Commission Implementing Regulation (EU) 2023/1159 of 13 June 2023 imposing a definitive anti-dumping duty on imports of okoumé plywood 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

• (121) The average prices contained in the commercial offers for the review investigation period were, at CIF level at 686 EUR/m³ for full okoumé and at 458 EUR/m³ for faced okoumé for the Union market, and 371 EUR/m³ for faced okoumé for third countries. These price levels are in the same range as the price of okoumé plywood of imports from China in the review investigation period described in recital (114). Although the quantities concerned were marginal, this price level confirms the representativity of the commercial offers as indication of possible export prices of okoumé plywood from China. The average price of Chinese exports to third countries other than the Union under HS subheading 4412 31 from GTA is also in the same range. However, HS subheading 4412 31 contains products other than the product under review, so these data were not considered precise enough to provide useful information.

• (122) The Commission adjusted the prices to ex-works level following the approach described in recital (114) and compared them with the normal value as established in Section 3.3.

• (123) The dumping margins for these potential imports from China, for both product types, expressed as a percentage of the CIF Union frontier price, duty unpaid, would have been above 100 % had all these offers had entered into the Union.

4.2.   Production capacity and spare capacity in the PRC.

4.2.1.   Production in the PRC

• (124) In the absence of cooperation from the Chinese producers/exporting producers or other available information on the Chinese okoumé plywood industry, production in the PRC was established on the basis of estimates provided by the applicant in the request for the expiry review, based on its best knowledge of the market.

• (125) The applicant estimated the potential okoumé plywood production in China based on the imports of okoumé logs. Between 2017 and 2020 approximately 475 000 m³ to 1 million m³ of okoumé logs imported into China, of which it is estimated that 75 % could be used for okoumé plywood production ⁷¹. Therefore, Chinese producers could easily manufacture more than 400 000 m³ to 4 million m³ of okoumé plywood depending on the type produced. This corresponds to a minimum of twice to a maximum of 20 times the Union consumption.

4.2.2.   Production capacity in the PRC

• (126) In the absence of cooperation from the Chinese producers of okoumé plywood or other available information on the Chinese okoumé plywood industry, the situation of the Chinese plywood industry as a whole (regardless of the type of wood species used) was examined, as it was done in the previous review.

• (127) According to the information in the expiry review request, and as confirmed by the previous investigations, plywood is produced by the same companies, on the same equipment, whatever the wood species used. The previous reviews also established that okoumé plywood is more lucrative than other types of plywood.

• (128) On this basis, significant production capacity potentially available in China is indicated by the production volumes of all types of plywood, which, based on the latest available FAO statistics, accounted for 76,4 million m³ in 2021 ⁷². Evidence included in the request ⁷³ for review estimates plywood production capacity at 270 million m³ per year at the end of the review investigation period.

• (129) Given the large production capacities in the PRC, that dwarfed the EU demand of 192 000 m³ in the review investigation period regardless of the figure taken, and that only a change from other types of wood to okoumé is needed to produce okoumé plywood, there is a high likelihood that Chinese producers would use their large production capacity to shift their production from other types of plywood towards the more lucrative okoumé plywood for export to the Union if the measures expire.

4.3.   Attractiveness of the Union market.

• (130) The main element used to establish the attractiveness of the Union market should the measures be allowed to lapse was the price level of Chinese exports to other third countries compared to the price level of the Chinese exports to the Union. The commercial offers mentioned in recital (119) to the Union market and to the other third countries indicated that during the review investigation period the Union market was indeed attractive as the Chinese exports prices of okoumé plywood to the Union market were higher than the Chinese export prices to all other third markets for which commercial offers were available. Namely the export price offers at CIF level to the Union market were, on average, 23 % higher than export prices to third countries at CIF level. Thus, in the absence of measures, higher potential export prices to the Union would make the Union market attractive as exports to the Union would yield higher profits than exports to other third countries.

• (131) In addition, there are trade defence measures on imports of Chinese plywood in the Republic of Korea (anti-dumping measures on plywood with at least one outer ply of tropical wood: of a thickness less than 3,2 mm), Morocco (anti-dumping measures on all plywood), USA (anti-dumping and countervailing measures on hardwood plywood) and Türkiye (anti-dumping measures on certain types of plywood) ⁷⁴. These measures contribute to export limitations for Chinese plywood producers and to the existence of sustained significant spare capacity of plywood in China and render the Union market more attractive for Chinese plywood imports.

• (132) Therefore, if measures are allowed to expire in the EU, while other countries maintain their anti-dumping measures, the Chinese producers are likely to restart producing okoumé plywood at significant volumes for export to the Union market.

4.4.   Conclusion on the likelihood of recurrence of dumping

• (133) In view of the above, the Commission concluded that there is a strong likelihood that dumping would recur if the current measures were allowed to lapse. In particular, the level of the normal value established in the PRC, the level of Chinese export prices to third country markets and the Union, the attractiveness of the Union market and the availability of significant production capacity in the PRC all point to a strong likelihood of recurrence of dumping in case the current measures would be allowed to lapse.

5. INJURY

5.1.   Definition of the Union industry and Union production

• (134) The like product was manufactured by 16 producers in the Union during the period considered. They constitute the ‘Union industry’ within the meaning of Article 4(1) of the basic Regulation.

• (135) The total Union production during the review investigation period was established at around 174 000 m³. The Commission established the figure on the basis of the questionnaires replies from the three sampled union producers and the macro-indicator questionnaire reply submitted by the applicant.

• (136) As indicated in recital (11), sampling was applied for the determination of possible continuation or recurrence of injury suffered by the Union industry. The three Union producers selected in the sample represented 40 % of the total Union production of the like product.

5.2.   Union consumption

• (137) The Commission established the Union consumption on the basis of: a) the applicant’s data concerning Union industry’s sales of the like product, partially cross-checked with the sales volumes reported by sampled Union producers; and b) imports of the product under review from all third countries as reported in Eurostat.

• (138) Union consumption developed as follows:

Table 2

Union consumption (m³)

	2018	2019	2020	RIP
Total Union consumption	171 309	187 104	171 737	192 264
Index	100	109	100	112
Source: Eurostat, Applicant, sampled Union producers.	Source: Eurostat, Applicant, sampled Union producers.	Source: Eurostat, Applicant, sampled Union producers.	Source: Eurostat, Applicant, sampled Union producers.	Source: Eurostat, Applicant, sampled Union producers.

• (139) The review showed that Union consumption has increased by 12 % during the period considered. Union consumption was negatively affected by the outbreak of COVID-19 in 2020, but strongly rebounded during the review investigation period.

5.3.   Imports from the country concerned

5.3.1.   Volume and market share of the imports from the country concerned

• (140) The Commission established the volume of imports from China on the basis of Eurostat statistics, as duly explained in recital (136) above. Their market share was established by comparing imports to the Union consumption as set out in Table 2.

• (141) Imports into the Union from the country concerned developed as follows:

Table 3

Import volume and market share

	2018	2019	2020	RIP
Volume of imports from the PRC (m3)	100	0	43	74
Index (2018 = 100)	100	0	43	74
Market share of imports from the PRC (%)	0,06	0,00	0,03	0,04
Source: Eurostat.	Source: Eurostat.	Source: Eurostat.	Source: Eurostat.	Source: Eurostat.

• (142) The volume of imports from China was negligible over the whole period considered.

5.3.2.   Prices of the imports from the country concerned and price undercutting

• (143) The Commission established the average prices of imports from China on the basis of Eurostat statistics.

• (144) The weighted average price of imports from the country concerned developed as follows:

Table 4

Import price (EUR/m³)

	2018	2019	2020	RIP
China	370	0	481	619
Index (2018 = 100)	100	0	130	167
Source: Eurostat.	Source: Eurostat.	Source: Eurostat.	Source: Eurostat.	Source: Eurostat.

• (145) Prices from the country concerned increased by 67 % during the period considered, however they applied all the time to minimal volumes of imports. Those minimal volumes of imports from PRC do not allow any meaningful price undercutting calculations.

5.4.   Imports from third countries other than PRC

• (146) The Commission established the volumes and prices of imports from third countries applying the same methodology as for the PRC (see section 5.3.1).

• (147) The volume of imports from third countries developed over the period considered as follows:

Table 5

Imports from third countries

Country		2018	2019	2020	RIP
Gabon	Import volume (m3)	18 603	19 919	18 238	24 322
Gabon	Index (2018 = 100)	100	107	98	131
Gabon	Market share (%)	10,9	10,6	10,6	12,6
Gabon	Index (2018 = 100)	100	98	98	116
Gabon	Average price (EUR/m3)	761	745	755	769
Gabon	Index (2018 = 100)	100	98	99	101
Morocco	Import volume (m3)	6 231	8 493	8 332	9 917
Morocco	Index (2018 = 100)	100	136	134	159
Morocco	Market share (%)	3,6	4,5	4,8	5,2
Morocco	Index (2018 = 100)	100	125	134	141
Morocco	Average price (EUR/m3)	852	833	846	870
Morocco	Index (2018 = 100)	100	98	99	102
Other third countries	Import volume (m3)	466	1 922	1 837	2 490
Other third countries	Index (2018 = 100)	100	412	394	534
Other third countries	Market share (%)	0,3	1,0	1,1	1,3
Other third countries	Index (2018 = 100)	100	377	394	474
Other third countries	Average price (EUR/m3)	526	867	710	938
Other third countries	Index (2018 = 100)	100	165	135	178
Total imports excluding PRC	Import volume (m3)	25 300	30 334	28 407	36 729
Total imports excluding PRC	Index (2018 = 100)	100	120	112	145
Total imports excluding PRC	Market share (%)	14,8	16,2	16,6	19,1
Total imports excluding PRC	Index (2018 = 100)	100	110	112	129
Total imports excluding PRC	Average price (EUR/m3)	779	777	779	808
Total imports excluding PRC	Index (2018 = 100)	100	100	100	104
Source: Eurostat.	Source: Eurostat.	Source: Eurostat.	Source: Eurostat.	Source: Eurostat.	Source: Eurostat.

• (148) Among imports from third countries, imports from Gabon and Morocco were the most important. Both countries increased during the period considered their sales volumes, by 31 % and 59 % respectively, and their market shares, by 1,7 and 1,6 percentage points, respectively. Imports from other third countries increased substantially in the period considered (more than 5 times), but they represented in the review investigation period a market share of only 1,3 %.

5.5.   Economic situation of the Union industry

5.5.1.   General remarks

• (149) The assessment of the economic situation of the Union industry included an evaluation of all economic indicators having a bearing on the state of the Union industry during the period considered.

• (150) For the injury determination, the Commission distinguished between macroeconomic and microeconomic injury indicators. The Commission evaluated the macroeconomic indicators on the basis of data and information contained in the questionnaire reply of the applicant, duly cross-checked with the information in the request and the questionnaire replies of the sampled producers, and Eurostat statistics. The Commission evaluated the microeconomic indicators on the basis of data contained in the questionnaire replies from the sampled Union producers. Both sets of data were found to be representative of the economic situation of the Union industry.

• (151) The macroeconomic indicators are: production, production capacity, capacity utilisation, sales volume, market share, growth, employment, productivity, magnitude of the dumping margin, and recovery from past dumping.

• (152) The microeconomic indicators are: average unit prices, unit cost, labour costs, inventories, profitability, cash flow, investments, return on investments, and ability to raise capital.

5.5.2.   Macroeconomic indicators

5.5.2.1.   Production, production capacity and capacity utilisation

• (153) The total Union production, production capacity and capacity utilisation developed over the period considered as follows:

Table 6

Production, production capacity and capacity utilisation

	2018	2019	2020	RIP
Production volume (m3)	164 635	179 457	164 383	174 048
Index (2018 = 100)	100	109	100	106
Production capacity (m3)	286 965	299 163	288 272	306 816
Index (2018 = 100)	100	104	100	107
Capacity utilisation (%)	57,4	60,0	57,0	56,7
Index (2018 = 100)	100	105	99	99
Source: Applicant, sampled Union producers.	Source: Applicant, sampled Union producers.	Source: Applicant, sampled Union producers.	Source: Applicant, sampled Union producers.	Source: Applicant, sampled Union producers.

• (154) The production of the Union industry increased by 6 % over the period considered. It followed the trend in the Union consumption, thus a negative impact of the COVID-19 outbreak was visible in 2020, with a noticeable recovery in the review investigation period.

• (155) The production capacity also increased, by 7 % over the period considered.

• (156) Since the adaptation of the production capacity to match the higher levels of consumption took place mainly before the period considered, the capacity utilisation rate has been stable but at a lower level compared to the rates established during the review investigation period in the previous review (80 %) ⁷⁵.

5.5.2.2.   Sales volume and market share

• (157) The Union industry’s sales volume and market share developed over the period considered as follows:

Table 7

Sales volume and market share

	2018	2019	2020	RIP
Total sales volume on the Union market – unrelated customers (m3)	145 909	156 770	143 287	155 460
Index (2018 = 100)	100	107	98	107
Market share (%)	85,2	83,8	83,4	80,9
Index (2018 = 100)	100	98	98	95
Source: Eurostat, applicant, sampled Union producers.	Source: Eurostat, applicant, sampled Union producers.	Source: Eurostat, applicant, sampled Union producers.	Source: Eurostat, applicant, sampled Union producers.	Source: Eurostat, applicant, sampled Union producers.

• (158) Sales volumes of the Union industry increased over the period considered by 7 %, which was less than the 13 % increase of consumption shown in Table 2. Therefore, despite the increase in sales volumes, taking also into account the parallel increase of imports from other third countries described in recital (147), the Union industry lost 4,3 percentage points of the market share. However, the Union industry market share is still at a high level.

5.5.2.3.   Growth

• (159) During the period considered, the Union consumption increased by 13 %, whereas the Union industry’s volume of sales to unrelated customers in the Union increased by 7 %. Consequently, the Union industry has grown in absolute terms but not in terms of market share. However, growth in sales was also accompanied by growth in production, production capacity and investments.

5.5.2.4.   Employment and productivity

• (160) Employment and productivity developed over the period considered as follows:

Table 8

Employment and productivity

	2018	2019	2020	RIP
Number of employees	678	664	661	663
Index (2018 = 100)	100	98	97	98
Labour Productivity (m3/employee)	243	270	249	263
Index (2018 = 100)	100	111	102	108
Source: Applicant, sampled Union producers.	Source: Applicant, sampled Union producers.	Source: Applicant, sampled Union producers.	Source: Applicant, sampled Union producers.	Source: Applicant, sampled Union producers.

• (161) After a slight reduction between 2018 and 2019, the number of employees remained rather stable over the remaining part in the period considered – the Union industry has been employing around 660 staff. Productivity per employee increased in the period considered by 8 %.

5.5.2.5.   Magnitude of the dumping margin and recovery from past dumping

• (162) As explained in recital (117), due to the negligible volume of imports from China it was not possible to establish a representative determination of dumping during the review investigation period. The investigation therefore focused on the likelihood of a recurrence of dumping should the anti-dumping measures be allowed to lapse.

• (163) During the review investigation period, a number of injury indicators of Union industry showed favourable trends. On this basis, the Commission concluded that the Union industry recovered from past dumping.

5.5.3.   Microeconomic indicators

5.5.3.1.   Prices and factors affecting prices

• (164) The weighted average unit sales prices of the sampled Union producers to unrelated customers in the Union developed over the period considered as follows:

Table 9

Sales prices and cost of production in the Union

	2018	2019	2020	RIP
Weighted average unit sales price in the Union (EUR/m3)	956	959	987	1 033
Index (2018 = 100)	100	100	103	108
Unit cost of production (EUR/m3)	939	922	978	1 011
Index (2018 = 100)	100	98	104	108
Source: Sampled Union producers.	Source: Sampled Union producers.	Source: Sampled Union producers.	Source: Sampled Union producers.	Source: Sampled Union producers.

• (165) Unit sales prices remained stable in the first part of the period considered and then increased by 8 % in between 2019 and the review investigation period. This price increase fully reflected the increase in cost of production over the period considered.

5.5.3.2.   Labour costs

• (166) The average labour costs of the sampled Union producers developed over the period considered as follows:

Table 10

Average labour costs per employee

	2018	2019	2020	RIP
Average labour costs per employee (EUR)	31 134	31 846	30 408	31 521
Index	100	102	98	101
Source: Sampled Union producers.	Source: Sampled Union producers.	Source: Sampled Union producers.	Source: Sampled Union producers.	Source: Sampled Union producers.

• (167) Between 2018 and the review investigation period, the average labour costs per employee of the sampled Union producers was rather stable and increased overall by 1 %.

5.5.3.3.   Inventories

• (168) Stock levels of the sampled Union producers developed over the period considered as follows:

Table 11

Inventories

	2018	2019	2020	RIP
Closing stocks (m3)	5 805	3 762	4 793	4 245
Index	100	65	83	73
Closing stocks as a percentage of production	9,6	5,8	7,6	6,1
Index	100	61	79	64
Source: Sampled Union producers.	Source: Sampled Union producers.	Source: Sampled Union producers.	Source: Sampled Union producers.	Source: Sampled Union producers.

• (169) Usually, okoumé plywood is produced on order and the stock levels are therefore typically low. In 2018 they remained at a relatively high level, but over the period considered decreased by 36 %, from 9,6 % in relation to production volumes in 2018 to 6,1 % of production volumes in the review investigation period.

5.5.3.4.   Profitability, cash flow, investments, return on investments and ability to raise capital

• (170) Profitability, cash flow, investments and return on investments of the sampled Union producers developed over the period considered as follows:

Table 12

Profitability, cash flow, investments and return on investments

	2018	2019	2020	RIP
Profitability of sales in the Union to unrelated customers (% of sales turnover)	2,5	3,9	3,3	6,9
Index	100	159	133	277
Cash flow (EUR)	913 814	209 034	1 037 362	-1 179 393
Index	100	23	114	- 129
Investments (EUR)	1 572 178	5 030 991	1 551 446	2 021 386
Index	100	320	99	129
Return on investments (%)	3,6	6,9	6,9	18,2
Index	100	190	190	502
Source: Sampled Union producers.	Source: Sampled Union producers.	Source: Sampled Union producers.	Source: Sampled Union producers.	Source: Sampled Union producers.

• (171) The Commission established the profitability of the sampled Union producers by expressing the pre-tax net profit of the sales of the like product to unrelated customers in the Union as a percentage of the turnover of those sales. Over the whole period considered, the Union industry remained profitable with an increasing trend. In the review investigation period profitability reached the level of almost 7 %.

• (172) The net cash flow is the ability of the Union producers to self-finance their activities. Overall, in absolute terms cash flow was at a low level throughout the period considered and it was lower than during the period considered of the previous review. However, it still continued to be positive except during the review investigation period.

• (173) Union producers continued investments over the whole period considered. The investments peaked in 2019. After a drop in the following year, which was obviously impacted by Covid-19, investments increased again in the review investigation period to a level 29 % higher than at the beginning of period considered.

• (174) The return on investments is the profit in percentage of the net book value of investments. It developed positively during the period considered. During the review investigation period return on assets of the Union producers was 5 times higher than in 2018.

• (175) None of the sampled Union producers reported any difficulties in their ability to raise capital.

5.6.   Conclusion on injury

• (176) The volume of imports from the country concerned was negligible during the period considered.

• (177) During the period considered, the Union industry increased its production, production capacity and sales volumes. Loss of market share was noted, but this took place in the situation of overall consumption increase. The level of employment was marginally reduced, while productivity increased.

• (178) In terms of financial indicators, it should be underlined that despite a constant increase of costs of production, the Union industry kept being profitable in all the years of the period considered. In the review investigation period, its profitability reached a level of almost 7 %. Furthermore, the Union industry increased investments and achieved a very good return on them.

• (179) On the basis of the above, the Commission concluded that the Union industry did not suffer material injury within the meaning of Article 3(5) of the basic Regulation during the review investigation period.

6. LIKELIHOOD OF RECURRENCE OF INJURY

• (180) The Commission concluded in recital (178) that the Union industry did not suffer material injury during the review investigation period. Therefore, the Commission assessed, in accordance with Article 11(2) of the basic Regulation, whether there would be a likelihood of recurrence of injury originally caused by the dumped imports from China if the measures were allowed to lapse.

• (181) In this regard, the Commission examined the production capacity in China, the attractiveness of the Union market, and the impact of the potential import volume and import prices on the Union industry’s situation should the measures be allowed to lapse.

• (182) First, as described in recitals (125) to (128) above, in view of the considerable production capacities in China, it is likely that in the absence of measures imports from China would resume in significant quantities. As an indication of the potential of Chinese exporting producers to quickly increase their production and exports of okoumé plywood, it is recalled that in the original investigation Chinese exporting producers were able to increase their exports to the Union market from around 9 500 m³ to more than 83 500 m³ in less than three years (from 2001 to mid-2003). This figure should be seen against the background of 192 000 m³ of Union consumption and 174 000 m³ of Union industry production in the current RIP.

• (183) No elements have been found that would indicate that the use of okoumé in the production of plywood in China has been substituted in a stable manner by other wood species. As explained in recital (126) the Chinese producers are still using okoumé to manufacture plywood. Due to the anti-dumping duties in place, imports from China almost ceased during the period considered, nevertheless, as confirmed by the investigation, there was a considerable demand for okoumé plywood on the Union market during the same period.

• (184) Second, the prices on the Union market are relatively high in comparison to prices at which Chinese exporting producers can export their production, which makes the Union market very attractive for exporting producers in China.

• (185) In this regard the Commission made an analysis concerning the likely price level at which the Chinese exporting producers would export to the Union market.

• (186) With no exporting producer from the PRC cooperating and only very limited Chinese imports registered in Eurostat, the Commission used for the undercutting calculations the Chinese prices taken from commercial offers as provided by the applicant in the request (used also for dumping margin calculations as described in recital (119)) as an indication of possible price level at which Chinese producers would export the product concerned to the Union. Those prices were adjusted by adding the conventional rate of custom duty and post importation costs.

• (187) After comparison of the Chinese CIF prices, thus established, to the ex-work sales prices of the sampled Union producers, undercutting of 40,8 % and 58,1 % was found for full okoumé plywood and faced okoumé plywood respectively.

• (188) Moreover, the Chinese commercial offers taken into account in this calculation clearly show that prices to third countries are significantly lower (see recital (129) above) than prices to the Union, which additionally emphasizes the attractiveness of the Union market in terms of price level.

• (189) In the likely scenario that imports from China of the product concerned would re-enter the Union market at prices considerably below the Union industry prices and in significant quantities, the Union industry would not be in a position to maintain its current price levels. This likely depression of prices would indeed jeopardise the current recovery progress of the Union industry and the Union industry would be brought to losses very quickly.

• (190) Moreover, the Union industry would rapidly lose sales and market share on the Union market and production would consequently decrease. As a result the capacity utilisation rate would decrease again.

• (191) On this basis, it is concluded that the absence of measures would in all likelihood result in a significant increase of dumped imports from China at injurious prices and material injury would be likely to recur.

7. UNION INTEREST

• (192) In accordance with Article 21 of the basic Regulation, the Commission examined whether maintaining the existing anti-dumping measures would be against the interest of the Union as whole. The determination of the Union interest was based on an appreciation of all the various interests involved, including those of the Union industry, importers, and users.

• (193) All interested parties were given the opportunity to make their views known pursuant to Article 21(2) of the basic Regulation.

• (194) On this basis, the Commission examined whether, despite the conclusions on the likelihood of recurrence of dumping and injury, compelling reasons existed which would lead to the conclusion that it was not in the Union interest to maintain the existing measures.

7.1.   Interest of the Union industry

• (195) As concluded in recital (178), the Union industry is no longer suffering from material injury. However, as concluded in recital (190), the Union industry would not be able to cope with a removal of the measures, which would likely to result in a significant quantity of dumped imports entering the Union market at prices undercutting those of the Union industry. A repeal of the measures would therefore put the industry’s long term financial viability at stake. The continuation of the measures, therefore, is in the interest of the Union industry.

7.2.   Interest of unrelated importers and users

• (196) All known unrelated importers and users were informed about the initiation of the review. However, the Commission received no cooperation from unrelated importers and users.

• (197) Therefore, there were no indications that the maintenance of the measures would have a negative impact on the users and/or importers outweighing the positive impact of the measures.

7.3.   Conclusion on Union interest

• (198) On the basis of the above, the Commission concluded that there were no compelling reasons of Union interest against the maintenance of the existing measures on imports of okoumé plywood originating in China.

8. ANTI-DUMPING MEASURES

• (199) On the basis of the conclusions reached by the Commission on the likelihood of recurrence of dumping, likelihood of recurrence of injury and Union interest, the anti-dumping measures applicable to imports of okoumé plywood originating in China should be maintained.

• (200) The individual company anti-dumping duty rates specified in Article 1(2) of this Regulation are exclusively applicable to imports of the product under review originating in China and produced by the named legal entities. Imports of the product under review produced by any other company not specifically mentioned in the operative part of this Regulation, including entities related to those specifically mentioned, should be subject to the duty rate applicable to ‘all other companies’. They should not be subject to any of the individual anti-dumping duty rates.

• (201) A company may request the application of these individual anti-dumping duty rates if it changes subsequently the name of its entity. The request must be addressed to the Commission ⁷⁶. The request must contain all the relevant information demonstrating that the change does not affect the right of the company to benefit from the duty rate which applies to it. If the change of name of the company does not affect its right to benefit from the duty rate which applies to it, a regulation about the change of name will be published in the Official Journal of the European Union.

• (202) To minimize the risks of circumvention due to the difference in duty rates, special measures are needed to ensure the application of the individual anti-dumping duties. The companies with individual anti-dumping duties must present a valid commercial invoice to the customs authorities of the Member States. The invoice must conform to the requirements set out in Article 1(3) of this regulation. Imports not accompanied by that invoice should be subject to the anti-dumping duty applicable to ‘all other companies’.

• (203) While presentation of this invoice is necessary for the customs authorities of the Member States to apply the individual rates of anti-dumping duty to imports, it is not the only element to be taken into account by the customs authorities. Indeed, even if presented with an invoice meeting all the requirements set out in Article 1(3) of this regulation, the customs authorities of Member States must carry out their usual checks and may, like in all other cases, require additional documents (shipping documents, etc.) for the purpose of verifying the accuracy of the particulars contained in the declaration and ensure that the subsequent application of the lower rate of duty is justified, in compliance with customs law.

• (204) Should the exports by one of the companies benefiting from lower individual duty rates increase significantly in volume after the continuation of the measures, such an increase in volume could be considered as constituting in itself a change in the pattern of trade due to the continuation of measures within the meaning of Article 13(1) of the basic Regulation. In such circumstances and provided the conditions are met an anti-circumvention investigation may be initiated. This investigation may, inter alia, examine the need for the removal of individual duty rate(s) and the consequent imposition of a country-wide duty to the company benefiting from the lower individual anti-dumping duty rate.

• (205) All interested parties were informed of the essential facts and considerations on the basis of which it was intended to recommend that the existing measures be maintained. All parties were also granted a period to make representations subsequent to this disclosure and to request a hearing with the Commission and/or the Hearing Officer in trade proceedings. No comments from interested parties were received.

• (206) In view of Article 109 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council ⁷⁷ when an amount is to be reimbursed following a judgment of the Court of Justice of the European Union, the interest to be paid should be the rate applied by the European Central Bank to its principal refinancing operations, as published in the C series of the Official Journal of the European Union on the first calendar day of each month.

• (207) The Committee established by Article 15(1) of Regulation (EU) 2016/1036 did not deliver an opinion on the measures provided for in this Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

Company	Duty rate	TARIC additional code
Nantong Zongyi Plywood Co. Ltd Xingdong Town, Tongzhou City, Jiangsu Province, People’s Republic of China	9,6  %	A526
Zhejiang Deren Bamboo-Wood Technologies Co. Ltd Linhai Economic Development Zone, Zhejiang, People’s Republic of China	23,5  %	A527
Zhonglin Enterprise (Dangshan) Co. Ltd Xue Lou Miao Pu, Dangshan County, Anhui Province 235323, People’s Republic of China	6,5  %	A528
Jiaxing Jinlin Lumber Co. Ltd North of Ganyao Town, Jiashan, Zhejiang Province, People’s Republic of China	17 %	A529
All other companies	66,7  %	A999

Article 2

This Regulation shall enter into force on the day following that of 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.

Done at Brussels, 13 June 2023.

For the Commission

The President

Ursula VON DER LEYEN

https://doi.org/10.1787/eco_surveys-chn-2019-en (accessed on 8 February 2023).

Ref: t22.006603