INHALT

Commission Implementing Regulation (EU) 2020/1080 of 22 July 2020 imposing a definitive anti-dumping duty on imports of solar glass 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

COMMISSION IMPLEMENTING REGULATION (EU) 2020/1080
of 22 July 2020
imposing a definitive anti-dumping duty on imports of solar glass 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
1. PROCEDURE
1.1.
Measures in force
1.2.
Initiation of an expiry review
1.3.
Investigation
1.3.1.
Review investigation period and period considered
1.3.2.
Interested parties
1.3.3.
Sampling
1.3.3.1.
Sampling of Union producers
1.3.3.2.
Sampling of importers
1.3.3.3.
Sampling of exporting producers in the PRC
1.3.4.
Questionnaires and verification visits
1.3.5.
Procedure for the determination of the normal value under Article 2(6a) of the basic Regulation
1.3.6.
Subsequent procedure
2.
PRODUCT UNDER REVIEW AND LIKE PRODUCT
2.1.
Product under review
2.2.
Like product
3.
LIKELIHOOD OF CONTINUATION OR RECURRENCE OF DUMPING
3.1.
Non-cooperation from the sampled companies and the GOC
3.2.
Dumping during the review investigation period
3.2.1.
Normal value
3.2.2.
Existence of significant distortions
3.2.2.1.
Introduction
3.2.2.2.
Significant distortions affecting the domestic prices and costs in the PRC
3.2.2.3.
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
3.2.2.4.
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
3.2.2.5.
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
3.2.2.6.
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
3.2.2.7.
Significant distortions according to Article 2(6a)(b), fifth indent of the basic Regulation: wage costs being distorted
3.2.2.8.
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
3.2.2.9.
Systemic nature of the distortions described
3.2.2.10.
Conclusion
3.2.3.
Representative country
3.2.3.1.
General remarks
3.2.3.2.
A level of economic development similar to the PRC
3.2.3.3.
Production of the product under review in the representative country
3.2.3.4.
Availability of relevant public data in the representative country
3.2.3.5.
Conclusion on representative country
3.2.4.
Factors of production
3.2.4.1.
Raw materials
3.2.4.2.
Labour
3.2.4.3.
Electricity
3.2.4.4.
Natural gas
3.2.4.5.
Manufacturing overhead costs, SG&A, profits and depreciation
3.2.5.
Calculation
3.2.6.
Export price
3.2.7.
Comparison and dumping margin
3.2.8.
Conclusion on continuation of dumping
3.3.
Likely development of imports should the measures lapse
3.3.1.
Production capacity and spare capacity in the PRC
3.3.2.
Exports to third countries
3.3.3.
Attractiveness of the Union market
3.3.4.
Conclusion on the likely development of imports should the measures lapse
3.4.
Conclusion on the likelihood of continuation of dumping
4.
LIKELIHOOD OF CONTINUATION OR RECURRENCE OF INJURY
4.1.
Union production and Union industry
4.2.
Preliminary remark
4.3.
Consumption in the Union
4.4.
Imports from the PRC to the Union
4.4.1.
Volume of imports from the PRC and market share
4.4.2.
Price of the imports from the PRC and price undercutting
4.5.
Imports from third countries
4.6.
Economic situation of the Union industry
4.6.1.
General remarks
4.6.2.
Macroeconomic indicators
4.6.2.1.
Production, production capacity and capacity utilisation
4.6.2.2.
Sales volume and market share in the Union
4.6.2.3.
Growth
4.6.2.4.
Employment and productivity
4.6.2.5.
Magnitude of dumping and recovery from past dumping
4.6.3.
Microeconomic indicators
4.6.3.1.
Prices
4.6.3.2.
Labour costs
4.6.3.3.
Inventories
4.6.3.4.
Profitability, cash flow, investments, return on investments and ability to raise capital
4.6.4.
Conclusion on injury
5. LIKELIHOOD OF RECURRENCE OF INJURY
5.1.
Preliminary remarks
5.2.
Likelihood of re-direction of dumped imports to the Union market in case the measures lapse
5.2.1.
Production capacity and spare capacities in the PRC
5.2.2.
The attractiveness of the Union market
5.2.3.
Conclusion
5.3.
Effect on the Union industry situation
5.4.
Conclusion on likelihood of recurrence of injury of the Union industry
6. UNION INTEREST
6.1.
Interests of the Union industry
6.2.
Interest of users
6.2.1.
Costs of production
6.2.2.
Production capacity of solar glass in the Union
6.2.3.
Future market growth
6.2.4.
Conclusion on the interests of users
6.3.
Environmental aspects
6.4.
Interest of unrelated traders
6.5.
Interest of unrelated importers
6.6.
Conclusion on Union interest
7. ANTI-DUMPING MEASURES
Article 1
Article 2
Article 3
ANNEX 1