INHALT

Commission Implementing Regulation (EU) 2020/1336 of 25 September 2020 imposing definitive anti-dumping duties on imports of certain polyvinyl alcohols originating in the People’s Republic of China

COMMISSION IMPLEMENTING REGULATION (EU) 2020/1336
of 25 September 2020
imposing definitive anti-dumping duties on imports of certain polyvinyl alcohols originating in the People’s Republic of China
1.
PROCEDURE
1.1.
Initiation
1.2.
Interested parties
1.3.
Comments on initiation
1.4.
Sampling
1.4.1.
Sampling of Union producers
1.4.2.
Sampling of importers
1.4.3.
Sampling of exporting producers in the PRC
1.5.
Individual examination
1.6.
Questionnaire replies and verification visits
1.7.
Investigation period and period considered
1.8.
Procedure for the determination of the normal value under Article 2(6a) of the basic Regulation
1.9.
Non-imposition of provisional measures and subsequent procedure
2.
PRODUCT CONCERNED AND LIKE PRODUCT
2.1.
Product concerned
2.2.
Like product
2.3.
Segmentation
2.4.
Claims regarding product scope
3.
DUMPING
3.1.
Normal value
3.1.1.
Existence of significant distortions
3.1.1.1.
Introduction
3.1.1.2.
Significant distortions affecting the domestic prices and costs in the PRC
3.1.1.3.
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
3.1.1.4.
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
3.1.1.5.
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
3.1.1.6.
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
3.1.1.7.
Significant distortions according to Article 2(6a)(b), fifth indent of the basic Regulation: wage costs being distorted
3.1.1.8.
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
3.1.1.9.
Systemic nature of the distortions described
3.1.1.10.
Conclusion
3.1.2.
Representative country
3.1.2.1.
General remarks
3.1.2.2.
A level of economic development similar to the PRC
3.1.2.3.
Production of the product under investigation in the representative country and availability of the relevant public data in the representative country
(a) Choice of the similar product to PVA
(b) Production of the similar product to product under investigation in the representative country and availability of the relevant public data in the representative country
3.1.2.4.
Level of social and environmental protection
3.1.2.5.
Conclusion
3.1.3.
Sources used to establish undistorted costs
3.1.4.
Undistorted costs and benchmarks
3.1.4.1.
Factors of production
(1)
Raw materials and by-products/waste
(2)
Internally produced inputs used in the production of the product under investigation
(3)
Labour
(4)
Electricity and natural gas
(5)
Consumables/negligible quantities
(6)
Manufacturing overhead costs, SG&A and profits
3.1.4.2.
Application of Article 18 of the basic Regulation to Wan Wei, Mengwei and Shuangxin
3.1.4.3.
Application of Article 18 of the basic Regulation to Sinopec Ningxia
3.1.4.4.
Calculation of the normal value
3.2.
Export price
3.3.
Comparison
3.4.
Dumping margin
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
4.5.2.
Macroeconomic indicators
4.5.2.1.
Production, production capacity and capacity utilisation
4.5.2.2.
Sales volume and market share
4.5.2.3.
Growth
4.5.2.4.
Employment and productivity
4.5.2.5.
Magnitude of the dumping margin and recovery from past dumping
4.5.3.
Microeconomic indicators
4.5.3.1.
Prices and factors affecting prices
4.5.3.2.
Labour costs
4.5.3.3.
Inventories
4.5.3.4.
Profitability, cash flow, investments, return on investments and ability to raise capital
4.5.4.
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
5.2.2.
Increase of raw material cost
5.2.3.
Self-inflicted injury
5.2.4.
Captive use
5.3.
Conclusion on causation
6.
UNION INTEREST
6.1.
Interest of the Union industry
6.2.
Interest of unrelated importers
6.3.
Interest of users
6.3.1.
PVB-film producers
6.3.2.
Polymerisation application and emulsions producers
6.3.3.
Paper and carton board producers
6.3.4.
Adhesives producers
6.4.
Additional comments after Disclosure
6.5.
Conclusion on Union interest
7.
DEFINITIVE ANTI-DUMPING MEASURES
7.1.
Injury elimination level (Injury margin)
7.2.
Definitive measures
7.3.
Special monitoring clause
8.
DISCLOSURE
Article 1
Article 2
Article 3
ANNEX
Chinese cooperating exporting producers not sampled