Commission Implementing Regulation (EU) 2024/770 of 4 March 2024 imposing a definitive anti-dumping duty on imports of certain cast iron articles 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

Country		2019	2020	2021	Review Investigation period
India	Volume (tonnes)	41 200	52 319	82 436	77 167
	Index	100	127	200	187
	Market share (%)	9,1	12,1	17,0	16,5
	Index	100	133	186	181
	Average price (EUR/tonne)	925	932	1 066	1 426
	Index	100	100	115	154
Türkiye	Volume (tonnes)	34 410	37 761	47 112	41 899
	Index	100	110	137	122
	Market share (%)	7,6	8,7	9,7	9,0
	Index	100	114	127	117
	Average price (EUR/tonne)	1 079	1 098	1 139	1 498
	Index	100	102	106	139
Iran	Volume (tonnes)	2 897	2 537	6 048	8 647
	Index	100	87	208	298
	Market share (%)	0,6	0,6	1,2	1,8
	Index	100	91	194	288
	Average price (EUR/tonne)	1 094	1 091	1 189	1 533
	Index	100	100	109	140
Other third countries	Volume (tonnes)	5 745	8 637	11 548	9 212
	Index	100	150	201	160
	Market share	1,3	2,0	2,4	2,0
	Index	100	156	187	154
	Average price (EUR/tonne)	1 156	1 108	1 293	1 752
	Index	100	96	112	152
Total of all third countries except China	Volume (tonnes)	84 253	101 253	147 144	136 925
	Index	100	120	175	163
	Market share	18,7	23,4	30,4	29,3
	Index	100	125	163	157
	Average price (EUR/tonne)	1 009	1 013	1 112	1 477
	Index	100	100	110	146
Source: Eurostat data.	Source: Eurostat data.	Source: Eurostat data.	Source: Eurostat data.	Source: Eurostat data.	Source: Eurostat data.

• (116) In the RIP, 136 925 tonnes of cast iron articles were imported from third countries excluding China. This volume represents 29 % of the Union market. In total, their market share increased from 19 % in 2019 to 29 % in the RIP. While China was still a major exporter of the product under review to the EU in 2019, following the imposition of the duties it gradually lost its market share to the benefit of India, and to a lower extent of Türkiye and Iran. Imports in volume from these three countries together increased by 63 % between 2019 and the RIP, reaching a market share of 27,3 % in the RIP.

• (117) Import prices of India were below Chinese prices without measures. Import prices of cast iron articles from Türkiye and Iran were slightly above Chinese prices without duties (by 4 % and 7 % respectively in the RIP) but still much below Chinese prices with anti-dumping measures and Union industry’s prices. In the RIP, these three importing countries were selling significantly below the Union producers’ prices, by 27 % for India, by 23 % for Türkiye and by 22 % for Iran.

5.5.   Economic situation of the Union industry

5.5.1.   General remarks

• (118) 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.

• (119) As mentioned in recital 11, sampling was used for the assessment of the economic situation of the Union industry.

• (120) For the injury determination, the Commission distinguished between macroeconomic and microeconomic injury indicators. The Commission evaluated the macroeconomic indicators on the basis of data contained in the replies provided by Eurofonte, crosschecked with the data of the sampled Union producers. The Commission evaluated the microeconomic indicators on the basis of data contained in the questionnaire replies from the sampled Union producers. The data related to the sampled Union producers were verified. Both sets of data were found to be representative of the economic situation of the Union industry.

• (121) 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.

• (122) 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

• (123) 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	Review Investigation period
Production volume (tonnes)	358 048	329 785	343 267	339 231
Index	100	92	96	95
Production capacity (tonnes)	652 029	650 590	651 077	645 386
Index	100	100	100	99
Capacity utilisation (%)	54,9	50,7	52,7	52,6
Index	100	92	96	96
Source: Macroeconomic data questionnaire provided by the Union industry.	Source: Macroeconomic data questionnaire provided by the Union industry.	Source: Macroeconomic data questionnaire provided by the Union industry.	Source: Macroeconomic data questionnaire provided by the Union industry.	Source: Macroeconomic data questionnaire provided by the Union industry.

• (124) Overall, the production quantity of the Union industry decreased by 5 % during the period considered. Production followed closely the consumption fluctuation. As a consequence of the pandemic, production decreased by 8 % between 2019 and 2020. It then increased again between 2020 and2021 (+4 %) before decreasing again slightly between 2021 and the RIP (-1 %).

• (125) Production capacity of the Union industry remained stable between 2019 and 2021 and then decreased slightly between 2021 and the RIP (-1 %).

• (126) Capacity utilisation followed the same trend as production and decreased by 4 % during the period considered. This indicator decreased by 8 % in 2020 and then increased by 4 % in 2021 and stabilised during the RIP. Over the period considered, capacity utilisation decreased by 2,3 percentage points from ca 55 % in 2019 to 52,6 % during the RIP.

5.5.2.2.   Sales volume and market share

• (127) 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	Review Investigation period
Sales volume on the Union market (tonnes)	318 768	296 818	308 972	308 474
Index	100	93	97	97
Market share (%)	71	69	64	66
Index	100	97	90	93
Source: Macroeconomic data questionnaire provided by the Union industry and Eurostat data.	Source: Macroeconomic data questionnaire provided by the Union industry and Eurostat data.	Source: Macroeconomic data questionnaire provided by the Union industry and Eurostat data.	Source: Macroeconomic data questionnaire provided by the Union industry and Eurostat data.	Source: Macroeconomic data questionnaire provided by the Union industry and Eurostat data.

• (128) Despite the increase in consumption, the sales volume of the Union industry developed negatively, with a decrease of 3 % over the period considered. It decreased first in 2020, by 7 % and then recovered in 2021 and 2022, but never reaching in absolute terms the level of sales at the beginning of the period considered.

• (129) In the context of a slight growth in consumption, the market share of the Union industry decreased by more than 5 percentage points over the period considered. It first decreased by 2 percentage points in 2020, followed by a further decrease of 5 percentage points in 2021 and then a slight increase of 2 percentage points in the RIP.

• (130) The market share lost by the Union producers was mainly taken up by Indian exporting producers, whose market share increased from 9,1 % in 2019 to 16,5 % in the RIP and by Türkiye, the second largest exporter to the Union, that increased its market share from 7,6 % in 2019 to 9 % in the RIP.

5.5.2.3.   Growth

• (131) Between 2019 and the RIP, the Union consumption increased by 4 %. The sales volume of the Union industry decreased by 3 %, which translated into a loss in market share of 5 percentage points over the period considered.

5.5.2.4.   Employment and productivity

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

Table 8

Employment and productivity

	2019	2020	2021	Review Investigation period
Number of employees (FTE)	3 053	3 027	3 027	3 076
Index	100	99	99	101
Productivity (tonnes/FTE)	117	109	113	110
Index	100	93	97	94
Source: Macroeconomic data questionnaire provided by the Union industry.	Source: Macroeconomic data questionnaire provided by the Union industry.	Source: Macroeconomic data questionnaire provided by the Union industry.	Source: Macroeconomic data questionnaire provided by the Union industry.	Source: Macroeconomic data questionnaire provided by the Union industry.

• (133) The Union industry managed to maintain and even increase (slightly) the number of employees expressed in full time equivalent (‘FTE’) engaged in the production and sales of the product under review, which increased by 1 % between 2019 and the RIP.

• (134) The productivity of the Union industry’s workforce, measured as output (tonnes) per FTE, followed a downward trend over the period considered (-6 %). This is the consequence of the reduction in the overall production volume over the period considered compared to the number of employees that remained stable and even marginally increased.

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

• (135) As indicate in recital 93, the difference between the export price and the constructed normal value found were substantially above the de minimis level (above 60 %). The impact of these margins on the Union industry was still material and significant, since cast iron articles originating from China continued to enter the Union in large quantities.

• (136) Moreover, even with measures, these imports were still at prices which are much below the Union producers’ prices and therefore made it difficult for the Union industry to recover from the past dumping practices.

5.5.3.   Microeconomic indicators

5.5.3.1.   Prices and factors affecting prices

• (137) 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 (EUR/tonne)

	2019	2020	2021	Review Investigation period
Average unit sales price in the Union on the total market	1 514	1 533	1 625	1 956
Index	100	101	107	129
Unit cost of production	1 451	1 470	1 662	1 917
Index	100	101	115	132
Source: Verified questionnaire replies of the sampled Union producers.	Source: Verified questionnaire replies of the sampled Union producers.	Source: Verified questionnaire replies of the sampled Union producers.	Source: Verified questionnaire replies of the sampled Union producers.	Source: Verified questionnaire replies of the sampled Union producers.

• (138) During the period considered, the average sales price in the Union industry increased by 29 %. Major increases were registered between 2020 and 2021 (+ 6 %) and between 2021 and the RIP (+ 20 %). These increases are the consequence of the rise in the average cost of raw materials and energy. Costs increased by 15 % from 2019 to 2021 and then by another 15 % from 2021 onward. Overall, costs rose by 32 % over the period considered.

• (139) The Union industry could not raise prices enough to cover the increase in costs as a consequence of the price pressure exerted by Chinese exporting producers and by imports from India, Türkiye, and Iran.

• (140) 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	Review Investigation period
Average labour costs per employee (EUR)	55 061	57 835	57 611	59 715
Index	100	105	105	108
Source: Verified questionnaire replies of the sampled Union producers.	Source: Verified questionnaire replies of the sampled Union producers.	Source: Verified questionnaire replies of the sampled Union producers.	Source: Verified questionnaire replies of the sampled Union producers.	Source: Verified questionnaire replies of the sampled Union producers.

• (141) The average labour cost per employee increased continuously. It increased by 8 % over the period considered. It increased by 5 % in 2020, remained stable in 2021 and then increased again by ca. 4 % in the RIP. This is the consequence of sectoral agreements regarding salary increases and special premiums granted.

5.5.3.2.   Inventories

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

Table 11

Inventories

	2019	2020	2021	Review Investigation period
Closing stocks (tonnes)	23 999	24 297	26 613	26 823
Index	100	101	111	112
Closing stocks as a percentage of production	14,5	15,7	16,7	17,3
Index	100	109	115	120
Source: Verified questionnaire replies of the sampled Union producers.	Source: Verified questionnaire replies of the sampled Union producers.	Source: Verified questionnaire replies of the sampled Union producers.	Source: Verified questionnaire replies of the sampled Union producers.	Source: Verified questionnaire replies of the sampled Union producers.

• (143) The level of closing stocks of the three sampled Union producers increased by 12 % over the period considered. The increase took place mainly in 2021.

• (144) As indicated above in recital 107, the market of cast iron articles is closely linked to the economic growth on the Union market. Year 2021 was forecasted as a good year, with a peak in consumption of +12 % compared to year 2020. Sampled Union producers thus slightly increased their production. However, the sampled Union producers could not benefit fully from the increase in consumption so that the level of stocks increased.

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

• (145) 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	Review Investigation period
Profitability of sales in the Union to unrelated customers (% of sales turnover)	5,6	5,8	0,1	3,4
Index	100	103	1	60
Cash flow (EUR)	16 939 091	17 495 491	6 742 515	15 285 813
Index	100	103	40	90
Investments (EUR)	11 085 740	8 677 592	11 531 261	14 484 710
Index	100	78	104	131
Return on investments (%)	6,5	6,2	0,1	4,5
Index	100	96	1	70
Source: Verified questionnaire replies of the sampled Union producers.	Source: Verified questionnaire replies of the sampled Union producers.	Source: Verified questionnaire replies of the sampled Union producers.	Source: Verified questionnaire replies of the sampled Union producers.	Source: Verified questionnaire replies of the sampled Union producers.

• (146) 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.

• (147) The profitability of the sampled Union producers decreased in the period considered, from 5,6 % in 2019 to 3,4 % in the RIP. In years 2019 and 2020, profitability was slightly above the target profit established in the original investigation (i.e. 5,3 %). Profitability deteriorated substantially in 2021 and dropped close to zero. This negative trend was caused by the inability of the Union industry to raise prices sufficiently to cover the increasing cost of production. In the RIP, profitability improved, reaching 3,4 % profits, even if it remained below the 5,3 % target.

• (148) The net cash flow is the ability of the Union producers to self-finance their activities. The cash flow increased slightly in 2020 (+ 3 %). The situation deteriorated significantly in 2021, with a drop of this indicator by 61 % as a consequence of the loss in profitability. In the RIP, with the return to improved profits, this indicator increased again by 127 % in comparison to the year before, showing a healthier picture of the Union sampled producers.

• (149) The return on investments is the profit in percentage of the net book value of investments. It followed a similar trend as the profitability. It was stable in 2019 and 2020, before dropping significantly in 2021 and increasing again in the RIP in line with the evolution of profitability.

5.6.   Conclusion on injury

• (150) Even though, imports of cast iron articles originating from China decreased over the period considered, both in absolute and relative terms, they were still significant in the RIP and accounted for a market share of 4,7 %. The magnitude of the dumping margin found in relation to those imports remained significant as well, at more than 60 %. Moreover these imports were still below the EU average sales prices by 6 % (duties included). Without the duties, the difference amounted to 25 %.

• (151) The evolution of the micro and macro indicators shows that the financial situation of the Union industry deteriorated during the period considered. Despite an increase in consumption of 4 %, the trends of the main economic indicators worsened over the period considered. In particular, Union producers’ sales and production decreased by 3 % and 5 % respectively, in the period considered. Consequently, Union producers’ market share decreased from 71 % in 2019 to 66 % in the RIP. These shares were taken up by exporting producers in third countries; in particular, India, that gained 7 percentage points market shares to 16,5 % and Türkiye that also increased its market share from 7,6 % in 2019 to 9 % in the RIP.

• (152) During the period considered, the average sales price of the Union producers increased by 29 %. Prices were raised in an attempt to cover the increase in cost of raw materials and energy by 32 % over the period considered. However, the Union industry could not raise prices enough to cover the increase in costs. Consequently, the profitability of the sampled Union producers decreased to 3,4 % in the RIP, below the target profit established in the original investigation (5,3 %).

• (153) On the basis of the above, the Commission concluded that the Union industry suffered material injury within the meaning of Article 3(5) of the basic Regulation during the review investigation period.

6. CAUSATION

• (154) In accordance with Article 3(6) of the basic Regulation, the Commission examined whether the dumped imports from the country concerned caused material injury to the Union industry. In accordance with Article 3(7) of the basic Regulation, the Commission also examined whether other known factors could at the same time have injured the Union industry. The Commission ensured that any possible injury caused by factors other than the dumped imports from the country concerned was not attributed to the impact of the dumped imports. These factors are imports from other third countries and export performance of the Union industry.

6.1.   Effects of the dumped imports

• (155) Imports of cast iron articles from the PRC decreased steadily by 54 % over the period considered, on average to reach a 4,7 % market share in the Union in the RIP. The average import price from China increased by 44 %. Despite this increase, it still below Union industry average sales prices by 6 %. Without the anti-dumping duties, the difference amounted to 25 % (see recital 114).

• (156) On the basis of the above, the Commission concluded that the dumped imports from China were still significant and were exerting a downward pressure on the Union industry prices and sales volumes, thus contributing to the injury suffered by the Union industry.

6.2.   Effects of other factors

6.2.1.   Imports from third countries

• (157) The volume of imports from other third countries increased significantly over the period considered, as shown in Section 5.4 above. These imports came mainly from India (16,5 % market share in the RIP), Türkiye (9 % market share in the RIP) and Iran (1,8 % market share in the RIP).

• (158) These imports were made at prices that were significantly below the Union producers’ prices.

• (159) On the basis of the above, the Commission concluded that the increase in import volumes from third countries and their very low prices, much below the average prices of the Union industry, were exerting a downward pressure on the Union industry prices and sales volumes, thus contributing to the injury suffered by the Union industry.

6.2.2.   Export performance of the Union industry

• (160) The volume of exports of the sampled Union producers developed over the period considered as follows:

Table 13

Export performance of the sampled Union producers

	2019	2020	2021	Review Investigation period
Export volume (tonnes)	16 664	15 910	14 844	13 420
Index	100	95	89	81
Average price (EUR/tonne)	1 400	1 441	1 543	1 776
Index	100	103	110	127
Source: Verified questionnaire replies of the sampled Union producers.	Source: Verified questionnaire replies of the sampled Union producers.	Source: Verified questionnaire replies of the sampled Union producers.	Source: Verified questionnaire replies of the sampled Union producers.	Source: Verified questionnaire replies of the sampled Union producers.

• (161) In volume, exports of the sampled Union producers to related and unrelated customers decreased by 19 % over the period considered. In the RIP, export sales accounted for ca 11 % of the total sales of the sampled Union producers. In view of the decreased sales volume leading to a decrease in production volume, it was concluded that the export performance had also contributed to the injury suffered.

6.3.   Conclusion on causation

• (162) On the basis of the above, the Commission concluded that the dumped imports originating in the PRC materially injured the Union industry.

• (163) The other identified factors such as the imports from other third countries and the export sales performance of the Union producers, whether considered individually or collectively, also injured the Union industry but did not attenuate the causal link between the dumped imports and the material injury.

7. LIKELIHOOD OF CONTINUATION OF INJURY

• (164) The Commission concluded in recital 153 that the Union industry suffered 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 continuation of injury caused by the dumped imports from China if the measures were allowed to lapse.

• (165) In that respect, the Commission examined the spare capacity in the PRC, measures on third markets and the attractiveness of the Union market, should the measures be allowed to lapse.

7.1.   Spare capacity in the PRC

• (166) As indicated in recital 96 above, the PRC is among the largest producers of cast iron articles in the World. The Chinese spare capacity was estimated at 622 638 tonnes during the review investigation period; i.e. 133 % of the Union consumption during the same period. Therefore, the Chinese cast iron industry that depends greatly on foreign markets to sell its products, would be readily able to increase its exports in large amounts, at dumped prices to the Union, if the anti-dumping duties were allowed to expire. This would further deteriorate the already fragile economic situation of the Union industry.

7.2.   Attractiveness of the Union market

• (167) The Union market remains attractive for Chinese exporters, as is evidenced by the fact that they continued to export significantly to the Union despite the measures in force. China was the third largest exporter of certain cast iron articles to the Union in the review investigation period.

• (168) The Union market for certain cast iron articles is one of the largest in the world, with a consumption of 467 544 tonnes during the review investigation period. The other major market in terms of size is the US market. It is currently protected by trade defence measures against China at the level of 25,52 % ⁶³, reducing significantly Chinese imports. These measures were prolonged for 5 years in March 2022.

• (169) The Union market is also attractive in terms of prices. Evidence provided in the review request by the applicant shows offers ⁶⁴ to customers worldwide made by Chinese exporting producers at levels below the Chinese export price to the Union (on average 26 % lower) and significantly lower than the Union industry prices. Consequently, it is likely that, should the measures be allowed to lapse, the Union market would become even more attractive to Chinese exporters.

• (170) In view of the above, the Commission concluded that the repeal of the measures would, in all likelihood, result in a significant increase of dumped imports from China at injurious price levels, and therefore further aggravate the injury suffered by the Union industry. Therefore, there is a strong likelihood of continuation of injury.

8. LIKELIHOOD OF RECURRENCE OF INJURY

• (171) In addition, the Commission found that the repeal of the measures would in all likelihood result in recurrence of further injury should measures be repealed. Indeed, even if the continuous injury suffered by the Union industry could not be attributed to the subject imports, the Commission found that there is strong likelihood of recurrence of injury on the basis of the significant level of the spare capacity in the PRC, and the attractiveness of the Union market.

9. UNION INTEREST

• (172) 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/traders and users/consumers.

9.1.   Interest of the Union industry

• (173) The imposed measures have been effective as they helped reducing the volume of Chinese imports on the Union market. However, the volumes of imports of the product concerned from China remained significant during the period considered (4,6 % market share in the RIP).

• (174) It was established that the Union industry suffered material injury during the review investigation period and that its situation is fragile, as confirmed by the negative trends of several injury indicators.

• (175) The repeal of the measures would, in all likelihood, result in a significant increase of dumped imports from China at injurious price levels and would further aggravate the injury suffered by the Union industry and threaten its viability.

• (176) The Commission thus concluded that maintaining the anti-dumping measures against the PRC was in the interest of the Union industry.

9.2.   Interest of unrelated importers

• (177) Two unrelated importers submitted a questionnaire reply following the publication of the Notice of Initiation and cooperated fully with the investigation by submitting answers to the deficiency points raised during the investigation.

• (178) Both were importing the product under review from various sources (multiple sources including China) during the RIP. The product under review represented more than 90 % of the total turnover for one of the importers, while for the other it was below 50 % of the total activity.

• (179) Both were against the continuation of the measures considering that these measures distorted competition and were an extra burden for them. They also alleged that the Union industry does not need such protection.

• (180) The Commission considered that anti-dumping measures are not a mere protectionist mechanism but a mechanism to level the playing field. The anti-dumping measures do not have the objective to close off the Union market from Chinese imports, but to restore fair trade by removing the effect of injurious dumping. As regards the claim that Union industry does not need protection, the investigation revealed exactly the opposite since the Union industry appeared to be injured during the review investigating period and it was established that Chinese imports contributed to the injury suffered by the Union producers.

• (181) The investigation revealed as well that both traders were highly profitable, despite the measures in force. Therefore, we could consider that the burden imposed on them by the anti-dumping measures seems reasonable.

• (182) The Commission concluded that there were no compelling reasons from the perspective of unrelated traders against the prolongation of the measures.

9.3.   Interest of users, consumers

• (183) The Commission contacted all known users/consumers. None of them replied to the Commission’s questionnaire.

• (184) The Commission did not receive any comments indicating that the maintenance of the measures would have a significant negative impact on the users, outweighing the positive impact of the measures on the Union industry. In any case, as indicated in the original investigation in recital 254, the Commission reconfirmed that end users cannot rely on dumped prices at the expense of the Union industry.

9.4.   Conclusion on Union interest

• (185) On the basis of the above, the Commission concluded that there were no compelling reasons of Union interest against maintaining the existing measures on imports of certain cast iron articles originating in China. The positive effects of the anti-dumping measures on the Union market, in particular on the Union industry, outweigh the potential negative effect on the other interest groups.

10. ANTI-DUMPING MEASURES

• (186) On the basis of the conclusions reached by the Commission on continuation of dumping, continuation of injury and Union interest, the anti-dumping measures on certain cast iron articles from the PRC should be maintained.

• (187) 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’.

• (188) 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.

• (189) 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.

• (190) The individual company anti-dumping duty rates specified in 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.

• (191) A company, benefiting from an individual anti-dumping duty rate, may request the application of this rate if it changes subsequently the name of its entity. The request must be addressed to the Commission ⁶⁵. 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.

• (192) 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.

• (193) In view of Article 109 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council ⁶⁶ 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 calculated on the basis of 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.

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

HAS ADOPTED THIS REGULATION:

Article 1

These articles are of a kind used to:

• — cover ground or sub-surface systems, and/or openings to ground or sub-surface systems, and also

• — give access to ground or sub-surface systems and/or provide view to ground or sub-surface systems.

The articles may be machined, coated, painted and/or fitted with other materials such as but not limited to concrete, paving slabs, or tiles.

The following product types are excluded from the definition of the product concerned:

• — channel gratings and cast tops subject to standard EN 1433, to be fitted as a component on channels in polymer, plastic, galvanised steel or concrete allowing surface water to flow into the channel,

• — floor drains, roof drains, cleanouts and covers for cleanouts, subject to standard EN 1253,

• — step irons, lifting keys, and fire hydrants.

Company	Anti-dumping duty	TARIC additional code
Botou City Wangwu Town Tianlong Casting Factory	15,5  %	C221
Botou Lisheng Casting Industry Co., Ltd	31,5  %	C222
Fengtai (Handan) Alloy Casting Co., Ltd	38,1  %	C223
Hong Guang Handan Cast Foundry Co., Ltd	21,3  %	C224
Shijiazhuang Transun Metal Products Co., Ltd	25,0  %	C225
Other cooperating companies listed in Annex	25,4  %	See Annex
All other companies	38,1  %	C999

Article 2

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

• — it did not export to the Union the product described in Article 1(1) during the investigation period (1 October 2015 to 30 September 2016),

• — it is not related to any of the exporters or producers in the People’s Republic of China which are subject to the measures imposed by this Regulation,

• — it has actually exported to the Union the product concerned after the investigation period on which the measures are based, or it has entered into an irrevocable contractual obligation to export a significant quantity to the Union,

The Annex to this Regulation shall be amended, after giving all interested parties the possibility to comment, by adding the new exporting producer to the cooperating companies not included in the sample and thus subject to the weighted average duty rate.

Article 3

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, 4 March 2024.

For the Commission

The President

Ursula VON DER LEYEN

ANNEX

Chinese cooperating exporting producers not sampled:

Name	TARIC additional code
Baoding City Maikesaier Casting Ltd.	C226
Baoding GB Metal Products Co., Ltd.	C232
Baoding Hualong Casting Co., Ltd.	C233
Baoding Shuanghu Casting Co., Ltd.	C234
Bo Tou Chenfeng Casting Co., Ltd.	C235
Botou City Minghang Casting Co., Ltd.	C236
Botou City Qinghong Foundry Co., Ltd. and the related company Cangzhou Qinghong Foundry Co., Ltd.	C237
Botou City Simencun Town Bai Fo Tang Casting Factory	C238
Botou Dongli Foundry Co., Ltd.	C239
Botou GuangTai Precision Casting Factory	C240
Botou Mancheng Foundry Co., Ltd.	C241
Botou Okai Foundry Co., Ltd.	C242
Botou Sanjiang Casting Co., Ltd.	C243
Botou TongYang Casting Factory	C244
Botou Weili Precision Casting Co., Ltd.	C245
Botou Xinrong Foundry Co., Ltd.	C246
Botou Zhengxin Foundry Co., Ltd.	C247
Cangzhou Hongyuan Machinery & Foundry Co., Ltd.	C248
Cangzhou Yadite Casting Machinery Co., Ltd.	C249
Changsha Jinlong Foundry Industry Co., Ltd.	C250
Changyi City ChangZhan Casting Co., Ltd.	C251
China National Minerals Co., Ltd.	C252
Dingxiang Sitong Forging and Casting Industrial	C253
Dingzhou Dongyu Foundry Co., Ltd.	C254
Handan City Jinzhu Foundry Co., Ltd.	C255
Handan Haolin Casting Co., Ltd.	C256
Handan Qunshan Foundry Co., Ltd.	C257
Handan Yanyuan Machinery Foundry Co., Ltd.	C258
Handan Yuanyang Foundry Co.,Ltd	C259
Handan Zhangshui Pump Manufacturing Co., Ltd.	C260
Hebei Cheng’An Babel Casting Co., Ltd.	C261
Hebei Feixiang East Foundry Products Co., Ltd.	C262
Hebei Jinghua Casting Co., Ltd.	C263
Hebei Shunda Foundry Co., Ltd.	C264
Hebei Tengfeng Metal Products Co., Ltd.	C265
Hebei Zhonghe Foundry Co., Ltd.	C266
Hengtong Valve Co.,LTD	C267
Heping Cast Co., Ltd. Yi County	C268
Jiaocheng County Honglong Machinery Manufacturing Co., Ltd.	C269
Jiaocheng County Xinlei Machinery Manufacturing Co., Ltd.	C270
Jiaocheng County Xinxing Casting Co., Ltd.	C271
Jinan Laiwu Haitian Machinery Manufacturing Co., Ltd	C272
Laiwu Xinlong Weiye Foundry Co., Ltd.	C273
Lianyungang Ganyu Xingda Casting Foundry	C274
Lingchuan County Rainbow Casting Co., Ltd.	C275
Lingshou County Boyuan Foundry Co., Ltd.	C276
Pingyao County Master Casting Co., Ltd.	C277
Qingdao Jiatailong Industrial Co.,Ltd	C278
Qingdao Jinfengtaike Machinery Co., Ltd.	C279
Qingdao Qitao Casting Co., Ltd.	C280
Qingdao Shinshu Casting Co., Ltd.	C281
Qingyuanxian Yueda Fountry Co., Ltd.	C282
Rockhan Technology Co., Ltd.	C283
Shahe City Fangyuan Casting Co., Ltd.	C284
Shandong Heshengda Machinery Technology Co., Ltd.	C298
Shandong Hongma Engineering Machinery Co., Ltd.	C285
Shandong Lulong Group Co., Ltd.	C286
Shanxi Ascent Industrial Co., Ltd.	C310
Shanxi Associated Industrial Co., Ltd.	C287
Shanxi Jiaocheng Xinglong Casting Co., Ltd.	C288
Shanxi Solid Industrial Co., Ltd.	C289
Shanxi Yuansheng Casting and Forging Industrial Co., Ltd.	C290
Shaoshan Huanqiu Castings Foundry	C291
Tang County Kaihua Metal Products Co., Ltd.	C292
Tangxian Hongyue Machinery Accessory Foundry Co., Ltd.	C293
Tianjin Jinghai Chaoyue Industrial and Commercial Co., Ltd.	C294
Tianjin Yu Xing Da Casting Co., Ltd.	C295
Wangdu Junrong Foundry Co., Limited	C296
Weifang Nuolong Machinery Co., Ltd.	C297
Weifang Weikai Casting Co., Ltd.	C299
Wen Shui Hengli Nature of the Company	C300
Wuhan RedStar Agro-Livestock Machinery Co. Ltd	C301
Zibo Joy’s Metal Co., Ltd.	C302

ELI: http://data.europa.eu/eli/reg_impl/2024/770/oj

ISSN 1977-0677 (electronic edition)