Council Implementing Regulation (EU) No 248/2011 of 9 March 2011 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain continuous filament glass fibre products originating in the People’s Republic of China

• (133) The complainant argued that the 5 % target profit, as established at the provisional stage, was excessively low and it reiterated the view that a level between 12 % and 15 % would be more justified, in view of the fact that the glass fibres industry is highly capital intensive. It argued that such a much higher profitability level would be necessary to generate a healthy return on capital and allow for new investments. However, the above claim was not convincingly substantiated and it is therefore concluded that the 5 % profit margin established at the provisional stage should be maintained.

• (134) As regards the determination of the injury elimination level, as already stated in recital 71 above, the changes in methodology that affected the calculation of price undercutting — that is, (i) the exclusion of yarns,(ii) the grouping of product types, and (iii) the adjustment for post-importation costs — were also applied in the calculation of the injury elimination level.

• (135) In order to exclude yarns and to take into account the specificities of each product group (rovings, chopped strands and mats) in the injury analysis, the Commission made use of the detailed financial information submitted separately by product type by the sampled Union producers. In this respect, the separate financial data of the main product groups (rovings, chopped strands and mats) were used instead of the overall data which have been used in the provisional calculations and which included yarns (see recital 155 of the provisional Regulation). The resulting calculation better reflects the situation on the market and takes into account the revised product scope as well as the specificities of the main product types to the extent possible.

• (136) The above changes resulted in a considerable revision of the provisional injury elimination levels.

Definitive measures

• (137) In the light of the foregoing, it is considered that, in accordance with Article 9 of the basic Regulation, definitive anti-dumping measures on imports of the product concerned should be imposed.

• (138) As the injury elimination levels are now lower than the dumping margins established, the definitive measures should be based on the injury elimination level.

• (139) On the basis of the above, the duty rate, expressed as a percentage of the CIF Union frontier price, customs duty unpaid, is as follows:

• (140) The individual company anti-dumping duty rate specified in this Regulation was established on the basis of the findings of the present investigation. Therefore, it reflects the situation found during that investigation with respect to the company concerned. This duty rate (as opposed to the country-wide duty applicable to ‘all other companies’) is thus exclusively applicable to imports of products originating in the country concerned and produced by the company mentioned. Imported products produced by any other company not specifically mentioned in the operative part of this Regulation with its name and address, including entities related to those specifically mentioned, cannot benefit from this rate and shall be subject to the duty rate applicable to ‘all other companies’.

• (141) Any claim requesting the application of this individual company anti-dumping duty rate (e.g. following a change in the name of the entity or following the setting up of new production or sales entities) should be addressed to the Commission ([^E0005]) forthwith with all relevant information, in particular any modification in the company’s activities linked to production, domestic and export sales associated with, for example, that name change or that change in the production and sales entities. If appropriate, the Regulation will then be accordingly amended by updating the reference to the company benefiting from an individual duty rate.

• (142) In order to ensure a proper enforcement of the anti-dumping duty, the country-wide duty level should not only apply to the non-cooperating exporting producers but also to those producers which did not have any exports to the Union during the IP.

Definitive collection of provisional duties

• (143) In view of the magnitude of the dumping margin found and given the level of the injury caused to the Union industry, it is considered necessary that the amounts secured by way of provisional anti-dumping duty imposed by the provisional Regulation should be definitively collected to the extent of the amount of the definitive duties imposed. As yarns are now excluded from the product scope (see recitals 13 to 24), the amounts provisionally secured on imports of yarns should be released. As the definitive duty rates are lower than the provisional duty rates, amounts provisionally secured in excess of the definitive rate of anti-dumping duty should be released,

HAS ADOPTED THIS REGULATION:

Article 1

Article 2

Article 3

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

[^E0001]: OJ L 343, 22.12.2009, p. 51.

[^E0002]: OJ L 243, 16.9.2010, p. 40.

[^E0003]: JEC Composites Magazine, No 58 June-July 2010, p. 14.

[^E0004]: WTO Panel Report in dispute: WT/DS337/R of 16 November 2007 (EU Salmon).

[^E0005]: European Commission, Directorate-General for Trade, Directorate H, Office N105 04/092, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË.