INHALT

Commission Implementing Regulation (EU) 2020/1428 of 12 October 2020 imposing a provisional anti-dumping duty on imports of aluminium extrusions originating in the People’s Republic of China

COMMISSION IMPLEMENTING REGULATION (EU) 2020/1428
of 12 October 2020
imposing a provisional anti-dumping duty on imports of aluminium extrusions originating in the People’s Republic of China
1.
PROCEDURE
1.1.
Initiation
1.2.
Registration
1.3.
Interested parties
1.4.
Comments on initiation
1.5.
Sampling
1.5.1.
Sampling of Union producers
1.5.2.
Sampling of importers
1.5.3.
Sampling of exporting producers in China
1.6.
Individual examination
1.7.
Replies to the questionnaire
1.8.
Verification visits
1.9.
Claim for the suspension of the investigation
1.10.
Investigation period and period considered
1.11.
Procedure for the determination of the normal value under Article 2(6a) of the basic Regulation
2.
PRODUCT CONCERNED AND LIKE PRODUCT
2.1.
Product concerned
2.2.
Like product
2.3.
Claims regarding product scope
2.3.1.
Claims that the definition of the product scope is insufficiently clear
2.3.2.
Product exclusion requests
3.
DUMPING
3.1.
Application of Article 18 of the basic Regulation
3.2.
Normal value
3.2.1.
Existence of significant distortions
3.2.1.1. Introduction
3.2.1.2. Significant distortions affecting the domestic prices and costs in China
3.2.1.3. Significant distortions according to Article 2(6a)(b), first indent of the basic Regulation: the market in question being served to a significant extent by enterprises which operate under the ownership, control or policy supervision or guidance of the authorities of the exporting country
3.2.1.4. Significant distortions according to Article 2(6a)(b), second indent of the basic Regulation: State presence in firms allowing the state to interfere with respect to prices or costs
3.2.1.5. Significant distortions according to Article 2(6a)(b), third indent of the basic Regulation: public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces
3.2.1.6. Significant distortions according to Article 2(6a)(b), fourth indent of the basic Regulation: the lack, discriminatory application or inadequate enforcement of bankruptcy, corporate or property laws
3.2.1.7. Significant distortions according to Article 2(6a)(b), fifth indent of the basic Regulation: wage costs being distorted
3.2.1.8. Significant distortions according to Article 2(6a)(b), sixth indent of the basic Regulation: access to finance granted by institutions which implement public policy objectives or otherwise not acting independently of the State
3.2.1.9. Systemic nature of the distortions described
3.2.1.10. Conclusion
3.3.
Representative country
3.4.
Sources used to establish undistorted costs
3.5.
Undistorted costs and benchmarks
3.5.1.
Raw materials
3.5.2.
Labour
3.5.3.
Energy inputs
3.6.
Manufacturing overheads costs, SG&A and profits
3.7.
Calculation of the Normal Value
3.8.
Export price
3.9.
Comparison
3.10.
Dumping margins
4.
INJURY
4.1.
Definition of the Union industry and Union production
4.2.
Determination of the relevant Union market
4.3.
Union consumption
4.4.
Imports from the country concerned
4.4.1.
Volume and market share of the imports from the country concerned
4.4.2.
Prices of the imports from the country concerned and price undercutting
4.5.
Economic situation of the Union industry
4.5.1.
General remarks
4.6.
Macroeconomic indicators
4.6.1.
Production, production capacity and capacity utilisation
4.6.2.
Sales volume and market share
4.6.3.
Growth
4.6.4.
Employment and productivity
4.6.5.
Magnitude of the dumping margin and recovery from past dumping
4.7.
Microeconomic indicators
4.7.1.
Prices and factors affecting prices
4.7.2.
Labour costs
4.7.3.
Inventories
4.7.4.
Profitability, cash flow, investments, return on investments and ability to raise capital
4.7.5.
Conclusion on injury
5.
CAUSATION
5.1.
Effects of the dumped imports
5.2.
Effects of other factors
5.2.1.
Imports from third countries
5.3.
Export performance of the Union industry
5.4.
Consumption
5.5.
Captive use
5.6.
The Price of Raw Materials
5.7.
Conclusion on causation
6.
UNION INTEREST
6.1.
Interest of the Union industry and suppliers
6.2.
Interest of importers
6.3.
Interest of users
6.4.
Conclusion on Union interest
7.
LEVEL OF MEASURES
7.1.
Calculation of the non-injurious price
7.2.
Examination of the margin adequate to remove the injury to the Union industry
7.3.
Conclusion
8.
PROVISIONAL ANTI-DUMPING MEASURES
9.
REGISTRATION
10.
INFORMATION AT PROVISIONAL STAGE
11.
FINAL PROVISIONS
Article 1
Article 2
Article 3
Article 4
ANNEX
Cooperating exporting producers not sampled