiwan should the measures be allowed to lapse. The spare capacities in China and Taiwan are significant
and they together represent five times the annual consumption in the Union. The Union market is an
attractive market in view of its prices and size. The Commission established significant undercutting of the
Union industry prices by up to 17,7% or 16,4%, depending on the method, for China in the absence of anti-
dumping duty.
The Commission concluded that the absence of measures would, in all likelihood, result in a significant
increase of dumped imports from China and Taiwan at injurious prices and material injury would be likely to
recur.
Union interest and measures
The Commission found that even though the Union industry was no longer suffering from material injury, it
would not be able to cope with a removal of the measures, as that is likely to result in a strong increase of
dumped imports. The Commission concluded that a repeal of the measures would put the industry’s long
term financial viability at stake. Therefore, the continuation of the measures is in the interest of the Union
industry. No users cooperated with the investigation. There were no indications that the maintenance of the
measures would have a negative impact on users outweighing their positive impact. The Commission
concluded that there were no compelling reasons showing that it was not in the Union interest to maintain the
measures.
The anti-dumping measures in place on imports of SSTPF originating in China and Taiwan were continued
in April 2023 for a further period of five years. They range between 30,7% to 64,9% for China and between
5,1% and 12,1% for Taiwan.
Anti-dumping measures concerning imports of rebars originating in Belarus
The Commission initiated an expiry review in June 2022, following a complaint lodged by the European
Steel Association (EUROFER) on behalf of the Union industry of rebars. This was the first expiry review
concerning measures on rebars from Belarus since the imposition of a definitive anti-dumping duty of 10,6%
in June 2017.
The review investigation period covered 1 January 2021 to 31 December 2021 while the examination of
trends relevant for the assessment of injury covered the period from 1 January 2018 until the end of the RIP.
The product under review is certain concrete reinforcement bars and rods, made of iron or non-alloy steel,
not further worked than forged, hot-rolled, hot-drawn or hot-extruded, but including those twisted after
rolling and also those containing indentations, ribs, grooves or other deformations produced during the
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rolling process. Rebars are primarily used in the reinforcement of concrete, the use of rebars increases the
overall tensile strength of the structure.
Sampling
The Commission selected a sample of three Union producers accounting for more than 17% of the estimated
total volume of production and sales of the like product in the Union. Sampling was not necessary for
importers nor producers in Belarus as in the latter case only one producer of rebars, Byelorussian Steel
Works (‘BMZ‘), came forward.
Likelihood of continuation or recurrence of dumping
As Belarus is not a member of the WTO the normal value was determined on the basis of the domestic sales
prices or constructed normal value in a representative country. The US was selected as the representative
country in the investigation as the country has significant domestic consumption and at least seven producers
involved in the production of rebars. In addition, the original investigation established that the production
process by Only Commercial Metals Company ('CMC'), located in the US, was similar to the one used by
Byelorussian Steel Works (‘BMZ’), the Belarus producer who did not cooperate.
The investigation found that all the domestic sales of each product types were representative and were sold in
the ordinary course of trade. Therefore, there was no need to construct the normal value.
Export prices from Belarus were established based on Article 14(6) database import values, which were
adjusted to ex-works level by deducting transport costs. The Commission compared the normal value and the
export prices on an ex-works basis which resulted in a dumping margin for the Belarusian exports of 41,1%.
The Commission examined the likelihood of the continuation of dumping. The investigation showed that the
imports from Belarus continued to enter the Union market at dumped prices during the RIP. The
investigation revealed that the spare capacity in Belarus was significant in comparison with the Union
consumption during the RIP and would be used to increase production and exports to the Union, and that the
attractiveness of the Union market in terms of size and prices pointed to the likelihood that Belarusian
exports would be directed towards the Union market, should the measures lapse. Therefore, the Commission
concluded that there was a likelihood that the expiry of the anti-dumping measures would result in a
significant increase of dumped imports of the product under review from Belarus to the EU.
Likelihood of continuation or recurrence of injury
The period considered was characterised by exceptional circumstances, which were linked to the outbreak of
the COVID-19 pandemic, followed by an economic recovery. In 2020, the rebar market saw a great
perturbation due to COVID-19, with exceptional volatility in demand. During the first half of 2020
production was temporarily stopped in the Union given the lack of orders. In the second half of 2020 and
during the RIP the profitability of Union rebar producers improved, as demand continued to recover faster
than expected. In this regard, the exceptional improvement in Union producers’ profitability during the RIP
appeared to be of a temporary nature, as it was mainly due to the significant rise in market prices for rebars
driven by the demand-supply disruptions.
Most injury indicators, such as Union sales volume, market share, employment, profitability and cash flow
developed positively during the period considered. Though the trend of the indicators such as closing stocks
and investments was negative during this period, their absolute levels did not indicate a sign of material
injury. The Commission concluded that the Union industry had recovered from previous injury and did not
suffer material injury during the RIP. Therefore, the Commission examined whether there would be a
likelihood of recurrence of injury caused by the dumped imports from Belarus if the measures were allowed
to lapse. The Commission examined: (i) the production capacity and spare capacity in Belarus; and (ii) likely
price levels of imports from Belarus and their impact on the Union industry’s situation, should the measures
be allowed to lapse.
The production capacity in Belarus substantially exceeded production volumes and domestic demand in
Belarus with spare capacity estimated to be more than 900 000 tonnes (more than 8% of the Union
consumption during the RIP. The average import price from Belarus increased by 28% between 2018 and the
RIP which was in line with the general rebar price trends. With the anti-dumping duties, Belarusian rebars
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undercut Union prices by 2,5% – 3%. Excluding the anti-dumping duty, undercutting was established at a
level of 11,8% - 12%. In addition, the average import price from Belarus during the period considered
remained below the Union producers’ unit cost.
Given the attractiveness of the Union market due to its size and price levels it was concluded that should the
measures be allowed to lapse, exporting producers would start again to export larger volumes of the product
under review at low prices to the Union. The Commission concluded that this would exert downward price
pressure on the Union industry, and cause it to lose market share, endangering its profitability. Therefore, the
Commission concluded that there was a likelihood of recurrence of injury should the measures be allowed to
lapse.
Union interest
The Commission examined whether maintaining the existing anti-dumping measures would be against the
interest of the Union as whole. This was based on an examination of all the various interests involved,
including those of the Union industry, importers and users. As regards Union industry, the Commission
concluded that if the measures were allowed to lapse, they would likely be faced with increased unfair
competition from Belarus producers most likely putting a halt to their on-going recovery.
While no importers came forward during the investigation, it could not be ruled out that the imposition of the
measures had a negative impact on their activity. However, importers were not dependent on Belarus and
could source the product under review from other countries, such as Norway and Türkiye. Therefore, the
Commission concluded that from the importers’ perspective, there were no compelling reasons not to extend
the existing measures.
No user came forward during the investigation. The Commission concluded that there were no compelling
Union interest reasons against the maintenance of the existing on imports of rebars originating in Belarus.
Therefore, the measures were extended for a further period of five years in May 2023.
Certain graphite electrode systems ('GES') from India
In March 2022, the Commission initiated two expiry reviews on the anti-dumping and countervailing
measures in force concerning imports of certain graphite electrode systems ('GES') originating in India.
The product under review was graphite electrodes of a kind used for electric furnaces, with an apparent
density of 1,65 g/cm3 or more and an electrical resistance of 6,0 μ.Ω.m or less and nipples used for such
electrodes, whether imported together or separately, originating in India. The steel industry (namely electric
arc furnaces steel producers) is the main user of this product.
The review investigation period ('RIP') was from 1 January 2021 to 31 December 2021 while the period to
establish the injury trends was from 2018 to the end of the RIP.
Sampling
Three Union producers representing more than 68% of the estimated total volume of production and more
than 70% of the sales of the like product in the Union were included in the sample.
No unrelated importers of graphite electrodes from India came forward and cooperated in the investigation.
Likelihood of recurrence or continuation of dumping
There are two producers of GES in India, HEG Ltd ('HEG') and Graphite India Limited ('GIL'). However,
neither cooperated in the investigations so the Commission used facts available in accordance with Article 18
of the basic anti-dumping regulation. As a result, normal value was based on the data provided by the
applicant: Mordor Intelligence and Valuates Reports. The two sources showed similar average domestic
price of GES in India for the review investigation period. This price was cross-checked with the publicly
available information published by SteelMint.com, a market data provider for steel producers and steel users.
To determine the export price of the Indian exporting producers to the Union the Commission used Eurostat
statistics, which after adjustments for sea transport and insurance showed an FOB price Indian port (€2
578/tonne). This price was further adjusted for border compliance and documentary evidence costs and intra
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Indian transport, €2 558/tonne. The normal value in India was then compared with the export price at ex-
works level and expressed as a percentage of the CIF price resulting in a dumping margin of 44,7%.
The investigation showed that Indian imports continued to enter the Union market at significantly dumped
prices and maintained their quantities and market shares as in the last two review investigations.
Furthermore, the analysis of production volumes and spare capacity in India, export volumes and prices from
India to the other third country markets, existing measures in the other third countries, and attractiveness of
the Union market also showed that it is likely that the dumped exports would further increase their already
substantial presence in the Union market should the current measures be allowed to lapse. Consequently, it
was concluded that there is a likelihood of continuation of dumping should measures be allowed to lapse.
Likelihood of recurrence or continuation of subsidisation
HEG Limited cooperated in the investigation and the co-operation from the Government of India (‘GOI’)
was good. The investigation established that during the RIP the cooperating exporting producer continued to
benefit from seven schemes.
These schemes, except for the Remission of Duties and Taxes on Exported Products (RODTEP) scheme and
the electricity-related schemes, were already countervailed in the previous investigations, were all export
contingent and constituted a financial contribution by the GOI conferring a benefit on the exporters. The
schemes which were found to be countervailable were: Advance Authorisation Scheme (‘AAS’); Duty
Drawback Scheme (‘DDS’); Export Promotion Capital Goods Scheme (‘EPCGS’); Merchandise Export
Incentive Scheme (‘MEIS’) Preferential financing: Interest Equalization scheme (“IES”); Remission of
Duties and Taxes on Exported Products (RODTEP); Captive Units Rebate - Electricity discount.
The investigation found that the subsidy schemes were conferring substantial benefits to the exporting
producers during the RIP, amounting to a total of 9,85%. The investigation also established that AAS, DDS,
EPCGS and MEIS and RODTEP are part of a 5-year Foreign Trade Policy (FTP 2015-20), which was
originally set to expire on 31 March 2020. However, due to the COVID-19 pandemic, FTP 2015-20 was
extended several times, the latest extension until 31 March 2023. The IES scheme was extended at least until
2024, and the Captive Units Rebate was extended to the financial year 2023. There was thus no indication
that the subsidisation level would decrease in the future. Therefore, it was concluded that there was a clear
likelihood of continuation of the subsidisation.
Likelihood of recurrence or continuation of injury
The investigation showed that the measures allowed the Union industry to maintain, at least partially, a
significant market share throughout the period considered. Most of injury indicators showed that the
economic situation of the Union industry was difficult. These difficulties were explained by the decrease in
consumption coupled with the consequence of the COVID-19 outbreak and dumped imports from China and
India which, during the same period, gained market share to the detriment of Union industry whose market
share decreased.
Production, sales volumes and market shares decreased, as well as sales prices which had a negative effect
on productivity. The increased price pressure from the dumped imports coming from India and China forced
the Union industry to reduce its sales prices with negative effects on its profitability which decreased
substantially over the period considered. Also, the rapidly decreasing returns on investments had a negative
impact on the Union industry’s ability to raise capital and investments. On the other hand, despite the
declining trends, the Union industry still managed to maintain large sales volume and considerable market
share. Likewise, despite the negative trend, profitability remained positive throughout the period considered.
Therefore, the Commission concluded that the Union industry did not suffer material injury during the
review investigation period.
Therefore, the Commission examined whether there would be a likelihood of recurrence of injury, originally
caused by the dumped/subsidised imports from India, if the measures were allowed to lapse. In order to
establish whether there would be a likelihood of recurrence of injury, the Commission considered (i)
production volume and spare capacity in India, (ii) export volumes and prices from India to the other third
country markets, (iii) existing measures in the other third countries, (iv) attractiveness of the Union market,
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and (v) likely price levels of imports from India and their impact on the Union industry’s situation, should
the measures allowed to lapse.
The investigation found that Indian imports continued to enter the Union market at dumped prices and
maintain their quantities and market shares as in the previous two review investigations. Both Indian
producers were export oriented and India had spare capacity - the total Indian production capacity was
estimated at around 178 000 tonnes, with production of 121 000 tonnes; hence a spare capacity of 57 000
tonnes in the RIP which represented about 41% of the Union consumption during the RIP. In addition, based
on HEG’s annual report 2021, the producer was expected to continue to increase its capacity adding another
20 000 tonnes by early 2023. This could be used to further increase the export volumes to the Union at
dumped prices. The investigation showed that the Indian import prices (without duty) undercut the Union
industry's sales price by 33,5%. It was considered that any increase of the dumped/subsidised imports
undercutting the Union industry's sales price would likely exercise a downward price pressure on the Union
market and the Union industry would likely be forced to either reduce its sales prices further reducing
profitability or to lose sales and market share to the Indian exporters. Considering the attractiveness of the
Union market, due to its size and its relatively high price level and India’s capacity to increase export
quantities to the Union, the Commission concluded that the expiry of the measures would, in all likelihood,
result in a significant increase of dumped/subsidised imports from India at prices undercutting the Union
industry prices, and therefore would aggravate the economic situation of the Union industry. It was highly
likely that this would lead to a recurrence of material injury and, as a consequence, the viability of the Union
industry would be at serious risk.
Union interest and continuation of measures
No importers and users came forward to provide information and therefore, and in line with the findings in
the original investigation and in the previous expiry reviews, the Commission concluded that there were no
compelling reasons to conclude that it was not in the Union interest to maintain the existing anti-dumping
and countervailing measures on imports of GES from India. The measures were extended for a further period
of five years in June 2023.
Certain continuous filament glass fibre (GFR) products originating China
The Commission initiated an expiry review in April 2022 on the anti-dumping measures on GFR originating
in China. The review was initiated following a request of the European Glass Fibre Producers Association on
behalf of producers representing more than 50% of the total Union production of certain continuous filament
glass fibre products ('GFR').
GFR is a raw material used to reinforce thermoplastic and thermoset resins in the composites industry. The
resulting composite materials (glass fibre reinforced plastics) are used in many applications in automotive,
electronics, windmill blades, construction, tanks/pipes, consumer goods and aerospace. It is sold either as
chopped strands, rovings (continuous glass strands, gathered together), or mats.
The review investigation period for dumping covered is 1 January 2021 to 31 December 2021 while the
examination of trends relevant for the continuation or recurrence of injury covered the period from 1 January
2018 to the end of the review investigation period.
Sampling
Three Union producers were sampled representing 76% of the production of the Union industry in the RIP.
Likelihood of continuation or recurrence of dumping
The analysis of the likelihood of continuation or recurrence of dumping was based on facts available given
there was no cooperation from Chinese exporters nor the Government.
The applicants provided sufficient evidence of government induced distortions in China and the investigation
was initiated in accordance with Article 2(6a) of the basic Regulation.
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The investigation found that the main suppliers of the raw materials were affected by the existence of
significant market distortions related to the factors of productions, in particular kaolin and dolomite. In
addition, the investigation revealed substantial governmental intervention in other factors of production such
as land, energy, capital, and labour. The Commission also found that the Chinese government owns a
majority of the biggest GFR producers in China, as well as upstream suppliers and downstream users located
in China. In particular, the two largest Chinese GFR producers, CPIC and Jushi, are major State-owned
conglomerates.
Normal value was therefore constructed and based on data from Türkiye as representative country. It was
calculated on the basis of the consumption ratios of the main raw materials (silica, kaolin, dolomite,
limestone, platinum and rhodium), electricity, natural gas and direct labour costs provided by the Applicants
in the review request. The benchmarks for the unit costs related to the inputs were based on the data obtained
from Türkiye. Other direct costs, consumables and manufacturing overheads were based on a percentage
calculated on the basis of the actual costs incurred by the applicants and were added to the direct undistorted
manufacturing costs. Finally, the SG&A and profit of the Turkish producer, Türkiye Şişe Ve Cam
Fabrikalari A.Ş. as published in their annual accounts for 2021 were used. The level of profits was estimated
at 36,74% and for SG&A, 16,81%.
In the absence of cooperation from the Chinese exporting producers, the export price was based on Eurostat
CIF import prices adjusted to ex works level. Thus, the CIF price was reduced by the sea transport freight,
domestic transport costs and EU customs handling. These costs were based on data provided by the
applicants in the request for review. The weighted average dumping margins were in the range of 50% to
54% - depending on the product type. It was therefore concluded that dumping continued during the review
investigation period.
The Commission also investigated the likelihood of continuation of dumping, should the measures be
repealed, analysing the development of the production capacity and spare capacity in the PRC, the relation
between Chinese export prices to other third countries and the Chinese export prices to the Union and the
attractiveness of the Union market.
Likelihood of continuation or recurrence of injury
The analysis of the situation of the Union industry showed that it continued to suffer material injury. Union
production decreased by 23% between 2018 and 2020, then picked-up again by 18% between 2020 and the
review investigation period resulting in 9% decrease over the entire period considered. One Union producer
had to permanently close its plant in the summer of 2019. Overall, the capacities decreased by 3% over the
period considered. The capacity utilisation developed in line with the changes in production and capacities,
i.e., it decreased to 70% in 2020, due to COVID related restrictions. Once these restrictions were lifted,
capacity utilisation increased to 87% in the review investigation period. Nonetheless, due to the technical
restrictions when restarting idled capacities after COVID related restrictions, the Union producers were
unable to sufficiently increase their production to meet the growing post-COVID demand in a timely
manner.
The Union industry profits dropped from a 6,2% profit in 2018 to a 3,6% loss in the review investigation
period showing the industry’s particularly precarious situation. The Union industry’s sales decreased by 14%
between 2018 and 2020, then picked-up by 6% between 2020 and the review investigation period resulting in
9% decrease over the period considered. The Union industry’s market share decreased to 45,3% at the end of
the period considered, i.e., losing 5 percentage points from the beginning of the period. In addition,
employment decreased by 9%. Closing stocks could not recover to their normal levels. The cash flow in the
review investigation period decreased by 62% compared to 2018. The return on investments diminished to –
3,1% from 10% in 2018. The decreasing production had a significant impact on the industry, reflected in the
lossmaking situation in 2020–2021, due to the high fixed costs and the impossibility to flexibly scale back
production as furnaces needed to be fully utilised in this specific production process. Even in such adverse
circumstances, continuous investments were necessary, mainly to replace furnaces with strictly limited
lifetime which put additional financial pressure on the producers. On this basis, the Commission concluded
that the Union industry continued to suffer material injury.
The Commission examined whether the dumped imports from China caused material injury to the Union
industry. In the years preceding the review investigation period, the continued presence of Chinese imports
exercising price pressure on the EU market clearly contributed to the injurious situation of the Union
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industry. However, non-injurious Chinese import prices during the review investigation period, which were
far above the Union industry’s sales prices and cost of production, did not exert any pressure on the Union
industry. Therefore, the Commission analysed whether injury was caused by factors such as imports from
Egypt, increased costs of production in the Union and contractual conditions with the users. The Commission
found that Chinese producers of GFR located in Egypt, still accounted for 12,7% market share during the
review investigation period and their import prices were well below the prices observed for the other
countries as well as the Union industry. Thus, the price pressure from Chinese producers of GFR located
outside China was present throughout the whole period considered. The investigation also showed that the
global shortage caused by governmental measures in relation to the COVID pandemic allowed the Union
industry to start to recover on the sales side, but it had increased production costs, such as increased fixed
costs due to the temporary idling of capacities in response to COVID-related lockdowns of user industries,
and increased energy and certain raw material costs. Also, the Union industry was not able to immediately
increase its production substantially, due to the time needed to restart idle capacities. As a result, users in the
EU were temporarily forced to buy imported goods from China at much higher prices, which led to an
increased Chinese market share of 6,5% in the RIP. In addition, the Union industry had long-term contracts
with users and could not immediately increase sales prices to take advantage of the improved market
situation and the absence of injurious Chinese prices.
The Commission concluded that the injury suffered by the Union industry during the RIP could not be
attributed to the dumped imports from China, and that other factors affected the injurious situation of the
Union industry, attenuating the causal link between the Chinese imports and the injury suffered by the Union
industry in the RIP. As a result, the Commission further assessed, whether there would be a likelihood of
recurrence of injury caused by the dumped imports from China if the anti-dumping measures were allowed
to lapse.
The investigation showed that the prices of the Chinese dumped imports increased significantly (46%)
between 2020 and the review investigation period. This was mainly due to the exceptional increase of freight
cost. The estimated Chinese price at ex-works level increased by 5% only from 2020 to 2021 and was around
€907 per tonne, thus, well below the average ex works price of the Union producers (€1 092/tonne). If the
freight cost had remained unchanged from 2020 to 2021, Chinese imports without duties would have
undercut the Union’s industry’s prices by 21,1% and would have remained below the cost of production of
the Union industry, similar to the situation observed in the years preceding the review investigation period.
The increase of freight cost was exceptional and temporary and dropped back to 2020 levels as of November
2022. At the start of 2023 the Chinese import prices were again undercutting the Union industry’s post-
review investigation period prices by 14,9%, and they were well below the cost of production of the Union
industry in the review investigation period.
The Commission found that if the measures were allowed to lapse, it could be reasonably expected that,
given the attractiveness of the Union market and the spare capacity in China, there would be a substantial
increase of imports of GFR from China to the Union at dumped prices, undercutting and supressing the
Union industry’s prices. On this basis, the Commission concluded that the absence of measures would, in all
likelihood, result in a recurrence of injury to the Union industry.
Union interest
The Commission examined whether maintaining the existing anti-dumping measures would be against the
interest of the Union as whole. This was based on an examination of the various interests involved, including
those of the Union industry, importers and users.
As regards Union industry, the Commission concluded that if the measures were allowed to lapse, it would
likely lead to a significant increase of dumped Chinese imports of GFR, largely undercutting and supressing
the Union industry’s prices thereby aggravating the injury to the Union industry. Therefore, the Commission
concluded that that it was in the interest of the Union industry to maintain the measures in force.
Given that GFR is to a large extent standardised the sources of supply can be changed efficiently. On this
basis, the Commission concluded that the measures in force had no significant negative effects on importers
given the alternative sources were not subject to measures and therefore the continuation of the measures
would not unduly affect them.
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As regards users, they were in favour of the measures continuing as Union producers of GFR are the R & D
and innovation drivers and without them the downstream fabrics industries and the innovation in this sector
would stop. They would be almost entirely dependent on the supply of rovings by State-owned companies in
China if the Union industry went out of business, putting them in a highly vulnerable position. This risk
already materialised during the COVID pandemic, when Chinese producers were unable to supply EU users.
Thus, the survival of the downstream fabrics industry in the Union is also dependent on the viability of the
Union industry of GFR.
The Commission concluded there were no compelling reasons against the continuation of measures and in
July 2023, the measures were extended for a further five years.
Seamless pipes and tubes of iron (other than cast iron) or steel (other than stainless steel) - expiry
review.
On 12 May 2022, the Commission initiated an expiry review of the anti-dumping measures imposed on
imports of certain seamless pipes and tubes of iron (other than cast iron) or steel (other than stainless steel),
of circular cross-section, of an external diameter exceeding 406,4 mm originating in the People’s Republic of
China (China), following a request lodged by the European Steel Tube Association (ESTA) on behalf of the
Union industry.
The product under review was the same as in the original investigation, namely certain seamless pipes and
tubes of iron (other than cast iron) or steel (other than stainless steel), of circular cross section, of an external
diameter exceeding 406,4 mm. The product is used in a wide range of applications, for example
transportation of oil, gas, liquids, and fluids, in the construction business for piling, for mechanical uses,
boiler tubes and oil and country tubular goods for casing in the oil industry.
The investigation of continuation or recurrence of dumping covered the period from 1 January 2021 to 31
December 2021. The examination of trends relevant for the assessment of the likelihood of a continuation or
recurrence of injury covered the period from 1 January 2018 to the end of the review investigation period.
Likelihood of continuation or recurrence of dumping
During the review investigation period, imports of the product into the Union from China continued although
in lower quantities.
The Commission conducted the investigation in accordance with the provisions of Article 2(6a) of the basic
Regulation as the request contained sufficient evidence of the existence of significant distortions (allocation
of capital, land, labour, energy, and raw materials) in the metallurgical sector in China. As a result, the
Commission concluded that it was not possible to use domestic prices and costs to establish normal value in
the case. Therefore, normal value was based on undistorted prices or benchmarks from the representative
country, i.e., Mexico. To construct normal value, the Commission used the information provided by the
Union industry on the consumption of each factor of production multiplied by the undistorted costs per unit
established in Mexico per product type. To this, the Commission added an appropriate amount for
manufacturing overheads and finally applied the SG&A and profit in Mexico which amounted to 26,16%
and 15,34% respectively.
This normal value was compared to the export price which was based on CIF Eurostat data corrected to ex-
works level by adjusting for sea freight and insurance costs and domestic transport cost in China. On that
basis, the weighted average dumping margin was in the range of 10% to 44% for the cooperating exporting
producers.
The Commission also examined the likelihood of the continuation of dumping if the measures were
discontinued by examining production capacity and spare capacity in China and the attractiveness of the
Union market. The applicant estimated that the Chinese capacity utilisation was around 2,3 million tonnes
out of a total production capacity of 5 million tonnes, leaving spare capacity of around 2,7 million tonnes.
The applicants estimated that during the same period, the production capacity of the 12 existing companies in
the rest of the world was around 2,9 million tonnes. In view of the spare capacity in China, the Commission
considered it likely that Chinese exporting producers would redirect their spare capacities increasingly
towards the Union market in large quantities at dumped prices should the measures lapse. Moreover, the
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Commission considered that the attractiveness of the Union market in terms of size and prices supported the
likelihood that Chinese exports and spare capacity would be directed towards the Union market, should the
measures lapse.
As a result, the Commission concluded that there was a strong likelihood that the expiry of the anti-dumping
measures would result in an increase of dumped exports from China.
Likelihood of continuation or recurrence of injury
All injury indicators showed a negative pattern during the period considered. There was a decrease in Union
consumption between 2018 and the review investigation period. At the same time, production volume
decreased by 45% and sales decreased by 9%. This led to a decrease in capacity (21%) and employment
(40%). Capacity utilisation and productivity also fell during the period considered by 30% and 8%
respectively. In addition, the profit went from 9,3% in 2018 to a loss of 7,2% during the review investigation
period. In view of all these factors, the Commission concluded that the Union industry suffered material
injury within the meaning of Article 3(5) of the basic Regulation during the review investigation period.
As regards the causal link, imports from China were drastically reduced because of the anti-dumping
measures in force. However, in a context of decreasing consumption, Chinese imports increased over the
period considered to the detriment of the Union industry. The volume of total imports from China increased
by 104% over the period considered. Concerning the prices, the average import prices decreased by 1%
between 2018 and 2019, by 4% between 2018 and 2020 and increased by 13% between 2018 and the review
investigation period. As a result, the weighted average undercutting margin was between 21,6% and 27%,
without anti-dumping duties. However, when the same comparison was carried out including the anti-
dumping duties no undercutting was observed. Imports from other countries, such as Thailand, Ukraine, and
the United Kingdom, fell by 21% over the period considered and the market share of those countries also
decreased.
This Commission also examined the likelihood of the recurrence of injury. Given the continuation of
dumping, the overcapacities in China along with the attractiveness of the EU market, the Commission
concluded that the absence of measures would, in all likelihood, result in a significant increase of dumped
imports from China at injurious prices and material injury would be likely to recur. This would cause an even
greater deterioration of the profitability of the Union industry. The Commission concluded that, in all
likelihood, injury would therefore recur if the measures were allowed to lapse.
Union interest
The Commission examined if it was in the Union interest to maintain the anti-dumping measures by
examining the interests of the Union industry, importers and users.
The investigation showed that if measures expired, it would likely have a significant negative effect on the
Union industry as the situation would quickly deteriorate with lower sales volumes and sales prices and a
strong decrease in profitability. Continuation of measures would allow the industry to recover further from
past injury caused by dumped imports, and benefit from a Union market not impacted by dumped imports
from China. Therefore, it was concluded that maintaining the anti-dumping measures in force was in the
interest of the Union industry.
No users came forward in the review and only one importer came forward. The importer was not in favour of
the measures claiming that Chinese imports were needed to fill demand. However, the Commission found
that the importer’s turnover for the product was less than 1% of its total turnover and therefore the
continuation of the measures would not change the company’s overall performance in any case. Furthermore,
the initial investigation had shown there were sufficient alternative sources of supply with imports from all
origins accounting for 10% of market share. Also, the Union industry had more than 46% spare capacity in
the review investigation period, far beyond the Union consumption. As a result, the Commission concluded
that there were no compelling reasons of Union interest against the maintenance of the measures. On 13 July
2023, the Commission extended the measures in place on imports of the product from China for another five-
year period.
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Lightweight thermal paper originating in the Republic of Korea
On 3 May 2022, the Commission initiated an expiry review of the anti-dumping measures imposed on
imports of certain lightweight thermal paper originating in the Republic of Korea, following a request lodged
by the European Thermal Paper Association on behalf of the Union industry of certain lightweight thermal
paper.
The product under review was the same as in the original investigation, namely certain lightweight thermal
paper weighing 65 g/m2 or less; in rolls of a width of 20 cm or more, a weight of the roll (including the
paper) of 50 kg or more and a diameter of the roll (including the paper) of 40 cm or more (‘jumbo rolls’);
with or without a base coat on one or both sides; coated with a thermo-sensitive substance on one or both
sides; and with or without a top coat. Lightweight thermal paper is used for point-of-sale applications such as
the receipts issued by retail, but also for self-adhesive labels for e-commerce packaging, tickets and tags.
The investigation of continuation or recurrence of dumping covered the period from 1 January 2021 to 31
December 2021. The examination of trends relevant for the assessment of the likelihood of a continuation or
recurrence of injury covered the period from 1 January 2018 to the end of the review investigation period.
Sampling
The Commission selected a sample of three Union producers accounting for 86% of the estimated total
Union production and Union sales volume of the product under review. Sampling was not necessary for
unrelated importers as none came forward in the investigation. Sampling was also not necessary for the
exporting producers. The main known exporting producer, Hansol Paper, accounting for almost all exports of
lightweight thermal paper from Korea into the Union cooperated with the investigation.
Likelihood of continuation of dumping
During the review investigation period, imports of lightweight thermal paper from the Republic of Korea
continued, albeit at lower levels than in the investigation period of the original investigation.
The normal value was calculated as a weighted average of the price of all domestic sales during the review
investigation period or as a weighted average of the profitable sales only, depending on the product type.
Where a product type was not sold on the domestic market, and in the absence of a domestic sales price of a
product type by any other exporting producer, the Commission constructed the normal value in accordance
with Article 2(3) and (6) of the basic Regulation.
The export price was based on export sales of the sole cooperating exporting producer to the Union, which
accounted for almost all imports of the product under review from the Republic of Korea. For direct sales to
independent customers in the Union, the export price was the price actually paid or payable for the product
under review when sold for export to the Union, in accordance with Article 2(8) of the basic Regulation. For
sales of the exporting producer to the Union, through its related trader Hansol Europe acting as an importer,
the export price was established on the basis of the price at which the imported product was first resold to
independent customers in the Union, in accordance with Article 2(9) of the basic Regulation. In this case,
adjustments to the price were made for all costs incurred between importation and resale, including SG&A
expenses, and profits.
The Commission compared, per product type, the normal value and the export price of the exporting
producer on an ex-works basis. Where justified to ensure a fair comparison, the Commission adjusted the
normal value and/or the export price for differences affecting prices and price comparability, in accordance
with Article 2(10) of the basic Regulation. Adjustments for transport costs, handling and loading costs, bank
charges, EU customs duties, year-end rebates, commissions and for a duty drawback were deducted from
domestic and/or export sales prices, where they were reported and found to be justified.
On this basis, the weighted average dumping margin was 29% for Hansol Paper. It was therefore concluded
that dumping continued during the review investigation period.
The Commission also investigated, in accordance with Article 11(2) of the basic Regulation, the likelihood
of continuation of dumping, should the measures be repealed. The following elements were analysed: the
production capacity and spare capacity in the Republic of Korea and the attractiveness of the Union market
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compared to other markets. It was established that production capacity in Korea was significant, about 10
times bigger than domestic consumption in Korea and representing almost twice the Union consumption.
Furthermore, the main exporting producer, Hansol Paper, had announced its intention to expand its thermal
paper business. Moreover, the investigation established that the Union market was attractive in terms of size
and prices as compared to other markets. The Union market was the largest market for lightweight thermal
paper in the world, accounting for some 25% of global consumption, with high growth potential in absolute
terms. The domestic market of the Republic of Korea on the other hand was small, with an annual
consumption ranging from 20 000 to 37 200 tonnes. Hansol Paper’s annual production alone was 4 to 9 times
bigger than the consumption of the product in its domestic market. The sales prices of Korean exports to
destinations other than the Union dropped over the period under review. Finally, the US market, the main
export market for Korean exports during the review investigation period had become less attractive
following the imposition of anti-dumping measures on imports of thermal paper originating, inter alia, in the
Republic of Korea in 2021.
As a result, the Commission concluded that there was a strong likelihood that the expiry of the anti-dumping
measures on imports of the product concerned would result in the continuation of dumping.
Likelihood of continuation or recurrence of injury
During the period considered, the market share of the Union industry remained high and stable, at 92% or
above. Sales volumes on the Union market decreased slightly, reflecting a similar decrease in consumption.
In terms of financial indicators, the Union industry profitability was positive throughout the period. Notably,
the Union industry made profits of 11,3%, 14,8% and 12,2% in 2018, 2019, and 2020 respectively. However,
costs increased by 5,5% from 2020 to the review investigation period while prices remained stable, which
drove profitability down to 6,6%. This also coincided with an increase of dumped imports with market share
going from 0,9% in 2020 to 2,7% in the review investigation period. The price pressure from the dumped
imports prevented the Union industry from increasing prices in line with the increase in their cost of
production. The Commission established an undercutting margin of 13,7 %. The Commission also noted that
there was a dramatic decrease in investment for the Union industry over the period considered. On this basis
the Commission concluded that the Union industry was injured.
The Commission also examined the likelihood of the recurrence of injury. Given the continuation of
dumping, the significant production capacity in Korea, along with the attractiveness of the EU market in
terms of its size and prices, the Commission concluded that the absence of measures would, in all likelihood,
result in a significant increase of dumped imports from Korea at injurious prices and material injury would
recur.
Union interest
The Commission found that the removal of the measures would endanger the EU industry’s long term
financial viability. Therefore, the Commission concluded that the continuation of the measures was in the
interest of the Union industry. As there was no cooperation from importers and users, the Commission had
no information to indicate that the maintenance of the measures would have a negative impact on the users
and/or importers outweighing the positive impact of the measures. Hence, the Commission concluded that
there were no compelling Union interest reasons against the maintenance of the measures on imports of the
product under review originating in Korea. In June 2023, the Commission extended the measures in place on
imports of lightweight thermal paper from Korea for another five-year period.
Hot-rolled flat products of iron, non-alloy or other alloy steel (HRF) originating in the People’s
Republic of China - Anti-dumping and Anti-subsidy measures
Definitive anti-dumping duties on imports of hot-rolled flat products from China were originally imposed in
April 2017 for five years. Anti-subsidy duties on the same product were imposed subsequently, in June 2017.
The combined duties (AD and CVD) range from 18,1% to 35,9%. On 5 April and 8 June 2022, following a
request by the European Steel Association (EUROFER) representing more than 25% of EU production of the
product concerned, the Commission initiated expiry reviews of the anti-dumping and anti-subsidy measures.
The reviews concerned imports of certain flat-rolled products of iron, non-alloy steel or other alloy steel,
whether or not, in coils (including ‘cut-to-length’ and ‘narrow strip’ products), not further worked than hot-
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rolled, not clad, plated or coated (‘HRF’). The main use for the product is in construction (production of steel
tubes), shipbuilding, gas containers, cars, pressure vessels and energy pipelines. The review investigation
period (RIP) for both reviews was from 1 January to 31 December 2021 and the examination of the trends
relevant for the assessment of injury covered the period from 1 January 2018 to the end of the RIP (period
considered).
Sampling (common for the anti-dumping and the anti-subsidy reviews)
The Commission selected a sample of three Union producers based on the largest volume of production of
the like product in the Union during the review investigation period that could reasonably be investigated
within the time available. The sample accounted for around 29% of estimated total production in the Union.
No exporting producers cooperated in the two expiry reviews.
Likelihood of continuation or recurrence of dumping
Owing to a lack of cooperation by the China producers, the findings in relation to the likelihood of
continuation or recurrence of dumping were based on facts available.
The Commission conducted the anti-dumping investigation in accordance with the provisions of Article
2(6a) of the basic anti-dumping Regulation as the request contained sufficient evidence of the existence of
significant distortions in the steel sector in China, to which HRF products belong. As a result, the
Commission concluded that it was not possible to use domestic prices and costs to establish normal value in
this case. Therefore, normal value was calculated on the basis of undistorted prices or benchmarks from the
representative country in the case, Mexico.
To construct normal value, the Commission used the information provided by the Union industry on the
consumption of each factor of production multiplied by the undistorted costs per unit established in Mexico.
To this, the Commission added an appropriate percentage amount for manufacturing overheads (11,30%) and
applied the SG&A (10,74%) and profit (16,33%) from a selected company in Mexico.
In the absence of cooperation from Chinese exporting producers, the export price was based on statistical
information from Eurostat. However, given that the low volumes of imports did not provide a sufficient basis
for a continuation of dumping analysis, the Commission focused its investigation on the likelihood of
recurrence of dumping should the measures be allowed to lapse. In view of the findings on spare capacities,
attractiveness of the Union market in terms of size and prices and the fact that the prices charged by the
exporting producers from the PRC to third countries were significantly below the established normal value,
the Commission concluded that there was a likelihood of recurrence of dumping should the measures be
allowed to lapse.
Likelihood of continuation of subsidisation
Owing to a lack of cooperation by the Government of China and the exporting producers of the product
under review, the Commission used facts available to establish the continuation of subsidy practices. The
Commission reiterated its conclusion from the original investigation that the Chinese steel industry is a
key/strategic industry.
The Commission confirmed the continuation of subsidisation with respect to most of the subsidy schemes
countervailed in the original investigation, as well as some of additional new subsidies.
Further to this finding, the Commission investigated the likelihood of continuation of subsidised imports,
should the measures be repealed. The following additional elements were analysed: the production capacity
and spare capacity in China and the attractiveness of the Union market.
The Commission concluded that there was sufficient evidence that subsidisation of the HRF industry in
China is likely to continue in the future and no evidence showed that the subsidy programmes at issue would
be terminated soon. Therefore, the Commission found that repealing the countervailing measures would be
likely to result in a redirection of significant volumes of subsidised imports of HRF to the Union market.
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Likelihood of continuation or recurrence of injury (common for the anti-dumping and the anti-subsidy
reviews)
Following the imposition of countervailing measures against imports of HRF from China in 2017, imports
decreased and remained below the de minimis level allowing the Union industry to recover from the
injurious effects of the subsidised imports from China by the end of 2018. However, this recovery came to an
abrupt halt and was reversed in 2019, when the Union industry had to compete with significant volumes of
low-priced dumped imports from Türkiye, forcing it to set its prices below costs to keep its market share and
thus causing material injury. In July 2021, the Commission imposed definitive measures against Türkiye and
the situation of the Union industry recovered by the end of 2021. Almost all injury indicators, notably
production, capacity utilisation, sales volumes and sales prices, employment and productivity, profit, cash
flow and return on investment followed a similar trend during the period considered. This trend was
characterised by a decrease in 2019, a sharper decrease in 2020 and a rebound in the RIP to levels similar to
2018. On this basis, the Commission concluded that the Union industry did not suffer material injury during
the RIP.
The Commission found that the estimated Chinese spare capacity corresponded to 89% of the EU free
market consumption. It also noted that the Union market was among the largest HRF markets and the price
levels in the Union were higher than the average price charged by the Chinese exporters in the rest of the
world. Therefore, the Union market was found to be attractive. Considering the low volumes of imports from
China from 2018 until 2021, the Commission considered, as a representative proxy for prices of HRF
imports into the Union, the export prices from China to all third countries. The result showed that on average
the Chinese exports to the Union undercut Union industry’s average prices by around 8%. HRF is a highly
price sensitive commodity product and rather modest levels of price undercutting combined with large
volumes would have significant and immediate impact on the Union industry’s performance. The
Commission therefore concluded it was very likely that low-priced subsidised imports from China would
recur in significant volumes and would undercut Union prices. This would have a significant adverse effect
on the Union industry’s performance resulting in material injury recurring.
Union interest and measures
The Commission found that the effect of anti-subsidy measures would be positive for the Union producers,
by helping it recover from the negative impact subsidised imports and the COVID-19 pandemic. No users or
unrelated importers cooperated in the investigation. Given their lack of cooperation and in the absence of any
indications to the contrary, the continuation of the measures was not considered against the interest of users
and importers. The Commission also analysed whether measures against China would have a negative effect
on the security of supply, as there are also measures in place on HRF against Türkiye, Brazil, Iran and
Russia. The Commission concluded that there were no potential risks at the level of supply for downstream
users. The Commission concluded that there were no compelling Union interest reasons against the
continuation of the measures. Therefore, the anti-dumping and anti-subsidy measures on imports of HRF
from China were maintained for another five years.
Hot-rolled flat products of iron, non-alloy or other alloy steel (HRF) from Russia, Iran, and Brazil
On 5 October 2022, the Commission initiated an expiry review on imports of certain hot-rolled flat products
of iron, non-alloy or other alloy steel from Russia, Iran and Brazil, following a request lodged by the
European Steel Association (EUROFER) on behalf of the Union industry.
The investigation of dumping covered the period from 1 July 2021 to 30 June 2022, while the examination of
trends relevant for the assessment of injury covered the period from 1 January 2019 to the end of the
investigation period.
Sampling
The Commission selected a sample of three Union producers, accounting for 25% of total EU production and
26% of total sales in the EU market. The Commission selected the largest EU producers, while taking also
into consideration geographical spread.
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2909608_0040.png
The Commission selected three exporting producers (two groups) for the sample, covering 98% of the total
imports into the Union from Brazil. Only one Iranian producer came forward and therefore no sampling was
necessary. No exporting producer from Russia came forward.
Likelihood of continuation or recurrence of dumping
Russia
Due to the lack of cooperation from Russian producers, the Commission used facts available to establish the
normal value, information submitted by EUROFER. Accordingly, the normal value was based on the
domestic prices in Russia established from average domestic price lists for hot-rolled coils from the
Developing Markets Steel Review published by MEPS International Ltd. (MEPS) during the review
investigation period, to which processing costs were added to obtain the price of HRF. To arrive at ex-work
prices, the inland transport costs were deducted based on the estimations provided in the request. The export
price was based on CIF Eurostat import data corrected to ex works level. The estimated dumping margin
expressed as a percentage of the CIF Union frontier price, duty unpaid, was around 5%. Thus, dumping
continued during the review investigation period.
The Commission then assessed the likelihood of continuation of dumping, should the measures be allowed to
lapse. The Commission analysed production capacity and spare capacity in Russia, the attractiveness of the
Union market and the possible absorption capacity of third country markets of Russian exports.
Given the existing spare capacity and the attractiveness of the EU market, the Commission concluded that if
measures were to lapse Russian exporting producers would likely activate their spare capacity as well as
redirect exports in significant volumes from third countries towards the Union market at dumped prices and.
Consequently, it found that there was a strong likelihood that the expiry of the anti-dumping measures on
imports from Russia would result in the continuation of dumping.
Iran
During the review investigation period there were virtually no imports from Iran. Thus, it was not necessary
to conduct a dumping calculation. The Commission looked instead at the likelihood of recurrence of
dumping, should the measures be allowed to lapse. For this purpose, the Commission analysed production
capacity and spare capacity in Iran, the attractiveness of the Union market for Iranian producers and exports
from Iran to third countries. The Commission concluded that given the spare capacity available in Iran, the
attractiveness of the Union market and the fact that prices of exports from Iran to third countries were below
domestic prices, there was a high likelihood of recurrence of dumping from Iran if the measures are allowed
to lapse.
Brazil
For the normal value, the analysis of domestic sales showed that more than 80% of all domestic sales were
profitable and that the weighted average sales price was higher than the cost of production. Accordingly, the
normal value was calculated as a weighted average of the prices of all domestic sales during the review
investigation period. For the one product type not sold in the domestic market, the normal value was
calculated based on the cost of production plus the average SG&A expenses and profit of all sales made in
the domestic market.
The sampled exporting producers exported to related companies in the Union, which mainly used HRF to
manufacture other products. Those related companies did not source the like product from other unrelated
suppliers. Therefore, the Commission was not able to confirm whether those prices were at arm’s length.
However, since in expiry reviews there is no need to determine a dumping margin, but only likelihood of
continuation or recurrence of dumping, the Commission considered it appropriate to use those prices to
establish the export price.
The Commission compared, per product type, the normal value and the export price of the sampled exporting
producers on an ex-works basis. The estimated weighted average dumping margins expressed as a
percentage of the CIF Union frontier price, duty unpaid, was 16,2% and 18,7% for the sampled producers.
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2909608_0041.png
The Commission then assessed the likelihood of continuation of dumping, should the measures be allowed to
lapse. The Commission analysed production capacity and spare capacity in Brazil and the attractiveness of
the Union market for Brazilian producers. It also looked at exports from Brazil to third countries. The
Commission concluded that, in view of the fact that Brazilian imports at dumped prices only slightly
decreased as compared to the original investigation, the attractiveness of the Union market in terms of prices
and the fact that prices of exports from Brazil to third countries were below domestic prices, it was likely
that Brazilian producers would continue to export to the Union at dumped prices if the measures were
allowed to lapse.
Likelihood of continuation or recurrence of injury
Based on the economic indicators analysed (such as production, capacity utilisation, sales volume, market
share, employment, prices, cost, and profitability), the Commission found that the Union industry had not
suffered material injury during the review investigation period. However, it noted that the situation observed
during the review investigation period reflected the COVID pandemic-induced slowdown and subsequent
rebound in demand. The positive development came to an end in the second quarter of 2022 (end of the
review investigation period) due to severe increases in energy costs and high inflation, which meant the
favourable situation of the Union industry was unlikely to continue. Because HRF is a highly price-sensitive
commodity and competition is mainly based on price, large volumes of dumped imports would drive Union
prices down, leading to injury.
The Commission then analysed the likelihood of recurrence of injury if measures were allowed to lapse. It
considered the level of production capacity and spare capacity in the countries concerned, the attractiveness
of the Union market, and the likely price levels of imports into the Union from the countries concerned and
their impact on the Union industry.
The period considered in this investigation was somewhat exceptional. During the review investigation
period, the Commission found that the Union industry, despite having recovered from a turbulent and
economically difficult period, including the COVID-19 pandemic, with accumulated losses, it was still in a
fragile situation. Thus, the Commission concluded that it was highly likely that the continuation of dumped
imports from Brazil and Russia and recurrence of dumping from Iran in significant volumes and prices
below the Union industry prices would have a significant adverse effect on the Union industry’s
performance, notably regarding production, sales volumes and prices, profitability and investment and result
in material injury recurring.
Union interest and measures
The Commission analysed whether it was in the Union interest to adopt anti-dumping measures, analysing
the various interests involved, including those of the Union industry and users. After balancing those
interests, the Commission concluded that there were no compelling reasons of Union interest against the
continuation of the existing measures on imports of HRF from Russia, Iran and Brazil.
On 13 December 2023, the Commission extended the measures in place on imports of HRF from Russia,
Iran and Brazil for another five-year period.
3.2.1.4. Expiry reviews concluded by termination
In 2023, the Commission concluded one expiry review by terminating the measures in force.
Product
Hot-rolled flat products (of
iron, non-alloy or other
alloy steel) (certain)
Origin
Ukraine
Reason for termination
Withdrawal of complaint
Hot-rolled flat products of iron, non-alloy or other alloy steel (HRF) from Ukraine
On 5 October 2022, the Commission initiated an expiry review on imports of certain hot-rolled flat products
of iron, non-alloy or other alloy steel from Russia, Iran and Brazil, following a request lodged by the
European Steel Association (EUROFER) on behalf of the Union industry.
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2909608_0042.png
The product under review was certain flat-rolled products of iron, non-alloy steel or other alloy steel,
whether or not in coils (including ‘cut-to-length’ and ‘narrow strip’ products), not further worked than hot-
rolled, not clad, plated or coated.
The investigation of dumping and injury covered the period from 1 July 2021 to 30 June 2022, while the
examination of trends relevant for the assessment of injury covered the period from 1 January 2019 to the
end of the investigation period.
Withdrawal of complaint.
On 23 November 2022, the applicant withdrew its request for the expiry review as far as Ukraine was
concerned. In its withdrawal, Eurofer considered that circumstances regarding Ukraine had changed since
lodging the expiry review request, to the extent that it was no longer appropriate to pursue an expiry review
against HRF imports from Ukraine. Eurofer referred to the destruction of a major part of HRF capacities in
the country as well as the Ukrainian energy infrastructure. In addition, Eurofer noted that military conflict, or
at least the consequences of the conflict as regards Ukraine, would be of a lasting nature with steel capacities
not expected to return to normal operations in the short to medium term and, as a result, it was unlikely that
Ukrainian HRF exports would be able to contribute to a recurrence of injury to the Union industry any time
soon.
The Commission found that there were no reasons to indicate that termination of the review investigation
would not be in the Union interest and hence terminated the review investigation in February 2023.
Repayment of duties
As the measures were not prolonged for Ukraine, any duties collected from the date of the initiation of the
expiry review on HRF were to be repaid if requested from national customs authorities and granted by those
authorities in line with the relevant Union customs legislation concerning repayment and remission of duty.
However, no duty was due to be reimbursed because, prior to the date of initiation of the expiry review
investigation, the European Union had already suspended the collection of anti-dumping duties on Ukrainian
imports, including on HRF
22
.
3.2.2.
Interim reviews
Article 11(3) and Article 19 of the basic Regulations provide for the review of measures during their period
of validity on the initiative of the Commission, at the request of a Member State or, provided that at least one
year has lapsed since the imposition of the definitive measure, following a request containing sufficient
evidence by an exporter, an importer or by the EU producers. In carrying out the investigations, the
Commission examines,
inter alia,
whether the circumstances regarding dumping/subsidisation and injury
have changed significantly and whether these changes are of a lasting nature. Reviews can be limited to
dumping/subsidisation or injury aspects.
During 2023, the Commission initiated 4 interim reviews (included 1 anti-subsidy measure). There were 5
interim reviews concluded in the year with an amendment of the duty. More information can be obtained
from the Official Journal publications to which reference is given in Annex G.
3.2.2.1 Details of individual cases concluded with amendment of duty.
Tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron) originating in India
– Partial Interim Review
On 22 September 2022, the Commission initiated a partial interim review of the anti-dumping measures
applicable to imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron)
originating in India, following a request lodged by Electrosteel Castings Ltd (ECL).
22
Regulation (EU) 2022/870 of the European Parliament and of the Council of 30 May 2022 on temporary trade-
liberalisation measures supplementing trade concessions applicable to Ukrainian products under the Association
Agreement between the European Union and the European Atomic Energy Community and their Member States, of the
one part, and Ukraine, of the other part (OJ L 152, 3.6.2022, p. 103).
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The product subject to the review is tubes and pipes of ductile cast iron (also known as spheroidal graphite
cast iron), with the exclusion of tubes and pipes of ductile cast iron without internal and external coating.
The initiation was based on sufficient evidence provided by the applicant that, the circumstances on the basis
of which the existing measures were imposed changed and that these changes were of a lasting nature. In
October 2020, the Board of Directors of the applicant and of its related company, Srikalahasthi Pipes
Limited (SPL) decided that the two companies would merge. The legal documentation of the merger
indicated that it would impact the cost structure of the applicant.
The investigation covered the period from 1 April 2021 to 31 March 2022.
Withdrawal of the request
In August 2023, ECL informed the Commission that it wished to withdraw its request for the partial interim
review. However, the Commission decided it was not in the Union interest to terminate the investigation.
The Commission observed that the merger constituted a change of circumstances of a lasting nature that, in
line with Article 11(3) of the basic anti-dumping Regulation, required a recalculation of the dumping margin
as established in the original investigation.
Significant and lasting change of circumstances
The investigation confirmed that on 31 December 2021, SPL officially merged with ECL.
Use of facts available
During the investigation, the Commission concluded that ECL misreported in its accounting system the
weight, or the length of the product concerned with the effect of reducing its dumping margin. By doing so,
the Commission considered that ECL provided false or misleading information within the meaning of Article
18(1) of the basic anti-dumping Regulation, thereby significantly impeding the investigation.
Therefore, for the export price, the Commission used the prices of sales of ECL reported in the database
established in accordance with Article 14(6) of the basic Regulation. The Commission then brought the price
to an ex-works level and adjusted for the fact that the prices were mostly between related parties.
For the normal value, the Commission used data provided by the Union industry in the expiry review request
based on prices offered, agreed and paid for multiple quantities, diameters and types of the product
concerned in several different States and municipalities. Since the normal value was based on 2020 data, the
Commission adjusted the normal value for inflation between the expiry review and the partial interim review
investigation period.
On 23 November 2023, the Commission amended the anti-dumping duty applicable to ECL. Consistent with
the approach adopted in the original investigation, the Commission reduced the dumping margin by the
subsidy amounts found in relation to the export contingent schemes in the separate anti-subsidy
investigation. The definitive anti-dumping duty applicable to ECL was 7%.
3.2.3.
New exporter reviews
As far as anti-dumping measures are concerned, Article 11(4) of the basic AD Regulation allows for a
"newcomer" review to be carried out in order to determine individual margins of dumping for new exporters
located in the exporting country in question, which did not export the product during the IP.
Parties must show that they are genuine new exporters, i.e., that they are not related to any of the exporters or
producers in the exporting country, which are subject to the anti-dumping measures, and that they have
actually started to export to the EU following the IP, or that they have entered into an irrevocable contractual
obligation to export a significant quantity to the EU.
When a review for a new exporter is initiated, the duties are repealed for that exporter. However, its imports
become subject to registration under Article 14(5) of the basic AD Regulation to ensure that, should the
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review result in a determination of dumping for that exporter, anti-dumping duties may be levied
retroactively to the date of the initiation of the review.
As far as anti-subsidy measures are concerned, Article 20 of the basic AS Regulation allows for a review
(accelerated review) to be carried out to promptly establish an individual countervailing duty rate. Any
exporter whose exports are subject to a definitive countervailing duty but who was not individually
investigated during the original investigation for reasons other than a refusal to co-operate with the
Commission can request such review.
In 2023, the Commission initiated 3 newcomer reviews (Annex I). In 2023, 3 such reviews were completed.
3.2.4.
Anti-absorption investigations
Where there is sufficient information showing that, after the original IP and prior to or following the
imposition of measures, export prices have decreased or that there has been no or insufficient movement in
the resale prices or subsequent selling prices of the imported product in the EU, an absorption review may be
opened. This examines whether the measure had an effect on the export prices. The duty may be increased
to take account of such lower export prices. The provisions regarding absorption reviews are included in
Articles 12 and 19(3) of the basic AD and AS Regulations respectively.
In 2023, there was no anti-absorption investigation initiated while one such investigation was completed with
an increase in the level of the measures - (Annex J).
Optical fibre cables originating in the People’s Republic of China
On 8 December 2022, the Commission opened an anti-absorption investigation regarding imports of optical
fibre cables originating in China. This followed a complaint by the Union industry alleging that the Chinese
import prices into the Union had decreased significantly and therefore that the anti-dumping duties imposed
in 2021, were being absorbed and were not providing effective protection for the EU industry.
The product under investigation was the same as in the original investigation, namely single mode optical
fibre cables, made up of one or more individually sheathed fibres, with protective casing, whether containing
electric conductors, originating in China. The following products were excluded:
i.
ii.
cables in which all the optical fibres are individually fitted with operational connectors at one or
both extremities; and
cables for submarine use. Cables for submarine use are plastic insulated optical fibre cables,
containing a copper or aluminium conductor, in which fibres are contained in metal module(s).
The optical fibre cables are used as an optical transmission medium in telecommunication networks in long
haul, metro, and access networks.
The product under investigation was also subject to a definitive countervailing duty ranging from 5,1% to
10,3%, imposed by the Commission Implementing Regulation (EU) 2022/72, as corrected by the
Commission Implementing Regulation (EU) 2022/469. However, the countervailing duty was not subject to
the reinvestigation.
The absorption investigation period (‘AIP’) was from 1 October 2021 to 30 September 2022. The original
investigation period (‘OIP’) was from 1 July 2019 to 30 June 2020.
An absorption reinvestigation pursuant to Article 12 of the basic Regulation aims at establishing whether
export prices have decreased or whether there has been no movement, or insufficient movement, in resale
prices or subsequent selling prices in the Union of the product under investigation after the OIP. If it is
concluded that the measure should have led to movements in such prices, then, to remove the injury
previously established in accordance with Article 3 of the basic Regulation, export prices shall be reassessed
in accordance with Article 2 of the basic Regulation and dumping margins shall be recalculated to take
account of the reassessed export prices.
Change of export prices
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To determine whether export prices decreased, the Commission first established for each sampled exporting
producer its cost, insurance, and freight (‘CIF’) export prices at the Union customs border during the AIP
and compared these prices to the corresponding CIF export prices determined during the original
investigation for the OIP.
The Commission then compared, for each sampled exporting producer, the prices of the product types sold in
the AIP with the prices of the same product types sold in the OIP and calculated for them the weighted
average price difference. Not all product types sold in the AIP were also sold in the OIP. To ensure sufficient
comparability level, the Commission compared the prices of the most sold ‘unmatched’ product types in the
AIP with the prices of the most closely resembling product types sold in the OIP, where available.
The above comparison made for the two sampled groups of exporting producers resulted in the weighted
average export price decrease of 50,5% for FTT Group and the weighted average export price decrease of
13,2% for the ZTT Group.
Since there was a fall in export prices the Commission recalculated dumping margins of the sampled
exporting producers, in accordance with Article 2 of the basic Regulation. The dumping margins of the
sampled groups of exporting producers calculated for the AIP increased compared to the ones established in
the OIP. As a result, on 9 August 2023, the European Commission imposed a revised anti-dumping duties on
optical fibre cables ranging from 39,4% to 88%, which is twice the original duties and the maximum increase
allowed.
3.2.5.
Anti-circumvention investigations
The possibility of investigations being opened in circumstances where evidence is brought to show that
measures are being circumvented is covered in Articles 13 and 23 of the basic AD and AS Regulations
respectively.
Circumvention is defined as a change in the pattern of trade between third countries and the EU that stems
from a practice, process or work for which there is insufficient cause or economic justification other than the
imposition of the duty. The duties may be extended to imports from third countries of like products, or parts
thereof, if circumvention is taking place. Duties may also be extended to imports of a slightly modified like
product from the country subject to the measures.
In 2023, the Commission initiated 10 anti-circumvention investigations (counted on the basis of the number
of countries where circumvention is allegedly taking place). These concerned 3 anti-dumping measures and 1
anti-subsidy measure. Two anti-circumvention investigations were concluded with an extension of duty to
other exporting countries.
More information can be obtained from the Official Journal publications to which reference is given in
Annex K.
3.2.5.1 Details of some individual cases concluded by extension of duty.
Certain hot-rolled stainless-steel sheets and coils from Indonesia – measures extended to Türkiye
In October 2020, the Commission imposed a definitive anti-dumping duty and a definitive countervailing
duty on imports of certain hot-rolled stainless-steel sheets and coils (‘SSHR’) originating in Indonesia. In
July 2022, the Commission initiated an investigation following a complaint by the Union industry that the
measures on imports of SSHR were being circumvented through minor processing operations in Türkiye.
The set up in which the main exporting Turkish producer (which accounted for more than 90% of all Turkish
exports of SSHR to the EU) was involved consisted of the following: A Union producer of downstream steel
products purchased stainless-steel slabs from Indonesia, the main input material to produce SSHR, shipped
those to Türkiye in order to be further processed (hot rolled) there under a tolling agreement, to be later
imported into the Union as the final product, SSHR. Indonesian companies are subject to an anti-dumping
duty of 17,3%.
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Change in the pattern of trade
The total volume of imports of SSHR from Türkiye increased from 1 611 tonnes in 2018 to 50 015 tonnes in
the investigation period (1 July 2021 to 30 June 2022). In the same period, imports from Indonesia increased
from 44 647 tonnes in 2018 to 128 191 tonnes in the investigation period.
Specifically, during the period in which the original investigation took place, (the investigation was opened
in August 2019 and definitive measures were imposed in October 2020), imports from Türkiye to the EU
multiplied more than ten-fold, from 2 137 tonnes in 2019 to 21 500 tonnes in 2020. In the same period,
imports from Indonesia collapsed to less than one twentieth, dropping from 81 041 tonnes in 2019 to 3 595
tonnes in 2020.
In parallel with the increase in imports of SSHR from Türkiye to the Union, there was a significant increase
in Turkish imports of the main input material (stainless-steel slabs) following the initiation of the original
investigation against Indonesia and the imposition of the measures. Furthermore, the imports from Indonesia
represented almost the totality of the total imports of stainless-steel slabs to Türkiye per year since 2019 to
the investigation period.
The increase of exports of SSHR from Türkiye to the Union, together with the increase in Indonesian exports
of stainless-steel slabs to Türkiye over the same period, constituted a change in the pattern of trade between
Indonesia, Türkiye and the Union within the meaning of Article 13(1) of the basic anti-dumping Regulation.
Practice to avoid the duties
The agreement between the Turkish producer and the EU producer of downstream products was concluded
prior to the initiation of the original investigation and concerned limited volumes. However, the operations
substantially increased during the investigation and after the imposition of measures against imports of
SSHR against Indonesia. Almost 100% of the input material (stainless-steel slabs) used was of Indonesian
origin, and almost 100% of the total imports of stainless-steel slabs were shipped to this Turkish producer.
Furthermore, the value added to the slabs by the Turkish producer was found to be lower than 5%.
Even though there might have been reasons to set up this scheme other than the measures in place, i.e., to
ensure security of supply, the change in the pattern of trade was linked to the imposition of the duties,
because the scheme, though agreed prior to initiation of the original investigation, only materialized, in
significant volumes, after the start of the original investigation. Therefore, there was no due cause or
economic justification other than the imposition of the duty.
Undermining the remedial effect of the measures and evidence of dumping
The quantities of SSHR that were exported to the Union increased significantly in absolute volumes during
the investigation period and represented around 3,5% of the free sales consumption in the EU. In addition, as
the investigation revealed that the Turkish producer had huge spare capacity, it was considered likely that
volumes could substantially increase, if measures were not extended to Türkiye. Also, in terms of prices,
these imports undermined the remedial effect of the measures; the imports of SSHR from Türkiye were
found to undersell the prices of the EU producers by 16%. Finally, it was found that the imports of SSHR
from Türkiye entered the Union market at dumped prices.
Extension of the measures
As the investigation established that circumvention of the anti-dumping measures imposed against imports of
SSHR from Indonesia took place through completion operations in Türkiye, the Commission extended these
measures to imports of SSHR from Türkiye. The level of the extended duty was 17,3%.
Stainless steel butt-welding fittings from China – measures extended to Malaysia
Anti-dumping measures were imposed on imports of certain stainless-steel tube and pipe butt-welding
fittings, whether or not finished (‘SSTPF’), originating in the People's Republic of China (‘China’) and
45
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Taiwan in January 2017. After an expiry review investigation initiated in January 2022, the measures were
extended for another five years in August 2023.
In June 2022, the Commission initiated an investigation following a complaint by the Union industry that the
measures on imports of SSTPF from the PRC were being circumvented through the consignment of the
goods via Malaysia.
Four companies in Malaysia came forward and requested an exemption from the duties being potentially
extended to SSTPF consigned from Malaysia. Their exports represented the entirety of the Union’s imports
of Malaysian SSTPF.
Change in the pattern of trade
The total volume of imports of SSTPF from China to the Union decreased from 3018 tonnes in 2014 to 719
tonnes in 2021. At the same time, imports from Malaysia to the Union rose from 297 tonnes in 2014 to 1626
tonnes in 2021. The volumes of SSTPF exported to the Union by the cooperating companies increased also .
In fact, two of them were only established after the measures on imports from China were put in place.
SSTPF are produced from welded or seamless tubes and pipes. The cooperating companies increased their
imports of those inputs from China tenfold, from 200-300 tonnes in 2014 to 2400-2500 tonnes in 2021.
The decrease of Chinese exports of SSTPF to the Union together with the increase of Malaysian exports of
SSTPF to the Union and the increase of Malaysian imports of inputs from China constituted a change in the
pattern of trade within the meaning of Article 13(1) of the basic anti-dumping Regulation.
Practice to avoid the duties
The Commission did not find any evidence of transhipment by the cooperating companies. The companies,
however, imported inputs (welded or seamless tubes and pipes) from China, thus potentially circumventing
the duties via assembly/completion operations.
Two cooperating companies were already identified in the complaint as genuine producers. Although their
exports to the Union increased after the imposition of measures on imports from China, their production was
found to be genuine. They imported small quantities of seamless pipes from China to manufacture SSTPF for
export to the Union. Those imported inputs represented a minor share on the companies’ cost of production.
The two other companies were, however, only established after the imposition of measures on SSTPF from
China. They imported almost all their inputs from China and substantially increased their operations raising
their share of Malaysian exports of SSTPF to the Union from 8% in 2018 to 47% in 2021. The Commission
found that in both cases, the main economic justification for the companies’ establishment and operations
was to avoid duties imposed on Chinese SSTPF. In addition, in both cases, the imported inputs represented
more than 60% of the cost of production and the value added by the companies was lower than 25%.
Consequently, these two companies were found to be circumventing the duties on Chinese SSTPF via
assembly/completion operations.
Undermining the remedial effect of the measures and evidence of dumping
The imports of SSTPF manufactured by the circumventing companies entered the Union market at dumped
prices. Their volumes increased substantially during the investigation period and, in 2021, held 6% of the
Union market. The import prices of SSTPF produced by the circumventing companies undersold the non-
injurious Union price by more than 50%. Consequently, the Commission found that the measures imposed
on SSTPF imports from China were undermined in terms of the volumes and prices of SSTPF imported from
the two circumventing Malaysian producers.
Extension of the measures
Based on the above findings, it was established that circumvention of the anti-dumping measures imposed on
SSTPF from China took place through assembly/completion operations in Malaysia except for two genuine
46
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producers. Therefore, in March 2023 the anti-dumping measures on imports of SSTPF from China were
extended to Malaysia. The duty rate of the extended measures to imports from Malaysia is 64.9%. Imports of
SSTPF produced by the two genuine producers were exempted from the extended duties.
3.2.6.
“Other” reviews (reinvestigations, or re-openings)
These investigations focus on the implementation of court rulings. In 2023, the Commission initiated no such
reviews but concluded seven of them – five by amending the measures and two by terminating the measures.
A list of the cases concerned is given in Annex H. More information can be obtained from the Official
Journal publications to which reference is given in that Annex.
3.2.6.1 Details of some ‘Other’ review cases concluded.
E-bikes from China– AD and AS – implementation of court case
(T-242/19 and T-243/19)
On 6 July 2022, the Commission published a notice in the Official Journal reopening the original
investigation in so far as it concerned Giant. The scope of the reopening was limited to the illegalities found
by the Court in T-242/19 and T-243/19, that is, the Commission’s failure to make a fair comparison in the
price undercutting analysis at the same level of trade. This error also tainted the causation analysis and
potentially the injury margin as regards the applicant. On the same date, the Commission made imports of
electric bicycles manufactured by Giant in China subject to registration. It also instructed national customs
authorities to wait until the outcome of the re-examination before deciding on any claims for reimbursement
of the annulled duties.
Re-examination
To ensure a fair comparison between Giant’s prices and the prices of the Union producers, the Commission
recalculated its undercutting margin by adjusting the weighted average sales prices of the sampled Union
producers in two ways. Firstly, where sales were made by the sampled Union producers via related traders, a
deduction was made from the sales price to independent customers (of all types) to account for the actual
SG&A expenses of the trader concerned and profits of 9%. For one Union producer, a particular arrangement
like tolling was identified. In this case, where the costs of the related trader concerned production activities,
those costs were not deducted. Secondly, where it was necessary to compare prices at an OEM level, a
further deduction of 2,3% was made to the relevant Union industry prices to account for design, marketing
and research and development (R&D) costs. No further adjustment was deemed necessary for the level of
trade, in the sense of type of customer, because the investigation found that there was no consistent and
distinct price difference between sales to traders and retailers in the Union. The revised undercutting margin
for Giant was established at 11.5%. Consequently, the aggregated price undercutting for all sampled
exporting producers was revised to 17%.
The Commission then re-examined its findings on injury to the Union industry. Although the levels of
undercutting decreased, the Commission found that there was still significant price undercutting by the
dumped imports from the PRC. Considering the (revised) significant undercutting margin, and the negative
developments of nearly all injury indicators (findings which were still valid after the judgment), the
Commission concluded that the Union industry suffered material injury within the meaning of Article 3(5) of
the basic anti-dumping Regulation.
Notwithstanding the reduction in the undercutting margin for all sampled Chinese exporters, this did not alter
the fact that imports from the sampled Chinese exporters undercut the Union industry’s sales prices to a
significant extent. Thus, the Commission concluded that the revised undercutting margin did not alter the
original finding made by the Commission about the existence of a causal link between the injury suffered by
the Union producers and the dumped imports from China.
The Commission then recalculated the injury elimination level. To ensure a fair comparison between Giant’s
prices and the prices of the Union producers, the Commission adjusted the weighted average target prices of
the sampled Union producers. Where sales were made by the sampled Union producers via related traders, a
deduction was made from the price to independent customers to account for the actual SG&A expenses of
the traders and profits of 9%. The SG&A amount varied according to the trader concerned. Where the costs
47
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of the related trader concerned did not relate to the marketing of products, but to production activities (such
as production planning and sourcing of raw materials), these costs were not deducted because they did not
relate to the normal functions of a related trader marketing the products in the Union market. The profit level
used in this calculation was the profit level established in the original investigation for the cooperating
unrelated importers. The revised injury margin for Giant was established at 13,8%.
Given that anti-subsidy measures were in place in addition to the anti-dumping measure, in accordance with
the lesser duty rule applicable to countervailing measures at the time of the original case, the anti-subsidy
rate had to be deducted from the new injury margin to avoid exceeding the injury margin.
The revised anti-dumping duty was finally established at 9,9%. Both anti-dumping and countervailing
measures were re-imposed and applied without any temporal interruption since the entry into force of the
(original) regulations.
Certain lightweight thermal paper from Republic of Korea
On 30 June 2022, the Commission published a notice in the Official Journal reopening the original
investigation in so far as it concerned Hansol in Case T-383/17. The re-opening was limited in scope to the
implementation of the judgment of the Court with regard to Hansol. On the same date, the Commission made
imports of certain lightweight thermal paper originating in the Republic of Korea and produced by Hansol
subject to registration. It also instructed national customs authorities to wait until the outcome of the re-
examination before deciding on any claims for reimbursement of the annulled duties.
Re-examination – normal value
For two product types exported to the Union by Artone, the Commission had, in its calculating of dumping,
constructed normal value in the absence of representative domestic sales of that party. One of the two
product types referred to were sold on the domestic market in representative quantities and in the ordinary
course of trade by the related company Hansol Paper. Given the Court’s finding, the Commission revised
the calculation of the normal value for that product type by replacing Artone’s constructed normal value by
the normal value of Hansol Paper as regards that product type. The other product type exported by Artone,
for which normal value was constructed, did not have representative domestic sales by Hansol Paper either.
Consequently, and in line with Article 2(3) of the basic Regulation, the normal value of that product type had
also been constructed for Hansol Paper. In the absence of representative sales prices in the ordinary course of
trade of other sellers or producers in the exporting country, the construction of Artone’s normal value for this
product type was therefore maintained.
Re-examination – weighting
In the original investigation leading to the Regulation at issue, three converters located in the Union and
related to the Hansol Group, i.e., Schades Nordic, Heipa and R+S, had requested an exemption to complete
the questionnaire for companies related to the exporting producer on the basis of the absence or limited
volume of sales of the product concerned by these parties. These parties converted the product concerned for
resale, in small rolls, to independent customers. The Commission accepted the exemption request.
As per Article 2(11) of the basic Regulation, the Commission is obliged to take into account all of the export
transactions to the Union when calculating the dumping margin. To include in its calculation of dumping the
significant volume of sales by the Hansol Group to the related converters which had been exempted from
completing a questionnaire, the Commission had applied a weighting of the dumping margins calculated on
the basis of the verified questionnaire replies of Hansol Paper, Artone, Hansol Europe and Schades UK Ltd.
For that purpose, the Commission attributed a weight of between 15% and 25% to the dumping margin
established for direct sales and sales of the product concerned through related companies and a weight of
between 75% and 85% to the dumping margin established for sales to related converters for resale as small
rolls to unrelated parties.
The General Court and the Court of Justice found that the weighting used was wrong as a certain volume of
product concerned resold by Schades Nordic had been neglected. The volume of direct and indirect sales of
the product concerned had thus been understated in the calculation of the weighting and the full extent of the
dumping had consequently not been reflected in the calculations. Therefore, the Commission reviewed the
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weighting calculation by adding to the volume of direct and indirect sales of the product concerned used for
that computation, the volume of Hansol jumbo rolls resales through Schades Nordic as reported by Hansol
during the investigation.
Revised measures
Based on the revised normal value and weighting, the Commission recalculated the dumping margin for
Hansol, which was lowered from 10,3% to 10,2%.
Regarding the undercutting calculation, the Commission implemented the Court’s judgment by applying the
revised weighting rates, also to the undercutting margins for the direct and indirect sales of the product
concerned, on the one hand, and for sales to related converters for resale as small rolls to unrelated parties,
on the other. This resulted in a weighted average undercutting margin of 9,3%. In view of the immaterial
difference between the original undercutting margin of 9.4% margin and the revised undercutting margin, the
Commission concluded that the change did not warrant the reassessment of the injury or causation analysis.
The error identified by the General Court and upheld by the Court of Justice on the weighting of sales also
affected the calculation of the injury margin. The Commission implemented the Courts’ judgments by
applying the revised weighting rates, also to the injury margins. This resulted in an injury margin for Hansol
of 36,9%, whereas the injury margin established during the investigation leading to the regulation at issue
was 37%.
Given that the re-established dumping margin was lower than the injury margin, in accordance with the
applicable rules, the anti-dumping duty rate was set at the level of dumping i.e., 10,2%. The revised anti-
dumping duty was applied in March 2023 without any temporal interruption since the entry into force of the
original Regulation i.e., from 4 May 2017 onwards.
Tyres for buses or lorries from China – Anti-dumping and Anti-subsidy
In July 2022, the Commission published a notice in the Official Journal partially reopening both the original
anti-dumping and anti-subsidy investigations in so far as they concerned the applicants. The re-opening was
limited in scope to the implementation of the judgment of the General Court with regard to the companies
represented by China Rubber Industry Association (CRIA) and China Chamber of Commerce of Metals,
Minerals & Chemicals Importers & Exporter (CCCMC) in T-30/19 and T-72/19. On the same date, the
Commission made imports of tyres from the companies concerned subject to registration and instructed
national customs authorities to wait until the outcome of the re-examination before deciding on any claims
for reimbursement of the annulled duties.
The investigation period covered 1 July 2016 to 30 June 2017 and the examination of trends for the
assessment of injury covered 1 January 2014 to the end of the investigation period.
Re-examination of price effects
The Court had found that the Commission failed to make a fair comparison when calculating the price
undercutting margins because it adjusted the export price of the exporting producers by applying Article 2(9)
of the basic anti-dumping Regulation by analogy while the Union industry also made sales via related selling
entities and their sales were not adjusted.
In the original investigation, the Commission had determined price undercutting by comparing the weighted
average sales prices per product type and segment of the sampled Union producers charged to unrelated
customers on the Union market, adjusted to an ex-works level to the corresponding weighted average prices
from the sampled Chinese exporting producers to the first independent customer on the Union market,
established on a CIF basis, with appropriate adjustments for customs duties and post-importation costs. To
comply with the Court’s judgment, where sales were made via related traders, the export prices were no
longer adjusted in accordance with Article 2(9) of the basic anti-dumping Regulation by analogy. The
selling, general and administrative (‘SG&A’) expenses of the related trader and the profit of a sample of
unrelated importers were thus added back to the export price.
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The revised undercutting weighted average margin based on the imports of the sampled exporting producers
thus established was 14,7%. The Commission examined if the revised undercutting margins would still have
negative price effects on union sales. The Commission found that imports from China exercised price
suppression due to their increased volumes and decreased prices during the period considered. This did not
allow the Union industry to increase prices to reflect the increase of the unit cost of production. The
Commission concluded that, even if the existence of undercutting were to be contested, there would be price
suppression exercised by the subject imports in this case.
Re-examination of causation
The Commission examined whether there would still be a causal link between the subsidised imports and the
injury suffered by the Union producers, in view of the revised undercutting margins for imports from the
sampled Chinese exporting producers and the findings of price suppression.
The revised undercutting margin did not alter the fact that imports from the sampled Chinese exporters were
undercutting the Union industry’s sales prices to a significant extent. Therefore, the original finding made by
the Commission about the existence of the causal link between the injury suffered by the Union producers
and the dumped and subsidised imports from the China was confirmed.
Re-examination of injury margins
The Commission recalculated the injury elimination level for all companies that were subject to the re-
opening to address the Court’s finding regarding an error relating to the level of trade at which the price
comparison was made. However, in this case the Commission did not have sufficiently detailed and verified
information concerning the costs of production on a PCN basis, which is necessary for calculating the injury
margin. The non-injurious price was exceptionally based on the final sales price per product type, sold
directly or via related selling entities, and charged to unrelated customers on the Union market, adjusted to
an ex-works level, from which the actual profit was deducted and a reasonable profit was then added. To
comply with the judgment, it was considered appropriate to compare this price with the final sales price of
exporting producers symmetrically, i.e., at the level of the related importers, also adjusted only for customs
duties and post-importation costs but including SG&A and profit of the related importers based in the Union.
Disclosing data specified by the court
The General Court found that the Commission breached the applicants’ rights of defence by not disclosing
certain data. In order to implement the Court’s findings, the Commission disclosed the additional data
pertaining to: the gross injury indicators, before application of the weighting adjustments, and the data
relating to SMEs, on the one hand, and large enterprises, on the other; injury indicators other than
profitability after revision of the weighting; certain information relating to the sources of macroeconomic
injury data and the list of SMEs of the Union industry which ceased production; the total exact volume of the
sales of SMEs of the Union industry which cooperated in the investigations and information relating to the
proportion of SMEs in the Union industry.
The revised anti-dumping and countervailing duties were imposed in April 2023 without any temporal
interruption since the entry into force of the original Regulation i.e., 13 November 2018 onwards.
3.3.
Safeguard investigations
The Commission applies safeguard measures rarely. They are only used where it is clear that such measures
are necessary and justified because, due to unforeseen circumstances, there has been a surge in imports and
this has caused or threatens to cause serious damage to the EU industry. Unlike anti-dumping and anti-
subsidy measures, safeguards do not focus on whether trade is fair or not, so the conditions for imposing
them are more stringent.
Not all safeguard measures adopted by the EU constitute safeguards within the meaning of the WTO
Agreement on Safeguards. Some of these measures are called ‘safeguards’ under particular regimes, such as
bilateral safeguards or the safeguard investigations under the Generalised Scheme of Preferences (GSP). In
January 2023, the Commission opened a review to implement a General Court judgment relating to a
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bilateral safeguard measure imposed in 2019 on imports of Indica rice from Cambodia and Myanmar, under
the Generalised Scheme of Preferences (GSP) (measure had expired in January 2022). The review
investigation continued during 2023 and is expected to be concluded by Spring 2024.
There were no new
erga omnes
safeguard investigations initiated in 2023 although there were reviews and
adjustments made to the steel safeguard measure which the Commission originally introduced in 2019.
3.3.1.
Details on steel safeguard reviews
In 2023, the Commission published three implementing regulations concerning the steel safeguard measure.
First, on 26 June 2023, by Commission Implementing Regulation (EU) 2022/1301
23
, the Commission
concluded an investigation that assessed whether there were grounds to terminate the measure by 30 June
2023, that is, one year earlier than originally foreseen.
In carrying out this investigation, the Commission sought views and evidence from interested parties, and
assessed the performance of the Union producers and the impact on the measure on EU users through
questionnaire replies. Regarding Union producers, the investigation concluded that the situation of the Union
industry worsened towards the end of the period considered, due to some factors which took place in 2022,
together with the remaining import pressure caused notably by the continued application of the US Section
232 measures and growing global overcapacity in steel production. This led the Union industry to lower its
prices and reduce its market share. As regards users, the investigation concluded that users did not provide
any
evidence that the volume of Tariff Rate Quotas (‘TRQs') (including the increased volumes due
to liberalisation that were added to the TRQs as of 1 July 2023) together with the availability of
Union-produced steel would not be adequate to fulfil their, then existing and forecasted, demands.
Furthermore, the Commission complemented the above analysis by carrying out a forward-looking
assessment. In this regard, the Commission concluded that the Union market continued to be attractive for
exporting countries both in terms of volume and prices. The Commission also concluded that the level of
import penetration in the Union market continued to be at high levels and that it even increased in 2022
compared to 2021 despite a reduction in consumption. The Commission also confirmed that the situation in
2022 regarding global overcapacity in the steel sector continued to follow the same upwards trend, and that
in overall terms, exporting countries had not been able to find other outlets to compensate for the trade
volumes lost in the US and Union market since 2018. The Commission thus concluded that imports into the
Union would increase if the safeguard measure was terminated by 30 June 2023. In view of all these
elements, the Commission concluded that the termination of the measure by 30 June 2023 was not justified.
The Commission also took the opportunity to update the list of developing countries members of the WTO
subject to and excluded from the measure based on import data of the year 2022.
On 29 June 2023, by Commission Implementing Regulation (EU) 2023/1331,
24
the Commission amended
the steel safeguard measure by creating two additional TRQs in product categories 7 (Non-Alloy and Other
Alloy Quarto Plates) and 17 (Angles, Shapes and Sections of Iron or Non Alloy Steel) to allow transfers into
Northern Ireland of these products originating in, and consigned directly from, other parts of the United
Kingdom . In this way, transfers of products falling within these product categories originating in the United
Kingdom and consigned directly from other parts of the United Kingdom could enter Northern Ireland free-
of-duty until the allocated quota is exhausted. Out of such quota, a 25% safeguard duty would apply.
23
Commission Implementing Regulation (EU) 2023/1301 of 26 June 2023 amending Commission Implementing
Regulation (EU) 2019/159 imposing a definitive safeguard measure on imports of certain steel products (OJ L 161,
27.6.2023, p. 44).
24
Commission Implementing Regulation (EU) 2023/1331 of 29 June 2023 amending Implementing Regulation (EU)
2019/159 imposing a definitive safeguard measure on imports of certain steel products (OJ L 166, 30.6.2023, p.98).
51
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This implementing regulation was the result of an amendment to Regulation (EU) 2020/2170 of the
European Parliament and of the Council
25
on the application of Union tariff rate quotas and other import
quotas
26.
Lastly, on 14 December 2023, by Commission Implementing Regulation (EU) 2023/2840,
27
the Commission
amended the steel safeguard measure by creating five additional TRQs for Stainless Hot Rolled Sheets and
Strips (category 8), Stainless Cold Rolled Sheets and Strips (category 9), Rebars (category 13), Large
Welded Tubes (category 25.A) and Non-Alloy Wire (category 28). This amendment was of the same nature
and followed the same rationale as the one previously introduced by Commission Implementing Regulation
(EU) 2023/1331, thus allowing transfers into Northern Ireland of such product categories originating in, and
consigned directly from, other parts of the United Kingdom.
3.4.
Verification activities
Based on Articles 16 and 26 of the basic AD and AS Regulations respectively, in the course of
investigations, the Commission normally carries out visits to examine the records of companies or
associations with the aim of verifying the information provided during the proceedings.
In 2023 the Commission verified data from 136 companies, 78 within the EU and 58 outside. The
verification of data from 121 companies involved on-spot verification visits, 72 within the EU and 49
outside. The remaining 15 companies’ data was verified through remote cross checking (RCC) which was a
practice introduced as a result of the travel restrictions related to the COVID-19 outbreak in 2020. For the
RCCs, six companies were based in the EU and nine outside.
4.
E
NFORCEMENT OF ANTI
-
DUMPING
/
COUNTERVAILING MEASURES
During 2023, the Commission continued to ensure that measures imposed were effective and not undermined
by practices by economic operators designed to evade duties. In this context, there was continued
cooperation between the TDI services and enforcement-oriented services (OLAF, DG TAXUD and customs
authorities in Member States), as well as regular exchanges with the Union industry.
More information on the Commission’s monitoring and enforcement activities can be found in the main body
of the Report.
4.1.
Follow-up of measures
The follow-up activities concerning measures in force are centred on four main areas: (1) to pre-empt fraud,
by defining risk-related areas, alerting customs authorities and assessing the feedback from customs and
economic operators; (2) to monitor trade flows and market developments; (3) to improve the effectiveness
with the appropriate instruments (new investigation, interim review, newcomer review, contact with national
administrations) and (4) to react to irregular practices by enhancing the co-operation with enforcement-
related services (OLAF and national customs) and by initiating anti-absorption or anti-circumvention
investigations.
4.2.
Monitoring of undertakings
Monitoring of undertakings forms part of the enforcement activities, given that undertakings allow for the
suspension of AD or AS measures. The Commission accepts such undertakings if it is satisfied that they can
25
Regulation (EU) 2020/2170 of the European Parliament and of the Council of 16 December 2020 on the application
of Union tariff rate quotas and other import quotas (OJ L 432, 21.12.2020, p. 1).
26
As a result of the amendment to Regulation (EU) 2020/2170, steel categories 7 and 17 in the safeguard measure,
listed in Annex 1 to Regulation (EU) 2020/2170, originating in the United Kingdom and brought into Northern Ireland
by direct transport from other parts of the United Kingdom shall be eligible for treatment pursuant to the relevant Union
tariff rate quotas if those goods are released for free circulation in the territory of Northern Ireland.
27
Commission Implementing Regulation (EU) 2023/2840 of 14 December 2023 amending Implementing Regulation
(EU) 2019/159 imposing a definitive safeguard measure on imports of certain steel products (OJ L 15.12.2023).
52
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effectively eliminate the injurious effects of dumping or subsidisation and regularly checks the exporters'
compliance with the undertakings.
During 2023, 10 price undertakings in force were scrutinised which showed that the exporting producers
were complying in full. Any undertakings offered in investigations concluded in 2023 were not accepted as
the Commission considered they were not enforceable and unworkable and would not therefore eliminate
injurious dumping. No offer was rejected on the grounds of inadequate social and environmental standards in
the exporting country. More information is available in Annexes M and Q.
4.3.
OLAF activity
The Commission has developed a range of activities addressing prevention and detection of fraud, and this
includes close cooperation with the European Anti-Fraud Office (OLAF), through annual meetings, day-to-
day contacts, or exchange of case information, via a special OLAF liaison officer within the Directorate–
General for Trade.
By mutual agreement between the Commission and OLAF, the Commission provides OLAF with any
information and evidence relating to possible cases of fraud, or any other illegal activity related to TDI.
Circumvention of TDI measures can occur in the form of false declaration of product origin;
misclassification under product codes outside measures; assembly operations; channelling via companies
with no or low duty rates or undervaluation of imported products.
The Commission and OLAF react whenever they have indications of any of the above practices. These
manifest themselves through (i) subsequent to the imposition of measures, a significant decrease in imports
from the country concerned into the EU which is entirely or partially offset by an increase in imports of,
products from another third country, or products classified under a product code outside measures, or parts of
the product which are not subject to measures; (ii) subsequent to the imposition of measures, imports from
the country concerned into the EU are coming from a company with a low or a zero duty at the expense of
imports from a company with a higher duty; or (iii) where low amount of duties was collected by Member
States’ customs authorities.
Whenever the Commission receives information on irregularities occuring from the Union industry, either on
an ad-hoc basis or in the framework of formal complaints, it informs OLAF. In the same vein, the
Commission maintains regular contacts on these matters with Member States’ customs authorities, for
example, by publishing specialised risk warnings in the EU common customs risk management system.
However, given that investigations by OLAF or Member States’ law enforcement authorities into above
practices are confidential, no further information can be given.
OLAF publishes an annual report presenting
its activities of the previous year, as well as statistics of its investigative performance and examples of cases.
5.
R
EFUNDS
Articles 11(8) and 21(1) of the basic anti-dumping and anti-subsidy Regulations allow importers to request
the reimbursement of the relevant collected duties where it is shown that the dumping/subsidy margin, on the
basis of which duties were paid, has been eliminated or reduced to a level below that of the duty in force.
49 new refund requests were submitted during 2023. At the end of that year, 10 refund investigations were
still on-going, covering 105 requests. Moreover, the Commission adopted 3 Implementing Decisions
granting partial refund requests and 2 Implementing Decisions rejecting refund requests. More details on
these decisions and on the status of refund investigations can be found
here
.
6.
I
NFORMATION AND
C
OMMUNICATION ACTIVITIES
/ B
ILATERAL CONTACTS
In addition to the initiatives outlined under Section 2.2 of the Annual Report for SMEs, the Commission
engaged in several reach-out information sessions on trade defence.
In 2023, the Commission organised a TDI Seminar for the representatives of the Member States in the Trade
Defence Instruments Committee providing a comprehensive overview of the main challenges and substantial
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issues of proceedings. This helps the Committee members in giving opinions on draft implementing acts of
the trade defence instruments.
During 2023, the Commission held meetings with business representative organisations such as Business
Europe, AEGIS Europe and other sector specific representative organisations to exchange views on trade
defence related matters. There was also a presentation on trade defence made in the context of Civil Society
Dialogue.
To promote the EU's high standards in TDI investigations, the Commission services resumed the TDI
seminar for officials from third country investigating authorities after a break of almost four years. The
purpose was to engage in in-depth technical exchanges with third country administrations on best practices in
TDI investigations. A one-week seminar for around 20 participants was held in 2023 and was attended by
officials from Brazil, Gulf Cooperation Council (GCC), Ghana, Türkiye and Ukraine. Moreover, the
Commission's TDI experts have engaged in separate discussions with officials from other trading partners.
Finally in November 2023, the Commission participated in the Trade Remedy Webinar 2023 hosted by the
Ministry of Economy, Trade and Industry (METI), Japan. There were participants from other investigating
authorities including Australia, Brazil, India, Japan, USA, as well as experts from the WTO Secretariat.
7.
7.1.
J
UDICIAL REVIEW
:
DECISIONS GIVEN BY THE
C
OURT OF
J
USTICE AND THE
G
ENERAL
C
OURT
Overview of the judicial reviews in 2023
In 2023, the General Court (GC) and the Court of Justice (CJ) rendered 25 judgments and orders in TDI
cases. The GC handed down 14 rulings whereas the CJ decided on nine appeals, one request for a
preliminary ruling and one appeal concerning an application to intervene.
7.2.
Cases pending
At the end of 2023, 26 cases were pending before the GC and 10 before the CJ. A list of the cases is given in
Annex S.
7.3.
New cases
In 2023, 18 new court cases were lodged in the field of trade defence. Nine of these were lodged before the
GC and nine appeals before the CJ.
7.4.
Selection of court decisions
Joined Cases C-439/20 P and C-441/20 P - Commission v Jiangsu Seraphim Solar System
On 16 March 2023, the Court of Justice set aside the General Court’s ruling of 8 July 2020 in T- 110/17,
Jiangsu v Commission. The General Court’s ruling partially annulled Regulation 2016/214628 establishing
that the Commission acted unlawfully when it applied anti-dumping and countervailing duties on Jiangsu’s
imports of solar modules retroactively after finding that Jiangsu breached its price undertaking commitments
three years after their imposition.
In its judgment, the Court of Justice noted that the General Court’s reasoning was based on the incorrect
premise that Regulation 2016/2146 applied the payment of anti-dumping and countervailing duties on the
transactions covered by those invoices “retroactively”. The CJ explained that Regulation 2016/2146 “did not
impose any new duties in respect of the [invalidated] transactions, but applied the duties imposed by [the
initial regulations in 2013, namely Implementing Regulations No 1238/2013 and No 1239/2013], it being
28
Commission Implementing Regulation (EU) 2016/2146 of 7 December 2016 withdrawing the acceptance of the undertaking for two
exporting producers under Implementing Decision 2013/707/EU confirming the acceptance of an undertaking offered in connection with the anti-
dumping and anti-subsidy proceedings concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or
consigned from the People's Republic of China for the period of application of definitive measures. (OJ L 333, 8.12.2016, p. 4–29)
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understood that the application of those duties was suspended only for as long as the undertaking entered into
by Jiangsu Seraphim was in force”.
The CJ’s judgment therefore clarified that the Commission can legally collect duties for past transactions
covered by a price undertaking agreement if those transactions are ruled invalid at a later stage.
Joined Cases C‑747/21 P Severstal v Commission and C‑748/21 P NLMK v Commission
On 8 June 2023 the CJ delivered a judgement in Joined Cases C‑747/21P and C‑748/21P dismissing the
appeal by two exporting producers of cold rolled flat products of steel from Russia against the rulings of the
GC in T‑752/16 NLMK v Commission and T-753/16 – Severstal v Commission. The GC dismissed,
respectively, Severstal’s action and NLMK’s action for the annulment of Regulation 2016/1328
29
(‘the
regulation at issue’), in so far as that regulation concerned them.
The CJ confirmed that the Commission was entitled to use facts available pursuant to Article 18 given the
lack of cooperation by the two Russian producers. The CJ first recalled that Article 18(1) of the basic
regulation enables the Commission to make its findings in relation to dumping and injury on the basis of the
facts available in cases in which any interested party does not cooperate in the anti-dumping investigation by
refusing access to, or otherwise failing to provide, necessary information within the time limits provided in
that regulation, or by significantly impeding the investigation. According to the case-law of the Court, the
concept of ‘necessary information’ corresponds to information held by the interested parties which enables
the Commission to complete its anti-dumping investigations by making provisional or final, affirmative or
negative, findings. In the case at hand, the CJ found that contrary to the appellants’ claims, it was apparent
from reading the judgment in Severstal v Commission (T‑753/16) and the judgment in NLMK v Commission
(T‑752/16) that the GC did sufficiently state the reasons why it found that the Commission’s application of
Article 18(1) of the basic regulation to Severstal and NLMK. Accordingly, the CJ rejected as unfounded the
appellants’ complaint that the GC misinterpreted Article 18(1) of the basic regulation on the ground that it
did not examine or give reasons for the classification of the product concerned as semi-finished before
assessing the Commission’s application of that provision to the appellants in the regulation at issue.
The CJ further confirmed that, when establishing the target profit for the purposes of calculating the
underselling margin, the Commission was allowed to take into account a year not forming part of the period
considered, as the most recent representative year. The profit margin to be used when calculating the target
price must correspond to the profit margin which the Union industry could reasonably achieve under normal
conditions of competition, in the absence of dumped imports, since the choice of such a profit margin
contributes to the imposition of the anti-dumping duties re-establishing fair competition in the post-
investigation period. Therefore, given that during the period considered (2011-2015) there were significant
volumes of low-priced imports which had an adverse impact on the Union industry’s profitability and the
years 2009 and 2010 could not be regarded as reflecting normal conditions of competition in view of the
financial crisis, the year 2008 was considered appropriate.
Finally, as in its previous judgment in case Commission v Hansol Paper, C‑260/20 P, the Court held that the
Commission may consider the application, by analogy, of the price construction method referred to in Article
2(9) of the basic regulation (in case of sales via related importers for instance) in order to assess price
undercutting, provided that that method is consistent with the legal framework laid down by the basic
regulation and does not lead to a manifestly incorrect result.
T-326/21 - Guangdong Haomei New Materials Co. Ltd and Guangdong King Metal Light
Alloy Technology Co. Ltd v Commission
On 21 June 2023, the GC delivered the judgement in Case T-326/21, dismissing the action challenging
Commission Implementing Regulation (EU) 2021/546, imposing definitive anti-dumping measures on
imports of aluminium extrusions from China (“the contested Regulation"). The applicants were Guangdong
29
Commission Implementing Regulation (EU) 2016/1328 of 29 July 2016 imposing a definitive anti-dumping duty and collecting definitively the
provisional duty imposed on imports of certain cold rolled flat steel products originating in the People’s Republic of China and the Russian Federation
(OJ 2016 L 210, p. 1.)
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Haomei New Materials Co. Ltd and Guangdong King Metal Light Alloy Technology Co. Ltd, two Chinese
exporters part of the Haomei Group, affected by the measures. The applicants challenged (i) the definition of
the product concerned, which in their view incorrectly covered thousands of product types, and claimed that
the Commission had acted in excess of its discretion; (ii) the imposition of anti-dumping measures based on
a vague and hypothetical analysis of market distortions in China, founded on the Commission's report on
significant distortions in the Chinese market (“the Report"), and that ignored the evidence presented by the
applicants; (iii) the use of Türkiye as the representative country; and (iv) the Commission's findings
of material injury.
In relation to (i) the product concerned, the GC recalled the Commission's wide discretion when defining the
product concerned/product under investigation. The Court analysed whether the Commission had exceeded
its broad discretion, misvalued the factors which it considered relevant, or that the analysis of other more
relevant factors was required when defining the product concerned. The Court noted that the Commission
justified its choice of product concerned, referring to the physical, technical and chemicals of the products,
their use, their interchangeability, customer demand and the manufacturing process, and considered
interested parties' comments.
In relation to (ii) the analysis of significant distortions under article 2(6a) of the basic Regulation, the Court
found that it was apparent from the analysis of the various aspects of the Chinese market, the various data
sources reviewed, which were not limited to the Report, and the conclusions drawn from those sources, that
the Commission conducted an objective analysis of the relevant facts available in the file, carefully and
impartially examined all the relevant elements of the case and did not exceed its broad discretion. The Court
also disagreed that the Commission had ignored the evidence presented by the applicant, referring to the
Commission's reasoning/replies in specific recitals in the contested Regulation. While not ruling on an
additional (and inadmissible) plea presented during the hearing that the applicants had not been consulted
when the Report was drawn up, and therefore its use in their case would be vitiated by a violation of their
rights of defence, the Court noted that the basic Regulation does not provide for the consultation of exporting
producers in the country concerned for the drafting of the report.
In relation to (iii) the choice of Türkiye as the representative country, the Court found that the Commission
based its choice on the criteria set out under Article 2(6a) of the basic Regulation. It also noted that there is
nothing in the basic Regulation requiring the Commission to consider population when it chooses a
representative country contrary to what the Applicants claimed. The Court pointed out that, China being the
most populated country in the world, it would be unreasonable to require the Commission to select a country
with an equivalent population, domestic demand, and economies of scale.
Finally, in relation to (iv) material injury, the Court noted that the basic Regulation does not establish a
threshold below which the industry cannot be found materially injured. The Court further noted that it was
clear from the information in the contested Regulation that the Union industry had lost market shares during
the period considered, despite the increase in demand. In addition, the Court found that, in its injury
assessment, the Commission had taken into consideration the high market share of the Union industry and
the existence of certain indicators showing a positive trend. Recalling its case law, the Court highlighted that
while market share is an important factor in the determination of injury, the various injury indicators,
including the market share, should not be viewed in isolation, but globally. The Court also found that,
contrary to the applicants' claim, the Commission had considered not only the prices of imports but also their
volumes in the injury assessment.
This was the first judgment dealing with the significant distortions dumping methodology.
T-301/20 Hengshi Egypt Fiberglass Fabrics SAE and Jushi Egypt for Fiberglass Industry
SAE v Commission
On 1 March 2023, the GC delivered the judgement in Case T-301/20, dismissing the action challenging
Commission Implementing Regulation (EU) 2020/492 of 1 April 2020 imposing definitive anti-dumping
duties on imports of certain woven and/or stitched glass fibre (GFF) fabrics originating in the People’s
Republic of China and Egypt (“the contested Regulation"). The applicants were Hengshi Egypt Fiberglass
Fabrics SAE and Jushi Egypt for Fiberglass Industry SAE, two Egyptian exporting producers of GFF. The
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applicants claimed that (i) the Commission breached Article 2(5) of the basic Regulation when it adjusted the
cost of one of the inputs (GFR) when constructing Hengshi’s normal value - the applicants also challenged
the
methodology used for such adjustment; and (ii) the Commission
had breached their rights of
defence by not disclosing to them its intention not to take account of the alleged payment of customs duties
in the computation of costs.
In relation to (i) the adjustments to the costs under Article 2(5) of the basic Regulation, the Commission had
replaced the costs reported by Hengshi as regards purchases of GFR from the related entity Jushi since those
intra-group prices were not at arm's length (50% lower than the prices charged by Jushi when selling GFR to
unrelated customers in Egypt). Accordingly, the Commission used Jushi's prices to unrelated customers in
Egypt instead of the cost reported by Hengshi.
Confirming the correctness of Commission’s methodology, the Court observed that Article 2(5) does not
preclude the Commission from disregarding the costs reported in the records of the party under investigation
where the price of the raw material used for the manufacture of the product under consideration is not at
arm's length. The Court referred to the report of the WTO Appellate Body in the case European Union –
Anti-dumping measures on biodiesel from Argentina (WT/DS 473/AB/R), adopted on 26 October 2016,
paragraph 6.33 as confirming this reading of Article 2(5).
In this case, the prices at which Hengshi purchased GFR from Jushi were consistently and substantially
below the prices at which Jushi sold the same product to independent customers operating on the Egyptian
market. Given the significant difference between those prices, the Commission rightly concluded that the
prices paid by Hengshi to Jushi could not be considered at arm's length. Whether Jushi made profits when
selling to Hengshi did not lead to the automatic conclusion that a transaction was made at arm's length. That
profit margin was anyway significantly lower than that achieved when selling to unrelated customers.
The Court also rejected the claim regarding the methodology used to adjust the costs. The applicants argued
that, since the Commission verified and accepted the GFR production costs of Jushi, which was the sole
producer of GFR in Egypt, the Commission was obliged to make the adjustment of Hengshi's costs based on
Jushi's costs. The Court observed that the Commission did not “accept" Jushi's GFR production cost and that,
in any event, it might disregard domestic costs where it considers that that information cannot be used. In
this case, the Commission considered that the fact that Jushi was a vertically integrated company, whereas
Hengshi was not, warranted Jushi’s GFR cost not to be used for the construction of Hengshi’s normal value.
In relation to (ii), the Court rejected the claims regarding an infringement of the rights of the defence. The
Court dismissed the claim, noting that the applicants never submitted, in the anti-dumping investigation, any
evidence whatsoever of paying such duties. The document showing the payment of the customs duties on
which the applicants relied was submitted to the Commission in the context of the parallel anti-subsidy
investigation on GFR on 18 March 2020, i.e., significantly later than the deadline for comments in the AD
case. Thus, the Court considered that the applicants could not benefit from their own negligence by
criticising the Commission for failing to take account of evidence which they had every interest in
submitting and which they did not produce. The Court confirmed that the Commission could not on its own
initiative have used the documents from the other investigations in view of Article 29(6) of the basic anti-
subsidy regulation “Information received pursuant to this Regulation shall be used only for the purpose for
which it was requested".
T-480/20 Hengshi Egypt Fiberglass Fabrics SAE and Jushi Egypt for Fiberglass Industry SA /
Commission
On 1 March 2023, the GC dismissed the actions brought by the Egyptian exporters against Commission
Implementing Regulation (EU) 2020/776 of 12 June 2020 imposing definitive countervailing duties on
imports of certain woven and/or stitched glass fibre fabrics originating in the People’s Republic of China and
Egypt and amending Commission Implementing Regulation (EU) 2020/492 imposing definitive anti-
dumping duties on imports of certain woven and/or stitched glass fibre fabrics originating in the People’s
Republic of China and Egypt .
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The most important feature of this case concerned the Commission’s decision to countervail subsidies
consisting of financial contributions granted indirectly via another country The Court agreed with the
Commission’s interpretation that the basic anti-subsidy regulation, like the WTO Agreement on subsidies
and countervailing measures (‘SCM Agreement’), covers financial contributions granted also indirectly via
another country.
According to the Court, the definition of “government” in Article 2(b) of the basic anti-subsidy regulation
merely interprets the term “government” as including the government or public bodies of the country of
origin or export. However, that provision does not rule out the possibility that the financial contribution may
be attributed to the government of the country of origin or export of the product concerned, on the basis of
the specific evidence available. Moreover, the words “within the territory of a country” used in recital (5) of
the basic anti-subsidy regulation do not imply that the financial contribution must come directly from the
government of the country of origin or export. On the contrary, the use of those words, as the Commission
points out, does not preclude the possibility of concluding that the financial contributions may be attributed
to the country of origin or export of the product concerned.
The Court then examined the situation of the specific context of the SETC-Zone, noting that (i) such a zone
was recognised by the Government of Egypt (‘GOE’) and the Government of China (‘GOC’) as a key project
of the bilateral cooperation between Egypt and China and where, under the Belt and Road initiative, Chinese
companies were eligible to receive public support; (ii) the 2016 Cooperation Agreement between the GOC
and the GOE recognised the areas as receiving public support by the GOC; (iii) GOC-GOE set up a
consultation mechanism to ensure the implementation of the 2016 Cooperation Agreement, including a joint
body (TEDA), 80% owned by the GOC; and (iv) the financial support granted by the GOC to the Chinese
companies established in the zone was significant. The GC considered that the GOC and the GOE worked
closely together to establish the SETC-Zone as a zone with special legal and economic features which
enabled the government authorities of China to confer directly all the facilities inherent in China’s Belt and
Road initiative on the Chinese undertakings established in that zone. On that basis, the Court held that it
could not be accepted that an economic and legal construct such as that of the SETC-Zone would not be
covered by the basic anti-subsidy regulation, without this undermining that regulation’s effectiveness or its
purpose and objectives.
The Court noted that Article 1.1(a)(1) of the SCM Agreement “defines a subsidy as a financial contribution
by a government or any public body within the territory of ‘a’ Member of the WTO. That wording does not
therefore preclude the possibility that a financial contribution granted by a third country may be attributed to
the government of the country of origin or export, since it is sufficient that the financial contribution of the
government or any public body is within the territory of ‘a’ Member of the WTO”. Moreover, Articles 13
and 18 of the SCM Agreement do not call into question this conclusion since members whose products may
be investigated may be consulted on financial contributions attributable to them and, second, members
whose products may be investigated may impose limitations on the subsidies attributable to them.
Finally, as regards the analysis of whether the scheme in question was specific, the Court stated that “the fact
that the preferential measures granted by the Government of China from which the Chinese companies
established in the SETC-Zone benefited can be attributed to the Government of Egypt means that the
Government of Egypt has the status of authority which granted the preferential financing”.
Judgment T-540/20 - Jushi Egypt for Fiberglass Industry v Commission
On the same day, 1 March 2023, the Court issued its judgement concerning a different regulation,
Commission Implementing Regulation (EU) 2020/870 of 24 June 2020 imposing a definitive countervailing
duty and definitively collecting the provisional countervailing duty imposed on imports of continuous
filament glass fibre products originating in Egypt, and levying the definitive countervailing duty on the
registered imports of continuous filament glass fibre products originating in Egypt (OJ 2020 L 201, p. 10).
That investigation was largely like the findings made in GFF. The pleas brought by the exporter in T-540/20
where very similar to the ones raised in T-480/20. Thus, the Court followed the same reasoning as in T-
480/20.
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T-693/20 and C‑257/23 P – Hansol Paper v European Commission
On 17 February 2023, the GC issued an order declaring the action brought by the Korean exporter Hansol
against Commission Implementing Regulation (EU) 2020/1524 of 19 October 2020 imposing a definitive
anti-dumping duty and definitively collecting the provisional duty imposed on imports of certain
heavyweight thermal paper originating in the Republic of Korea as manifestly lacking any foundation in law.
In essence, the Court concluded that by using constructed prices under Article 2(9) of the basic anti-dumping
regulation and not the prices charged by the applicant and by Hansol Europe to independent customers for
the purposes of calculating price undercutting, the Commission did not err in law or commit any manifest
error of assessment and did not infringe the principle of equal treatment. The Court also confirmed that the
underselling calculation was correct since it was based on COP plus profit, and thus the costs and profits of
the selling companies related to the sampled Union producers were therefore not considered in the
calculation of the injury margin.
This order was subject to an appeal in C‑257/23 P on the grounds that the GC committed a manifest error in
its finding that the adjustment under Article 2(9) of the basic anti-dumping regulation carried out by the
Commission for the purpose of undercutting was correct.
On 14 November 2023, the CJ found, that where import sales are made via importers related to the exporting
producer, the Commission may, when comparing import prices with EU prices, construct the import price by
deducting SG&A costs and a profit margin from the resale price to independent customers, by analogy with
the methodology used for the construction of the export price under Article 2(9) of the basic Anti-Dumping
Regulation. The Court considered that such a method does not result in altering the level of trade of the
import price used for the injury analysis. Rather, the method consists in replacing prices charged by the
related importer with constructed prices.
Thus, the CJ found that the GC did not err in law and concluded that the appeal must be dismissed as
manifestly unfounded.
Case C-478/21 P (21 September 2023), China Chamber of Commerce for Import and Export
of Machinery and Electronic Products (CCCME) and Others v Commission
On 21 September 2023, the CJ dismissed the appeal brought by China Chamber of Commerce for Import and
Export of Machinery and Electronic Products (CCCME) and others against the judgment of the GC in case
T-254/18, seeking the annulment of Commission Implementing Regulation (EU) 2018/140 of 29 January
2018 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on
imports of certain cast iron articles originating in the People's Republic of China and terminating the
investigation for India.
On admissibility, the CCCME claimed to be a representative association of importers or exporters of the
product concerned in the sense of the basic regulation and therefore had procedural rights. Although the
basic regulation grants certain procedural rights to representative associations of importers or exporters of
the dumped product, that regulation does not define the concept of such a representative association. The CJ
clarified that the concept of a 'representative association of importers or exporters' must be understood as
designating an association whose purpose includes representing the collective and general interests of
importers or exporters of a dumped product provided that the association, first, enjoys independence as
regards the authorities of that State in order to be able to ensure such representation and, second, that
its membership includes a large number of importers or exporters whose imports or exports of that product
are significant. The memorandum and articles of association of the CCCME indicated that the association is
under the supervision, management and business guidance of two Chinese ministries and that it conducts its
relevant activities in accordance with appointment and authorisations of the Chinese Government. Therefore,
based on the evidence on file, the CJ confirmed that the CCCME did not have sufficient independence as
regards the Chinese State to be able to be regarded as a 'representative association' of exporters of the
product concerned. In addition, the CCCME had not demonstrated that its members included many importers
or exporters of the product concerned, nor that exports of that product by its members were significant.
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The CJ also concluded that the CCCME did not have standing to bring a direct action for annulment. That
action is inadmissible in so far as it was brought by the CCCME in its own name. However, the CJ
confirmed that the CCCME is empowered to represent its members in legal proceedings. The Court
concluded that an association’s right to bring legal proceedings on behalf of its members is not subject to a
condition relating to the ‘representativeness of that association for the purposes of the legal tradition
common to the Member States’ and therefore, in essence, relating to being organised democratically.
On substance, the Court rejected all grounds of the appeal and confirmed the judgment of the GC of which
the most relevant points are as follows.
In relation to the need to examine causality by market segment, the CJ confirmed that an analysis of the
causal link between the imports of the product concerned and the injury of the industry as a whole is
sufficient. The injury assessment by segment was not required in this case because the products in question
were sufficiently interchangeable. Indeed, those types of products being sufficiently interchangeable ensures
that the market is not characterised by marked segmentation and, additionally, that the analysis of price
undercutting is objective. Furthermore, the finding that an assessment by segment is not required when
examining injury also applies in relation to the examination of the causal link. The CJ concluded that it can
be deduced from the interchangeability of the products that sales of the EU products will be affected by the
dumped imports irrespective of the segment relating to those products or imports.
The CCCME claimed that the Commission failed to observe its procedural guarantees on the ground that it
did not disclose the information relevant to the determination of dumping and injury. The GC rejected this
claim. It recalled the balance between the right of defence and the protection of confidential information and
insisted on the difference between an exporting producer and an association representing an industry. The CJ
recalled that the CCCME indicated clearly during the proceeding that it was involving itself on behalf of the
overall interests of the Chinese cast iron exporting industry and not in the name of the individual interests of
its members, as is required for it to be able to exercise the procedural rights of the latter. The CJ recalled that
an association’s ability to exercise the procedural rights of certain of its members is subject to the condition
that that entity has demonstrated, during the investigation, the intention to act as the representative of certain
of its members, which presupposes that those members have been identified and that the entity has received,
from them, a mandate enabling it to exercise those procedural rights on their behalf. The CJ confirmed that
the Commission was entitled to refuse the association access to the confidential details of the calculations
and confirmed that the information which had been communicated to CCCME allowed it to make its views
known. The CJ stated that procedural rights are specific to the person on whom they are conferred and held
that it is the concerned parties themselves that must be able to effectively exercise those rights. The CJ
confirmed that CCCME’s members had not made requests seeking disclosure of these calculations during the
proceeding. The CJ recalled that the basic regulation confers procedural rights and guarantees on certain
interested parties, but the exercise of those rights and guarantees depends on the active participation by those
parties in the proceedings in question. The CJ stated that the volume of information requested by the
association was such that accepting such a claim for information adapted for the sole of the applicant need
could have impeded the investigation (subject to strict time limits).
When it comes to import volumes data, the CJ confirmed that the GC set out, without making an error of law
or imposing an unreasonable burden of proof, the conditions for an applicant to be able legitimately to
challenge the reliability of certain data used by the Commission. Indeed, such a challenge cannot merely
provide alternative data, but must also set out the reasons why such alternative data are more reliable that
those used by the Commission. The CJ confirmed that the Commission rightly relied on Eurostat data to
establish, following adjustments, the import volumes and was not obliged to collect import lists, transaction
by transaction, from the customs authorities of all the Member States as this would be disproportionate. The
CJ also confirmed that the Commission was not required to compile a data sample by collecting certain more
detailed data from the national customs authorities. This finding does not contravene the obligation on the
Commission to make an examination on its own initiative, since it did not appear that collecting a sample
from the national customs authorities would have made it possible to obtain data more reliable than the
Eurostat data used by the Commission.
In the examination of the impact of the dumped imports on the EU industry prices, which is undertaken for
the purposes of the determination of injury, the Commission was unable to compare 37,4% of the sales of the
sampled EU producers because there were no sales of the same products by Chinese exporters. However, the
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CJ confirmed that the fact that the Commission was able to establish that there was an undercutting margin
ranging from 31,6% to 39,2%, covering 62,6% of EU sales constitutes significant price undercutting which is
capable of being classified as having a material impact on the EU industry. The CJ recalled that while the
basic regulation sets out certain matters to be taken into consideration in the determination of injury caused
by the dumped imports, it does not lay down any precise method for analysing price undercutting. Since that
determination involves complex economic assessments, the Commission enjoys a broad discretion. The
Court also considers that the basic regulation does not provide that the Commission is required, in all
circumstances, to take account of all the products sold by the EU industry, including the product types in
question not exported by the sampled exporting producers, in the determination of injury caused by dumped
imports.
Cases T-126/21 - Nevinnomysskiy Azot and NAK "Azot" v Commission
On 5 July 2023, the GC annulled Commission Implementing Regulation (EU) 2020/2100
30
imposing a
definitive anti-dumping duty on imports of ammonium nitrate originating in Russia following an expiry
review pursuant to Article 11(2) of the basic anti-dumping Regulation.
The GC considered that the conditions relating to the sufficiency of the evidence in a request for a review
made by or on behalf of Union producers, within the meaning of the second subparagraph of Article 11(2) of
the basic anti-dumping Regulation, are satisfied where such evidence is submitted no later than three months
before the end of the measures.
According to the GC, after the legal time limit and within the three-month period preceding the end of the
measures, Union producers may submit additional information. However, such evidence cannot constitute
new arguments, nor can it replace the request for a review lodged within the legal time limit or remedy the
insufficiency of the evidence contained therein.
As regards the facts of the case, the GC found that the Commission relied on a dumping margin calculation
provided after the legal deadline to initiate the expiry review. It also stated that it is in no way apparent from
the notice of initiation or the regulation imposing definitive duties that the original request lodged before the
three-months deadline contained sufficient evidence to open an expiry review.
The GC considered that the new dumping calculation provided after the three-month deadline did not consist
of a mere clarification of the evidence contained in the original request. It follows that since that evidence
was filed after the expiry of the legal time limit, the Commission could not rely on it in deciding to initiate
the expiry review following the request for a review.
Accordingly, the GC found that the Commission infringed Article 11(2) of the basic anti-dumping regulation
and annulled the regulation imposing definitive anti-dumping duties.
The judgment is under appeal.
8.
A
CTIVITIES BY THIRD COUNTRIES TARGETING THE
EU
The main developments and trends regarding third country trade defence actions in 2023 are presented
below. In addition, this section also highlights important cases initiated by countries that use the instruments
less frequently but have an impact on EU exports.
The main users of the trade defence instruments against EU exports remain the United States with 38
measures in force, China, and Türkiye, with 18 measures each, followed by Brazil and Indonesia, each with
11 measures imposed. The list of frequent TDI users against the EU is complemented by Canada, with 9
definitive measures in place, ahead of Australia, Madagascar, and South Africa, each with 7 measures in
place impacting EU exports.
30
Commission Implementing Regulation (EU) 2020/2100 of 15 December 2020 imposing a definitive anti-dumping duty on imports of ammonium
nitrate originating in Russia following an expiry review pursuant to Article 11(2) of the Regulation (EU) 2016/1036 of the European Parliament and
of the Council (OJ L 425, 16.12.2020, p. 21–78)
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2909608_0063.png
United States
Overall trends
In 2023, the US initiated 4 new trade defence investigations affecting EU exports. After two years of a
slowdown in the trend of new investigations (1 new investigation in 2022 and none in 2021), this was a
significant increase in new cases. At the end of 2023, the US had 38 measures in force affecting EU imports
(32 AD, 5 AS and 1 SFG). In the course of 2023, 1 new AD measure on preserved mushrooms was imposed
and 1 SFG measure on large residential washers expired.
Main cases
Tin mill products AD
The investigation concerning imports of tin mill products from Germany and the Netherlands was initiated
on 7 February 2023. The applicants alleged significant dumping margins, namely 44% for Germany and up
to 294% for the Netherlands. Given that the economic interest in this case is €1 billion, higher than in any
other US trade defence case against the EU or its Member States to date, the Commission has been very
active in this investigation in support of the exporters concerned. On 17 August 2023, the US Department of
Commerce made a preliminary determination of 7% dumping of imports from Germany and no dumping of
imports from the Netherlands.
In January 2024, the investigation was officially terminated.
Paper shopping bags AD
On 20 June 2023, the US initiated an anti-dumping investigation into imports of paper shopping bags from
Portugal. The petitioners alleged dumping margins of up to 189%. The economic interest in this case is €17
million. The Commission has been active in support of the exporters concerned since the start of the
investigation.
Ripe olives AD and AS
On 3 July 2023, the US International Trade Commission launched an expiry) review of the duties against
ripe olives from Spain. The US initially imposed the measures on 1 August 2018.
The EU economic interest, before the imposition of measures, was €67 million. The AS measures target
support measures under the EU Common Agricultural Policy (CAP), which the EU considers as “green box”,
i.e., they comply with the WTO Agreement on Agriculture. The Commission challenged these duties before
the WTO and on 20 December 2021, the WTO Dispute Settlement Body adopted the final panel report
declaring these duties inconsistent with WTO rules. Despite the favourable panel report, the measures remain
in place. The Commission considered that the US had failed to implement the WTO ruling and, when
consultations did not deliver results, requested the establishment of a compliance panel, which was
composed on 31 July 2023. In February 2024, the WTO circulated the compliance panel report. The report
confirmed the EU’s claim that the US had not complied with the previous WTO ruling. It presents a clear
and full win for the EU. The EU is expecting the US to take swift action to ensure the full implementation of
the WTO ruling and the removal of the duties.
Mattresses AD
On 1 August 2023, the US authorities initiated an anti-dumping investigation on imports of mattresses from
Bulgaria, Italy, Poland, Slovenia and Spain. Petitioners alleged extremely high dumping margins, between
43% and 1094%. The economic interest in this case is €415 million. The Commission has been active in
support of the exporters concerned since the start of the investigation.
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2909608_0064.png
Aluminium extrusions AD
This investigation was initiated on 25 October 2023 against imports of aluminium extrusions from Italy, with
petitioners alleging a dumping margin of 42%. The economic interest in this case is €104 million. Since the
start of the investigation, the Commission has been active in support of the exporters concerned.
China
Overall trends
In 2023, China's trade defence activity towards the EU continued to be rather limited. The total number of
measures in force against the EU at the end of 2023 was 18 (17 AD, 1 AS), unchanged since 2022. China did
not initiate any new investigations or impose any new measures in 2023.
Main cases
Potato starch AS
In September 2022, China initiated a second expiry review of the AS measures regarding imports of potato
starch from the EU. The initial measures were imposed in 2011 and in 2017. The Commission actively
intervened in support of the EU producers, arguing that, following the reform of the EU's common
agricultural policy (CAP) the subsidies subject to the measure are not specific, not actionable and fully
compliant with the WTO Agreement on Agriculture and the WTO Agreement on Subsidies and
Countervailing Measures. On 14 September 2023, the Chinese Ministry of Commerce decided to extend the
measures for another five years.
Türkiye
Overall trends
At the end of 2023, Türkiye had 18 measures in force affecting the EU (11 AD and 7 SFG). In November
2023, Türkiye initiated 4 new trade defence investigations affecting EU exports (1 new SFG investigation
targeting imports of hot-rolled bars and rods and 3 new anti-circumvention (AC) investigations on solar
panels from Croatia, on imports of woven fabrics and on PU leather). The Commission continues to follow
all the cases closely and will intervene, in support of the EU industry, as appropriate.
Türkiye imposed provisional SFG measures on imports of hot-rolled bars and rods and extended definitive
SFG measures on Polyethylene terephthalate (PET) in December 2023.
Main cases
Woven fabrics AC
This anti-circumvention investigation concerning woven fabrics of synthetic filament yarn and woven fabrics
of synthetic and artificial stable fibres was initiated in January 2023. Given the high economic interest of
€238 million, the Commission has made several interventions in support of EU industry and Member States
and will continue to do so as the investigation continues.
PU leather AC
This investigation concerning the exports of PU leather from Bulgaria and France was initiated in January
2023. It is linked to an AC measure on the same product against Greece, through the same AD measure,
which was concluded in June 2022 and where the Commission intervened on several occasions.
Bars and Rods SFG
This investigation was initiated in November 2023. The economic interest in this case is €218 million. The
Commission has been active in support of the exporters concerned since the start of the investigation. The
provisional measures were imposed on 31 December 2023 ($175 per ton) and will be in force for 200 days.
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Brazil
Overall trends
Brazil remains one of the main users of TDI against the EU. At the end of 2023, there were 11 AD measures
in force against EU exports, the same as in 2022. Brazil did not initiate any new investigations against the
EU in 2023.
Canada
Overall trends
In 2023, Canada did not initiate any investigations or impose any new measures against the EU. At the end
of 2023, Canada had 9 (8 AD, 1 AS) measures in force concerning the EU.
Indonesia
Overall trends
Indonesia remains one of the most frequent users of safeguard investigations in the world, regularly resorting
to SFG, rather than AD or AS.
By the end of 2023, the number of measures imposed by Indonesia increased to 11 (compared to 9 in 2022).
Indonesia's safeguard measures are increasingly in place for long periods of time, with extensions being
routine.
In addition, Indonesia initiated 5 new SFG investigations concerning imports of artificial filament yarn,
woven fabrics of artificial filament yarn, mineral wool, cotton fabrics and cotton yarn. Indonesia initiated 4
SFG reviews in 2023 on imports of carpets, fructose syrup, knitted or crocheted fabrics and cigarette paper
with a total EU economic interest of around €25 million.
Main cases
Cigarette paper SFG
Indonesia initiated the investigation in October 2020. Given the significant economic interest of the EU
(exports worth €6,3 million in 2019), the Commission, at the request of the European paper industry
association (CEPI), together with AT and ES, intervened several times. Definitive measures were imposed in
November 2021 in the form of a specific duty for a period of two years. In June 2023, Indonesia initiated an
expiry review and the Commission, in close cooperation with the EU industry, intervened throughout the
investigation, including WTO consultations. The Ministerial Decree extending the measures for a further
three years was published on 27 December 2023.
Australia
Overall trends
Australia is not the most frequent user of TDIs against the EU but has increased its activity since 2013. At
the end of 2023, Australia had a total of 7 AD measures in force against the EU, the same as in 2022.
During 2023, the Australian Anti-Dumping Commission initiated 3 expiry review investigations concerning
imports of railway wheels from France, ammonium nitrate from Sweden, and Quenched and tempered steel
plate from Finland and Sweden. In addition, Australia initiated a revocation review on A4 copy paper from
Austria, Slovakia and Finland and a reinvestigation on imports of rebar from Spain.
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Australia did not initiate any new investigations on imports from the EU but terminated an investigation on
imports of ammonium nitrate from Lithuania.
Investigation on ammonium nitrate AD
The investigation, initiated by the Australian Anti-Dumping Commission on 8 June 2022, had a direct impact
on one of the largest EU fertilizer producers located in Lithuania. The Commission submitted written
arguments both after the initiation and after the preliminary report (EU economic interest around €5 million).
The Australian investigating authority ultimately determined that imports from Lithuania had not caused, and
did not threaten to cause, material injury to the Australian industry producing like products and terminated
the investigation in its entirety on 8 August 2023, without imposing measures.
Madagascar
Overall trends
Madagascar's trade defence activity was not significant prior to 2023. However, last year the National Trade
Remedies Authority initiated 4 new SFG investigations impacting the EU (napkins and nappies, concentrated
milk, flour, and woven sacks and sheaths of polypropylene), compared to 1 in 2022 and none the year before.
In addition, Madagascar imposed 3 new SFG measures in 2023 bringing the total number of definitive SFG
measures imposed to 7 compared to 4 in 2022.
South Africa / Southern African Customs Union
Overall trends
At the end of 2023, there were 7 measures in force, 4 AD (frozen bone-in portions of chicken, ropes and
cables, frozen potato chips and frozen chicken) and 3 SFG (bolts, screws and threaded fasteners).
Definitive AD measures on imports of frozen chicken from Denmark, Ireland, Spain and Poland were
imposed in August 2022 and immediately suspended for 1 year. The suspension was lifted in August 2023.
No new investigation was initiated in 2023. At the end of 2023, the Southern African Customs Union had 1
AD measure in force against the EU (pasta).
Main cases
Frozen chicken AD
Following an expiry review of the AD measures originally imposed in 2015, the original duty levels on
imports from the Netherlands and Germany were upheld and extended until 2026. In addition, a new AD
investigation on frozen poultry from Denmark, Ireland, Spain and Poland was initiated on 24 February 2021
and concluded with the imposition of definitive measures in August 2022. Ad valorem duties ranged from
3% to 96% but were immediately suspended until August 2023. Due to the difficulties of the local
population to have access to an affordable source of protein, in October 2023, ITAC launched an
investigation into the possible rebate of ordinary customs duties including AD duties. The investigation was
concluded in February 2024 with no rebate for AD duties on EU imports. EU economic interest is around
€100 million.
Ukraine
Overall trends
2023 was another difficult year for Ukraine, following the invasion and war of aggression started by the
Russian Federation on 24 February 2022. In February 2022, Ukraine put on hold all its ongoing TDI
investigations and no new investigations have been opened since.
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Other important cases
Super absorbent polymer (SAP) AD
In November 2021 the Gulf Cooperation Council (‘GCC’) initiated an anti-dumping investigation
concerning imports of super absorbent polymer imported by the Kingdom of Saudi Arabia from Belgium,
France, China, Japan, Singapore and South Korea. The Commission has intervened to ensure access of the
EU exports worth €9 million. On 28 November 2022, the GCC issued the Final Report, which recommended
excluding imports from Japan due to their small volume while it determined the existence of dumping by
imports from China, Belgium, Singapore, the Republic of Korea and France, with dumping margins ranging
from 2% to 124%. Definitive measures in the form of ad valorem were imposed on 4 March 2023, for a
period of five years.
9.
A
CTIVITIES IN THE FRAMEWORK OF THE
WTO
9.1 Dispute settlement in the field of trade defence
The WTO procedure for the settlement of disputes between WTO Members concerning the application of the
WTO agreements is divided into two main stages.
The first stage consists of bilateral consultations between the WTO Members concerned. If those
consultations fail to settle the dispute, the second stage can be opened by requesting the WTO Dispute
Settlement Body to establish a panel.
WTO Members, other than the complaining and defending parties, with an interest in a given dispute, can
intervene as 'third parties' before the panel.
The panel issues a report, which must be adopted by the WTO Dispute Settlement Body (DSB) in order to
become binding between the parties to the dispute. In a fully functioning WTO dispute settlement system
(see further below), panel reports first can be appealed before the WTO Appellate Body (AB) (each appeal
being heard by three members of a permanent seven-member body set up by the Dispute Settlement
Understanding (DSU)).
Both the panel report and the report by the AB are adopted by the Dispute Settlement Body (DSB) unless the
DSB rejects the report by unanimity. The findings of a panel report or an AB report must be implemented by
the WTO Member whose measures have been found to be inconsistent with the relevant WTO Agreements.
If the complaining WTO Member is not satisfied with the way the reports are implemented, it can ask for the
establishment of a so-called 'implementation panel'. Here too, an appeal against the findings of the panel is
possible.
Anti-dumping, anti-subsidy and safeguards measures are among the most common subject matters in WTO
dispute settlement. The EU is also an active participant in WTO dispute settlement proceedings as a third
party in relation to TDI.
Regarding the procedures, it should be noted that, since 11 December 2019, due to the blockage of new
appointments to the AB, the WTO dispute settlement system is not able to function fully, because there are
no members on the Appellate Body. This affects the capacity of the WTO dispute settlement system to
deliver binding resolutions of trade disputes and undermines rules-based international trade.
The EU continues its efforts to find, together with the WTO Membership, a lasting solution to this situation.
Pending a solution, the EU, together with certain other WTO Members, created a workaround arrangement
to apply as long as the appointments to the AB remain blocked. Known as the ‘MPIA’, the Multi-party
interim appeal arbitration arrangement allows its participating WTO Members to bring appeals and solve
disputes within the framework of the DSU despite the current paralysis of the AB. It achieves this through
the conclusion of agreements between participating WTO Members to have appeals in disputes between
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them dealt with by way of arbitration within the framework of the DSU. In this way, the MPIA provides a
functioning, binding, two-tier and independent dispute settlement system in the disputes that it covers. It
mirrors the usual WTO appeal rules and, for as long as the AB remains unable to function fully, can be used
between any Members of the WTO that join the MPIA.
DS 618: Countervailing duties on imports of biodiesel from Indonesia
In August 2023, Indonesia requested consultations with the European Union regarding the definitive
countervailing duties on imports of biodiesel from Indonesia. In October 2023, Indonesia requested the
establishment of a panel.
Indonesia claimed that the definitive countervailing duties on imports of biodiesel from Indonesia and the
investigation leading to their imposition are inconsistent with certain provisions of the ASCM. Indonesia
alleges that the countervailing duties adopted by the EU are in contravention of the WTO Agreement on
Subsidies and Countervailing Measures. Indonesia is challenging the Commission’s determination
concerning Government support to the biodiesel industry through direct transfer of funds via the ‘Biodiesel
Subsidy Fund’ and also the provision of crude palm oil (“CPO”) for less than adequate remuneration.
Indonesia is also challenging the threat of injury and the causal link analysis made by the Commission.
On 13 October 2023, Indonesia requested the establishment of a panel. At its meeting on 26 October 2023,
the DSB deferred the establishment of a panel.
DS 616: Countervailing and Anti-Dumping Duties on Stainless Steel Cold-Rolled Flat Products from
Indonesia
On 24 January 2023, Indonesia requested consultations with the European Union with respect to
countervailing and anti-dumping measures imposed by the European Union on imports of stainless-steel
cold-rolled flat products from Indonesia. Indonesia claimed that the measures are inconsistent with a number
of provisions of the WTO Agreement on Subsidies and Countervailing measures (ASCM) and the Anti-
Dumping Agreement.
The main issue raised by Indonesia is the legality of the ‘attribution theory’ used in EU trade defence policy,
whereby financial contributions formally paid by the Chinese government are attributed to a third country
government, in this case the Government of Indonesia. This attribution was made because of a substantive
body of evidence demonstrating that Indonesia ‘acknowledged and adopted’ the subsidizing conduct of the
Chinese state as its own. The theory was used for the first time in the Egyptian Glass-Fiber Fabric case,
where the General Court approved the Commission’s use of the attribution theory.
Indonesia also contested the part of the EU Regulation concerning the provision of nickel ore at less than
adequate remuneration, in particular the treatment of the Indonesian mining companies as public bodies or
private bodies being entrusted or directed by the government, the selection of the appropriate benchmark for
nickel ore and the calculation of the benefit.
Consultations between the EU and Indonesia took place on 13 March 2023 but failed to resolve the dispute.
On 17 April 2023, Indonesia requested the establishment of a panel. At its meeting on 30 May 2023, the
DSB established a panel. Following the agreement of the parties, the panel was composed on 13 September
2023. Argentina, Australia, Brazil, Canada, China, Egypt, India, Japan, Korea, the Russian Federation,
Singapore, Chinese Taipei, Thailand, Türkiye, Ukraine, the United Kingdom, and the United States reserved
their third-party rights.
DS494: European Union – Cost Adjustment Methodologies and Certain Anti-Dumping Measures on
Imports from Russia
On 24 July 2020, the panel circulated to all WTO Members its final report in DS494 European Union – Cost
Adjustment Methodologies and Certain Anti-Dumping Measures on Imports from Russia. Both the EU and
Russia appealed the report. However, with the ongoing difficulties in the WTO Dispute Settlement, there
was no progress in 2023.
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DS521: European Union — Anti-Dumping Measures on Certain Cold-Rolled Flat Steel Products from
Russia
The case dates from January 2017, when the Russian Federation requested consultations with the European
Union concerning anti-dumping measures imposed by the European Union on imports of certain cold-rolled
flat steel products from the Russian Federation. Consultations with Russia took place on 8 June 2017.
Almost two years later, on 13 March 2019, the Russian Federation requested the establishment of a panel.
The panel was established on 16 March 2020. Written procedure took place during the summer 2020
whereas the first substantive meeting planned for the autumn was postponed due to COVID-19 related travel
restrictions. In March 2022 and again in July 2023, the Chair of the panel informed the DSB that it had
granted the Russian Federation's requests of March 2022 and June 2023, that the panel suspend its work
pursuant to Article 12.12 of the DSU. In granting the suspension of the panel in July 2023, the Chair of the
panel noted that, pursuant to Article 12.12, if the work of the panel has been suspended for more than 12
months, the authority for establishment of the panel shall lapse.
DS591: Anti-Dumping Duties by Colombia on Frozen Fries from Belgium, Germany and the Netherlands
In 2023, the Commission continued to participate in the WTO dispute settlement proceeding regarding the
AD measures on frozen fries by Colombia, which started in January 2020 with WTO consultations. The
outcome, in December 2022, was largely in favour of the EU. Colombia issued on 7 December 2023 the
Status Report to the Chairman of the Dispute Settlement Body, in which Colombia claims that it had
completed the implementation of the ruling. The Commission is assessing the implementation by Colombia.
9.2 Meetings of the WTO Anti-dumping, ASCM and Safeguards Committees.
Twice yearly in spring and autumn meetings of the Subsidies and Countervailing, Anti-dumping and
Safeguards Committees are held in the WTO. In the context of the Anti-dumping Committee, the WTO also
hosts a Working Group on Implementation where members share their practical approach in anti-dumping
investigations. In addition, in May 2023, the WTO hosted a workshop for the heads of investigating
authorities.
The meetings give WTO Members the opportunity to monitor the implementation of the agreements by
investigating authorities, as well as providing a forum to exchange views and concerns on trade defence
cases. The EU plays an active part in all the Committees by raising issues of concern while defending its
own actions in the field of trade defence.
In addition to the Safeguard Committee, there are also meetings of the Working Group on Implementation
and two informal sessions dedicated to the so-called “Friends of Safeguard Investigations”. The Committee
facilitates an exchange of opinions and information of a procedural and more general nature between WTO
Members. In this context, Members discussed the US proposal to transfer the informal "Friends of Safeguard
Investigations" group to the Committee, but no consensus was reached due to India's opposition.
Individual cases of concern account for most of the exchanges in the WTO Safeguards Committee. One such
case was the EU steel safeguard, which was the most scrutinised safeguard measure on the agenda at both
meetings. The EU participated actively in the discussions regarding the measure and responded to comments
made by WTO Members. Many maintained the previous argument that the safeguard measure should have
been terminated, while others argued that the measure should not have been extended. On the other hand, the
EU also raised concerns about the safeguard practices of other WTO Members. In particular, the EU
questioned the continuation of a worrying trend of overuse and misuse of the safeguard instrument, with poor
standards of initiation, inadequate disclosure and lack of transparency. The EU's intervention on proliferation
of safeguards was welcomed and appreciated by some other WTO Members.
In the Anti-Dumping Committee, the EU raised concerns about the US investigation on tin mill products
from, inter alia, Germany and the Netherlands. The lack of evidence of dumping, as well as the fact that the
case was tantamount to a safeguard investigation covering almost all imports into the US, were highlighted.
The EU defended its actions against criticisms levelled by other members on some cases, including Bulb Flat
from Türkiye, Fatty Acid from Indonesia and Ductile tubes and pipes from India. In addition, the EU
rebutted unfounded criticisms from China regarding the long duration of some measures.
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The EU participated in the Anti-dumping Working Group on Implementation which was held only once in
2023. The discussion centred around average, benchmark and account-specific prices and price analysis in
injury proceedings and non-attribution analysis in causal link determination.
Under the ASCM, subsidy notifications, which are made every second year, were due in 2023. The
Commission submitted the EU’s Subsidy notification covering subsidies granted at EU level as well as those
of the Member States. These will be reviewed in the Spring 2024 meeting of the ASCM Special Committee.
Despite notification being an obligation under the Agreement, an update on the state of play by the WTO
Secretariat in October 2023 showed that only a third of members had complied. Therefore, in the ASCM
Committee, the EU continued to push for greater compliance with the notification obligations as this is
critical for understanding the impact of subsidies in global trade. To encourage members in this exercise, the
Commission provided guidance on how to make a subsidy notification in an event organised by the WTO
Secretariat in June 2023.
In the regular Committee on Subsidies and Countervailing Measures, the EU defended its decision to open
an anti-subsidy investigation into battery electric vehicles from China in response to criticisms about the case
from the latter. The EU raised China’s decision to continue measures on potato starch from the EU,
following an expiry review, despite the subsidies being neither specific nor actionable. The impact of
subsidies in creating overcapacities and the effects on developing countries was also discussed in the
Committee.
The Workshop for the Heads of Investigating Authorities included presentations and exchanges on topics
including, developments in legislation and practice, challenges related to resources & training and
conducting investigations during the pandemic as well as Administrative, Arbitral and Judicial Reviews. In
June 2023 the EU, on behalf of the 27 Member States, accepted the WTO Agreement on Fisheries Subsidies
which had been concluded at the 12th Ministerial conference the previous year. The Agreement will enter
into force once two-thirds of the WTO members have accepted it. The WTO negotiations continue on the
outstanding issues to achieve a comprehensive agreement.
Also in 2023, the WTO co-sponsor members taken forward the subsidies related work strands under the
WTO Fossil Fuel Subsidy Reform initiative
31
and on Trade and Environmental Sustainability Structured
Discussions
32
Trilateral cooperation with US and Japan continued throughout 2023 focussing on tackling market-distortive
policies and practices, including subsidies that currently are not sufficiently addressed by WTO rules. While
there were limited exchanges on coordination of tools and the rule-making side, it was acknowledged that the
current ASCM rules are not well suited to capture all subsidy practices, particularly in China. In addition, the
partners concentrated on identifying concrete examples and exchanging information on non-market
behaviour across various sectors, and on potential tools to address the identified practices.
31
32
https://www.wto.org/english/tratop_e/envir_e/fossil_fuel_e.htm
https://www.wto.org/english/tratop_e/tessd_e/tessd_e.htm
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LIST OF ANNEXES
ANNEXES
ANNEX A
ANNEX B
ANNEX C
SUMMARY
New investigations initiated during the period 1 January - 31 December 2023
New investigations initiated
New investigations concluded by the imposition of provisional duties during the period 1
January - 31 December 2023
New investigations concluded by the imposition of definitive duties during the period 1
January - 31 December 2023
New investigations terminated without imposition of measures during the period 1
January - 31 December 2023
Expiry reviews initiated or concluded during the period 1 January - 31 December 2023
Interim reviews initiated or concluded during the period 1 January - 31 December 2023
Other reviews concluded during the period 1 January - 31 December 2023
New exporter reviews initiated or concluded during the period 1 January - 31 December
2023
Anti-absorption investigations initiated or concluded during the period 1 January - 31
December 2023
Anti-circumvention investigations initiated or concluded during the period 1 January - 31
December 2023
Safeguard investigations initiated or concluded during the period 1 January - 31
December 2023
Undertakings accepted or repealed during the period 1 January - 31 December 2023
Measures which expired during the period 1 January - 31 December 2023
Definitive anti-dumping measures in force on 31 December 2023
Definitive anti-subsidy measures in force on 31 December 2023
Undertakings in force on 31 December 2023
Anti-dumping & anti-subsidy investigations pending on 31 December 2023
ANNEX D
ANNEX E
ANNEX F
ANNEX G
ANNEX H
ANNEX I
ANNEX J
ANNEX K
ANNEX L
ANNEX M
ANNEX N
ANNEX O
ANNEX P
ANNEX Q
ANNEX R
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ANNEXES
ANNEX S
ANNEX T
Court cases
SUMMARY
Safeguard and surveillance measures in force on 31 December 2023
ANNEX A
New investigations initiated
during the period 1 January - 31 December 2023
A. Anti-dumping investigations (chronological by date of publication)
Country of
origin
Product
Electrolytic manganese dioxides (certain)
OJ Reference
People's Republic of 16.02.2023
China
C57/11
[AD692]
People's Republic of 30.03.2023
China
C115/5
[AD693]
People's Republic of 11.08.2023
China
C282/4
[AD694]
People's Republic of 13.11.2023
China
C/2023/783
[AD698]
People's Republic of 13.11.2023
China
C/2023/786
13.11.2023
[AD696]
Egypt
United States of
America
India
15.11.2023
C/2023/1033
[AD697]
16.11.2023
C/2023/891
[AD695]
Polyethylene terephthalate (PET)
Alkyl Phosphate Esters (certain)
Mobile access equipment
Titanium dioxide
Polyvinyl Chloride
Optical fibre cables (OFC)
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Product
Erythritol
Country of
origin
OJ Reference
People's Republic of 21.11.2023
China
C/2023/1020
[AD699]
People's Republic of 20.12.2023
China
C/2023/1574
[AD700]
Biodiesel
B. Anti-subsidy investigations (chronological by date of publication)
Country of
origin
Product
New battery electric vehicles for passengers
OJ Reference
People's Republic of 04.10.2023
China
C/2023/160
[AS689]
People's Republic of 21.12.2023
China
C/2023/1567
[AS701]
Alkyl Phosphate Esters (certain)
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ANNEX B
A) New investigations initiated by product sector during the period 2019 -
2023 (31 December)
2019
1
-
-
-
7
-
7
-
-
-
-
1
16
Of which
anti-dumping
anti-subsidy
11
5
Product sector
Aluminium
Ceramics
Chemical & allied
Electronics
Iron & steel
Minerals
Other
Other mechanical engineering
Other metals
Plastics & Rubber
Textiles
Wood and paper
2020
4
-
2
2
6
-
-
-
-
-
-
1
15
12
3
2021
-
2
2
2
6
-
1
-
-
1
-
-
14
11
3
2022
-
-
1
-
3
-
-
-
-
-
1
-
5
4
1
2023
-
-
4
1
-
-
3
1
-
3
-
-
12
10
2
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2909608_0075.png
B) New investigations initiated by country of export during the period 2019 -
2023 (31 December)
2019
1
-
4
-
2
-
7
1
-
-
1
-
-
16
Country of origin
Bahrain
Brazil
Egypt
India
Indonesia
Morocco
People's Republic of China
Republic of Korea
Russian Federation
Saudi Arabia
Taiwan
Türkiye
United States of America
2020
-
-
-
1
1
-
8
-
1
1
-
2
1
15
2021
-
1
-
2
2
1
4
1
1
-
-
2
-
14
2022
-
-
-
-
1
-
3
-
-
-
-
1
-
5
2023
-
-
1
1
-
-
9
-
-
-
-
-
1
12
74
 kom (2024) 0413 - Ingen titel
2909608_0076.png
ANNEX C
Imposition of provisional duties
during the period 1 January - 31 December 2023
A. Anti-dumping investigations (chronological by date of publication)
Country of
origin
Product
Stainless steel refillable kegs
Regulation N
O
OJ Reference
12.01.2023
L 10/36
[AD689]
12.07.2023
L177/63
[AD691]
13.10.2023
L/2023/2120
[AD692]
28.11.2023
2023/2659
[AD693]
People's Republic of 11.01.2023
China
Bulb flat
People's Republic of 11.07.2023
China
Türkiye
Electrolytic manganese dioxides (certain) People's Republic of 12.10.2023
China
Polyethylene terephthalate (PET)
People's Republic of 27.11.2023
China
B. Anti-subsidy investigations (chronological by date of publication)
Country of
origin
-
-
Product
None
Regulation N
O
-
OJ Reference
75
 kom (2024) 0413 - Ingen titel
2909608_0077.png
ANNEX D
New investigations concluded by the imposition of definitive duties
during the period 1 January - 31 December 2023
A. Anti-dumping investigations (chronological by date of publication)
Country of
origin
Morocco
Product
Aluminium road wheels
Regulation N
O
11.01.2023
OJ Reference
12.01.2023
L 10/1
[AD686]
19.01.2023
l18/1
[AD687]
10.02.2023
L 41/1
[AD684]
12.05.2023
L127/58
[AD690]
04.07.2023
L169/1
[AD689]
Fatty Acid
Indonesia
18.01.2023
Ceramic tiles
India
Türkiye
09.02.2023
Polyester yarn (High tenacity)
People's Republic of 11.05.2023
China
Stainless steel refillable kegs
People's Republic of 03.07.2023
China
B. Anti-subsidy investigations (chronological by date of publication)
Country of
origin
-
-
Product
None
Regulation N
O
-
OJ Reference
76
 kom (2024) 0413 - Ingen titel
2909608_0078.png
ANNEX E
New investigations terminated without the imposition of measures
during the period 1 January - 31 December 2023
A. Anti-dumping investigations (chronological by date of publication)
Country of
origin
Product
None
Decision N
O
OJ Reference
B. Anti-subsidy investigations (chronological by date of publication)
Country of
origin
Indonesia
-
Product
Fatty acid
Decision N
O
OJ Reference
20.03.2023, OJ
L80/99
[AS688]
77
 kom (2024) 0413 - Ingen titel
2909608_0079.png
ANNEX F
Expiry reviews initiated or concluded
during the period 1 January - 31 December 2023
(chronological by date of publication)
Initiated
Product
Cast iron articles (certain)
Country of
origin
OJ Reference
People's Republic of 27.01.2023
China
C 30/11
[R788]
People's Republic of 08.02.2023
China
C 48/32
[R790]
People's Republic of 03.03.2023
China
C80/56
[R792]
People's Republic of 14.04.2023
China
C130/8
[R793]
India
30.06.2023
People's Republic of C 230/160
China
[R795]
Russian Federation
02.10.2023
C/2023/93
[R801]
Corrosion resistant steel (CRS)
Seamless pipes and tubes of iron or steel (certain)
Steel ropes and cables
Oxalic acid
Seamless pipes and tubes of iron or steel
Tyres for buses or lorries (new and retreaded)
People's Republic of 20.10.2023
China
(C/2023/379)
[R802]
People's Republic of 08.11.2023
China
C/2023/614
[R803]
People's Republic of 10.11.2023
China
C/2023/711
[R804]
Lever arch mechanisms
Tyres for buses or lorries (new and retreaded)
78
 kom (2024) 0413 - Ingen titel
2909608_0080.png
Concluded: confirmation of duty
Product
Aluminium road wheels (certain)
Country of
origin
Regulation /
Decision
N
O
OJ Reference
19.01.2023
L18/66
[R759]
13.04.2023
L100/16
[R754]
14.04.2023
L101/22
[R758]
12.05.2023
L127/1
[R760]
17.05.2023
L133/214
[R761]
31.05.2023
L141/16
[R773]
07.06.2023
L147/27
[R763]
07.06.2023
L147/5
[R762]
08.06.2023
L148/45
[R765]
08.06.2023
L148/84
[R770]
14.06.2023
L 153/3
[R764]
30.06.2023
L 166/76
[R768]
14.07.2023
L 179/57
[R767]
People's Republic of 18.01.2023
China
Sodium gluconate
People's Republic of 12.04.2023
China
Tubes and pipe fittings of stainless steel
(butt-welding fittings)
People's Republic of 13.04.2023
China
Taiwan
People's Republic of 11.05.2023
China
Polyester yarn (High tenacity)
Heavy plate of non-alloy or other alloy
steel (certain)
People's Republic of 16.05.2023
China
Rebars
Belarus
30.05.2023
Graphite electrode systems
India
06.06.2023
Graphite electrode systems
India
06.06.2023
Hot-rolled flat products of iron, non-alloy People's Republic of 07.06.2023
or other alloy steel (certain)
China
Hot-rolled flat products of iron, non-alloy People's Republic of 07.06.2023
or other alloy steel (certain)
China
Okoumé plywood
People's Republic of 13.06.2023
China
Thermal paper (certain lightweight )
Republic of Korea
29.06.2023
Glass fibre reinforcements (GFR)
People's Republic of 13.07.2023
China
79
 kom (2024) 0413 - Ingen titel
2909608_0081.png
Concluded: confirmation of duty
Product
Seamless pipes and tubes of iron (other
than cast iron) or steel (other than
stainless steel) (certain)
Country of
origin
Regulation /
Decision
N
O
OJ Reference
14.07.2023
L 179/9
[R769]
09.08.2023
L 199/48
[R772]
22.08.2023
L 207/1
[R776]
22.08.2023
L 207/41
[R775]
15.09.2023
L228/199
[R774]
13.12.2023
2023/2758
[R780]
14.12.2023
2023/2757
[R786]
People's Republic of 13.07.2023
China
Tungsten carbide, fused tungsten carbide People's Republic of 08.08.2023
and tungsten carbide simply mixed with China
metallic powder
Coated fine paper
People's Republic of 21.08.2023
China
Coated fine paper
People's Republic of 21.08.2023
China
Melamine
People's Republic of 14.09.2023
China
Hot-rolled flat products (of iron, non-alloy Brazil
or other alloy steel)(certain)
Iran
Russian Federation
Trichloroisocyanuric acid (TCCA)
12.12.2023
People's Republic of 13.12.2023
China
Concluded: termination and repeal of the measures
Product
Country of
origin
-
Regulation /
Decision
N
O
OJ Reference
17.02.2023
OJ L50/56
[R780]
Hot-rolled flat products (of iron, non-alloy Ukraine
or other alloy steel)(certain)
80
 kom (2024) 0413 - Ingen titel
2909608_0082.png
ANNEX G
Interim reviews initiated or concluded
during the period 1 January - 31 December 2023
(chronological by date of publication)
Initiated
Product
Glass fibre woven fabrics (GFF)
Country of
origin
Türkiye (ext)
OJ Reference
04.07.2023
C236/7
[R796]
Tyres for buses or lorries (new and retreaded)
People's Republic of 15.12.2023
China
C/2023/1491
[R806]
People's Republic of 15.12.2023
China
C/2023/1500
[R805]
People's Republic of 20.12.2023
China
C/2023/1595
[R808]
Tyres for buses or lorries (new and retreaded)
Melamine
Concluded: amendment of duty
Product
Country of
origin
People's Republic of -
China
People's Republic of
China
Regulation /
Decision N
O
OJ Reference
High tenacity yarn of polyester
Threaded tube or pipe cast fittings, of
malleable cast iron
Woven and/or stitched glass fibre
fabrics, certain
Woven and/or stitched glass fibre
fabrics, certain
Tubes and pipes of ductile cast iron
L 127; 12.05.2023,
p.1
L_2023_2202 ;
17.10.2023
L_2023_2169 ;
18.10.2023
L_2023_2158 ;
18.10.2023
L_2023_2605 ;
Türkiye
Türkiye
India
81
 kom (2024) 0413 - Ingen titel
2909608_0083.png
Concluded: amendment of duty
Product
Country of
origin
Regulation /
Decision
N
O
OJ Reference
23.11.2023
Concluded by termination without amendment of duty
Product
None
-
Country of
origin
-
Regulation /
Decision
N
O
-
OJ Reference
Concluded: termination and repeal of measures
Product
None
-
Country of
origin
-
Regulation /
Decision
N
O
-
OJ Reference
82
 kom (2024) 0413 - Ingen titel
2909608_0084.png
ANNEX H
Other reviews initiated or concluded
during the period 1 January - 31 December 2023
(chronological by date of publication)
Initiated
Product
None
-
Country of
origin
-
OJ Reference
Concluded: confirmation/amendment of duty
Product
Lightweight thermal paper
Country of origin
Republic of Korea
Case N
O
AD629a
OJ Reference
L 79; 17.03.2023,
p.54
L 80; 20.03.2023,
p.41
L 80; 20.03.2023,
p.54
L 96; 05.04.2023, p.9
Electric bicycles
People's Republic of China
AD643a
Electric bicycles
People's Republic of China
AS646a
New and retreaded tyres for
People's Republic of China
buses or lorries
New and retreaded tyres for
People's Republic of China
buses or lorries
AD640a
AS641a
L 96; 05.04.2023,
p.45
Concluded: termination and repeal of measures
Product
Country of
origin
Argentina
Indonesia
-
Regulation /
Decision
N
O
OJ Reference
28.09.2023, OJ
L239/23
[AD593]
Biodiesel
83
 kom (2024) 0413 - Ingen titel
84
 kom (2024) 0413 - Ingen titel
2909608_0086.png
ANNEX I
New exporter reviews initiated or concluded
during the period 1 January - 31 December 2023
(chronological by date of publication)
A. Anti-dumping investigations
Initiated
Country of
origin
(consigned
from)
People's Republic of
China
People's Republic of
China
People's Republic of
China
Product
Regulation
/
Decision N
O
R789
OJ Reference
Citric acid
L 26; 30.01.2023,
p.11
L 64; 01.03.2023,
p.12
L 93; 31.03.2023,
p.88
Melamine
Trichloroisocyanuric acid
R791
R794
Concluded: imposition/amendment of duty
Country of
origin
(consigned
from)
Regulation /
Decision N
O
Product
OJ Reference
Citric acid
People's Republic of 16.10.2023
China
17.10.2023
L/2023/2180
[R789]
28.11.2023
L/2023/2653
[R791]
Melamine
People's Republic of 27.11.2023
China
85
 kom (2024) 0413 - Ingen titel
2909608_0087.png
Concluded: termination
Country of
origin
(consigned
from)
Regulation /
Decision N
O
Product
OJ Reference
Trichloroisocyanuric Acid (TCCA)
People's Republic of 2023/2766
China
14.12.2023
[R794]
B. Anti-subsidy investigations ("accelerated" investigations)
Initiated
Country of
origin
(consigned
from)
-
-
Product
Regulation /
Decision N
O
-
OJ Reference
None
Concluded: imposition/amendment of duty
Country of
origin
(consigned
from)
-
-
Product
Regulation /
Decision
N
O
-
OJ Reference
None
Concluded: termination
Country of
origin
(consigned
from)
86
Product
Regulation /
Decision
N
O
OJ Reference
 kom (2024) 0413 - Ingen titel
2909608_0088.png
Concluded: termination
Country of
origin
(consigned
from)
-
-
Product
Regulation /
Decision N
O
-
OJ Reference
None
87
 kom (2024) 0413 - Ingen titel
2909608_0089.png
ANNEX J
Anti-absorption investigations initiated or concluded
during the period 1 January - 31 December 2023
(chronological by date of publication)
Initiated
Product
None
-
Country of
origin
-
OJ Reference
Concluded with increase of duty
Product
Optical fibre cables
Country of
origin
People’s Republic of
-
China
Regulation /
Decision
N
O
OJ Reference
L 199; 09.08.2023,
p.34
Concluded without increase of duty / termination
Regulation /
Product
Country of origin
Decision
None
-
-
N
O
-
OJ Reference
88
 kom (2024) 0413 - Ingen titel
2909608_0090.png
ANNEX K
Anti-circumvention investigations initiated or concluded
during the period 1 January - 31 December 2023
(chronological by date of publication)
Initiated
Country of
origin
(consigned
from)
Indonesia
Taiwan (ext)
Türkiye (ext)
Vietnam (ext)
Indonesia
Taiwan (ext)
Türkiye (ext)
Vietnam (ext)
Product
Regulation /
Decision N
O
OJ Reference
Stainless steel cold-rolled flat products
(SSCR) AS
11.08.2023
14.08.2023
L202/10
[R798]
Stainless steel cold-rolled flat products
(SSCR) AD
11.08.2023
14.08.2023
L202/16
[R797]
Biodiesel
Indonesia
16.08.2023
People's Republic of
China (ext)
United Kingdom
(ext)
17.08.2023
L 204/3
[R800]
Birch plywood
Russian Federation
Kazakhstan (ext)
Türkiye (ext)
21.08.2023
22.08.2023
L 207/77
[R799]
Concluded with extension of duty
Country of
origin
(consigned
from)
Product
Regulation N
O
OJ Reference
Stainless steel tube and pipe butt-welding Malaysia (ext)
fittings, whether or not finished (Certain)
02.03.2023
03.03.2023
L67/119
[R777]
18.04.2023
L103/12
Stainless steel hot-rolled flat products
(SSHR)
Türkiye (ext)
17.04.2023
89
 kom (2024) 0413 - Ingen titel
2909608_0091.png
Concluded with extension of duty
Country of
origin
(consigned
from)
Product
Regulation N
O
OJ Reference
[R778]
Concluded without extension of duty / termination
Country of
origin
(consigned
from)
-
-
Product
Regulation N
O
OJ Reference
None
-
Exemptions granted and/or rejected
Country of
origin
(consigned
from)
-
-
Product
Regulation N
O
OJ Reference
None
-
90
 kom (2024) 0413 - Ingen titel
2909608_0092.png
ANNEX L
Safeguard review investigations initiated or concluded
during the period 1 January - 31 December 2023
(chronological by date of publication)
Investigations initiated
Product
Steel products (certain)
Country of
origin
Erga Omnes (ext)
OJ Reference
30.03.2023
C115/18
[Safe009UKNITRQS]
06.11.2023
C/2023/591
[Safe009UKNITRQS2
]
19.01.2023
C 18/8
[Safe008a]
Steel products (certain)
Erga Omnes (ext)
Indica rice
Myanmar
Cambodia
Investigations terminated without imposition of measures
Product
None
Country of
origin
Regulation /
Decision
N
O
OJ Reference
Issue of licences
Product
None
-
Country of
origin
-
Regulation /
Decision N
O
-
OJ Reference
91
 kom (2024) 0413 - Ingen titel
2909608_0093.png
Safeguard measures which expired
Product
None
-
Country of
origin
-
Date of expiry
Concluded: imposition/amendment of duty
Product
Steel products
Steel products
Steel products
Case nr
SAFE009R6
SAFE009UKNITRQS
Date of expiry
L 161; 27.06.2023, p.44
L 166; 30.06.2023, p.98
SAFE009UKNITRQS2
L_2023_2840 ; 15.12.2023
92
 kom (2024) 0413 - Ingen titel
2909608_0094.png
ANNEX M
Undertakings accepted or repealed
during the period 1 January - 31 December 2023
(chronological by date of publication)
Undertakings accepted
Product
None
-
Country of
origin
-
Regulation N
O
-
OJ Reference
Undertakings withdrawn or repealed
Product
None
-
Country of
origin
-
Regulation N
O
-
OJ Reference
Undertakings which expired/lapsed
Country of
origin
-
-
Product
Original
measure(s) &
OJ Reference
-
OJ Reference
None
93
 kom (2024) 0413 - Ingen titel
2909608_0095.png
ANNEX N
Measures which expired / lapsed
during the period 1 January - 31 December 2023
(chronological by date of publication)
A. Anti-dumping investigations (chronological by date of publication)
Original
measure
OJ Reference
& OJ Reference
28.6.2023
Commission
Implementing
OJ C 226/9
Regulation (EU)
2018/921 of 28 June
2018 imposing a
definitive anti-
dumping duty on
imports of tartaric
acid originating in
the People's
Republic of China
following an expiry
review pursuant to
Article 11(2) of
Regulation (EU)
2016/1036 of the
European Parliament
and of the Council
(OJ L 164, 29.6.2018,
p. 14)
2.10.2023
Commission
Implementing
OJ C/2023/5
Regulation (EU)
2018/1469 of 1
October 2018
imposing a definitive
anti-dumping duty
on imports of certain
seamless pipes and
tubes, of iron or
Product
Country of
origin
The People's
Republic of China
Tartaric acid
Seamless pipes and tubes of iron or steel Ukraine
94
 kom (2024) 0413 - Ingen titel
2909608_0096.png
Product
Country of
origin
Original
measure
OJ Reference
& OJ Reference
steel, originating in
Russia and Ukraine,
following an expiry
review pursuant to
Article 11(2) of
Regulation (EU)
2016/1036 of the
European Parliament
and of the Council
(OJ L 246, 2.10.2018,
p. 20)
B. Anti-subsidy investigations (chronological by date of publication)
Original
measure
OJ Reference
& OJ Reference
-
-
Product
Country of
origin
-
None
95
 kom (2024) 0413 - Ingen titel
2909608_0097.png
ANNEX O
Definitive anti-dumping measures in force on 31 December 2023
A. Ranked by product (alphabetical)
Case
no.
Product name
Country
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
Extension
Entry into
force date
R727
Acesulfame Potassium (ACE-K)
01-11-
2015
AD673
Aluminium converter foil
09-12-
2021
AD664
Aluminium extrusions
31-01-
2021
AD668
Aluminium flat-rolled products
12-10-
2021
R730
Aluminium foil (certain)
07-10-
2009
R732
Aluminium foil (jumbo rolls)
Thailand
16-09-
2021
R733
Aluminium foil (small rolls)
Thailand
16-09-
2021
R684
Aluminium foil in rolls
14-03-
2013
R676
Aluminium radiators (certain)
10-11-
2012
96
 kom (2024) 0413 - Ingen titel
2909608_0098.png
AD686
Aluminium road wheels
Morocco
People's
Republic of
China
Russian
Federation
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
97
13-01-
2023
R759
Aluminium road wheels (certain)
29-10-
2010
24-08-
1995
R706
Ammonium nitrate
R742
Aspartame
30-07-
2016
People's
Republic
of China
R688
Bicycles
18-01-
1997
R688
Bicycles
Philippine
s
20-05-
2015
R688
Bicycles
Cambodia
20-05-
2015
R688
Bicycles
Tunisia
06-06-
2013
R688
Bicycles
09-09-
1993
R688
Bicycles
Malaysia
06-06-
2013
R688
Bicycles
Indonesia
06-06-
2013
R688
Bicycles
Sri Lanka
06-06-
2013
R688
AD643
Bicycles
Bicycles (electric)
Pakistan
20-05-
2015
19-01-
 kom (2024) 0413 - Ingen titel
2909608_0099.png
China
United States of
America
United States of
America
Russian
Federation
People's
Republic of
China
People's
Republic of
China
2019
13-03-
2009
12-05-
2011
10-11-
2021
R723
Biodiesel
R723
Biodiesel
Canada
AD672
Birch Plywood
AD679
Calcium silicon
25-03-
2022
AD637
Cast iron articles (certain)
31-01-
2018
11-02-
2023
AD684
Ceramic tiles
India
People's
Republic of
China
R650
Ceramic tiles
16-09-
2011
11-02-
2023
AD684
Ceramic tiles
Türkiye
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
98
R678
Chamois leather
15-09-
2006
R717
Citric acid
Malaysia
16-01-
2016
R717
Citric acid
04-12-
2008
R709
Citrus fruits (namely mandarins, etc.)
31-12-
2008
R775
Coated fine paper
15-05-
2011
05-08-
2016
R745
Cold-rolled flat steel products
 kom (2024) 0413 - Ingen titel
2909608_0100.png
China
Russian
Federation
People's
Republic of
China
Russian
Federation
05-08-
2016
R745
Cold-rolled flat steel products
AD639
Corrosion resistant steel (CRS)
09-02-
2018
13-08-
2022
13-08-
2022
19-03-
2016
15-11-
2022
AD682
Corrosion resistant steels
AD682
Corrosion resistant steels
Ductile pipes (tubes and pipes of ductile
cast iron)
Electrolytic chromium coated steel
(ECCS)
Türkiye
R736
India
AD683
Brazil
People's
Republic of
China
AD683
Electrolytic chromium coated steel
(ECCS)
15-11-
2022
20-01-
2023
AD687
Fatty Acid
Indonesia
People's
Republic of
China
Russian
Federation
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
99
R698
Ferro-silicon
29-02-
2008
29-02-
2008
R698
Ferro-silicon
R648
Glass fibre open mesh fabrics
Taiwan
17-01-
2013
R648
Glass fibre open mesh fabrics
Indonesia
21-12-
2013
R648
Glass fibre open mesh fabrics
Thailand
17-01-
2013
R648
R648
Glass fibre open mesh fabrics
Glass fibre open mesh fabrics
India
Malaysia
21-12-
2013
25-07-
 kom (2024) 0413 - Ingen titel
2909608_0101.png
Republic of
China
People's
Republic of
China
People's
Republic of
China
2012
R648
Glass fibre open mesh fabrics
10-08-
2011
R767
Glass fibre reinforcements (GFR)
16-03-
2011
07-04-
2020
09-09-
2022
AD653
Glass fibre woven fabrics (GFF)
Egypt
R755
Glass fibre woven fabrics (GFF)
Egypt
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
Türkiye
AD653
Glass fibre woven fabrics (GFF)
07-04-
2020
R739
Glass fibre woven fabrics (GFF)
Morocco
26-02-
2022
R755
Glass fibre woven fabrics (GFF)
Grain oriented flat-rolled products of
silicon electrical steel (GOES)
Türkiye
09-09-
2022
31-10-
2015
R728
Japan
People's
Republic of
China
Republic of
Korea
Russian
Federation
United States of
America
R728
Grain oriented flat-rolled products of
silicon electrical steel (GOES)
Grain oriented flat-rolled products of
silicon electrical steel (GOES)
Grain oriented flat-rolled products of
silicon electrical steel (GOES)
Grain oriented flat-rolled products of
silicon electrical steel (GOES)
31-10-
2015
31-10-
2015
31-10-
2015
31-10-
2015
19-09-
2004
R728
R728
R728
R762
Graphite electrode systems
India
People's
Republic of
China
100
AD680
Graphite Electrode Systems
08-04-
2022
 kom (2024) 0413 - Ingen titel
2909608_0102.png
R654
Hand pallet trucks
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
22-07-
2005
R654
Hand pallet trucks and their essential
parts
Thailand
R761
Heavy plate of non-alloy or other alloy
steel (certain)
01-03-
2017
07-07-
2021
07-10-
2017
07-10-
2017
07-10-
2017
AD665
Hot rolled flat products (HRFS)
Hot-rolled flat products (of iron, non-alloy
or other alloy steel)(certain)
Hot-rolled flat products (of iron, non-alloy
or other alloy steel)(certain)
Hot-rolled flat products (of iron, non-alloy
or other alloy steel)(certain)
Türkiye
R780
Brazil
R780
Iran
Russian
Federation
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
R780
R765
Hot-rolled flat products of iron, non-alloy
or other alloy steel (certain)
07-04-
2017
AD676
Iron or steel fasteners
18-02-
2022
R549
Ironing boards
27-04-
2007
R693
Ironing boards
27-04-
2007
R675
Lever Arch Mechanisms
28-07-
2006
R692
Malleable tube fittings (threaded, of cast
iron)(MTF)
Malleable tube fittings (threaded, of cast
iron)(MTF)
15-05-
2013
15-05-
2013
R692
Thailand
101
 kom (2024) 0413 - Ingen titel
2909608_0103.png
R774
Melamine
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
14-05-
2011
R744
Molybdenum wires
17-06-
2010
R744
Molybdenum wires
Malaysia
13-01-
2012
16-11-
2021
16-11-
2021
23-01-
2015
AD671
Mono Ethylene Glycol (MEG)
Saudi Arabia
United States of
America
AD671
Mono Ethylene Glycol (MEG)
R712
Monosodium glutamate (MSG)
Indonesia
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
R712
Monosodium glutamate (MSG)
03-12-
2008
R764
Okoumé plywood
13-11-
2004
AD669
Optical fibre cables (OFC)
19-11-
2021
R683
Organic coated steel products (certain)
16-03-
2013
19-04-
2012
R672
Oxalic acid
India
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
102
R672
Oxalic acid
19-04-
2012
R697
Peroxosulphates (persulphates)
12-10-
2007
R760
Polyester yarn (High tenacity)
02-12-
2010
 kom (2024) 0413 - Ingen titel
2909608_0104.png
AD690
Polyester yarn (High tenacity)
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
13-05-
2023
AD654
Polyvinyl alcohol (certain) (PVA)
30-09-
2020
R721
PSC wires and strands
14-05-
2009
18-06-
2017
R773
Rebars
Belarus
People's
Republic of
China
R738
Ring binder mechanisms
Vietnam
Lao
People's
Democrati
c Republic
02-07-
2004
R738
Ring binder mechanisms
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
13-01-
2006
R738
Ring binder mechanisms
Seamless pipes and tubes of iron (other
than cast iron) or steel (other than
stainless steel) (certain)
25-01-
1997
R769
13-05-
2017
30-06-
2006
R665
Russian
Seamless pipes and tubes of iron or steel Federation
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
R657
Seamless pipes and tubes of stainless
steel (certain)(SSSPT)
21-12-
2011
R743
Silicon
29-07-
1990
R743
Silicon
Republic
of Korea
20-01-
2007
R743
Silicon
Taiwan
06-04-
2013
103
 kom (2024) 0413 - Ingen titel
2909608_0105.png
R741
Sodium cyclamate
Indonesia
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
12-03-
2004
AD626
Sodium cyclamate
17-06-
2016
R741
Sodium cyclamate
12-03-
2004
R754
Sodium gluconate
29-10-
2010
R701
Solar glass
15-05-
2014
R722
Stainless steel cold-rolled flat products
28-08-
2015
28-08-
2015
19-11-
2021
19-11-
2021
08-10-
2020
19-04-
2023
R722
Stainless steel cold-rolled flat products
Stainless Steel Cold-Rolled products
(SSCR)
Stainless Steel Cold-Rolled products
(SSCR)
Stainless steel hot-rolled flat products
(SSHR)
Stainless steel hot-rolled flat products
(SSHR)
Taiwan
AD670
India
AD670
Indonesia
AD658
Indonesia
R778
Indonesia
People's
Republic of
China
Türkiye
AD658
Stainless steel hot-rolled flat products
(SSHR)
Stainless steel hot-rolled flat products
(SSHR)
08-10-
2020
08-10-
2020
AD658
Taiwan
People's
Republic of
China
People's
Republic of
AD689
Stainless steel refillable kegs
Stainless steel tube and pipe butt-
welding fittings, whether or not finished
104
05-07-
2023
04-03-
2023
R777
Malaysia
 kom (2024) 0413 - Ingen titel
2909608_0106.png
(Certain)
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
Republic of
Korea
AD652
Steel road wheels
05-03-
2020
AD674
Steel wind towers
17-12-
2021
R655
Steel wire ropes and cables
Republic
of Korea
12-05-
2010
R655
Steel wire ropes and cables
Morocco
10-02-
2012
R655
Steel wire ropes and cables
18-08-
1999
R716
Sulphanilic acid
26-07-
2002
07-04-
2022
21-06-
2007
AD681
Superabsorbent polymers
Sweet corn (prepared or preserved in
kernels)
R695
Thailand
People's
Republic of
China
Republic of
Korea
Republic of
Korea
People's
Republic of
China
People's
Republic of
China
People's
Republic of
Sri Lanka
R687
Tableware and kitchenware (ceramic)
16-05-
2013
21-10-
2020
04-05-
2017
AD659
Thermal paper (certain heavyweight)
R768
Thermal paper (certain lightweight )
R786
Trichloroisocyanuric acid (TCCA)
08-10-
2005
R726
R726
Tube and pipe fittings of iron or steel
Tube and pipe fittings of iron or steel
105
04-04-
1996
02-12-
 kom (2024) 0413 - Ingen titel
2909608_0107.png
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
2004
R726
Tube and pipe fittings of iron or steel
Indonesia
02-12-
2004
R726
Tube and pipe fittings of iron or steel
Taiwan
15-04-
2000
R726
Tube and pipe fittings of iron or steel
Philippine
s
30-04-
2006
25-08-
2002
25-08-
2002
25-08-
2002
R682
Tube and pipe fittings(certain)
Malaysia
Republic of
Korea
Russian
Federation
People's
Republic of
China
R682
Tube and pipe fittings(certain)
R682
Tube and pipe fittings(certain)
R758
Tubes and pipe fittings of stainless steel
(butt-welding fittings)
Tubes and pipe fittings of stainless steel
(butt-welding fittings)
Tungsten carbide, fused tungsten
carbide and tungsten carbide simply
mixed with metallic powder
28-01-
2017
28-01-
2017
R758
Taiwan
People's
Republic of
China
People's
Republic of
China
Lao
People's
Democrati
c Republic
R772
28-09-
1990
R685
Tungsten electrodes
14-03-
2007
R710
Tungsten electrodes
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
05-09-
2020
R710
Tungsten electrodes
Thailand
05-09-
2020
AD640
Tyres for buses or lorries (new and
retreaded)
23-10-
2018
106
 kom (2024) 0413 - Ingen titel
2909608_0108.png
AD649
Urea and ammonium nitrate (UAN)
Russian
Federation
Trinidad
&Tobago
United States of
America
10-10-
2019
10-10-
2019
10-10-
2019
20-12-
2008
AD649
Urea and ammonium nitrate (UAN)
AD649
Urea and ammonium nitrate (UAN)
R713
Welded pipes and tubes (WPT)
Belarus
People's
Republic of
China
Russian
Federation
People's
Republic of
China
R713
Welded pipes and tubes (WPT)
20-12-
2008
20-12-
2008
R713
Welded pipes and tubes (WPT)
R725
Wire rods
06-08-
2009
B. Ranked by country (alphabetical)
Case
no.
R773
R713
Country
Belarus
Belarus
Rebars
Product name
Extension
Entry into
force date
18-06-2017
20-12-2008
Welded pipes and tubes (WPT)
Electrolytic chromium coated steel
(ECCS)
Hot-rolled flat products (of iron, non-alloy
or other alloy steel)(certain)
AD683
Brazil
15-11-2022
R780
Brazil
07-10-2017
107
 kom (2024) 0413 - Ingen titel
2909608_0109.png
AD653
R755
AD684
Egypt
Egypt
India
Glass fibre woven fabrics (GFF)
Glass fibre woven fabrics (GFF)
Ceramic tiles
Ductile pipes (tubes and pipes of ductile
cast iron)
Graphite electrode systems
Oxalic acid
Stainless Steel Cold-Rolled products
(SSCR)
Fatty Acid
Monosodium glutamate (MSG)
Sodium cyclamate
Stainless Steel Cold-Rolled products
(SSCR)
Stainless steel hot-rolled flat products
(SSHR)
Stainless steel hot-rolled flat products
(SSHR)
Hot-rolled flat products (of iron, non-alloy
or other alloy steel)(certain)
Grain oriented flat-rolled products of
silicon electrical steel (GOES)
Tube and pipe fittings(certain)
Aluminium road wheels
Türkiye
07-04-2020
09-09-2022
11-02-2023
R736
R762
R672
India
India
India
19-03-2016
19-09-2004
19-04-2012
AD670
AD687
R712
R741
India
Indonesia
Indonesia
Indonesia
19-11-2021
20-01-2023
23-01-2015
12-03-2004
AD670
Indonesia
19-11-2021
AD658
Indonesia
08-10-2020
R778
Indonesia
Türkiye
19-04-2023
R780
Iran
07-10-2017
R728
R682
AD686
Japan
Malaysia
Morocco
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
31-10-2015
25-08-2002
13-01-2023
R727
Acesulfame Potassium (ACE-K)
01-11-2015
AD673
Aluminium converter foil
09-12-2021
AD664
Aluminium extrusions
31-01-2021
108
 kom (2024) 0413 - Ingen titel
2909608_0110.png
AD668
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
Aluminium flat-rolled products
12-10-2021
R730
Aluminium foil (certain)
07-10-2009
R732
Aluminium foil (jumbo rolls)
Thailand
16-09-2021
R733
Aluminium foil (small rolls)
Thailand
16-09-2021
R684
Aluminium foil in rolls
14-03-2013
R676
Aluminium radiators (certain)
10-11-2012
R759
Aluminium road wheels (certain)
29-10-2010
R742
Aspartame
People's
Republic of
China
30-07-2016
R688
Bicycles
18-01-1997
R688
Bicycles
Philippines
20-05-2015
R688
Bicycles
Cambodia
20-05-2015
R688
R688
Bicycles
Bicycles
Tunisia
06-06-2013
09-09-1993
109
 kom (2024) 0413 - Ingen titel
2909608_0111.png
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
R688
Bicycles
Malaysia
06-06-2013
R688
Bicycles
Indonesia
06-06-2013
R688
Bicycles
Sri Lanka
06-06-2013
R688
Bicycles
Pakistan
20-05-2015
AD643
Bicycles (electric)
19-01-2019
AD679
Calcium silicon
25-03-2022
AD637
Cast iron articles (certain)
31-01-2018
R650
Ceramic tiles
16-09-2011
R678
Chamois leather
15-09-2006
R717
Citric acid
Malaysia
16-01-2016
R717
Citric acid
04-12-2008
R709
Citrus fruits (namely mandarins, etc.)
31-12-2008
110
 kom (2024) 0413 - Ingen titel
2909608_0112.png
R775
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
Coated fine paper
15-05-2011
R745
Cold-rolled flat steel products
05-08-2016
AD639
Corrosion resistant steel (CRS)
09-02-2018
AD683
Electrolytic chromium coated steel
(ECCS)
15-11-2022
R698
Ferro-silicon
29-02-2008
R648
Glass fibre open mesh fabrics
Taiwan
17-01-2013
R648
Glass fibre open mesh fabrics
Indonesia
21-12-2013
R648
Glass fibre open mesh fabrics
Thailand
17-01-2013
R648
Glass fibre open mesh fabrics
India
21-12-2013
R648
Glass fibre open mesh fabrics
Malaysia
25-07-2012
R648
Glass fibre open mesh fabrics
10-08-2011
R767
AD653
Glass fibre reinforcements (GFR)
Glass fibre woven fabrics (GFF)
16-03-2011
07-04-2020
111
 kom (2024) 0413 - Ingen titel
2909608_0113.png
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
R739
Glass fibre woven fabrics (GFF)
Morocco
26-02-2022
R755
Glass fibre woven fabrics (GFF)
Türkiye
09-09-2022
R728
Grain oriented flat-rolled products of
silicon electrical steel (GOES)
31-10-2015
AD680
Graphite Electrode Systems
08-04-2022
R654
Hand pallet trucks
22-07-2005
R654
Hand pallet trucks and their essential parts
Thailand
R761
Heavy plate of non-alloy or other alloy
steel (certain)
01-03-2017
R765
Hot-rolled flat products of iron, non-alloy or
other alloy steel (certain)
07-04-2017
AD676
Iron or steel fasteners
18-02-2022
R549
Ironing boards
27-04-2007
R693
Ironing boards
27-04-2007
R675
Lever Arch Mechanisms
28-07-2006
112
 kom (2024) 0413 - Ingen titel
2909608_0114.png
R692
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
Malleable tube fittings (threaded, of cast
iron)(MTF)
15-05-2013
R774
Melamine
14-05-2011
R744
Molybdenum wires
17-06-2010
R744
Molybdenum wires
Malaysia
13-01-2012
R712
Monosodium glutamate (MSG)
03-12-2008
R764
Okoumé plywood
13-11-2004
AD669
Optical fibre cables (OFC)
19-11-2021
R683
Organic coated steel products (certain)
16-03-2013
R672
Oxalic acid
19-04-2012
R697
Peroxosulphates (persulphates)
12-10-2007
R760
Polyester yarn (High tenacity)
02-12-2010
AD690
AD654
Polyester yarn (High tenacity)
Polyvinyl alcohol (certain) (PVA)
13-05-2023
30-09-2020
113
 kom (2024) 0413 - Ingen titel
2909608_0115.png
China
People's
Republic of
China
People's
Republic of
China
R721
PSC wires and strands
14-05-2009
R738
Ring binder mechanisms
Vietnam
Lao
People's
Democratic
Republic
02-07-2004
R738
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
Ring binder mechanisms
13-01-2006
R738
Ring binder mechanisms
Seamless pipes and tubes of iron (other
than cast iron) or steel (other than
stainless steel) (certain)
25-01-1997
R769
13-05-2017
R657
Seamless pipes and tubes of stainless
steel (certain)(SSSPT)
21-12-2011
R743
Silicon
29-07-1990
R743
Silicon
Republic of
Korea
20-01-2007
R743
Silicon
Taiwan
06-04-2013
AD626
Sodium cyclamate
17-06-2016
R741
Sodium cyclamate
12-03-2004
R754
Sodium gluconate
29-10-2010
114
 kom (2024) 0413 - Ingen titel
2909608_0116.png
R701
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
Solar glass
15-05-2014
R722
Stainless steel cold-rolled flat products
28-08-2015
AD658
Stainless steel hot-rolled flat products
(SSHR)
08-10-2020
AD689
Stainless steel refillable kegs
05-07-2023
R777
Stainless steel tube and pipe butt-welding
fittings, whether or not finished (Certain)
Malaysia
04-03-2023
AD652
Steel road wheels
05-03-2020
AD674
Steel wind towers
17-12-2021
R655
Steel wire ropes and cables
Republic of
Korea
12-05-2010
R655
Steel wire ropes and cables
Morocco
10-02-2012
R655
Steel wire ropes and cables
18-08-1999
R716
Sulphanilic acid
26-07-2002
R687
R786
Tableware and kitchenware (ceramic)
Trichloroisocyanuric acid (TCCA)
16-05-2013
08-10-2005
115
 kom (2024) 0413 - Ingen titel
2909608_0117.png
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
R726
Tube and pipe fittings of iron or steel
04-04-1996
R726
Tube and pipe fittings of iron or steel
Sri Lanka
02-12-2004
R726
Tube and pipe fittings of iron or steel
Indonesia
02-12-2004
R726
Tube and pipe fittings of iron or steel
Taiwan
15-04-2000
R726
Tube and pipe fittings of iron or steel
Philippines
30-04-2006
R758
Tubes and pipe fittings of stainless steel
(butt-welding fittings)
Tungsten carbide, fused tungsten carbide
and tungsten carbide simply mixed with
metallic powder
28-01-2017
R772
28-09-1990
R685
Tungsten electrodes
Lao
People's
Democratic
Republic
14-03-2007
R710
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
Tungsten electrodes
05-09-2020
AD640
Tyres for buses or lorries (new and
retreaded)
23-10-2018
R713
Welded pipes and tubes (WPT)
20-12-2008
R725
Wire rods
06-08-2009
116
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R710
People's
Republic of
China
Republic of
Korea
Republic of
Korea
Republic of
Korea
Republic of
Korea
Republic of
Korea
Russian
Federation
Russian
Federation
Russian
Federation
Russian
Federation
Russian
Federation
Russian
Federation
Russian
Federation
Russian
Federation
Russian
Federation
Russian
Federation
Russian
Federation
Tungsten electrodes
Grain oriented flat-rolled products of
silicon electrical steel (GOES)
Thailand
05-09-2020
R728
31-10-2015
AD681
Superabsorbent polymers
07-04-2022
AD659
Thermal paper (certain heavyweight)
21-10-2020
R768
Thermal paper (certain lightweight )
04-05-2017
R682
Tube and pipe fittings(certain)
25-08-2002
R706
Ammonium nitrate
24-08-1995
AD672
Birch Plywood
10-11-2021
R745
Cold-rolled flat steel products
05-08-2016
AD682
Corrosion resistant steels
13-08-2022
R698
Ferro-silicon
Grain oriented flat-rolled products of
silicon electrical steel (GOES)
Hot-rolled flat products (of iron, non-alloy
or other alloy steel)(certain)
29-02-2008
R728
31-10-2015
R780
07-10-2017
R665
Seamless pipes and tubes of iron or steel
30-06-2006
R682
Tube and pipe fittings(certain)
25-08-2002
AD649
Urea and ammonium nitrate (UAN)
10-10-2019
R713
Welded pipes and tubes (WPT)
20-12-2008
117
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AD671
R722
Saudi
Arabia
Taiwan
Mono Ethylene Glycol (MEG)
Stainless steel cold-rolled flat products
Stainless steel hot-rolled flat products
(SSHR)
Tubes and pipe fittings of stainless steel
(butt-welding fittings)
Malleable tube fittings (threaded, of cast
iron)(MTF)
Sweet corn (prepared or preserved in
kernels)
16-11-2021
28-08-2015
AD658
Taiwan
08-10-2020
R758
Taiwan
28-01-2017
R692
Thailand
15-05-2013
R695
Thailand
Trinidad &
Tobago
Türkiye
Türkiye
Türkiye
United
States of
America
United
States of
America
United
States of
America
United
States of
America
United
States of
America
21-06-2007
AD649
AD684
AD682
AD665
Urea and ammonium nitrate (UAN)
Ceramic tiles
Corrosion resistant steels
Hot rolled flat products (HRFS)
10-10-2019
11-02-2023
13-08-2022
07-07-2021
R723
Biodiesel
13-03-2009
R723
Biodiesel
Canada
12-05-2011
R728
Grain oriented flat-rolled products of
silicon electrical steel (GOES)
31-10-2015
AD671
Mono Ethylene Glycol (MEG)
16-11-2021
AD649
Urea and ammonium nitrate (UAN)
10-10-2019
118
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ANNEX P
Definitive anti-subsidy measures in force on 31 December 2023
A. Ranked by product (alphabetical)
Case
no.
AS67
5
AS64
6
AS64
4
AS65
0
Product name
Country
People's Republic
of China
People's Republic
of China
Extensi
on
Entry into
force date
23-12-
2021
19-01-
2019
13-02-
2019
10-12-
2019
12-05-
2011
11-07-
2009
15-05-
2011
19-03-
2016
26-06-
2020
24-12-
2014
16-06-
2020
09-09-
2022
16-06-
2020
Aluminium converter foil
Bicycles (electric)
Biodiesel
Argentina
Biodiesel
Indonesia
United States of
America
United States of
America
People's Republic
of China
R724
Biodiesel
Canada
R724
Biodiesel
R776
Coated fine paper
Ductile pipes (tubes and pipes of ductile
cast iron)
R737
AS65
7
India
Glass fibre reinforcements (GFR)
Egypt
People's Republic
of China
R708
AS65
6
Glass fibre reinforcements (GFR)
Glass fibre woven fabrics (GFF)
Egypt
R756
AS65
6
Glass fibre woven fabrics (GFF)
Egypt
People's Republic
of China
Türkiye
Glass fibre woven fabrics (GFF)
119
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R740
Glass fibre woven fabrics (GFF)
People's Republic
of China
People's Republic
of China
Morocco
26-02-
2022
09-09-
2022
19-09-
2004
10-06-
2017
20-01-
2022
16-03-
2013
01-12-
2000
15-05-
2014
17-03-
2022
17-03-
2022
28-02-
2015
13-11-
2018
R756
Glass fibre woven fabrics (GFF)
Türkiye
R763
Graphite electrode systems
Hot-rolled flat products of iron, non-
alloy or other alloy steel (certain)
India
People's Republic
of China
People's Republic
of China
People's Republic
of China
R770
AS67
7
Optical fibre cables (OFC)
R686
Organic coated steel products (certain)
R694
PET (Polyethylene terephtalate)
India
People's Republic
of China
R702
AS67
8
AS67
8
Solar glass
Stainless steel cold-rolled flat products
India
Stainless steel cold-rolled flat products
Indonesia
R720
AS64
1
Trout (Rainbow)
Tyres for buses or lorries (new and
retreaded)
Türkiye
People's Republic
of China
B. Ranked by country (alphabetical)
Case
no.
AS64
4
AS65
7
Product name
Country
Extensio Entry into
n
force date
13-02-
2019
26-06-
2020
Biodiesel
Argentina
Glass fibre reinforcements (GFR)
Egypt
120
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2909608_0122.png
AS65
6
Glass fibre woven fabrics (GFF)
Egypt
16-06-
2020
09-09-
2022
19-03-
2016
19-09-
2004
01-12-
2000
17-03-
2022
10-12-
2019
17-03-
2022
R756
Glass fibre woven fabrics (GFF)
Ductile pipes (tubes and pipes of ductile
cast iron)
Egypt
Türkiye
R737
India
R763
Graphite electrode systems
India
R694
AS67
8
AS65
0
AS67
8
PET (Polyethylene terephtalate)
India
Stainless steel cold-rolled flat products
India
Biodiesel
Indonesia
Stainless steel cold-rolled flat products
Indonesia
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
AS67
5
Aluminium converter foil
23-12-
2021
AS64
6
Bicycles (electric)
19-01-
2019
R776
Coated fine paper
15-05-
2011
R708
Glass fibre reinforcements (GFR)
24-12-
2014
AS65
6
Glass fibre woven fabrics (GFF)
16-06-
2020
R740
Glass fibre woven fabrics (GFF)
Morocco
26-02-
2022
R756
Glass fibre woven fabrics (GFF)
121
Türkiye
09-09-
2022
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2909608_0123.png
R770
Hot-rolled flat products of iron, non-alloy or
other alloy steel (certain)
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
People's
Republic of
China
10-06-
2017
AS67
7
Optical fibre cables (OFC)
20-01-
2022
R686
Organic coated steel products (certain)
16-03-
2013
R702
Solar glass
15-05-
2014
AS64
1
Tyres for buses or lorries (new and
retreaded)
13-11-
2018
28-02-
2015
12-05-
2011
11-07-
2009
R720
Trout (Rainbow)
Türkiye
United States
of America
United States
of America
R724
Biodiesel
Canada
R724
Biodiesel
122
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ANNEX Q
Undertakings in force on 31 December 2023
A. Ranked by product (alphabetical)
Regulation
N
O
OJ
Reference
Product
Biodiesel
Origin
Argentina
Measure
Undertakings
COMMISSION
12.2.2019
IMPLEMENTING L40/71
DECISION (EU) [AS644]
2019/245
of 11 February
2019
Citric acid
People's
Republic of
China
Undertakings
COMMISSION
03.12.2008
DECISION of 2 L323/62
December 2008 [AD522]
02.12.2008
B. Ranked by country (alphabetical)
Regulation
N
O
OJ
Reference
Origin
Argentina
Biodiesel
Product
Measure
Undertakings
COMMISSION
12.2.2019
IMPLEMENTING L40/71
DECISION (EU) [AS644]
2019/245
of 11 February
2019
People's
Republic of
China
Citric acid
Undertakings
COMMISSION
03.12.2008
DECISION of 2 L323/62
December 2008 [AD522]
02.12.2008
123
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ANNEX R
Anti-dumping & anti-subsidy investigations pending
on 31 December 2023
A. New investigations (ranked by product - in alphabetical order)
Case
no.
AD69
4
AS70
1
AD70
0
AD69
1
AD69
1
AD69
2
AD69
9
AD69
8
AS68
9
AD69
5
AD69
3
AD69
7
AD69
Product name
Initiation
date
Instru
ment
Country
People's Republic of
China
People's Republic of
China
People's Republic of
China
Alkyl Phosphate Esters (certain)
11-08-2023 AD
Alkyl Phosphate Esters (certain)
21-12-2023 AS
Biodiesel
20-12-2023 AD
Bulb flat
14-11-2022 AD
Türkiye
People's Republic of
China
People's Republic of
China
People's Republic of
China
People's Republic of
China
People's Republic of
China
Bulb flat
Electrolytic manganese dioxides
(certain)
14-11-2022 AD
16-02-2023 AD
Erythritol
21-11-2023 AD
Mobile access equipment
New battery electric vehicles for
passengers
13-11-2023 AD
04-10-2023 AS
Optical fibre cables (OFC)
16-11-2023 AD
India
People's Republic of
China
Polyethylene terephthalate (PET)
30-03-2023 AD
Polyvinyl Chloride
Polyvinyl Chloride
15-11-2023 AD
15-11-2023 AD
Egypt
United States of
124
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2909608_0126.png
7
AD69
6
America
People's Republic of
China
Titanium dioxide
13-11-2023 AD
B. Review investigations (ranked by product - in alphabetical order)
Case
no.
Product name
Initiation
date
Instr
ume
nt
Country
Extension
R800
Biodiesel
17-08-2023 AS
Indonesia
People's
Republic of
China
United
Kingdom
R800
Biodiesel
17-08-2023 AS
Indonesia
Russian
Federation
Russian
Federation
R799
Birch plywood
22-08-2023 AD
Türkiye
R799
R788
R782
Birch plywood
Cast iron articles (certain)
Ceramic tiles
Corrosion resistant steel
(CRS)
Glass fibre open mesh fabrics
Hand pallet trucks
22-08-2023 AD
27-01-2023 AD
22-11-2022 AD
Kazakhstan
People's Republic of China
People's Republic of China
R790
R781
R783
Safe008
a
Safe008
a
R803
08-02-2023 AD
04-11-2022 AD
29-11-2022 AD
People's Republic of China
People's Republic of China
People's Republic of China
Indica rice
19-01-2023 SFG
Myanmar
Indica rice
Lever arch mechanisms
19-01-2023 SFG
08-11-2023 AD
Cambodia
People's Republic of China
125
 kom (2024) 0413 - Ingen titel
2909608_0127.png
R808
R795
R795
Melamine
Oxalic acid
Oxalic acid
Seamless pipes and tubes of
iron or steel
Seamless pipes and tubes of
iron or steel (certain)
Stainless steel cold-rolled flat
products (SSCR)
Stainless steel cold-rolled flat
products (SSCR)
Stainless steel cold-rolled flat
products (SSCR)
Stainless steel cold-rolled flat
products (SSCR)
Stainless steel cold-rolled flat
products (SSCR)
Stainless steel cold-rolled flat
products (SSCR)
Steel ropes and cables
Tartaric acid
Tyres for buses or lorries
(new and retreaded)
Tyres for buses or lorries
(new and retreaded)
Tyres for buses or lorries
(new and retreaded)
Tyres for buses or lorries
(new and retreaded)
20-12-2023 AD
30-06-2023 AD
30-06-2023 AD
People's Republic of China
People's Republic of China
India
R801
02-10-2023 AD
Russian Federation
R792
03-03-2023 AD
People's Republic of China
R797
14-08-2023 AD
Indonesia
Vietnam
R798
14-08-2023 AS
Indonesia
Türkiye
R797
14-08-2023 AD
Indonesia
Taiwan
R798
14-08-2023 AS
Indonesia
Taiwan
R798
14-08-2023 AS
Indonesia
Vietnam
R797
R793
R529a
14-08-2023 AD
14-04-2023 AD
07-09-2017 AD
Indonesia
Türkiye
People's Republic of China
People's Republic of China
R802
20-10-2023 AD
People's Republic of China
R804
10-11-2023 AS
People's Republic of China
R806
15-12-2023 AS
People's Republic of China
R805
15-12-2023 AD
People's Republic of China
126
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ANNEX S
Court cases
A. Court cases pending before the Court of Justice of the European Union and the
General Court on 31 December 2023
Court of Justice
C-412/22
C-517/22 P
C-688/22 P
Autoridade Tributária e Aduaneira (request for preliminary ruling)
Eurobolt B.V. and Others
Methanol Holdings (Trinidad) v Commission (appeal against T-
744/19)
Nevinnomyssky "Azot" and NAK "Azot" v Commission (appeal
against T-865/19)
Euranimi v Commission (appeal against T-769/21)
C-725/22 P
C-95/23 P
C-112/23 P
Pelita Agung Agrindustri and Permata Hijau Palm Oleo v Commission
(appeal against T-143/20)
Euranimi v Commission
Hengshi Egypt Fiberglass Fabrics and Jushi Egypt for Fiberglass
Industry v Commission (appeal against T-301/20)
C-252/23 P
C-261/23 P
C-269/23 P
Hengshi Egypt Fiberglass Fabrics and Jushi Egypt for Fiberglass
Industry v Commission (appeal against T-480/20)
C-272/23 P
Jushi Egypt for Fiberglass Industry v Commission (appeal against T-
540/20)
C-554/23 P
Fertilizers Europe v Nevinnomysskiy Azot and NAK "Azot" (appeal
against T-126/21)
127
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C-568/23 P
Commission v Nevinnomysskiy Azot and NAK "Azot" (appeal against
T-126/21)
C-772/23 P
General Court
T-733/19
Euranimi vs European Commission (appeal against T-598/21)
Zhejiang Sunflower Light Energy Science & Technology LTD and
Sunowe Solar GmbH c/ Commission
Wuxi Suntech Power v Commission
Zhejiang Beyondsun Green Energy Technology v Commission
Sinopec Chongqing SVW Chemical and Others v Commission
Inner Mongolia Shuangxin Environment-Friendly Material v
Commission
Anhui Wanwei Updated High-Tech Material Industry and Inner
Mongolia Mengwei Technology v Commission
Ereğli Demir ve Çelik Fabrikaları
and Others v Commission
Çolakoğlu Metalurji and Çolakoğlu Dış Ticaret v Commission
Sveza Verkhnyaya Sinyachikha and others v Commission
ZHPLK v Commission
Vyatsky Plywood Mill / Commission
PGTEX Morocco v Commission
PGTEX Morocco v Commission
CCCME v Commission
PT Indonesia Ruipu Nickel and Chrome Alloy v Commission
LG Chem, Ltd v Commission
Columbus Stainless v Commission
Ege İhracatçıları Birliği and Others v Commission
Arkema France v Commission
PT Musim Mas v Commission
PT Permata Hijau Palm Oleo and PT Nubika Jaya v Commission
T-403/20
T-660/20
T-762/20
T-763/20
T-764/20
T-629/21
T-630/21
T-2/22
T-3/22
T-32/22
T-245/22
T-246/22
T-263/22
T-348/22
T-356/22
T-445/22
T-122/23
T-165/23
T-176/23
T-187/23
128
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2909608_0130.png
T-199/23
T-230/23
T-231/23
T-378/23
T-379/23
Hansol Paper v Commission
Hitit Seramik v Commission
Akgün Seramik and Others v Commission
Marcegaglia Specialties v Commission
Çolakoğlu Metalurji v Commission
B.
Judgments, orders or other decisions rendered in 2023
Court of Justice
C-439/20 P
Commission v Jiangsu Seraphim Solar System (appeal against T-
110/17)
Council v Jiangsu Seraphim Solar System and Commission (appeal
against T-110/17)
Changmao Biochemical Engineering v Commission (appeal against T-
541/18)
China Chamber of Commerce for Import and Export of Machinery
and Electronic Products and Others v Commission (appeal against T-
254/18)
PAO Severstal v Commission (appeal against T-753/16)
NLMK v Commission (appeal against T-752/16)
Vitol (request for preliminary ruling)
Airoldi Metalli v Commission (appeal against T-328/21)
Airoldi Metalli v Commission (appeal against T-1/22)
C-441/20 P
C-123/21 P
C-478/21P
C-747/21P
C-748/21P
C-268/22
C-467/22 P
C-764/22 P
C-140/23 P(I)
C-257/23 P
Euranimi v Commission
Hansol Paper Co., Ltd. v Commission (appeal against T-693/20)
General Court
T-500/17RENV
T-781/17
Hubei Xinyegang Special Tube v Commission
Kraftpojkarna v Commission
129
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T-782/17
T-301/20
Wuxi Saijing Solar v Commission
Hengshi Egypt Fiberglass Fabrics and Jushi Egypt for Fiberglass
Industry v Commission
Hengshi Egypt Fiberglass Fabrics and Jushi Egypt for
Fiberglass Industry v Commission
Jushi Egypt v Commission
Hansol Paper v Commission
Nevinnomysskiy Azot and NAK "Azot" v Commission
Guangdong Haomei New Materials and Guangdong King Metal Light
Alloy Technology v Commission
Euranimi v Commission
Hangzhou Dingsheng Industrial Group e.a. v Commission
Euranimi v Commission
EAA v Commission
EAA v Commission
T-480/20
T-540/20
T-693/20
T-126/21
T-326/21
T-598/21
T-748/21
T-81/22
T-781/21
T-782/21
130
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2909608_0132.png
ANNEX T
Safeguard and surveillance measures in force on 31 December 2023
A. Safeguard measures
List of safeguard measures in force
Product
Country of
origin
Erga Omnes (ext)
Regulation /
Decision N
O
12.01.2023
OJ Reference
Steel products
13.01.2023
L 12/7
[Safe009DSI]
B. Surveillance measures
List of surveillance measures in force
Product
Country of
origin
all
Regulation /
Decision N
O
(EU) 2023/1777
OJ Reference
Renewable ethanol for fuel
L 228/247
131
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Annex U
Third country cases against the EU
Investigations initiated during 2023
Country
India
Product
Sodium Cyanide
Instrument
AD
Initiation
Date
31-03-
2023
30-06-
2023
Exporting MS
Germany
India
Low Ash Metallurgical Coke
SG
Germany, Spain,
Italy, Cyprus,
Netherlands,
Poland, Portugal
Indonesia
Artificial filament yarn
SG
27-10-
2023
27-10-
2023
27-10-
2023
25-07-
2023
Indonesia
Cotton yarn
SG
Indonesia
Woven fabrics of artificial filament
yarn
Slag-wool, rock-wool and similar
mineral wools, incl. intermixtures
thereof, in bulk, sheets or rolls
Cotton fabric
SG
Indonesia
SG
Indonesia
SG
27-10-
2023
25-10-
2023
11-02-
2023
18-02-
2023
27-12-
2023
29-03-
Denmark,
Germany, France,
Madagascar
Napkins and diapers
SG
Madagascar
Concentrated milk
SG
Madagascar
Flour
SG
Madagascar
Woven sacks and sheaths of
polypropylene
Liquefied Petroleum Gas (LPG)
132
SG
Philippines
SG
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2909608_0134.png
cylinders
Türkiye
Fabrics, impregnated, coated,
covered or laminated with
polyurethane, imitation leather/others
Woven Fabrics of Synthetic Filament
Yarn and Woven Fabrics of Synthetic
and Artificial Stable Fibers
hot rolled bars and rods
AD
2023
25-01-
2023
Latvia
Türkiye
AD
24-01-
2023
Türkiye
SG
03-11-
2023
Belgium, Germany,
Spain, France,
Italy, Netherlands,
Austria, Romania
Croatia
Türkiye
solar panels
AD
25-11-
2023
20-06-
2023
25-10-
2023
07-02-
2023
01-08-
2023
United States
Paper shopping bags
AD
Portugal
United States
aluminium extrusions
AD
Italy
United States
Tin mill products
AD
Germany,
Netherlands
Spain, Italy,
Poland, Slovenia,
Bulgaria
United States
Mattresses
AD
133
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Measures imposed during 2023
Country
Gulf
Cooperation
Council
India
Product
Super absorbent
polymer (SAP)
Instrument
AD
Type Of
Measure
Date Of
Imposition
04-03-
2023
Exporting MS
Belgium, France
Definitive
Isopropyl alcohol
SG
01-04-
2023
Definitive
Belgium, Germany,
Spain, Ireland, Italy,
Netherlands, Poland,
Portugal, Slovenia
Madagascar
Flour
SG
Definitive
24-10-
2023
16-09-
2023
01-11-
2023
25-02-
2023
29-11-
2023
17-05-
2023
30-11-
2023
Germany, Spain
Madagascar
Concentrated milk
SG
Definitive
Madagascar
Water and oil paints
SG
Definitive
Mexico
Steel beams (H and
I)
Liquefied Petroleum
Gas (LPG) cylinders
Frozen potato chips
AD
Definitive
SG
Provisional
AD
Definitive
Philippines
Denmark, Germany,
France, Latvia
Belgium, Germany,
Netherlands
Belgium, Italy,
Portugal
South Africa
Tunisia
wire of iron or non-
alloy steel for
springs.
hot rolled bars and
rods
SG
Definitive
SG
Türkiye
31-12-
2023
Provisional
Belgium, Germany,
Spain, France, Italy,
Netherlands, Austria,
Romania
Spain, France,
Netherlands, Poland
United States
certain preserved
mushrooms
AD
Definitive
23-05-
2023
.
134
 kom (2024) 0413 - Ingen titel
2909608_0136.png
Measures in Force
At 31-12-2023
Country
Product
Instrumen
t
Type Of
Measure
Date Of
Impositio
n
01-11-
2022
22-11-
2019
02-04-
2009
21-02-
2008
26-03-
2020
29-05-
2019
12-07-
2019
02-04-
2019
08-03-
2018
08-09-
2016
05-11-
2014
19-11-
2015
12-07-
2019
22-04-
Exporting
MS
Netherlands
Argentina
Sodium
Benzoate
Radiators
Electrical
terminals
Straight
handsaw blades
Certain boilers
Ammonium
nitrate
Railway wheels
AD
Definitive
Argentina
AD
Definitive
Spain, Italy
Argentina
AD
Definitive
Germany
Argentina
AD
Definitive
Sweden
Argentina
AD
Definitive
Italy,
Slovakia
Sweden
Australia
AD
Definitive
Australia
AD
Definitive
France
Australia
A4 Copy paper
AD
Definitive
Austria,
Slovakia,
Finland
Greece,
Spain
Romania
Australia
Steel reinforcing
bar
Chrome bars
AD
Definitive
Australia
AD
Definitive
Australia
Q&T Steel Plate
Steel
Reinforcing Bar
Silicon electrical
steel
Monobutyl
ethers of
AD
Definitive
Finland,
Sweden
Spain
Australia
AD
Definitive
Brazil
Brazil
AD
AD
135
Definitive
Definitive
Germany
Germany
 kom (2024) 0413 - Ingen titel
ethylene glycol
2016
Belgium,
Germany,
France,
Netherlands
Germany
Brazil
Frozen fries
AD
Definitive
17-02-
2017
Brazil
Ethanolamines
and
triethanolamines
Adipic Acid
Ethylene glycol
monobutyl ether
Plastic Tubes
for Blood
Collection
Elastomeric
rubber pipes
Nitrile Rubber
AD
Definitive
04-11-
2013
01-04-
2015
22-08-
2022
30-04-
2015
22-06-
2015
13-08-
2018
04-10-
2013
Brazil
AD
Definitive
Germany,
France, Italy
France
Brazil
AD
Definitive
Brazil
AD
Definitive
Germany,
United
Kingdom
Germany,
Italy
France
Brazil
AD
Definitive
Brazil
AD
Definitive
Brazil
Laminated steel
AD
Definitive
Germany,
Finland
Belgium,
Germany,
United
Kingdom
Denmark,
Germany,
Netherlands,
United
Kingdom
Belgium,
Germany,
France,
Lithuania,
Austria
European
Union of 15
Germany
Brazil
Offset printing
plates
AD
Definitive
05-03-
2015
Canada
Refined sugar
AD
Definitive
06-11-
1995
Canada
Wheat gluten
AD
Definitive
23-04-
2021
Canada
Refined sugar
Certain hot-
rolled carbon
steel heavy
plate and high-
strength low-
CVD
Definitive
06-11-
1995
Canada
AD
Definitive
05-02-
2021
136
 kom (2024) 0413 - Ingen titel
alloy steel heavy
plate
Canada
Concrete
reinforcing bar
Steel plate
Concrete
reinforcing bar
Copper tubes
Hot-rolled
carbon steel
plate and high-
strength low-
alloy steel plate
Dispersion
Unshifted
Single-mode
Optical Fiber
AD
Definitive
04-06-
2021
04-06-
2014
04-05-
2017
02-01-
2014
Italy
Canada
AD
Definitive
Denmark,
Italy
Spain,
Portugal
Greece
Canada
AD
Definitive
Canada
AD
Definitive
Canada
AD
Definitive
09-01-
2004
Czech
Republic,
Bulgaria,
Romania
China
AD
Definitive
22-04-
2011
Denmark,
Germany,
France, Italy,
Netherlands
Germany,
France,
European
Union of 15
Germany,
France
Austria,
Finland,
Sweden,
Bulgaria
Germany,
Poland,
United
Kingdom
Belgium,
United
Kingdom
Germany
China
Chloroprene
Rubber
AD
Definitive
10-05-
2005
China
Perchlorethylen
e
AD
Definitive
30-05-
2014
China
Unbleached
sack paper
AD
Definitive
09-04-
2016
China
Grain oriented
flat-rolled steel
(GOES)
AD
Definitive
23-07-
2016
China
halogenated
butyl rubber
AD
Definitive
20-08-
2018
13-03-
2013
15-01-
2021
China
Toluidine
AD
Definitive
China
meta-Cresol
AD
Definitive
Belgium,
Denmark,
Germany,
Spain,
137
 kom (2024) 0413 - Ingen titel
France,
Ireland,
Netherlands
China
Alloy Seamless
Tubes
Ethylene Glycol
Monobutyl Ether
AD
Definitive
10-05-
2014
25-01-
2013
20-12-
2020
17-09-
2011
Germany,
France, Italy
Germany,
France,
Sweden
Belgium,
Germany
Germany,
France,
Netherlands
Belgium,
Germany,
Italy,
Netherlands,
Poland
Germany,
Spain,
France, Italy,
Netherlands,
Poland,
Sweden,
United
Kingdom
Belgium,
Denmark,
Germany,
Spain,
France
Belgium,
Czech
Republic,
Denmark,
Germany,
Spain,
France,
Ireland, Italy,
Luxembourg
, Hungary,
Netherlands,
Austria,
Poland,
Slovenia,
China
AD
Definitive
China
EPDM
AD
Definitive
China
Potato Starch
CVD
Definitive
China
Polyamide-6
(PA6)
AD
Definitive
22-04-
2010
China
Certain iron or
steel fasteners
AD
Definitive
29-06-
2010
China
Phenol
AD
Definitive
06-09-
2019
China
Stainless Steel
Billet and Hot-
rolled Stainless
Steel Plate
(Coil)
AD
Definitive
23-07-
2019
138
 kom (2024) 0413 - Ingen titel
Slovakia,
Finland,
Sweden,
United
Kingdom
Germany,
France,
Netherlands
Netherlands,
United
Kingdom
Belgium,
Germany,
Netherlands
Spain
China
Potato Starch
AD
Definitive
06-02-
2007
China
Photographic
paper
AD
Definitive
23-03-
2012
Colombia
Frozen fries
AD
Definitive
09-11-
2018
Egypt
Raw aluminium
(Ingots, Billets &
Wire Rod)
Edam and
Gouda Cheese
SG
Definitive
15-04-
2021
10-01-
2022
18-06-
2019
04-03-
2023
Egypt
AD
Definitive
Netherlands
Eurasian Economic
Union
Gulf Cooperation
Council
Herbicides
AD
Definitive
Belgium,
Germany,
France
Belgium,
France
Spain, Italy,
Poland
Super absorbent
polymer (SAP)
Uncoated paper
or paperboard in
rols or sheets
(other than
Containerboard)
2-Ethyl Hexanol
AD
Definitive
Gulf Cooperation
Council
AD
Definitive
01-05-
2019
India
AD
Definitive
29-03-
2016
11-03-
2008
Germany
India
Acetone
AD
Definitive
Belgium,
Spain, Italy
Belgium,
Germany,
Spain,
Ireland, Italy,
Netherlands,
Poland,
Portugal,
Slovenia
India
Isopropyl
alcohol
SG
Definitive
01-04-
2023
139
 kom (2024) 0413 - Ingen titel
India
Toluene Di-
Isocyanate
AD
Definitive
02-12-
2020
Belgium,
Czech
Republic,
Germany,
Greece,
Spain, Italy,
Latvia,
Hungary,
Netherlands,
Poland,
Portugal,
United
Kingdom
Belgium,
Germany,
Spain,
France, Italy,
Netherlands,
Portugal,
United
Kingdom
Germany
India
Methylene
Chloride
AD
Definitive
21-05-
2014
India
Normal Butanol
or N-Butyl
Alcohol
AD
Definitive
19-02-
2016
Indonesia
Curtains
(Including
Drapes), Interior
Blinds, Bed
Valances, and
Other
Furnishing
Articles
SG
Definitive
27-05-
2020
Belgium,
Denmark,
Germany,
Greece,
Spain,
France, Italy,
Netherlands,
Poland,
Portugal,
Sweden
Belgium,
Czech
Republic,
Denmark,
Germany,
Spain,
France,
Ireland, Italy,
Netherlands,
Austria,
Poland,
Portugal,
Finland,
Sweden,
Indonesia
Carpets
SG
Definitive
17-02-
2021
140
 kom (2024) 0413 - Ingen titel
Bulgaria,
Romania
Indonesia
Fructose syrup
SG
Definitive
17-09-
2020
France,
Netherlands
Belgium,
Czech
Republic,
Denmark,
Germany,
Estonia,
Greece,
Spain,
France,
Ireland, Italy,
Cyprus,
Latvia,
Lithuania,
Luxembourg
, Hungary,
Malta,
Netherlands,
Austria,
Poland,
Portugal,
Slovenia,
Slovakia,
Finland,
Sweden,
Bulgaria,
Romania,
Croatia
Belgium,
Germany,
Spain, Italy,
Netherlands,
Austria,
Sweden,
Romania
Belgium,
Czech
Republic,
Denmark,
Germany,
Greece,
Spain,
Indonesia
Articles of
Apparel
SG
Definitive
12-11-
2021
Indonesia
Yarn (other than
sewing thread)
of synthethic
and artificial
staple fibres)
SG
Definitive
27-05-
2020
Indonesia
Cotton; Man-
Made Filaments;
Man-Made
Staple Fibres;
Special Woven
Fabrics; Knitted
or Crocheted
SG
Definitive
27-05-
2020
141
 kom (2024) 0413 - Ingen titel
Fabrics
France,
Ireland, Italy,
Latvia,
Lithuania,
Luxembourg
, Hungary,
Netherlands,
Austria,
Poland,
Portugal,
Slovenia,
Slovakia,
Finland,
Sweden,
Bulgaria,
Romania,
Croatia
Czech
Republic,
Denmark,
Germany,
Spain,
France,
Lithuania,
Hungary,
Netherlands,
Austria,
Poland
Belgium,
Czech
Republic,
Denmark,
Germany,
Estonia,
Greece,
Spain,
France,
Ireland, Italy,
Cyprus,
Latvia,
Lithuania,
Luxembourg
, Hungary,
Malta,
Netherlands,
Austria,
Poland,
Portugal,
Slovenia,
Indonesia
Cigarette Paper
SG
Definitive
30-11-
2021
Indonesia
Evaporators
SG
Definitive
11-01-
2020
142
 kom (2024) 0413 - Ingen titel
Slovakia,
Finland,
Sweden,
Romania,
Croatia
Indonesia
Ceramic tiles
and mosaic
SG
Definitive
12-10-
2018
Germany,
Spain,
France, Italy,
Netherlands
France, Italy,
Netherlands,
Sweden
Spain, Italy
Indonesia
H and I sections
of other alloy
steel
Expansible
polystyrene
Stainless steel
bar
Stainless steel
bar
Butyl Glycol
Ether
Coated printing
paper
corn flakes, rice
and roasted
wheat
Water and oil
paints
blankets and
travelling rugs
SG
Definitive
21-01-
2015
24-12-
2021
30-07-
2004
22-02-
2019
06-12-
2016
22-07-
2018
26-09-
2019
01-11-
2023
31-08-
2021
31-08-
2021
24-10-
2023
01-08-
2019
31-08-
2020
Indonesia
SG
Definitive
Korea/South
AD
Definitive
Spain
Korea/South
AD
Definitive
Italy
Korea/South
AD
Definitive
France
Korea/South
AD
Definitive
Finland
Lebanon
AD
Definitive
Germany,
France,
Poland
Madagascar
SG
Definitive
Madagascar
SG
Definitive
Belgium,
France,
Poland
France
Madagascar
detergents
SG
Definitive
Madagascar
Flour
SG
Definitive
Madagascar
Pasta
Edible vegetable
oils and
SG
Definitive
Spain,
France, Italy
Madagascar
SG
Definitive
143
 kom (2024) 0413 - Ingen titel
margarines
Madagascar
Concentrated
milk
Steel pipes
SG
Definitive
16-09-
2023
04-04-
2018
01-05-
2019
23-12-
2015
22-09-
2005
27-02-
2016
25-02-
2023
Spain,
Portugal
Germany,
Spain
Spain
Mexico
AD
Definitive
Mexico
Steel plate
Hot rolled steel
coils
Steel plate
produced in
Romania
Stranded wire
ropes & cables
Steel beams (H
and I)
Hot rolled steel
sheets (tôles
d'acier laminées
à chaud
enroulées ou
non enroulées)
Cold rolled steel
sheets and
plated or coated
sheets
Insulin
AD
Definitive
Italy
Mexico
AD
Definitive
Germany,
France
Mexico
AD
Definitive
Mexico
AD
Definitive
Mexico
AD
Definitive
Morocco
SG
Definitive
19-06-
2020
Spain
SG
Definitive
07-09-
2015
Morocco
Morocco
AD
Definitive
28-10-
2014
Denmark
Morocco
PVC
AD
Definitive
14-07-
2017
Belgium,
Germany,
Spain,
France,
Portugal
Morocco
Tubes and pipes
iron or steel
(Tubes et
tuyaux en fer ou
en acier)
Wooden panels
(Panneaux de
bois revetus
SG
Definitive
06-11-
2020
Morocco
SG
Definitive
20-09-
2019
144
 kom (2024) 0413 - Ingen titel
(PBR))
New Zealand
Preserved
peaches
Canned
peaches
Hydrogen
Peroxide
AD
Definitive
04-08-
2011
09-03-
1998
15-07-
2011
Spain
New Zealand
AD
Definitive
Greece
Pakistan
AD
Definitive
Belgium
Pakistan
CR Coils/Sheets
AD
Definitive
03-02-
2022
Belgium,
Germany,
Spain,
France, Italy,
Cyprus,
Netherlands,
Finland,
Sweden
Belgium,
Czech
Republic,
Denmark,
Germany,
Spain,
France, Italy,
Latvia,
Lithuania,
Netherlands,
Austria,
Finland,
Sweden
Denmark,
Germany,
France,
Latvia
Latvia,
Lithuania
Belgium,
Germany,
France, Italy,
Netherlands
Germany,
Netherlands,
United
Kingdom
Belgium,
Germany,
Philippines
High-Density
Polyethylene
and Linear Low-
Density
Polyethylene
pellets and
granules
SG
Definitive
27-10-
2022
Philippines
Liquefied
Petroleum Gas
(LPG) cylinders
SG
Provisiona
l
29-11-
2023
SACU
Pasta
AD
Definitive
17-03-
2022
South Africa
screws made of
steel with
hexagon heads
SG
Definitive
03-02-
2019
South Africa
Frozen chicken
AD
Definitive
27-02-
2015
South Africa
Frozen potato
AD
145
Definitive
17-05-
 kom (2024) 0413 - Ingen titel
chips
Bolt ends &
screw studs,
screw studding
and other
hexagonal nuts
bolts with
hexagon heads
of iron or steel
7318.15.43
(different
product from
SFG Threaded
fasteners 2019)
Ropes & cables
of iron or steel
Frozen bone-in
portion of fowls
of gallus
domesticus
Hot-rolled flat in
coils and not in
coils
2023
Netherlands
Denmark,
Germany,
France,
Hungary,
Netherlands,
Croatia
Belgium,
Denmark,
Germany,
France,
Hungary,
Netherlands,
Croatia
South Africa
SG
Definitive
24-07-
2020
South Africa
SG
Definitive
10-12-
2021
South Africa
AD
Definitive
28-08-
2002
Germany,
United
Kingdom
Denmark,
Spain,
Ireland,
Poland
Slovakia,
Romania
South Africa
AD
Definitive
01-08-
2022
Thailand
AD
Definitive
27-05-
2003
Thailand
tin free steel
AD
Definitive
13-11-
2021
Belgium,
Germany,
Spain,
France, Italy,
Luxembourg
,
Netherlands
Belgium,
Germany,
Spain,
France,
Netherlands
Belgium,
Italy,
Portugal
Belgium,
Germany,
Greece,
Italy,
Thailand
Tinplate
AD
Definitive
13-11-
2021
Tunisia
wire of iron or
non-alloy steel
for springs.
Polyvinyl
chloride (PVC)
SG
Definitive
30-11-
2023
Türkiye
AD
Definitive
06-02-
2003
146
 kom (2024) 0413 - Ingen titel
Hungary,
Netherlands,
Finland,
Romania
Türkiye
Fittings
Woven fabrics
of yarn and
fibres. Anti
circumvention
investigation.
Laminated
flooring
AD
Definitive
07-09-
2006
Spain
Greece
AD
Definitive
07-05-
2019
Türkiye
Türkiye
AD
Definitive
13-06-
2015
Germany
Türkiye
Wall paper
SG
Definitive
06-08-
2015
Belgium,
Germany,
Italy, United
Kingdom
Bulgaria
Türkiye
AC woven
fabriccs of
synthetic
filament yarn
Sodium
Percarbonate
AD
Definitive
22-08-
2015
Türkiye
AD
Definitive
02-03-
2018
03-02-
2018
19-09-
2013
17-10-
2017
Germany,
Sweden
Germany,
Netherlands,
Sweden
Italy
Türkiye
Toothbrushes
SG
Definitive
Türkiye
Electrical water
heaters
Tubes and pipes
of refined
copper
woven fabrics of
synthetic and
artificial staple
fibres
Polyurethane
artificial leather
Hot rolled steel
alloy and non-
alloy
AD
Definitive
Greece
Türkiye
AD
Definitive
Türkiye
AD
Definitive
22-08-
2015
Poland,
Bulgaria
Türkiye
AD
Definitive
15-06-
2022
Greece
Türkiye
AD
Definitive
07-07-
2022
Belgium,
Germany,
Spain,
France, Italy,
Netherlands,
147
 kom (2024) 0413 - Ingen titel
Romania
Türkiye
Grinding balls
SG
Definitive
27-07-
2022
Germany,
Spain,
France,
Netherlands,
Bulgaria
Germany,
Greece,
Spain, Italy
Germany,
Italy, Poland,
Slovakia
Czech
Republic,
Ireland,
Poland,
Bulgaria,
Romania
Belgium,
Germany,
Spain,
France, Italy,
Netherlands,
Austria,
Romania
Poland
Türkiye
Poly(ethylene
terephthalate) -
PET
yarn of
polyamides and
other nylon
SG
Definitive
13-12-
2020
Türkiye
SG
Definitive
21-11-
2019
Türkiye
Synthetic staple
fibres of
polyesters
SG
Definitive
24-09-
2021
Türkiye
hot rolled bars
and rods
SG
Provisiona
l
31-12-
2023
Ukraine
Rubber plugs
Sulphuric acid
and oleum
Fresh Cut
Roses
Certain steel
products
Steel concrete
reinforcing bars
x752
Pasta
AD
Definitive
20-05-
2019
01-09-
2018
21-04-
2021
01-07-
2021
07-09-
2001
24-07-
1996
24-07-
1996
Ukraine
SG
Definitive
Germany
Ukraine
SG
Definitive
Netherlands
United Kingdom
SG
Definitive
Poland
United States
AD
Definitive
United States
CVD
Definitive
Italy
United States
Pasta
AD
Definitive
Italy
148
 kom (2024) 0413 - Ingen titel
United States
Seamless line
and pressure
pipe
Uncoated paper
Corrosion-
resistant steel
Corrosion-
resistant steel
Seamless pipe
small diameter
Certain hot-
rolled steel flat
products
Certain Cold-
Drawn
Mechanical
Tubing of
Carbon and
Alloy Steel
Carbon & alloy
steel cut to
lenght plate
Finished Carbon
Steel Flanges
crystalline
silicon
photovoltaic
(CSPV) cells
(whether or not
partially or fully
assembled into
other products)
citric acid,
sodium citrate,
and potassium
citrate (also in
blends under
HS 382499)
Emulsion
styrene-
butadiene
AD
Definitive
03-08-
1995
20-01-
2016
15-07-
2016
15-09-
2016
11-10-
2011
12-09-
2016
Germany
United States
AD
Definitive
Portugal
United States
AD
Definitive
Italy
United States
CVD
Definitive
Italy
United States
AD
Definitive
Romania
United States
AD
Definitive
Netherlands,
United
Kingdom
Germany,
Italy
United States
AD
Definitive
16-04-
2018
United States
AD
Definitive
05-05-
2017
Belgium,
Germany,
France, Italy,
Austria
Spain, Italy
United States
AD
Definitive
29-07-
2017
Germany,
Italy
SG
Definitive
07-02-
2018
United States
Belgium
AD
Definitive
25-07-
2018
United States
United States
AD
Definitive
12-09-
2017
Poland
149
 kom (2024) 0413 - Ingen titel
rubber (ESB
rubber)
Certain carbon
and alloy steel
wire rod
Ripe Olives
Stainless steel
butt-weld pipe
fittings
Strontium
Chromate
Certain carbon
and alloy steel
wire rod
Non-oriented
electrical steel
Forged steel
fittings
Large Diameter
Welded Pipes
19-03-
2018
01-08-
2018
23-02-
2001
08-10-
2019
20-03-
2018
18-11-
2014
05-10-
2018
27-02-
2019
Italy
United States
CVD
Definitive
United States
AD
Definitive
Spain
Italy
United States
AD
Definitive
United States
AD
Definitive
France,
Austria
Spain, Italy,
United
Kingdom
Germany,
Sweden
Italy
United States
AD
Definitive
United States
AD
Definitive
United States
AD
Definitive
United States
AD
Definitive
Greece
United States
common alloy
aluminum sheet
AD
Definitive
27-04-
2021
Germany,
Greece,
Spain, Italy,
Slovenia,
Romania,
Croatia
Spain, Italy,
Netherlands
United States
Prestressed
Concrete Steel
Wire Strand
Forged Steel
Fluid End
Blocks
Utility Scale
Wind towers
Forged Steel
Fluid End
Blocks
Methionine
AD
Definitive
09-04-
2021
United States
AD
Definitive
28-01-
2021
16-08-
2021
28-01-
2021
23-07-
2021
Germany,
Italy
United States
AD
Definitive
Spain
United States
CVD
Definitive
Germany,
Italy
United States
AD
Definitive
Spain,
France
150
 kom (2024) 0413 - Ingen titel
United States
Thermal paper
AD
Definitive
30-09-
2021
Germany,
Spain
Spain,
France,
Netherlands,
Poland
Belgium
United States
certain
preserved
mushrooms
Stainless steel
plates in coils
Sodium Nitrite
AD
Definitive
23-05-
2023
United States
AD
Definitive
21-05-
1999
27-08-
2008
04-03-
1997
06-03-
1987
24-06-
2005
20-12-
2019
01-08-
2018
United States
AD
Definitive
Germany
United States
Seamless pipe
Brass sheet &
strip
Chlorinated
isocyanurates
acetone
AD
Definitive
Germany
United States
AD
Definitive
Germany,
France, Italy
Spain
United States
AD
Definitive
United States
AD
Definitive
Belgium,
Spain
Spain
United States
Ripe olives
semi-finished
and finished
products of
alloy&non-alloy
steel
CVD
Definitive
Viet Nam
SG
Definitive
02-08-
2016
151