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Commission Implementing Regulation (EU) 2024/357 of 23 January 2024 imposing a definitive anti-dumping duty on imports of certain open mesh fabrics of glass fibres originating in the People’s Republic of China as extended to imports consigned from India, Indonesia, Malaysia, Taiwan and Thailand following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and the Council

Type Implementing Regulation

Publication 2024-01-24

State In force

Text As published

Department European Commission, TRADE

Source EUR-Lex

articles 2

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

Reform history JSON API

(152) In the case of Moldova, however, 86 % of glass fibre yarns imports and 90 % of glass fibre rovings imports into the country were of Chinese or Belarussian origin in 2022. Moldova could therefore not be considered a suitable representative country as its raw material import prices were predominantly from China or a non-WTO member country.

3.4.3. North Macedonia

(153) For North Macedonia, the Commission was unable to find financial information for the one known producer, Technical Textiles DOO ⁷⁹. The Commission also noted that the vast majority of imports of the main raw materials into North Macedonia were of Chinese origin.

(154) North Macedonia could therefore neither be considered a suitable representative country.

3.4.4. Conclusion

(155) The Commission considered that India could be an appropriate representative country because of the nature of this expiry review proceeding, where the Commission would not propose a new level of dumping margin but only examine whether dumping continued or is likely to recur based on an estimation of the level of dumping based on current export prices to the Union or to third countries.

(156) In low-middle income countries, such as India, factors of production are likely to be cheaper than in countries with a higher level of economic development, such as the PRC.

(157) This is likely to result in a normal value and therefore a dumping margin that is understated.

(158) However, since the current investigation is an expiry review where the question is whether dumping is likely to continue or recur irrespective of the actual level, the Commission considered that India could exceptionally be considered an appropriate source for the undistorted costs and prices although the ensuing calculation of normal value would likely be underestimated.

(159) In this respect, the Commission noted that the normal value established on the basis of this very conservative approach already showed significant dumping.

(160) In this context, India was found to be an appropriate representative country.

(161) Finally, given the absence of cooperation and having established that India was an appropriate representative country, there was no need to carry out an assessment of the level of social and environmental protection in accordance with the last sentence of Article 2(6a)(a) first indent of the basic Regulation.

(162) In the absence of cooperation, as proposed in the expiry review request and given that India met the criteria laid down in Article 2(6a)(a), first indent of the basic Regulation, the Commission selected it as the appropriate representative country.

3.5. Sources used to establish undistorted costs

(163) In the Note on sources, the Commission listed the factors of production such as materials, energy and labour used in the production of the product under review by the exporting producers.

(164) The Commission also stated in the Note on sources that, in order to construct the normal value in accordance with Article 2(6a)(a) of the basic Regulation, it would use GTA to establish the undistorted cost of the factors of production, notably the main raw materials.

(165) In addition, the Commission stated that it would use data from the Maharashtra State Electricity Distribution Company Ltd., the Ministry of Petroleum & Natural Gas and the Ministry of Labour and Employment of the Government of India for establishing undistorted costs of electricity, gas and labour respectively.

(166) The Commission informed interested parties that, it would also include a value for manufacturing overhead costs in order to cover costs not included in the factors of production referred to above. The Commission established the ratio of manufacturing overheads to manufacturing costs based on the information provided in the request for review.

(167) Finally, the Commission stated that to establish SG&A and profit, it would use the financial data from two Indian producers of the product under review as set out in recital (43) above.

3.6. Undistorted costs and benchmarks

3.6.1. Factors of production

(168) Considering all the information based on the request for review and subsequent information submitted by the applicant and verified on spot and in the absence of cooperation by Chinese exporting producers or any comments on the Note on sources, the following factors of production and their sources have been identified in order to determine the normal value in accordance with Article 2(6a)(a) of the basic Regulation:

Table 1

Factors of production of certain open mesh fabrics of glass fibres

Factors of Production	Commodity Codes	Source of data	Unit of measurement	Undistorted value (CNY)
Raw Materials	Raw Materials	Raw Materials	Raw Materials	Raw Materials
Rovings	7019 12 00	GTA⁸⁰	Kilogram (kg)	7,08
Yarn and slivers	7019 19 00	GTA	kg	13,94
Styrene-butadiene rubber	4002 11 00	GTA	kg	9,38
Adhesive	3506 91 10	GTA	kg	16,99
Energy	Energy	Energy	Energy	Energy
Electricity	N/A	Maharashtra Electricity Regulatory Commission⁸¹	Kilowatt-hour (kWh)	0,73
Natural gas	N/A	Petroleum Planning & Analysis Cell Ministry of Petroleum & Natural Gas, Government of India⁸²		0,08
Labour	Labour	Labour	Labour	Labour
Labour	N/A	Labour Bureau Ministry of Labour and Employment, Government of India⁸³	Full-time equivalent (‘FTE’)	0,08

3.6.2. Raw materials

(169) In order to establish the undistorted price of the main raw materials as delivered at the factory gate of a representative country producer, the Commission used as a basis the weighted average import price to the representative country as reported by GTA, to which import duties and transport costs were added. An import price in the representative country was determined as a weighted average of unit prices of imports from all third countries excluding the PRC and countries which are not members of the WTO, listed in Annex 1 of Regulation (EU) 2015/755 of the European Parliament and the Council ⁸⁴.

(170) The Commission decided to exclude imports from the PRC into the representative country as it concluded that it is not appropriate to use domestic prices and costs in the PRC due to the existence of significant distortions in accordance with Article 2(6a)(b) of the basic Regulation.

(171) Given that there is no evidence showing that the same distortions do not equally affect products intended for export, the Commission considered that the same distortions affected export prices. After excluding imports from the PRC into the representative country, the volume of imports from other third countries remained representative.

(172) Following the analysis of the data on the raw materials used for the production of OMF of a representative Union producer and given the absence of cooperation from the Chinese exporting producers, the Commission decided to distinguish the construction of the normal value for the two categories of OMF: OMF in rolls and OMF in tapes.

(173) For this reason, in addition to the factors of production listed in the Note to the file of 10 February 2023, the Commission added to the list of raw materials the adhesive (commodity code 3506 91 10) which was used for the construction of the normal value for OMF in the form of tapes.

(174) The Commission calculated the share of consumables on the total manufacturing costs in the review investigation period. To establish an undistorted value of such cost components and given the absence of cooperation from the exporting producers, the Commission used facts available in accordance with Article 18 of the basic Regulation and based its findings on the data provided by the applicant.

(175) The share of consumables was specific for each category of OMF products and represented 4,9 % and 5,1 % of the total cost of manufacturing for OMF in rolls and in tapes respectively. These percentages were then applied to the undistorted value of the cost of manufacturing to determine the undistorted value of consumables.

(176) Normally, domestic transport prices should also be added to the raw materials import prices. However, considering the non-cooperation as well as the nature of this expiry review investigation, which is focused on finding whether dumping continued during the review investigation period or could reoccur, rather than finding its exact magnitude, the Commission decided that adjustments for domestic transport were unnecessary. Such adjustments would only result in increasing the normal value and hence confirming the existence of dumping by a higher amount.

3.6.3. Labour

(177) To establish the benchmark for labour costs in the representative country, the Commission used the latest available data from the Labour Bureau of the Ministry of Labour and Employment published by the Indian Government. The average wage in for the glass industry in the region of Maharashtra for 2016 was 329,85 INR/day. The average wage for 2016 was subsequently indexed to the last available wage index indicator, namely the second half of 2020 to 1 566,79 INR/day. It resulted in an average hourly labour cost per FTE of 3,53 EUR/h which corresponded to 0,08 CNY per square metre ⁸⁵.

3.6.4. Electricity

(178) To establish the price of electricity, the Commission used the latest available data on industrial electricity prices as charged by one of the largest electricity suppliers in India, namely Maharashtra State Electricity Distribution Company Ltd, as reported by the Maharashtra Electricity Regulatory Commission ⁸⁶.

(179) According to the information available, the average industrial tariff for years 2021–2022 was 8,49 INR/kWh and the average industrial tariff for years 2022–2023 was 8,54 INR/kWh. Because the review investigation period covers 6 months of 2021 and 6 months of 2022, the weighted average industrial tariff for the RIP was 8,51 INR/kWh, which corresponds to 0,73 CNY/kWh ⁸⁷.

3.6.5. Natural gas

(180) To establish the price of natural gas supplied to industrial users, the Commission used the price of natural gas in India for the review investigation period as published by the Petroleum Planning & Analysis Cell of the Ministry of Petroleum & Natural Gas of the Government of India.

(181) The unit price of natural gas in India was taken from the ‘Domestic Natural Gas Price’ reports and was reported as 1,8 USD/MMBtu ⁸⁸ for the period April 2021– September 2021, 2,9 USD/MMBtu for the period October 2021–March 2022 and 6,1 USD/MMBtu for the period of April 2022–September 2022.

(182) This was converted to an average unit cost of 0,08 CNY/kWh for the review investigation period ⁸⁹.

3.6.6. Manufacturing overhead costs, SG&A, and profits

(183) According to Article 2(6a)(a) of the basic Regulation, ‘the constructed normal value shall include an undistorted and reasonable amount for administrative, selling and general costs and for profits’. In addition, a value for manufacturing overhead costs needs to be established to cover costs not included in the factors of production referred to above.

(184) To establish an undistorted value of the manufacturing overheads and given the absence of cooperation from the producers in the PRC, the Commission used facts available in accordance with Article 18 of the basic Regulation. Therefore, based on the data provided by the applicant, the Commission established the ratio of manufacturing overheads to the total manufacturing costs. Manufacturing overheads included the cost of plant overheads, warehouse overheads, depreciation, maintenance, supply and services (such as land filling, cleaning services and outsourcing).

(185) The share of manufacturing overheads represented around 7 % and 11 % of the total cost of manufacturing for OMF in rolls and in tapes respectively. These percentages were then applied to the undistorted value of the total cost of manufacturing to obtain the undistorted value of manufacturing overheads, depending on the category of OMF produced.

(186) For establishing an undistorted and reasonable amount for SG&A and profit, the Commission relied on the most recent available financial data of two producers in India that had been identified in the Note to the file on the relevant sources as active and profitable producers of OMF during the review investigation period.

(187) The financial data of the two companies were consolidated and the Commission calculated an average share of SG&A and profit applicable to the calculation of the constructed normal value. Financial data for the following companies were used, as publicly available on the database Orbis Bureau van Dijk [^ntr90-L_202400357EN.000101-E0090]:

— Montex Glass Fibre Industries Private Limited (financial year end 31 March 2022);

— Pyrotek India Private Limited (financial year end 31 March 2022).

3.7. Calculation of the normal value

(188) On the basis of the above, the Commission constructed the normal value per product type (namely OMF in rolls and OMF in tapes as explained in recital (172) on an ex-works basis in accordance with Article 2(6a)(a) of the basic Regulation.

(189) According to the information in the expiry review request, subsequently verified based on the data of one of the Union producers that cooperated in the investigation and that provided specific information for that purpose, OMF in rolls and in tapes are both produced using roving, yarn and styrene-butadiene rubber. OMF in tapes also has an adhesive coating.

(190) Therefore, the undistorted value for the adhesive coating was used, together with all other raw materials, to construct normal value for OMF in tapes, while it was not used to construct normal value for OMF in rolls. The methodology, explained in the following recitals, is the same in both cases.

(191) First, the Commission established the undistorted manufacturing costs. In the absence of cooperation by the exporting producers, the Commission relied on the information ⁹¹ provided by the applicant in the review request and one sampled exporting producer, which was verified on-spot, on the consumption of each factor (raw materials, labour and electricity) for the production of the product under review.

(192) The Commission multiplied the consumption volumes by the undistorted costs per unit observed in India, as described in Section 3.6.2. A number of factors of production that represented a negligible share of total raw material costs in the review investigation period were expressed as a percentage of the main raw materials as explained in recital (166). The Commission applied that percentage to the undistorted cost of the main raw materials to arrive at an undistorted value.

(193) Once the undistorted manufacturing cost was established, the Commission added the manufacturing overheads, SG&A and profit as established in recitals (183) to the undistorted costs of manufacturing:

— Manufacturing overheads, as established in recital (185),

— SG&A, which accounted for 43 % of turnover, and

— Profits, which amounted to 16 % of turnover, were applied to the total undistorted costs of manufacturing.

(194) On that basis, the Commission constructed the normal value per product type, as explained in recital (189), on an ex-works basis in accordance with Article 2(6a)(a) of the basic Regulation.

3.8. Export price

(195) In the absence of cooperation by the Chinese exporting producers, the export price was determined based on Eurostat import data, at a cost, insurance and freight (‘CIF’) level. This CIF price was reduced by the sea freight and domestic transport cost in China, to arrive at the export price at ex-works level. The amounts deduced were based on the information contained in the expiry review request.

3.9. Comparison and dumping margin

(196) In the absence of cooperation by Chinese exporting producers, the Commission had no information on the product types exported. The Commission therefore compared the normal values established in accordance with Article 2(6a)(a) of the basic Regulation, for OMF in rolls and OMF in tapes, with the export price on an ex-works basis as established above.

(197) On that basis, the dumping margin for imports from China, expressed as a percentage of the CIF Union frontier price, duty unpaid, resulted in an average of 169 %.

(198) However, the quantity of imports from China was small and only represented 0,76 % market share of the Union market. The Commission therefore concluded that a dumping margin established on the basis of such quantities is indicative, but that it did not provide a sufficient basis for a finding of continuation of dumping and the Commission therefore also investigated the likelihood of recurrence of dumping.

3.10. Likelihood of recurrence of dumping

(199) The Commission investigated, in accordance with Article 11(2) of the basic Regulation, the likelihood of recurrence of dumping should the measures be allowed to lapse.

(200) The following additional elements were analysed:

(a) the likely dumping levels in the Union market shall the measures be allowed to lapse;

(b) the production capacity and spare capacity in the PRC; and

3.10.1. Likely dumping levels in the Union market shall the measures be allowed to lapse

(201) To determine the likely level of export prices to the Union should the measures be allowed to lapse, and given the absence of cooperation of Chinese producers, the Commission based the export price on facts available, in accordance with Article 18 of the basic Regulation.

(202) The Commission analysed Chinese export prices of OMF to its main three export markets as reported in GTA. These exports together represented around 50 % of Chinese export sales volumes in the review investigation period. The export markets in question were India, Russia and Türkiye. Subsequently, the Commission compared these export prices with the normal values established as described in Section 3.7.

(203) The comparison showed that the normal value established by the Commission was at least one and a half times higher than the average export prices from China to each of these three markets, as reported in GTA.

(204) There was no information on the case file suggesting that, should the measures be allowed to lapse, prices to the Union would be any different.

(205) The Commission therefore considered that, should the measures be allowed to lapse, exports from China to the Union would likely be at dumped prices.

3.10.2. Production capacity and spare capacity in the PRC

(206) In the absence of cooperation from the Chinese producers/exporting producers or other available information on the production and spare capacity in the PRC, the Commission has relied on the evidence provided in the request for review and the applicant’s submission when assessing the spare capacity in China.

(207) According to the request and above submission, the Chinese OMF producers have significant spare capacities. In 2021, the estimated OMF production capacities in Chine were approximately 2,8 billion square meters while the domestic OMF consumption was estimated at only approximately 1,2 billion square meters. With exports amounting to 1,5 billion square meters, Chinese producers had a spare capacity of around 450 million square meters ⁹². That figure equals to almost half of the size of the Union market.

3.10.3. Attractiveness of the Union market

(208) The request states that the Chinese export market currently relies on small shipments to low volume markets, which is expensive and requires high levels of organisation, logistics and shipping costs.

(209) It would therefore be much more attractive for the Chinese exporting producers to instead concentrate on exporting in large quantities to the European market, which was their strategy up to the moment that provisional measures were imposed. By that time, the Union had become China’s largest export market.

(210) Moreover, the Commission compared Chinese export prices to its main export markets (see recitals (202) to (203)) with the average price prevailing in the Union market. Prices to these export markets were made at price up to 21 % below prices on the Union market. This comparison clearly shows that prices in the Union market are higher than in other export markets. The Union therefore remains an attractive market for Chinese exporting producers, and the price incentive to restart large exports is significant.

(211) The Commission also noted the regular findings of circumvention from China via other countries since the measures were first imposed, showing the desire of the Chinese exporting producers to supply the Union market without payment of duty.

3.10.4. Conclusion on the likelihood of recurrence of dumping

(212) 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 as compared to 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.

4. INJURY

4.1. Definition of the Union industry and Union production

(213) The like product was manufactured by 18 producers in the Union during the period considered. They constitute the ‘Union industry’ within the meaning of Article 4(1) of the basic Regulation.

(214) The total Union production during the review investigation period was established at around 918,7 million m². 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.

(215) As indicated in recital (18), 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 72 % of the total Union production of the like product.

4.2. Union consumption

(216) 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 and Surveillance ⁹³.

(217) Union consumption developed as follows:

Table 2

Union consumption (m²)


	2019	2020	2021	RIP
Total Union consumption	843 708 606	865 438 401	1 013 312 192	957 318 764
Index (2019 = 100)	100	103	120	113
Source: Eurostat, Surveillance, Applicant, sampled Union producers.	Source: Eurostat, Surveillance, Applicant, sampled Union producers.	Source: Eurostat, Surveillance, Applicant, sampled Union producers.	Source: Eurostat, Surveillance, Applicant, sampled Union producers.	Source: Eurostat, Surveillance, Applicant, sampled Union producers.

(218) The review showed that Union consumption has increased by 13 % during the period considered. Its drop between the peak year of 2021 and the review investigation period resulted from decrease in imports both from China and from third countries.

4.3. Imports from the country concerned

(219) The Commission established the volume of imports from China on the basis of Eurostat and Surveillance statistics, as duly explained in recital (216) above. Their market share was established by comparing imports to the Union consumption as set out in Table 2.

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

Table 3

Import volume and market share


	2019	2020	2021	RIP
Volume of imports from the PRC (m²)	9 413 576	11 108 317	9 794 287	7 261 812
Index (2019 = 100)	100	118	104	77
Market share of imports from the PRC (%)	1,12	1,28	0,97	0,76
Index (2019 = 100)	100	115	87	68
Source: Eurostat, Surveillance.	Source: Eurostat, Surveillance.	Source: Eurostat, Surveillance.	Source: Eurostat, Surveillance.	Source: Eurostat, Surveillance.

(221) The volume of imports from China was low over the whole period considered. Chinese market share was around 1 % in the years 2019–2021 and in the review investigation period it decreased to 0,76 %.

4.3.2. Prices of the imports from the country concerned

(222) The Commission established the average prices of imports from China on the basis of Eurostat and Surveillance statistics.

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

Table 4

Import price (EUR/m²)


	2019	2020	2021	RIP
China	0,18	0,16	0,24	0,34
Index (2019 = 100)	100	89	133	189
Source: Eurostat, Surveillance.	Source: Eurostat, Surveillance.	Source: Eurostat, Surveillance.	Source: Eurostat, Surveillance.	Source: Eurostat, Surveillance.

(224) Prices from the country concerned almost doubled over the period considered. However, these trends need to be considered in a context of the low import quantities, in particular during the review investigation period, when imports accounted for 0,76 % market share.

4.4. Imports from third countries other than PRC

(225) The Commission established the volumes and prices of imports from third countries applying the same methodology as for the PRC (see Section 4.3).

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

Table 5

Imports from third countries


Country		2019	2020	2021	RIP
Serbia	Import volume (m²)	57 464 814	82 916 688	103 427 374	57 862 648
Serbia	Index (2019 = 100)	100	144	180	101
Serbia	Market share (%)	6,81	9,58	10,21	6,04
Serbia	Index (2019 = 100)	100	141	150	89
Serbia	Average price (EUR/m²)	0,27	0,25	0,30	0,33
Serbia	Index (2019 = 100)	100	93	111	122
Moldova	Import volume (m²)	25 112 047	23 799 781	36 958 795	35 010 746
Moldova	Index (2019 = 100)	100	95	147	139
Moldova	Market share (%)	2,98	2,75	3,65	3,66
Moldova	Index (2019 = 100)	100	92	123	123
Moldova	Average price (EUR/m²)	0,26	0,26	0,28	0,33
Moldova	Index (2019 = 100)	100	100	108	127
North Macedonia	Import volume (m²)	15 329 645	25 493 336	30 786 136	20 687 170
North Macedonia	Index (2019 = 100)	100	166	201	135
North Macedonia	Market share (%)	1,82	2,95	3,04	2,16
North Macedonia	Index (2019 = 100)	100	162	167	119
North Macedonia	Average price (EUR/m²)	0,31	0,27	0,32	0,37
North Macedonia	Index (2019 = 100)	100	87	103	119
Other third countries	Import volume (m²)	23 007 130	15 855 373	27 770 221	26 461 114
Other third countries	Index (2019 = 100)	100	69	121	115
Other third countries	Market share (%)	2,73	1,83	2,74	2,76
Other third countries	Index (2019 = 100)	100	67	101	101
Other third countries	Average price (EUR/m²)	0,53	0,58	0,76	0,65
Other third countries	Index (2019 = 100)	100	109	143	123
Total imports excluding PRC	Import volume (m²)	120 913 636	148 065 178	198 942 526	140 021 678
Total imports excluding PRC	Index (2019 = 100)	100	122	165	116
Total imports excluding PRC	Market share (%)	14,33	17,11	19,63	14,63
Total imports excluding PRC	Index (2019 = 100)	100	119	137	102
Total imports excluding PRC	Average price (EUR/m²)	0,32	0,29	0,36	0,39
Total imports excluding PRC	Index (2019 = 100)	100	91	113	122
Source: Eurostat, Surveillance.	Source: Eurostat, Surveillance.	Source: Eurostat, Surveillance.	Source: Eurostat, Surveillance.	Source: Eurostat, Surveillance.	Source: Eurostat, Surveillance.

(227) Among imports from third countries, imports from Serbia, Moldova and North Macedonia were the most important. All those three countries, as well as other third countries, were steadily increasing their import volumes and shares in the Union market in the years 2019–2021. However, after the peak year of 2021, their import volumes decreased in the review investigation period and market share of the third countries almost came back to the level of year 2019.

4.5. Economic situation of the Union industry

4.5.1. General remarks

(228) 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.

(229) 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. The Commission evaluated the microeconomic indicators on the basis of data contained in the questionnaire replies of the sampled Union producers. Both sets of data were found to be representative of the economic situation of the Union industry.

(230) 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.

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

4.5.2. Macroeconomic indicators

4.5.2.1. Production, production capacity and capacity utilisation

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

Table 6

Production, production capacity and capacity utilisation


	2019	2020	2021	RIP
Production volume (m²)	830 158 312	795 330 105	871 470 775	918 703 469
Index (2019 = 100)	100	96	105	111
Production capacity (m²)	996 336 815	997 527 699	1 016 796 092	1 036 403 129
Index (2019 = 100)	100	100	102	104
Capacity utilisation (%)	83	80	86	89
Index (2019 = 100)	100	96	103	106
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.

(233) The production of the Union industry increased by 11 % over the period considered. It followed the general trend in the Union consumption, although a slight negative impact of the COVID-19 outbreak was visible in 2020, with a noticeable recovery in the 2021 and the review investigation period.

(234) The production capacity also increased by 4 % over the period considered.

(235) Since the growth in production outpaced growth of production capacity, capacity utilization increased in the review investigation period to the level of 89 %.

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

Table 7

Sales volume and market share


	2019	2020	2021	RIP
Total sales volume on the Union market – unrelated customers (m²)	713 589 293	706 264 907	804 575 378	810 036 274
Index (2019 = 100)	100	99	113	114
Market share (%)	84,6	81,6	79,4	84,6
Index (2019 = 100)	100	96	94	100
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.

(237) Sales volumes of the Union industry increased over the period considered by 14 %, which was at similar level than the 13 % increase of consumption shown in Table 2. Therefore, the Union industry kept its market share of almost 85 % on the increasing market.

4.5.2.3. Growth

(238) 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 14 %. Consequently, the Union industry has grown in absolute terms and remained stable in terms of market share. Growth in sales was also accompanied by growth in production, production capacity and investments.

4.5.2.4. Employment and productivity

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

Table 8

Employment and productivity


	2019	2020	2021	RIP
Number of employees	2 277	2 293	2 371	2 409
Index (2019 = 100)	100	101	104	106
Labour Productivity (m²/employee)	364 653	346 891	367 511	381 401
Index (2019 = 100)	100	95	101	105
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.

(240) Over the whole period considered the number of employees increased slightly. In the review investigation period the Union industry employed above 2 400 people compared to 2 277 in the year 2019. Productivity per employee increased in the period considered by 5 %. Temporary decrease in productivity was noted in 2020 due to COVID-related drop in the production.

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

(241) As explained in recital (198), the low volume of imports from China did not provide sufficient basis for a continuation of dumping analysis. The investigation therefore focused on the likelihood of recurrence of dumping should the anti-dumping measures be allowed to lapse.

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

4.5.3. Microeconomic indicators

4.5.3.1. Prices and factors affecting prices

(243) 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


	2019	2020	2021	RIP
Weighted average unit sales price in the Union (EUR/m²)	0,34	0,34	0,35	0,39
Index (2019 = 100)	100	100	103	115
Unit cost of production (EUR/m²)	0,30	0,28	0,29	0,34
Index (2019 = 100)	100	93	97	113
Source: Sampled Union producers.	Source: Sampled Union producers.	Source: Sampled Union producers.	Source: Sampled Union producers.	Source: Sampled Union producers.

(244) Unit sales prices remained stable in the years 2019–2021 and then increased by 15 % in the review investigation period, mainly in the first half of 2022. This price increase somewhat reflected the increase in the cost of production over the period considered.

4.5.3.2. Labour costs

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

Table 10

Average labour costs per employee


	2019	2020	2021	RIP
Average labour costs per employee (EUR)	21 170	20 717	22 242	23 286
Index	100	98	105	110
Source: Sampled Union producers.	Source: Sampled Union producers.	Source: Sampled Union producers.	Source: Sampled Union producers.	Source: Sampled Union producers.

(246) Between 2019 and the review investigation period, the average labour costs per employee of the sampled Union producers increased by 10 %.

4.5.3.3. Inventories

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

Table 11

Inventories


	2019	2020	2021	RIP
Closing stocks (m²)	73 236 531	67 655 734	39 610 546	41 699 457
Index	100	92	54	57
Closing stocks as a percentage of production	12	12	6	6
Index	100	100	50	50
Source: Sampled Union producers.	Source: Sampled Union producers.	Source: Sampled Union producers.	Source: Sampled Union producers.	Source: Sampled Union producers.

(248) As in the second part of the period considered increase in sales volumes outpaced increase in production volumes, closing stock levels decreased substantially both in absolute terms and with relation to the production volume.

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

(249) 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


	2019	2020	2021	RIP
Profitability of sales in the Union to unrelated customers (% of sales turnover)	14	21	21	14
Index	100	150	150	100
Cash flow (EUR)	29 828 733	49 755 437	61 438 545	40 959 049
Index	100	167	206	137
Investments (EUR)	7 955 638	7 703 226	14 849 596	18 852 344
Index	100	97	187	237
Return on investments (%)	11	17	19	13
Index	100	155	173	118
Source: Sampled Union producers.	Source: Sampled Union producers.	Source: Sampled Union producers.	Source: Sampled Union producers.	Source: Sampled Union producers.

(250) 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 years 2019–2021. In the review investigation period profitability dropped, mainly due to the increase of the energy cost in the first half of 2022, but the sampled Union producers still had overall profitability at the level of 14 %.

(251) The net cash flow is the ability of the Union producers to self-finance their activities. Overall, in absolute terms, cash flow was at high levels throughout the period considered.

(252) Union producers continued investments over the whole period considered. The investments peaked in the review investigation period.

(253) 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 two percentage points higher than in 2019.

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

4.6. Conclusion on injury

(255) The volume of imports from the country concerned were negligible over the period considered.

(256) Over the period considered, the Union industry increased its production and sales volumes, production capacity and its utilization percentage, employment and productivity. It also maintained a high, 85 % share of the market in the situation of an overall consumption increase.

(257) In terms of financial indicators, despite the 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 dropped in comparison to years 2020–2021, it was however still on the level of 14 %. Furthermore, the Union industry maintained positive cash flow over the whole period considered, it more than doubled investments in the same period and achieved a good return on them.

(258) 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.

5. LIKELIHOOD OF RECURRENCE OF INJURY

(259) The Commission concluded in recital (258) 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 dumped imports from China if the measures were allowed to lapse.

(260) 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.

5.1. Spare capacity in China

(261) As already explained in recital (207), the Chinese OMF producers still maintain high spare capacity for potential exports to the Union if the measures were allowed to lapse and the Union market was opened to them.

5.2. Attractiveness of the Union market

(262) For the Chinese exporting producers, the prices on the Union market are relatively high, which makes the Union market attractive. Chinese CIF prices to their main export markets in the review investigation period (Türkiye, India and Russia) were from 3 % to 21 % lower than average Union industry price during the review investigation period.

(263) Moreover, the Union market is also attractive in terms of its size and is expected to grow further with the development of external thermal insulation composite systems, which is a growing downstream market for OMF.

5.3. Impact of potential import volume and import prices on the Union industry

(264) The Commission analysed also the likely price level at which the Chinese exporting producers would export to the Union market.

(265) The comparison of the Chinese export prices at CIF level, adjusted by adding the conventional customs duty and post-importation costs, to the ex-work sales prices of the sampled Union producers resulted in undercutting margin of 5 % for the review investigation period.

(266) Furthermore, before the review investigation period, over the whole period considered, the gap between Chinese CIF prices and the Union industry prices was even bigger. The situation in the review investigation period was exceptional: the price increases at CIF and landed levels reflect mainly increases in freight costs – at FOB level Chinese export prices remained stable. Container prices for shipping routes from China to the Union increased significantly from the second half of 2021 and through first half of 2022 as a result of the government measures taken in response to the COVID pandemic. During the latter half of 2022 (just after the review investigation period) shipping costs decreased back to 2019 levels and Chinese landed export price was again undercutting Union industry prices more seriously.

(267) The price increases during the review investigation period were therefore not the result of any structural change in the Chinese producers’ aggressive pricing policy and unfair trading practices – Chinese OMF prices overall continue to be low in comparison to the prices of the Union industry.

(268) The above price undercutting calculation is based on low import quantities. However, the conclusion concerning low level of the Chinese export prices is confirmed by the findings on Chinese exports to their main third countries’ markets. As indicated in recital (262) prices of the Chinese exports to these markets are lower than prices of the Union producers. The latter calculations are based on volumes amounting to 23 % of the Union consumption in the review investigation period.

(269) If measures lapse, the impact of increasing low priced volumes of Chinese exports to the Union will certainly lead to the loss of the Union industry market share or if the Union industry tries to compete with the prices to prevent it, to the deterioration of the Union industry financial situation.

5.4. Conclusion on the likelihood of recurrence of injury

(270) The significant capacity in China, the attractiveness of the Union market, and the level of Chinese prices to the Union and third markets indicate that, in the absence of measures, significant volumes of Chinese exports would be directed towards the Union market at prices significantly below Union industry’s prices.

(271) This would result in the Union industry quickly losing market shares and having to decrease its sales prices significantly, to the detriment of its profitability and viability.

(272) Considering the international and European current economic context (energy crisis, war, increasing costs, etc.), the Union market therefore cannot absorb additional volumes of dumped and low priced OMF imports from China. A termination of the measures would allow imports of Chinese OMF to harm Union producers again, putting them quickly out of business.

(273) On this basis, it is concluded that allowing measures to lapse would in all likelihood result in a significant increase of dumped imports from China at injurious prices and, as a consequence, material injury would be likely to recur.

6. UNION INTEREST

(274) 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.

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

(276) 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.

6.1. Interest of the Union industry

(277) As concluded in recital (258), the Union industry is no longer suffering from material injury. However, as concluded in recital (273), the Union industry would not be able to cope with a removal of the measures, which would likely 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.

6.2. Interest of unrelated importers and users

(278) All known unrelated importers and users were informed about the initiation of the review.

(279) No importer of the product concerned ⁹⁴ or Union user cooperated in the expiry review or submitted any data or comments. Therefore, there were no indications that the maintenance of the measures would have a negative impact on the importers and users, outweighing the positive impact of the measures on the Union industry, nor did the Commission’s investigation establish the contrary.

(280) 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.

(281) Therefore, there were no indications that the maintenance of the measures would have a negative impact on the importers outweighing the positive impact of the measures, nor did the Commission’s investigation establish the contrary.

6.3. Conclusion on Union interest

(282) The Union is an important and attractive OMF market. Union environmental policy increases the demand for OMF in external insulation systems. The Union production capacity is one billion square meters, with a current production exceeding 900 million square meters and demand of 957 million square meters. This means that Union producers can almost fully supply the internal market – especially that there is still potential to grow their capacity.

(283) Furthermore, there is growing internal competition inside the Union market. After the imposition of the anti-dumping measures, the number of the Union producers of OMF increased from six to fourteen companies.

(284) The Union OMF industry plays a significant role in developing new applications and improving technologies that enhance the performance of insulation materials, and the continued existence of a healthy Union OMF industry is clearly of key importance to the achievement of the EU’s climate targets.

(285) 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 OMF originating in China.

ANTI-DUMPING MEASURES

(286) On the basis of the conclusions reached by the Commission on recurrence of dumping, recurrence of injury and Union interest, the anti-dumping measures applicable to imports of certain open mesh fabrics of glass fibres, extended to imports of certain modified open mesh fabrics of glass fibre, originating in or consigned from the PRC should be maintained.

(287) 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 imports originating in the People’s Republic of China’.

(288) 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.

(289) Should the exports by one of the companies benefiting from lower individual duty rates increase significantly in volume after the imposition of the measures concerned, such an increase in volume could be considered as constituting in itself a change in the pattern of trade due to the imposition 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.

(290) The individual company anti-dumping duty rates specified in this Regulation are exclusively applicable to imports of the product under review originating in the People’s Republic of 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 imports originating in the People’s Republic of China’. They should not be subject to any of the individual anti-dumping duty rates.

(291) 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 ⁹⁵. The request must contain all the relevant information enabling to demonstrate 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.

(292) An exporter or producer that did not export the product concerned to the Union during the period that was used to set the level of the duty currently applicable to its exports may request the Commission to be made subject to the anti-dumping duty rate for cooperating companies not included in the sample. The Commission should grant such request, provided that three conditions are met. The new exporting producer would have to demonstrate that: (i) it did not export the product concerned to the Union during the period that was used to set the level of the duty applicable to its exports; (ii) it is not related to a company that did so and thus is subject to the anti-dumping duties; and (iii) has exported the product concerned thereafter or has entered into an irrevocable contractual obligation to do so in substantial quantities.

(293) 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. They were also granted a period to make representations subsequent to this disclosure. No comments were received.

(294) In view of Article 109 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council ⁹⁶ 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.

(295) The measures provided for in this regulation are in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EU) 2016/1036,

HAS ADOPTED THIS REGULATION:

Article 1

A definitive anti-dumping duty is hereby imposed on imports of open mesh fabrics of glass fibres, of a cell size of more than 1,8 mm both in length and in width and weighing more than 35 g/m², excluding fibreglass discs, currently falling under CN codes ex 7019 63 00, ex 7019 64 00, ex 7019 65 00, ex 7019 66 00 and ex 7019 69 90 (TARIC codes 7019630019, 7019640019, 7019650018, 7019660018 and 7019699019) and originating in the People’s Republic of China.

The rate of the definitive anti-dumping duty applicable to the CIF net, free-at-Union-frontier price, before duty, of the product described in paragraph 1 and originating in the People’s Republic of China shall be as follows:

Company	Duty (%)	TARIC additional code
Yuyao Mingda Fiberglass Co., Ltd	62,9	B006
Grand Composite Co., Ltd and its related company Ningbo Grand Fiberglass Co., Ltd	48,4	B007
Yuyao Feitian Fiberglass Co., Ltd	60,7	B122
Companies listed in Annex	57,7	B008
All other imports originating in the People’s Republic of China	62,9	B999

The application of the individual duty rates specified for the companies mentioned in paragraph 2 shall be conditional upon presentation to the Member States’ customs authorities of a valid commercial invoice, on which shall appear a declaration dated and signed by an official of the entity issuing such invoice, identified by his/her name and function, drafted as follows: ‘I, the undersigned, certify that the (volume) of (product under review) sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in [country concerned]. I declare that the information provided in this invoice is complete and correct.’ If no such invoice is presented, the duty applicable to ‘all other imports originating in the People’s Republic of China’ shall apply.

The definitive anti-dumping duty applicable to imports originating in the People’s Republic of China, as set out in paragraph 2, is hereby extended to:

— imports of the same open mesh fabrics consigned from India and Indonesia, whether declared as originating in India and Indonesia or not (TARIC codes 7019630014, 7019630015, 7019640014, 7019640015, 7019650014, 7019650015, 7019660014, 7019660015, 7019699014, and 7019699015),

— with the exception of those produced by:

— Montex Glass Fibre Industries Pvt. Ltd (TARIC additional code B942),

— Pyrotek India Pvt. Ltd (TARIC additional code C051),

— SPG Glass Fibre Pvt. Ltd (TARIC additional code C205), and

— Urja Products Private Limited (TARIC additional code C861),

— imports of the same open mesh fabrics consigned from Malaysia, whether declared as originating in Malaysia or not (TARIC codes 7019630011, 7019640011, 7019650011, 7019660011 and 7019699011),

— imports of the same open mesh fabrics consigned from Taiwan and Thailand, whether declared as originating in Taiwan and Thailand or not (TARIC codes 7019630012, 7019630013, 7019640012, 7019640013, 7019650012, 7019650013, 7019660012, 7019660013, 7019699012 and 7019699013).

Unless otherwise specified, the provisions in force concerning customs duties shall apply.

Where any new exporting producer in the People’s Republic of China provides sufficient evidence to the Commission that:

(1) it did not export to the Union the product described in paragraph 1 in the period between 1 April 2009 to 31 March 2010 (the original investigation period);

(2) it is not related to any exporter or producer in the People’s Republic of China which is subject to the anti-dumping measures imposed by this Regulation; and

(3) it has actually exported to the Union the product concerned or it has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the end of the original investigation period,

the Commission may amend the Annex by adding the new exporting producer to the cooperating companies not included in the sample and thus subject to the weighted average duty of 57,7 %.

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, 23 January 2024.

For the Commission

The President

Ursula VON DER LEYEN

OJ L 176, 30.6.2016, p. 21.

OJ L 204, 9.8.2011, p. 1.

OJ L 196, 24.7.2012, p. 1.

OJ L 11, 16.1.2013, p. 1.

OJ L 346, 20.12.2013, p. 20.

OJ L 274, 16.9.2014, p. 13.

OJ L 236, 10.9.2015, p. 1.

OJ L 236, 7.11.2017, p. 4.

OJ L 134, 31.5.2018, p. 5.

OJ C 63, 7.2.2022, p. 1.

OJ C 421, 4.11.2022, p. 54.

https://tron.trade.ec.europa.eu/investigations/case-view?caseId=2633

https://connect.ihsmarkit.com/gta/standard-reports

Commission Staff Working Document on Significant Distortions in the Economy of the People’s Republic of China for the purposes of Trade Defence Investigations, 20 December 2017, SWD (2017) 483 final/2.

Report – Chapter 2, p. 6-7.

Report – Chapter 2, p. 10.

Available at: http://www.npc.gov.cn/englishnpc/constitution2019/201911/1f65146fb6104dd3a2793875d19b5b29.shtml (accessed on 3 September 2023).

Report – Chapter 2, p. 20-21.

Report – Chapter 3, p. 41, 73-74.

Report – Chapter 6, p. 120-121.

Report – Chapter 6. p. 122 -135.

Report – Chapter 7, p. 167-168.

Report – Chapter 8, p. 169-170, 200-201.

Report – Chapter 2, p. 15-16, Report – Chapter 4, p. 50, p. 84, Report – Chapter 5, p. 108-9.

See: https://www.qixin.com/company/47d67dfa-24e2-4bfb-b568-4705b6e86623

See: https://mp.weixin.qq.com/s/TlNbOe1gpJPE9K8Svk1puQ

See: http://wap.sasac.gov.cn/n2588045/n27271785/n27271792/c14159097/content.html

See: https://www.cnbm.com.cn/CNBM/0000000100020005/index.html (accessed on 3 September 2023).

See Article published on CNBM’s website in 2020 available at: http://old.tengzhou.gov.cn/xwzx/jrtz/202011/t20201130_4049343.htm (accessed on 3 September 2023).

See: https://www.jiemian.com/article/3659075.html (accessed on 3 September 2023).

See: https://news.fromgeek.com/people/55-45425.html; https://pdf.dfcfw.com/pdf/H2_AN202204291562370883_1.pdf?1651327796000.pdf; and https://pdf.dfcfw.com/pdf/H2_AN202204291562370883_1.pdf?1651327796000.pdf (accessed on 3 September 2023).

See: https://baike.baidu.com/item/%E6%B1%9F%E8%8B%8F%E4%B9%9D%E9%BC%8E%E6%96%B0%E6%9D%90%E6%96%99%E8%82%A1%E4%BB%BD%E6%9C%89%E9%99%90%E5%85%AC%E5%8F%B8/9909303 (accessed on 3 September 2023).

High-tech enterprises are companies in the ‘high-tech fields supported by the State’, continue to carry out research and development and transformation of technological achievements, form the core independent intellectual property rights of the enterprise, and carry out business activities on this basis, in China (excluding Hong Kong, Macao and Taiwan regions) registered resident enterprises. See: http://www.cdht.gov.cn/cdht/c139592/2022-11/28/content_bd4f763a6fb44b09abaab927f317f7a3.shtml (accessed on 3 September 2023).

Report – Chapter 5, p. 100-1.

Report – Chapter 2, p. 26.

See for example: Blanchette, J. – Xi’s Gamble: The Race to Consolidate Power and Stave off Disaster; Foreign Affairs, Vol. 100, No 4, July/August 2021, pp. 10-19.

Report – Chapter 2, p. 31-2.

Available at: https://www.reuters.com/article/us-china-congress-companies-idUSKCN1B40JU (accessed on 3 September 2023).

Available at: www.gov.cn/zhengce/2020-09/15/content_5543685.htm (accessed on 3 September 2023).

Financial Times (2020) – Chinese Communist Party asserts greater control over private enterprise, available at: https://on.ft.com/3mYxP4j (accessed on 3 September 2023).

Report – Chapters 14.1 to 14.3.

Report – Chapter 4, p. 41-42, 83.

Available at: https://www.miit.gov.cn/zwgk/zcwj/wjfb/yj/art/2022/art_a01b7532a39a41e891d2540da6981d72.html (accessed on 3 September 2023).

Optimize regional layout, strengthen international cooperation, promote digital transformation, eliminate backward production capacity and mergers and reorganizations in accordance with laws and regulations, cultivate leading enterprises, promote the integration and development of large and small enterprises, and consolidate and enhance industrial competitiveness.

See: https://www.gov.cn/xinwen/2016-03/17/content_5054992.htm (accessed on 7 September 2023).

See: https://www.gov.cn/xinwen/2021-03/13/content_5592681.htm (accessed on 7 September 2023).

See: https://www.gov.cn/xinwen/2017-05/04/5190836/files/3ebd21600fa94ce3947d30f7ba9f47ab.pdf (accessed on 7 September 2023).

See: https://www.miit.gov.cn/zwgk/zcwj/wjfb/tz/art/2021/art_2960538d19e34c66a5eb8d01b74cbb20.html (accessed on 3 September 2023).

See page 19 of the 2019 Guiding catalogue for industry structural adjustment available at:

https://www.gov.cn/xinwen/2019-11/06/content_5449193.htm (accessed on 3 September 2023).

See: https://www.miit.gov.cn/zwgk/zcwj/wjfb/yj/art/2022/art_6ff2a1f968264ee7bc89888fd480a43b.html (accessed on 3 September 2023).

See: https://www.miit.gov.cn/zwgk/zcwj/wjfb/tz/art/2023/art_5ed0072a1d7f400fa18ea61ce5197775.html (accessed on 3 September 2023).

See: https://huanbao.bjx.com.cn/news/20211129/1190544.shtml (accessed on 3 September 2023).

See: https://jxj.jiaxing.gov.cn/art/2021/12/29/art_1229399353_4851032.html (accessed on 3 September 2023).

See: http://www.zgys.gov.cn/ysgxj/c121089/202305/6e02e9c8622b4ea180c0b174349868c8.shtml (accessed on 7 September 2023).

See: http://www.shaanxi.gov.cn/zfxxgk/zcwjk/szfbm_14999/ghwb_15010/202208/t20220812_2244723.html (accessed on 3 September 2023).

See: http://www.lvliang.gov.cn/llxxgk/zfxxgk/xxgkml/sswghzxccx/sjghjjd/wj/202209/t20220919_1693321.html (accessed on 7 September 2023).

Report – Chapter 6, p. 138-149.

Report – Chapter 9, p. 216.

Report – Chapter 9, p. 213-215.

Report – Chapter 9, p. 209-211.

Report – Chapter 13, p. 332-337.

Report – Chapter 13, p. 336.

Report – Chapter 13, p. 337-341.

Report – Chapter 6, p. 114-117.

Report – Chapter 6, p. 119.

Report – Chapter 6, p. 120.

Report – Chapter 6, p. 121-122, 126-128, 133-135.

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3.4.3. North Macedonia

3.4.4. Conclusion

3.5. Sources used to establish undistorted costs

3.6. Undistorted costs and benchmarks

3.6.1. Factors of production

3.6.2. Raw materials

3.6.3. Labour

3.6.4. Electricity

3.6.5. Natural gas

3.6.6. Manufacturing overhead costs, SG&A, and profits

3.7. Calculation of the normal value

3.8. Export price

3.9. Comparison and dumping margin

3.10. Likelihood of recurrence of dumping

3.10.1. Likely dumping levels in the Union market shall the measures be allowed to lapse

3.10.2. Production capacity and spare capacity in the PRC

3.10.3. Attractiveness of the Union market

3.10.4. Conclusion on the likelihood of recurrence of dumping

4. INJURY

4.1. Definition of the Union industry and Union production

4.2. Union consumption

4.3. Imports from the country concerned

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

4.3.2. Prices of the imports from the country concerned

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

4.6. Conclusion on injury

5. LIKELIHOOD OF RECURRENCE OF INJURY

5.1. Spare capacity in China

5.2. Attractiveness of the Union market

5.3. Impact of potential import volume and import prices on the Union industry

5.4. Conclusion on the likelihood of recurrence of injury

6. UNION INTEREST

6.1. Interest of the Union industry

6.2. Interest of unrelated importers and users

6.3. Conclusion on Union interest

Article 1

Article 2