LegalizeCommission Implementing Regulation (EU) 2024/1923 of 10 July 2024 imposing a provisional anti-dumping duty on imports of titanium dioxide originating in the People’s Republic of China
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.
- (434) Finally, Schulman Plastics, a large Union producer of plastics and related materials, provided the questionnaire reply for one of its plants, focused on production of MW, which will be the most affected by the duties out of the companies assessed in this section. This plant sources only a part of their TiO2 from China, but TiO2 represents a vast majority of its total cost of production. Its profitability in the MW business in the investigation period was healthy, while the total plant was performing even better that just the MW business. While its profitability will surely be the most affected of all users due to its cost structure, the Commission estimated that, even if it would not be able to pass such cost increase to its customers, it would still remain profitable.
- (435) As show in this section, majority of the users that provided questionnaire replies would remain profitable even when taking into account the provisional anti-dumping duties. Moreover, other sources of supply were available to them. The Commission thus concluded that users will overall not be disproportionately adversely affected by the measures. Two users (Felix and Sherwin-Williams) were operating at a loss in the TiO2 segment of the business in the investigation period, together employing around 1 000 people. However, for the reasons explained in recitals (430) and (433) above, the Commission did not consider that their situation will be seriously deteriorated by the imposition of measures. Conversely, if Union producers go out of business, this will eliminate a large part of supply for all the users.
7.3.2. Other users
- (436) Several users, user associations and CNCIA made written submissions, in which they claimed that imposition of duties would be against Union interest.
- (437) First, the users claimed that there is a limited number of TiO2 producers in the Union and their capacities are not sufficient to fulfil the Union demand. Therefore, diverse sources of supply are needed and the presence of Chinese TiO2 imports on the market is necessary to allow for normal functioning of the market. One user claimed that downstream industries often face periods of extreme shortage of TiO2, where they were all put under allocation and could receive only limited amount of their demand for TiO2 from the Union producers. On top of that, it was claimed that Chinese imports will become an essential source of supply to the Union due to plant closures in the Union. They furthermore claimed that anti-dumping duties would eliminate supplies from China and make the users even more vulnerable to supply shortages experienced in 2021/2022.
- (438) The Commission reminded in that regard that the purpose of anti-dumping duties is not to close off the Union market to imports from the country concerned, but rather to tackle unfair market practices and restore the level playing field, precisely allowing for the normal functioning of the market. Even if imports from China would disappear completely, however, there are multiple sources of supply from numerous other third countries, guaranteeing stability of supply. Furthermore, the Union producers demonstrated during the investigation that several investments aimed at capacity expansion are planned, pending normalisation in the market conditions. As concerns supply shortages in 2021 and 2022, the Commission noted that supply issues in those years were caused precisely by the length of supply chains, which were thus heavily disrupted by the shipping crisis. Consequently, it is the loss of capacity in the Union that would potentially worsen any similar supply shortages caused by the shocks to the global economy in the future. The Commission thus dismissed the above arguments as unfounded.
- (439) Second, certain interested parties claimed that price increases of TiO2 would be bad for general inflation in the Union, and particularly damaging to the important construction sector, as it is a key downstream industry for producers of paints and varnishes. The users claimed that costs in construction sector remain on the rise, and it is hard hit by the economic crisis as it is.
- (440) The Commission noted in that regard that no participants from the construction sector registered as interested parties in this investigation to object to the imposition of duties. Furthermore, no evidence was provided to quantify the effect the imposition of duties would have on the construction sector. The Commission thus dismissed this argument as unfounded.
- (441) Third, several interested parties claimed that users and downstream industries cannot pass on further cost increases to their customers, without providing any supporting evidence. The Commission was thus unable to verify the veracity of this claim. It seems unlikely, however, that in a general inflationary environment, where prices are increasing across the board, users could not increase their prices to offset the minor impact that the anti-dumping duties might have on their cost of production. The Commission thus dismissed this claim.
- (442) Fourth, a number of users have further claimed that they export most of their production (such as ceramics) and, as they rely heavily on TiO2 in their production, any increase in the cost of TiO2 resulting from this investigation will put them in a competitive disadvantage compared to their competitors operating outside the Union and increase the risk of offshoring downstream production.
- (443) These users did not, however, provide supporting verifiable information (such as questionnaire replies) which would allow the Commission to determine the weight of Chinese TiO2 in their cost structure and accurately assess the impact on their performance in the Union. The Commission thus rejected this claim.
- (444) Fifth, several other users, producers of masterbatches, claimed that competitors outside the Union will be able to get Chinese TiO2 at much lower cost and will be able to sell their products to the Union more competitively. Their product contains over [75–80] % TiO2, so they claimed that a 50 % price differential will render them totally uncompetitive and may force them to shut down facilities in the Union. Downstream industries will also become less competitive in domestic and export markets.
- (445) The Commission noted in that regard that USA already has anti-dumping duties in place against Chinese TiO2, while Brazil has initiated an anti-dumping investigation of its own in April 2024. Other markets, therefore, are already taking measures to correct the distortive practices of Chinese dumped imports. The Commission also considered that, even if diversion of trade of TiO2 from China to other third markets would take place and would make downstream industries less competitive, this would still have a less negative effect on those industries than disappearance of the Union TiO2 producers, exposing downstream industries to supply shortages and worse supply shocks.
7.4. Conclusion on Union interest
- (446) On the basis of the above, the Commission concluded that there were no compelling reasons to conclude that it was not in the Union interest to impose provisional measures on imports of TiO2 originating in China at this stage of the investigation.
8. PROVISIONAL ANTI-DUMPING MEASURES
- (447) On the basis of the conclusions reached by the Commission on dumping, injury, causation, level of measures and Union interest, provisional measures should be imposed to prevent further injury being caused to the Union industry by the dumped imports.
- (448) Provisional anti-dumping measures should be imposed on imports of TiO2 originating in country concerned, in accordance with Article 7(2) of the basic Regulation. The Commission concluded that the appropriate level to remove injury should be the dumping margin.
- (449) On the basis of the above, the provisional anti-dumping duty rates, expressed on the CIF Union border price, customs duty unpaid, should be as follows:
| Company | Provisional anti-dumping duty |
|---|---|
| LB group | 39,7 % |
| Anhui Gold Star group | 14,4 % |
| Other cooperating companies | 35,0 % |
| All other companies | 39,7 % |
- (450) The individual company anti-dumping duty rates specified in this Regulation were established on the basis of the findings of this investigation. Therefore, they reflect the situation found during this investigation with respect to these companies. These duty rates are exclusively applicable to imports of the product concerned originating in the country concerned and produced by the named legal entities.
- (451) Imports of the product concerned 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.
- (452) To minimise 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’.
- (453) 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.
- (454) 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.
9. REGISTRATION
- (455) As mentioned in recital (3), the Commission made imports of the product concerned subject to registration. Registration took place with a view to possibly collecting duties retroactively under Article 10(4) of the basic Regulation.
- (456) No decision on a possible retroactive application of anti-dumping measures can be taken at this stage of the proceeding.
10. INFORMATION AT PROVISIONAL STAGE
- (457) In accordance with Article 19a of the basic Regulation, the Commission informed interested parties about the planned imposition of provisional duties. This information was also made available to the general public via DG TRADE’s website. Interested parties were given three working days to provide comments on the accuracy of the calculations specifically disclosed to them (‘pre-disclosure’).
- (458) One of the sampled exporting producers submitted a comment referring to the method of establishing of the SG&A of a related trader. Contrary to what is suggested by the exporting producer and in line with the Commission standing practice, SG&A of a related trader does not include expenses such as ‘Carriage and Duty’, ‘Warehousing’ and ‘Insurance’ in relation to the dumping calculations for the said exporting producer. In addition, three users, Plastika Kritis SA, Felix, and Munksjö submitted comments on pre-disclosure. The Commission observed that none of those comments concerned the accuracy of the calculations and will therefore consider them together with all other submissions after the publication of the provisional measures.
11. FINAL PROVISIONS
- (459) In the interests of sound administration, the Commission will invite the interested parties to submit written comments and/or to request a hearing with the Commission and/or the Hearing Officer in trade proceedings within a fixed deadline.
- (460) The findings concerning the imposition of provisional duties are provisional and may be amended at the definitive stage of the investigation,
HAS ADOPTED THIS REGULATION:
Article 1
A provisional anti-dumping duty is imposed on imports of titanium dioxide, having the chemical formula TiO2, in all forms, as titanium oxides or in pigments and preparations based on titanium dioxide, containing a minimum of 80 % by weight of titanium dioxide calculated on the dry matter, having all types of particle sizes, classified under the Chemical Abstracts Service Registry Number (CAS RN) 12065-65-5 and 13463-67-7, currently falling under CN codes ex 2823 00 00 and 3206 11 00 (TARIC codes 2823000010 and 2823000030) and originating in People’s Republic of China.
The rates of the provisional anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty, of the product described in paragraph 1 and produced by the companies listed below shall be as follows:
| Company | Provisional anti-dumping duty | TARIC additional code |
|---|---|---|
| LB group: — LB GROUP CO., LTD. — HENAN BILLIONS ADVANCED MATERIAL CO., LTD. — LB LUFENG TITANIUM INDUSTRY CO., LTD. — LB SICHUAN TITANIUM INDUSTRY CO., LTD. — LB XIANGYANG TITANIUM INDUSTRY CO., LTD. | 39,7 % | 89CB |
| Anhui Gold Star group: — Anhui Gold Star Titanium Dioxide (Group) Co., Ltd. — ANHUI GOLD STAR TITANIUM DIOXIDE TRADING COMPANY LIMITED | 14,4 % | 89CC |
| Other cooperating companies listed in Annex | 35,0 % | see Annex |
| All other imports originating in the PRC | 39,7 % | 8999 |
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 concerned) 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 companies shall apply.
The release for free circulation in the Union of the product referred to in paragraph 1 shall be subject to the provision of a security deposit equivalent to the amount of the provisional duty.
Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2
Interested parties shall submit their written comments on this Regulation to the Commission within 15 calendar days of the date of entry into force of this Regulation.
Interested parties wishing to request a hearing with the Commission shall do so within 5 calendar days of the date of entry into force of this Regulation.
Interested parties wishing to request a hearing with the Hearing Officer in trade proceedings are invited to do so within 5 calendar days of the date of entry into force of this Regulation. The Hearing Officer may examine requests submitted outside this time limit and may decide whether to accept to such requests if appropriate.
Article 3
Customs authorities are hereby directed to discontinue the registration of imports established in accordance with Article 1 of Implementing Regulation (EU) 2024/1617.
Data collected regarding products which entered the EU for consumption not more than 90 days prior to the date of the entry into force of this Regulation shall be kept until the entry into force of possible definitive measures, or the termination of this proceeding.
Article 4
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Article 1 shall apply for a period of six months.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 July 2024.
For the Commission
The President
Ursula VON DER LEYEN
Notice of initiation of an anti-dumping proceeding concerning imports of titanium dioxide (‘TiO2
’), originating in the People’s Republic of China (OJ C, C/2023/786, 13.11.2023, ELI: http://data.europa.eu/eli/C/2023/786/oj).
Commission Implementing Regulation (EU) 2024/1617 of 6 June 2024 making imports of titanium dioxide originating in the People’s Republic of China subject to registration (OJ L, 2024/1617, 7.6.2024, ELI: http://data.europa.eu/eli/reg_impl/2024/1617/oj).
Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).
Commission Decision of 4.7.2018 in Case M.8451 – TRONOX / CRISTAL, para 57-74, available at m8451_3750_3.pdf (europa.eu)
Commission Decision of 10.9.2014 in Case M.7061 – HUNTSMAN CORPORATION / EQUITY INTERESTS HELD BY ROCKWOOD HOLDINGS, available at: m7061_20140910_20600_4133655_EN.pdf (europa.eu)
Commission Staff Working Document on Significant Distortions in the Economy of the People’s Republic of China for the purposes of Trade Defence Investigations (SWD(2017) 483 final/2 of 20 December 2017).
Commission Decision of 31.3.2011 declaring a concentration to be compatible with the common market (Case No COMP/M.6082 – CHINA NATIONAL BLUESTAR / ELKEM) according to Council Regulation (EC) No 139/2004 – recital 3.
Ilmenite (also known as titanium ores) – the main raw material for manufacturing TiO2 – is not listed in the Catalogue of Goods Subject to Export Licensing. However, this product is not substantially exported outside China and is used for the manufacture of TiO2 domestically.
Commission Implementing Regulation (EU) 2019/1693 of 9 October 2019 imposing a provisional anti-dumping duty on imports of steel road wheels originating in the People’s Republic of China (OJ L 259, 10.10.2019, p. 15), recital 93.
Commission Staff Working Document on Significant Distortions in the Economy of the People’s Republic of China for the purposes of Trade Defence Investigations (SWD(2024) 91 final of 10 April 2024).
Updated Report – Chapter 2, p. 7.
Updated Report – Chapter 2, p. 7-8.
Updated Report – Chapter 2, p. 10, 18.
Available at: http://www.npc.gov.cn/zgrdw/englishnpc/Constitution/node_2825.htm (accessed on 30 April 2024).
Updated Report – Chapter 2, p. 29-30.
Updated Report – Chapter 4, p. 57, 92.
Updated Report – Chapter 6, p. 149-150.
Updated Report – Chapter 6, p. 153 -171.
Updated Report – Chapter 7, p. 204-205.
Updated Report – Chapter 8, p. 207-208, 242-243.
Updated Report – Chapter 2, p. 19-24, Chapter 4, p. 69, p. 99-100, Chapter 5, p. 130-131.
See https://www.pgvt.cn/index.php?s=Home/Article/lists/art_type/strat_index (accessed on 30 April 2024).
See http://www.ansteel.cn/yewubankuai/fantaichanye/2016-11-18/5.html (accessed on 30 April 2024).
See the company’s 2023 Annual Report, p. 73, available at: https://static.cninfo.com.cn/finalpage/2024-03-26/1219403167.PDF (accessed on 30 April 2024).
See http://www.lomonbillions.com/news1/10935 (accessed on 30 April 2024).
See the company’s 2023 Annual Report, available at 6384971587015100121058021.PDF (ruituoyun.com) (accessed on 30 April 2024).
See https://www.zhtb.com/ (accessed on 30 April 2024).
See the company’s 2023 Annual Report, p. 111, available at http://file.finance.sina.com.cn/211.154.219.97:9494/MRGG/CNSESZ_STOCK/2024/2024-4/2024-04-18/9985963.PDF (accessed on 30 April 2024).
Updated Report – Chapter 13, p. 466.
See http://www.panzhihua.gov.cn/zwgk/gzdt/bdyw/4434292.shtml (accessed on 30 April 2024).
Art. 33 of the CCP Constitution, Article 19 of the Chinese Company Law. See updated Report – Chapter 3, p. 47-50.
See https://www.cxz.gov.cn/info/egovinfo/1001/xxgkxt_content/115323000151673132-/2022-06110032.htm – Section II.2. (accessed on 30 April 2024).
Ibid. – Section II.2.4.
Updated Report – Chapter 2, p. 24-27.
See https://www.chinacoatingnet.com/about/regulations.html (accessed on 30 April 2024).
Ibid.
The full list of the members of TiO2 Branch is available at: https://www.chinacoatingnet.com/news/show.php?itemid=9466 (accessed on 30 April 2024).
Updated Report – Chapter 5, p. 124-125.
Updated Report – Chapter 3, p. 40.
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.
Updated Report – Chapter 3, p. 41.
Available at: https://www.reuters.com/article/us-china-congress-companies-idUSKCN1B40JU (accessed on 30 April 2024).
General Office of CCP Central Committee’s Guidelines on stepping up the United Front work in the private sector for the new era: www.gov.cn/zhengce/2020-09/15/content_5543685.htm (accessed on 30 April 2024).
Financial Times (2020) – Chinese Communist Party asserts greater control over private enterprise: https://on.ft.com/3mYxP4j (accessed on 30 April 2024).
See the following: http://www.lomonbillions.com/newsinfo/10911/32246; https://www.sohu.com/a/293150452_698242; https://vip.stock.finance.sina.com.cn/corp/view/vCI_CorpManagerInfo.php?stockid=002601&Pcode=30749532&Name=%D5%C5%B8%D5 (accessed on 30 April 2024).
See the company’s 2023 Annual Report, p. 50.
See the company’s 2023 Annual Report, p. 33 and following.
See http://www.lomonbillions.com/newsinfo/10911/13846 (accessed on 30 April 2024).
Updated Report – Chapter 14, Sections 14.1 to 14.3.
Updated Report – Chapter 4, p. 56-57, 99-100.
See http://www.xinhuanet.com/2021-03/13/c_1127205564.htm – Section III.8.3 (accessed on 30 April 2024).
See https://www.miit.gov.cn/zwgk/zcwj/wjfb/yj/art/2022/art_4ef438217a4548cb98c2d7f4f091d72e.html – First section, General Requirements (accessed on 30 April 2024).
Ibid. – First section, Main Objectives.
Ibid. – Second section, Improve the level of innovation and development.
For the sulfuric acid process method, see the 2024 Guidance Catalogue, p. 88 (in force as of 1 February 2024) available at https://www.ndrc.gov.cn/xxgk/zcfb/fzggwl/202312/P020231229700886191069.pdf (accessed on 30 April 2024). The method was listed as restricted in the 2019 Guidance Catalogue, p. 84, as well. For the chloride process method, see the 2019 Guidance Catalogue, p. 15 (in force until 31 January 2024), available at https://www.gov.cn/xinwen/2019-11/06/5449193/files/26c9d25f713f4ed5b8dc51ae40ef37af.pdf (accessed on 30 April 2024).
Available at: http://gxt.jiangsu.gov.cn/art/2021/8/25/art_83673_10000511.html (accessed on 30 April 2024).
Ibid.
Ibid.
See https://www.shenqiu.gov.cn/p_detail_12649.html – Section II.2.5 (accessed on 30 April 2024).
See https://www.sc.gov.cn/10462/10464/10797/2021/12/8/74e1f8013f874f5c9e2f2a2aafd4141b.shtml (accessed on 30 April 2024).
See https://h5.drcnet.com.cn/docview.aspx?version=integrated&docid=6718774&leafid=3046&chnid=1024 (accessed on 30 April 2024).
See https://www.cxz.gov.cn/info/egovinfo/1001/xxgkxt_content/115323000151673132-/2022-06110032.htm – Section II.2 (accessed on 30 April 2024).
Ibid. – Section II.2.4.
Other titanium related products are unforged titanium sponge, other unwrought titanium, titanium powder and titanium waste and scrap. See the Catalogue of Goods Subject to Export Licensing, p. 17, published annually by MOFCOM and available at http://images.mofcom.gov.cn/wms/202212/20221230211147281.pdf (accessed on 30 April 2024).
Updated Report – Chapter 12, p. 343-344.
See https://hd.chinatax.gov.cn/nszx2023/cktslcx2023.html (accessed on 30 April 2024).
Updated Report – Chapter 6, p. 171-179.
Updated Report – Chapter 9, p. 260-261.
Updated Report – Chapter 9, p. 257-260.
Updated Report – Chapter 9, p. 252-254.
Updated Report – Chapter 13, p. 360-361, 364-370.
Updated Report – Chapter 13, p. 366.
Updated Report – Chapter 13, p. 370-373.
Updated Report – Chapter 6, p. 137-140.
Updated Report – Chapter 6, p. 146-149.
See https://www.gov.cn/zhengce/zhengceku/2021- 12/29/5665166/files/90c1c79a00b44c67b59c29392476c862.pdf – Section IV(III) (accessed on 30 April 2024).
See https://www.miit.gov.cn/zwgk/zcwj/wjfb/yj/art/2022/art_4ef438217a4548cb98c2d7f4f091d72e.html – Eighth section, Strengthen organizational safeguards (accessed on 30 April 2024).
Updated Report – Chapter 6, p. 149.
See official policy document of the China Banking and Insurance Regulatory Commission of 28 August 2020: Three-year action plan for improving corporate governance of the banking and insurance sectors (2020-2022): http://www.cbirc.gov.cn/cn/view/pages/ItemDetail.html?docId=925393&itemId=928 (accessed on 30 April 2024). The Plan instructs to ‘further implement the spirit embodied in General Secretary Xi Jinping’s keynote speech on advancing the reform of corporate governance of the financial sector’. Moreover, the Plan’s section II aims at promoting the organic integration of the Party’s leadership into corporate governance: ‘we shall make the integration of the Party’s leadership into corporate governance more systematic, standardised and procedure-based […] Major operational and management issues must have been discussed by the Party Committee before being decided upon by the Board of Directors or the senior management’.
See CBIRC’s Notice on the Commercial banks performance evaluation method, issued on 15 December 2020: http://jrs.mof.gov.cn/gongzuotongzhi/202101/t20210104_3638904.htm (accessed on 30 April 2024).
Updated Report – Chapter 6, p. 157-158.
Updated Report – Chapter 6, p. 150-152, 156-160, 165-171.
OECD (2019), OECD Economic Surveys: China 2019, OECD Publishing, Paris. p. 29, available at:
https://doi.org/10.1787/eco_surveys-chn-2019-en (accessed on 30 April 2024).
http://www.gov.cn/xinwen/2020-04/20/content_5504241.htm (accessed on 30 April 2024).
World Bank Open Data – Upper Middle Income, https://data.worldbank.org/income-level/upper-middle-income.
Regulation (EU) 2015/755 of the European Parliament and of the Council of 29 April 2015 on common rules for imports from certain third countries (OJ L 123, 19.5.2015, p. 33).
In the zirconyl chloride price, the Commission included zirconium chloride oxides and other chloride oxides, as the import prices of zirconium chloride oxides separately were not representative.
Article 2(7) of the basic Regulation considers that domestic prices in those countries cannot be used for the purpose of determining normal value.
https://www1.eere.energy.gov/manufacturing/tech_assistance/pdfs/steam15_benchmark.pdf (last accessed on 22 April 2024). The methodology refers to the cost of saturated steam for typical values of operating pressure and feedwater temperature. In the application of the methodology, an average of these typical values was used.
Recital (352) of Commission Implementing Regulation (EU) 2020/1336 of 25 September 2020 imposing definitive anti-dumping duties on imports of certain polyvinyl alcohols originating in the People’s Republic of China (OJ L 315, 29.9.2020, p. 1).
Commission Implementing Decision (EU) 2016/176 of 9 February 2016 terminating the anti-dumping proceeding concerning imports of tartaric acid originating in the People’s Republic of China and produced by Hangzhou Bioking Biochemical Engineering Co. Ltd (OJ L 33, 10.2.2016, p. 14).
Ibid., recitals (140) and (141).
Venator Press Release, ‘Venator Announces Transformative Business Plan and Intends to Shut Down TiO2 Production in Duisburg, Germany’, 1 February 2024, available at: https://www.venatorcorp.com/%7E/media/Files/V/Venator/press-releases/press-release-fv-eng.pdf (last visited on 29 May 2024).
TZMI report November 2021, available upon subscription.
Commission Decision of 27 June 2012 terminating the anti-dumping proceeding concerning imports of certain concentrated soy protein products originating in the People’s Republic of China (OJ L 168, 28.6.2012, p. 38).
Ibid., recitals (129)–(139).
Commission Regulation (EU) 2022/63 of 14 January 2022 amending Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council as regards the food additive titanium dioxide (E 171) (OJ L 11, 18.1.2022, p. 1).
See, for example, Unaudited Business Report of Cinkarne Celje in the period January-September 2023, p. 16, available at: https://www.cinkarna.si/uploads/Objave/2023/Unaudited_Business_Report_Of_Cinkarne_Celje_for_The_Period_Jan_Sep_2023.pdf (last visited on 28 May 2024); Consolidated quarterly report of the Grupa Azoty Zakłady Chemiczne Police Group for Q1 2023, p. 56, available at: https://zchpolice.grupaazoty.com/upload/4/files/2023/Grupa_Azoty_Police_Skonsolidowany_Raport_za%20_I_kwartal_2023_clean.docx_f....pdf (last visited on 28 May 2024); Consolidated quarterly report of the Grupa Azoty Zakłady Chemiczne Police Group for Q3 2023, p. 58, available at: https://zchpolice.grupaazoty.com/upload/4/files/2023/IR/3Q/EN/Grupa_Azoty_Police_Skonsolidowany_Raport_za%20_III_kwartal_2023.docx_clean....pdf (last visited on 28 May 2024).
Commission Implementing Regulation (EU) 2023/2659 of 27 November 2023 imposing a provisional anti-dumping duty on imports of certain polyethylene terephthalate originating in People’s Republic of China (OJ L, 2023/2659, 28.11.2023, ELI: http://data.europa.eu/eli/reg_impl/2023/2659/oj), recital 275.
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).
The Commission calculated a proxy profitability for the TiO2-related business segment on the basis of the difference between Flint’s reported cost of production and revenue of the products containing TiO2. The Commission then simulated the increase in those costs of production by increasing the value of TiO2 sourced from China by the average anti-dumping margin and calculated a new proxy profit on that basis. The percentage difference of the two proxy profits was applied to the actual reported profitability in TiO2 segment of the business to estimate the impact of the duties on the profit.
ANNEX
People’s Republic of China’s cooperating exporting producers not sampled
| Country | Name | TARIC additional code |
|---|---|---|
| People’s Republic of China | ANHUI ANNADA TITANIUM INDUSTRY CO., LTD. | 89CO |
| People’s Republic of China | CITIC TITANIUM INDUSTRY CO., LTD. | 89CP |
| People’s Republic of China | Chongqing Titanium Industry Co., Ltd. of Pangang Group | 89CQ |
| People’s Republic of China | GUANGXI BLUESTAR DAHUA CHEMICAL CO., LTD. | 89CR |
| People’s Republic of China | GUANGXI JINMAO TITANIUM CO., LTD | 89CS |
| People’s Republic of China | GUANGDONG HUIYUN TITANIUM INDUSTRY CORPORATION LIMITED | 89CT |
| People’s Republic of China | Guangfeng Titanium Co., Ltd. | 89CU |
| People’s Republic of China | Hebei Milson Titanium Dioxide Co., Ltd | 89CV |
| People’s Republic of China | Jinan Yuxing Chemical Co., Ltd | 89CW |
| People’s Republic of China | KUNMING DONGHAO TITANIUM CO., LTD. | 89CX |
| People’s Republic of China | Nanjing Titanium Dioxide Chemical Co., Ltd. | 89CY |
| People’s Republic of China | NINGBO XINFU TITANIUM DIOXIDE CO., LTD | 89CZ |
| People’s Republic of China | PANZHIHUA DARUI TECHNOLOGY CO., LTD. | 89DA |
| People’s Republic of China | PANZHIHUA DONGFANG TITANIUM INDUSTRY CO., LTD. | 89DB |
| People’s Republic of China | PANZHIHUA KAIHAO TECHNOLOGY CO., LTD. | 89DC |
| People’s Republic of China | Pangang Group Titanium Industry Co., Ltd | 89DD |
| People’s Republic of China | SHANDONG XIANGHAI TITANIUM CO., LTD. | 89DE |
| People’s Republic of China | SHANDONG DAWN TITANIUM INDUSTRY CO., LTD. | 89DF |
| People’s Republic of China | SHANDONG DOGUIDE GROUP CO., LTD. | 89DG |
| People’s Republic of China | SHANDONG JINHAI TITANIUM RESOURCES TECHNOLOGY CO., LTD. | 89DH |
| People’s Republic of China | Xuzhou Titanium Dioxide Chemical Co., Ltd. | 89DI |
| People’s Republic of China | Yibin Tianyuan Haifeng Hetai Co., Ltd | 89DJ |
| People’s Republic of China | YUNNAN DAHUTONG TITANIUM INDUSTRY CO., LTD | 89DK |
ELI: http://data.europa.eu/eli/reg_impl/2024/1923/oj
ISSN 1977-0677 (electronic edition)
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