LegalizeCommission Implementing Regulation (EU) 2021/1474 of 14 September 2021 extending the definitive anti-dumping duty imposed by Implementing Regulation (EU) 2015/2384 and Implementing Regulation (EU) 2017/271 on imports of certain aluminium foil originating in the People’s Republic of China to imports of certain aluminium foil consigned from Thailand, whether declared as originating in Thailand or not
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Done at Brussels, 14 September 2021.
For the Commission
The President
Ursula VON DER LEYEN
Council Regulation (EC) No 925/2009 of 24 September 2009 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain aluminium foil originating in Armenia, Brazil and the People’s Republic of China (OJ L 262, 6.10.2009, p. 1).
Commission Implementing Regulation (EU) 2015/2384 of 17 December 2015 imposing a definitive anti-dumping duty on imports of certain aluminium foils originating in the People’s Republic of China and terminating the proceeding for imports of certain aluminium foils originating in Brazil following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009 (OJ L 332, 18.12.2015, p. 63).
Commission Implementing Regulation (EU) 2017/271 of 16 February 2017 extending the definitive anti-dumping duty imposed by Council Regulation (EC) No 925/2009 on imports of certain aluminium foil originating in the People’s Republic of China to imports of slightly modified certain aluminium foil (OJ L 40, 17.2.2017, p. 51), and amended by Commission Implementing Regulation (EU) 2017/2213 of 30 November 2017 amending Commission Implementing Regulation (EU) 2017/271 extending the definitive anti- dumping duty imposed by Council Regulation (EC) No 925/2009 on imports of certain aluminium foil originating in the People’s Republic of China to imports of slightly modified certain aluminium foil (OJ L 316, 1.12.2017, p. 17).
Commission Implementing Regulation (EU) 2020/2162 of 18 December 2020 initiating an investigation concerning possible circumvention of the anti-dumping measures imposed by Implementing Regulation (EU) 2015/2384 and Implementing Regulation (EU) 2017/271 on imports of certain aluminium foil originating in the People’s Republic of China by imports of certain aluminium foil consigned from Thailand, whether declared as originating in Thailand or not, and making such imports subject to registration (OJ L 431, 21.12.2020, p. 48).
On 15 March 2021 the Dingsheng group also filed an application with the EU General Court for the annulment of the initiating Regulation, partly based on the same reasoning as set out in Section 1.5 of the current Regulation. That Court case was still pending during the current investigation.
HS (Harmonized System) codes, developed by the World Customs Organization, are international standardised product classifications applied by over 200 countries in the world. The first six digits of a common tariff number (commodity code) is the same in all these countries. CN codes (Common Nomenclature) are the commodity codes used by the EU to classify products, These codes are eight digits long, of which the first six are identical to HS codes. A TARIC code is based on the CN code, with an additional two digits to reveal information concerning anti-dumping and other duties or quotas.
Judgment of 15 December 2016 in Case RENV, Gul Ahmed Textile Mills v Council, T-199/04, paragraph 100.
With small rolls is meant aluminium foil of a thickness of 0,007 mm or more but less than 0,021 mm, not backed, not further worked than rolled, whether or not embossed, in low weight rolls of a weight not exceeding 10 kg. Imports of small rolls from the PRC are subject to anti-dumping measures (originally imposed by Council Implementing Regulation (EU) No 217/2013 of 11 March 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain aluminium foils in rolls originating in the People’s Republic of China (OJ L 69, 13.3.2013, p. 11). Imports of small rolls from Thailand are also subject to an anti-circumvention investigation (Commission Implementing Regulation (EU) 2020/2161 of 18 December 2020 initiating an investigation concerning possible circumvention of the anti-dumping measures imposed by Implementing Regulation (EU) 2019/915 on imports of certain aluminium foil in rolls originating in the People’s Republic of China by imports of certain aluminium foil in rolls consigned from Thailand, whether declared as originating in Thailand or not, and making such imports subject to registration (OJ L 431, 21.12.2020, p. 42)).
Notice on the consequences of the COVID-19 outbreak on anti-dumping and anti-subsidy investigations (OJ C 86, 16.3.2020, p. 6).
Recital (72) and Article 1(4) of Implementing Regulation (EU) 2017/271 (OJ L 40, 17.2.2017, p. 51).
On the application of the end-use procedure to imports from Thailand, see also recitals (76)-(78) below.
https://www.gtis.com/gta/
The import data presented in this Regulation cannot be compared as such to the data published in the regulations following the original or review investigations. The previous investigation used data related to the EU-28, including the United Kingdom, while the current investigation includes only the EU-27 following the United Kingdom’s withdrawal from the Union in 2020.
Recitals 73 – 80 of Implementing Regulation (EU) 2017/271 (OJ L 40, 17.2.2017, p. 51). See also recital (33) above.
The foil stock quantities have been adapted, in as far as possible, to reflect foil stock which can actually be used to produce aluminium household foil, and not, for example, for the printing industry, based on the specific product descriptions in the Global Trade Atlas.
Section 4.4 of Regulation (EC) No 925/2009 (OJ L 262, 6.10.2009, p. 1), and recitals 80 – 82 of Implementing Regulation (EU) 2015/2384 (OJ L 332, 18.12.2015, p. 63).
Recitals 46 – 49 of Implementing Regulation (EU) 2017/271 (OJ L 40, 17.2.2017, p. 51).
See https://www.europages.co.uk/DING-HENG-NEW-MATERIALS-COLTD/00000005395623-719214001.html (last accessed 26 April 2021).
TPL also provided some arguments to explain why it believes that its (confidential) Thai supplier should be exempted from the scope of the measures, providing what, in TPL’s opinion, is sufficient economic justification for setting up production in Thailand. However, TPL is not an importer of the product under investigation but of converter foil, and cannot in any event argue for an exemption on behalf of its supplier. Moreover, the relevant statements were based on TPL’s ‘best knowledge and market intelligence’, and no further proof was provided to support the arguments. However, the arguments put forward by TPL are in part similar to those used by Dingheng, and are as such addressed in this Regulation.
Updated for the reporting period to reflect LME fluctuations.
An expiry review investigation of the existing anti-dumping measures on the imports of jumbo rolls from China was initiated on 17 December 2020 (OJ C 436, 17.12.2020, p. 10).
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