LegalizeCommission Implementing Regulation (EU) 2024/844 of 13 March 2024 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of electrolytic manganese dioxides originating in the People’s Republic of China
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- (227) 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 48. 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.
- (228) To minimise the risks of circumvention due to the difference in duty rates, special measures are needed to ensure the proper 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’.
- (229) 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 should 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 rate of duty is justified, in compliance with customs law.
- (230) Should the exports by one of the companies benefiting from lower individual duty rates increase significantly in volume, in particular 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, an anti-circumvention investigation may be initiated, provided that the conditions for doing so are met. 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.
- (231) To ensure a proper enforcement of the anti-dumping duties, the anti-dumping duty for all other companies should apply not only to the non-cooperating exporting producers in this investigation, but also to the producers which did not have exports to the Union during the investigation period.
- (232) Exporting producers that did not export the product concerned to the Union during the investigation period should be able to 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 IP; (ii) it is not related to an exporting producer that did so; and (iii) has exported the product concerned thereafter or has entered into an irrevocable contractual obligation to do so in substantial quantities.
- (233) 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.
8.2. Definitive collection of the provisional duties
- (234) In view of the dumping margins found and given the level of the injury caused to the Union industry, the amounts secured by way of provisional anti-dumping duties imposed by the provisional Regulation, should be definitively collected up to the levels established under the present Regulation.
9. FINAL PROVISION
- (235) In view of Article 109 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council 49, 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.
- (236) 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 imposed on imports of electrolytic manganese dioxides (namely manganese dioxides produced through an electrolytic process) not heat-treated after the electrolytic process, currently falling under CN code ex 2820 10 00 (TARIC code 2820100010) and originating in the People’s Republic of China.
The rate of the definitive anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty, of the products described in paragraph 1 and produced by the companies listed below, shall be as follows:
| Country | Company | Definitive anti-dumping duty | TARIC additional code |
|---|---|---|---|
| People’s Republic of China | Xiangtan Electrochemical Scientific Ltd Jingxi Xiangtan electrochemical scientific ltd. | 8,6 % | 899N |
| People’s Republic of China | Guangxi Guiliu New Material Co., Ltd Guangxi Xiatian Manganese Mine Co. LTD | 0 % | 899O |
| People’s Republic of China | Guangxi Daxin Huiyuan New Energy Technology Co., Ltd | 17,1 % | 899P |
| People’s Republic of China | Other cooperating companies listed in Annex | 10,1 % | |
| People’s Republic of China | All other companies | 35,0 % | C999 |
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 name and function, drafted as follows: ‘I, the undersigned, certify that the (volume) of (product concerned) sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in the People's Republic of China. 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 companies shall apply.
In cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is apportioned for the determination of the customs value pursuant to Article 131(2) of Commission Implementing Regulation (EU) 2015/2447 50 the amount of anti-dumping duty, calculated on the basis of the amounts set above, shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable.
Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2
The amounts secured by way of the provisional anti-dumping duty under Implementing Regulation (EU) 2023/2120 imposing a provisional anti-dumping duty on imports of electrolytic manganese dioxides originating in the People’s Republic of China shall be definitively collected. The amounts secured in excess of the definitive rates of the anti-dumping duty shall be released.
Article 3
Article 1 (2) may be amended to add new exporting producers from the People’s Republic of China and make them subject to the appropriate weighted average anti-dumping duty rate for cooperating companies not included in the sample. A new exporting producer shall provide evidence that:
- (a) it did not export the goods described in Article 1(1) during the period of investigation (1 January 2022 to 31 December 2022);
- (b) it is not related to an exporter or producer subject to the measures imposed by this Regulation, and which could have cooperated in the original investigation; and
- (c) it has either actually exported the product concerned or has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the end of the period of investigation.
Article 4
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 March 2024.
For the Commission
The President
Ursula VON DER LEYEN
Notice of initiation of an anti-dumping proceeding concerning imports of certain manganese dioxides originating in the People’s Republic of China (OJ C 57, 16.2.2023, p. 11).
Commission Implementing Regulation (EU) 2023/2120 of 12 October 2023 imposing a provisional anti-dumping duty on imports of electrolytic manganese dioxides originating in the People’s Republic of China (OJ L, 2023/2120, 13.10.2023, ELI: http://data.europa.eu/eli/reg_impl/2023/2120/oj).
Notice amending the Notice of initiation of an anti-dumping proceeding concerning imports of certain manganese dioxides originating in the People’s Republic of China published on 16 February 2023 (OJ C 323, 13.9.2023, p. 10).
Notice of initiation of an anti-dumping proceeding concerning imports of certain manganese dioxides originating in the People’s Republic of China (OJ C 57, 16.2.2023, p.11).
Commission Implementing Regulation (EU) 2021/2239 of 15 December 2021 imposing a definitive anti-dumping duty on imports of certain utility scale steel wind towers originating in the People’s Republic of China (OJ L 450, 16.12.2021, p. 59).
Case T-126/21, Azot v Commission, EU:T:2023:376.
Commission Implementing Regulation (EU) 2020/492 of 1 April 2020 imposing definitive anti-dumping duties on imports of certain woven and/or stitched glass fibre fabrics originating in the People’s Republic of China and Egypt (OJ L 108, 6.4.2020, p. 1).
Article 17(3) of the basic Regulation.
See judgment of 21 June 2023, Guangdong Haomei New Materials and Guangdong King Metal Light Alloy Technology v Commission, T-326/21, EU:T:2023:34,7 para. 104.
See for instance Chapters 2-3, 8-9, 58-60 of the 14th national FYP.
See Chapter 65 of the 14th national FYP.
See judgment of 21 June 2023, Guangdong Haomei New Materials and Guangdong King Metal Light Alloy Technology v Commission, T-326/21, EU:T:2023:34,7 para. 107.
The terms of use of Fastmarkets.com database did not allow the Commission to show monthly or weekly data extracts to interested parties where this difference in prices was visible. Parties have also the opportunity to check the accuracy of the Commission’s data by purchasing themselves access to this database.
Price difference of around [5 %-7 %] in the second part of the period considered and of around [8 %-12 %] in 2019.
Profitability was [2–3] % in the investigation period and [7-8] % in 2019.
The prices of Chinese imports were around [10 %–15 %] lower than the average cost of production of the Union industry in the IP, compared to around [1 %-2 %] difference in 2019.
The production of high-performance batteries (around 1/2 of battery producer’s business) needs a high drain performance EMD grade.
Low quality (carbon-zinc grade), standard alkaline grade and high-quality alkaline grade EMD.
These two users represented around 70 % of the Union’s consumption in the IP and one of them was cooperating in the investigation.
These two users represented around 70 % of the Union’s consumption in the IP and one of them was cooperating in the investigation.
Database established in line with Article 55 of Implementing Regulation (EU) 2015/2447. More information is available at: https://taxation-customs.ec.europa.eu/online-services/online-services-and-databases-customs/surveillance-system_en
The Commission took the profits achieved by the two Union producers before the increase of imports from China during the period considered, namely the actual profit earned in 2020, when the dumped imports had the lowest impact. In 2020, the Chinese imports represented the smallest of the market share ([10–20] %) during the period considered, while the other financial indicators of the Union industry were most positive in that year (the highest cash flow and the highest return on investments achieved).
Council Regulation (EC) No 221/2008 of 10 March 2008 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain manganese dioxides originating in South Africa (OJ L 69, 13.3.2008, p. 1).
Autlan referred to the findings of the Court of Justice in Judgment of 8 June 2023, Severstal v Commission, C-747/21 P (Joined Cases C-747/21 P, C-748/21 P), EU:C:2023:459, paras. 76 and 79, and the opinion of the Advocate General in that case, paras. 33, 56, and 57.
Judgment of 8 June 2023, Severstal v Commission, C-747/21 P (Joined Cases C-747/21 P, C-748/21 P), EU:C:2023:459, para. 76.
Judgment of 8 June 2023, Severstal v Commission, C-747/21 P (Joined Cases C-747/21 P, C-748/21 P), EU:C:2023:459, para. 78.
Autlan’s 2022 annual report, https://www.autlan.com.mx/wp-content/uploads/2019/09/Informe_Anual_2022-ING.pdf
https://www.tosoh.com/investors/audited-financial-statements
The note to file on the future environmental cost calculation t23.004660 of 11/10/2023.
The note to file on the future environmental cost calculation t23.004660 of 11/10/2023.
https://www.ieta.org/resources/ghg-sentiment-survey/2023-survey/ (last visited on 31 January 2024).
Bloomberg NEF, Commerzbank AG, Banco Santander SA, Intesa Sanpaolo SpA, MUFG Bank.
The note to file on the future environmental cost calculation t23.004660 of 11.10.2023.
Sourced from International Manganese Institute.
Total capacity of [470 000 000–490 000 000 kg] and production of [260 000 000–280 000 000 kg].
Source: U.S. Geological Survey, Mineral Commodity Summaries, January 2022, https://pubs.usgs.gov/periodicals/mcs2022/mcs2022-manganese.pdf
Xiangtan Electrochemical Scientific Ltd and Guangxi Daxin Huiyuan New Energy Technology Co., Ltd (source: Annex 2, t23.004362, 28/09/2023).
https://baijiahao.baidu.com/s?id=1772377473207861712&wfr=spider&for=pc
Similar increase of battery prices was observed from 2021 to the IP in the Union.
Council Regulation (EC) No 215/2002 of 28 January 2002 imposing definitive anti-dumping duties on imports of ferro molybdenum originating in the People's Republic of China (OJ L 35, 6.2.2002, p. 1), recital 14, and Council Regulation (EC) No 437/2004 of 8 March 2004 imposing definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of large rainbow trout originating in Norway and the Faeroe Islands (OJ L 72, 11.3.2004, p. 23), recital 26 , respectively.
Manganese ore price change from the IP to 2023 based on data from Fastmarkets.com.
EU-27 Electricity prices for non-household use in first half of 2023 compared to the IP (source: Eurostat – https://ec.europa.eu/eurostat/databrowser/view/nrg_pc_205/default/table?lang=en, visited on 22 December 2023) .
Salaries for Duracell were adjusted by the salary indexation rate for 2023 mandated by Joint Industrial Committee (JIC 200) in Belgium. Varta’s labour costs were adjusted based on evidence submitted by Varta on renegotiated salaries.
Available at: https://www.varta-ag.com/en/about-varta/news/details/varta-ag-achieves-best-quarter-of-the-current-financial-year-to-date (last visited on 31 January 2024).
See Proposal for a regulation of the European Parliament and of the Council establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) 168/2013, (EU) 2018/858, 2018/1724 and (EU) 2019/1020, Article 1, available at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52023PC0160 (last visited on 31 January 2024).
European Commission, Directorate-General for Trade, Directorate G, Wetstraat 170 Rue de la Loi, 1040 Brussels, Belgium.
Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).
Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558)
ANNEX
Cooperating exporting producers not sampled
| Country | Name | TARIC additional code |
|---|---|---|
| People’s Republic of China | Guizhou Redstar Developing Dalong Manganese Industry Co., Ltd. | 899Q |
| People’s Republic of China | Guizhou Manganese Mineral Group Co., Ltd. | 899R |
| People’s Republic of China | Prince Minerals China Ltd | 899S |
| People’s Republic of China | Hunan Qingchong New Materials Co., Ltd. | 899T |
ELI: http://data.europa.eu/eli/reg_impl/2024/844/oj
ISSN 1977-0677 (electronic edition)
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