Commission Implementing Regulation (EU) 2024/2714 of 24 October 2024 making imports of epoxy resins originating in the People’s Republic of China, the Republic of Korea, Taiwan and Thailand subject to registration

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union ¹ (‘the basic Regulation’) and in particular Article 14(5) thereof,

After informing the Member States,

Whereas:

• (1) On 1 July 2024, the European Commission (‘the Commission’) announced, by a notice published in the Official Journal of the European Union ², the initiation of an anti-dumping proceeding with regard to imports into the Union of epoxy resins originating in the People’s Republic of China, the Republic of Korea, Taiwan and Thailand.

• (2) This initiation followed a complaint lodged on 6 June 2024 by the Ad Hoc Coalition of Epoxy Resin producers on behalf of producers representing more than 25 % of the total Union production of epoxy resins.

1. PRODUCT SUBJECT TO REGISTRATION

• (3) The product subject to registration (‘the product concerned’) is products containing more than 35 % by weight of epoxy resins, also known as epoxide resins or polyepoxides, which are polymers or prepolymers containing reactive epoxy groups, based on epichlorohydrin and an aliphatic or aromatic alcoholic component (such as BPA), in solid, semi-solid or liquid forms, having all types of grade, purity, molecule weight or molecular structure, whether or not containing modifiers, curing agents, or additives, so long as the curing agents have not chemically reacted so as to cure the epoxy resin or convert it into a different product no longer containing epoxy groups.

• (4) The following products are excluded:

• — Certain paint and coating products, which are blends, mixtures, or other formulations of epoxy resin, curing agent, and pigment, in any form, packaged in one or more containers, wherein (1) the pigment represents a minimum of 10 percent of the total weight of the product, (2) the epoxy resin represents a maximum of 80 percent of the total weight of the product, and (3) the curing agent represents 5 to 40 percent of the total weight of the product.

• — Pre-impregnated fabrics or fibres, often referred to as ‘pre-pregs’, which are composite materials consisting of fabrics or fibres (typically carbon or glass) impregnated with epoxy resin.

• — Blends of epoxy resins with other materials, currently classified under CN codes other than 2910 90 00 , 3824 99 92 , 3824 99 93 , and 3907 30 00 .

• (5) The product concerned is currently classified under CN codes ex 2910 90 00 , ex 3824 99 92 , ex 3824 99 93 , and ex 3907 30 00 (TARIC codes 2910 90 00 05, 3824 99 92 96, 3824 99 93 10, 3907 30 00 05, 3907 30 00 20, and 3907 30 00 80). The CN and TARIC codes are given for information only and without prejudice to a subsequent change in the tariff classification.

2. REGISTRATION

• (6) Under Article 14(5) of the basic Regulation imports of the product concerned may be made subject to registration for the purpose of ensuring that, if the investigation results in the imposition of anti-dumping duties, those duties can, if the necessary conditions are fulfilled, be levied retroactively on the registered imports in accordance with the applicable legal provisions.

• (7) The Commission has decided to make imports of the product concerned subject to registration on its own initiative under Article 14(5) of the basic Regulation. The conditions for retroactive collection of duties will be assessed in the regulation imposing definitive duties if any.

• (8) Any future liability would emanate from the findings of the investigation.

• (9) With regard to imports from the People’s Republic of China, the allegations in the complaint requesting the initiation of an anti-dumping investigation estimate dumping margins from 140 % to 170 % and an average injury elimination level of between 50 % and 60 % for the product concerned from October 2022 to September 2023.

• (10) The amount of possible future liability would normally be set at the lower of those two levels according to Article 7(2) of the basic Regulation. If, during the investigation, the Commission finds evidence of raw material distortions pursuant to Article 7(2a) of the basic Regulation, the amount of possible future liability would be set at the level of the dumping margin as provided for in Article 7(2b) of the basic Regulation if it is concluded that a duty lower than the margin of dumping would not be sufficient to remove the injury suffered by the Union industry.

• (11) With regard to imports from the Republic of Korea, the complaint provides estimated dumping margins from 10 % to 40 % and an average injury elimination level of between 40 % and 50 % for the product concerned from October 2022 to September 2023.

• (12) With regard to imports from Taiwan, the complaint provides estimated dumping margins from 10 % to 40 % and an average injury elimination level of between 50 % and 60 % for the product concerned from October 2022 to September 2023.

• (13) With regard to imports from Thailand, the complaint provides estimated dumping margins from 60 % to 90 % and an average injury elimination level of between 40 % and 50 % for the product concerned from October 2022 to September 2023.

• (14) The amount of possible future liability concerning the Republic of Korea, Taiwan and Thailand would normally be set at the lower of those two levels according to Article 7(2) of the basic Regulation.

3. PROCESSING OF PERSONAL DATA

• (15) Any personal data collected in the context of this registration will be treated in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council ³,

HAS ADOPTED THIS REGULATION:

Article 1

The customs authorities are hereby directed, under Article 14(5) of Regulation (EU) 2016/1036, to take the appropriate steps to register imports into the Union of products containing more than 35 % by weight of epoxy resins, also known as epoxide resins or polyepoxides, which are polymers or prepolymers containing reactive epoxy groups, based on epichlorohydrin and an aliphatic or aromatic alcoholic component (such as BPA), in solid, semi-solid or liquid forms, having all types of grade, purity, molecule weight or molecular structure, whether or not containing modifiers, curing agents, or additives, so long as the curing agents have not chemically reacted so as to cure the epoxy resin or convert it into a different product no longer containing epoxy groups, currently classified under CN codes ex 2910 90 00 , ex 3824 99 92 , ex 3824 99 93 , and ex 3907 30 00 (TARIC codes 2910 90 00 05, 3824 99 92 96, 3824 99 93 10, 3907 30 00 05, 3907 30 00 20, and 3907 30 00 80), and originating in the People’s Republic of China, the Republic of Korea, Taiwan and Thailand.

The following products are excluded from the product described in Article 1(1):

• — Certain paint and coating products, which are blends, mixtures, or other formulations of epoxy resin, curing agent, and pigment, in any form, packaged in one or more containers, wherein (1) the pigment represents a minimum of 10 percent of the total weight of the product, (2) the epoxy resin represents a maximum of 80 percent of the total weight of the product, and (3) the curing agent represents 5 to 40 percent of the total weight of the product.

• — Pre-impregnated fabrics or fibres, often referred to as ‘pre-pregs’, which are composite materials consisting of fabrics or fibres (typically carbon or glass) impregnated with epoxy resin.

• — Blends of epoxy resins with other materials, currently classified under CN codes other than 2910 90 00 , 3824 99 92 , 3824 99 93 , and 3907 30 00 .

Registration shall expire nine months following the date of entry into force of this Regulation.

Article 2

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 24 October 2024.

For the Commission

The President

Ursula VON DER LEYEN

ELI: http://data.europa.eu/eli/reg_impl/2024/2714/oj

ISSN 1977-0677 (electronic edition)