Commission Implementing Regulation (EU) 2025/4 of 17 December 2024 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of titanium dioxide originating in the People’s Republic of China

(538) The Commission thus considered that the imposition of duties in the form of specific duties will soften the impact of the duties on the users as, in a rising market, the share of duties in the total price of Chinese TiO2 will be less than if duties are imposed as ad valorem duties. In particular, the Commission’s estimates have shown that, already on the basis of the investigation period data collected from the users, measures in the form of specific duties would soften the impact on the investigation period profitability of the decor paper and white inks producers by between 0,2 and 0,5 percentage points, all other things remaining equal.

(539) Furthermore, users of very specialised TiO2 grades, such as those imported by AAKO, the price of which is several orders of magnitude higher than the more commonly used grades, will thus be minimally impacted by the measures.

(540) At the same time, the level of duties would allow the Union industry to recover from the effects of injurious dumping in the context of rising demand and prices and decreasing raw material costs (68). The Commission thus concluded that in view of the specific circumstances of this case imposing measures in the form of specific duties will strike a proper balance between the interest of the users and the Union industry’s need for protection from dumped imports.

(542) 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 in respect to these companies. These duty rates are thus exclusively applicable to imports of the product under investigation originating in the country concerned and produced by the named legal entities.

(543) In their comments on final disclosure, LB Group suggested that it would be more appropriate to set separate specific duties for sulphate process TiO2 and for chloride process TiO2, due to the traditional price differences between the two.

(544) The Commission reminded in that regard that, as already elaborated in recitals (67) to (71) of the provisional Regulation, and confirmed in recitals (81) to (84) above, the Commission rejected the request to conduct separate injury and causation analyses for the products coming from the two production processes. This would have been a prerequisite for calculating individual anti-dumping duties for sulphate process TiO2 and for chloride process TiO22.

(545) In absence of new evidence to contest that conclusion, the Commission rejected LB Group’s request to set separate specific duties for sulphate process TiO2 and for chloride process TiO2.

(546) In their comments on final disclosure, the complainant, while it did not contest the Commission’s decision on proposed form of duties, requested that to insert a clause in the final Regulation to allow for a revision of the form of the duty in case the fixed duty becomes largely inefficient to counteract the dumping practices, to allow for an immediate review.

(547) The Commission noted in that regard that such a clause would be redundant. In case that the complainant or any other party would find that the anti-dumping duties become inadequate to counteract the dumping practices (regardless of whether they would be expressed as ad valorem or specific duties), they can bring forward a request for an interim review provided that the conditions under Article 11(3) of the basic Regulation are met.

(548) Imports of the product concerned manufactured by any other company not specifically mentioned in the operative part of this Regulation, including entities related to those specifically mentioned, cannot benefit from these rates and should be subject to the duty rate applicable to ‘all other imports originating in the People’s Republic of China’.

(549) 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 (69). 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.

(550) 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 application of individual anti-dumping duties is only applicable upon presentation of 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. Until such invoice is presented, imports should be subject to the anti-dumping duty applicable to ‘all other imports originating in the People’s Republic of China’.

(551) 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.

(552) 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.

(553) To ensure a proper enforcement of the anti-dumping duties, the anti-dumping duty for all other imports originating in the People’s Republic of China 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.

(554) 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.

(555) Following final disclosure, the complainant requested the Commission to insert a clause in the final Regulation. The requested clause would enable monitoring of TiO2 imports originating from Anhui Gold Star, which would allow to compare the volume annually imported from this company into the Union with the maximum capacity reported in its questionnaire’s response. It is noted in this respect that based on the additional TARIC code assigned to Anhui Gold Star group, and as part of the monitoring activities, the Commission will be in the position to observe volumes entering the Union from this exporter and assess a need for any follow-on actions accordingly.

(556) Plastika Kritis argued that provisional duties should not be collected in this case. They claimed that, due to Houtis’ attacks disrupting the shipping routes through the Red Sea, many cargoes ordered in February/March and shipped in April or May have not arrived to port of destination yet.

(557) At the same time, many users of TiO2 provided offers and signed contracts with their customers at fixed prices and will have to absorb all the losses associated with the anti-dumping duties. They thus claim that no duties should be collected on shipments of TiO2 that have been shipped prior to the registration date.

(558) The Commission noted in that regard that the users should have been aware of the possibility that anti-dumping duties will be imposed at least from the moment of publication of the Notice of Initiation.

(559) 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.

(560) In their comments on final disclosure, Flint claimed that it is not clear from the text of final disclosure whether the end-use exemption will also apply to the provisional anti-dumping duties imposed in the provisional Regulation. Following the conclusions in recitals (459) to (527) above, the Commission confirmed that titanium dioxide imported for the production of white inks for printing, should be relieved from provisional duties, provided that the conditions to benefit from the end-use procedure are met.

(561) In its comments on final disclosure, Plastika Kritis requested that no duty be collected on TiO2 that has been shipped from China before the registration date in June 2024, the shipping date of which could be proven by the relevant bill of lading. Plastika Kritis claimed that collection of duties starting from 12 July 2024 is causing significant losses to TiO2 users who have ordered TiO2 before the registration date, claiming that in that point in time “no one could imagine that this unreasonable duty would be implemented.”

(562) The Commission pointed out in that regard that the basic Regulation does not provide for the possibility to base the collection of duties on the date of shipping of the product concerned from the country of investigation. Furthermore, the Notice of Initiation in this case was published on 13 November 2023, with timelines of the case laid out therein. From that moment on, the users at least could have been aware of a possibility that provisional duties will be adopted. The Commission thus rejected this request.

(563) As mentioned in section 1.2. above, the Commission made imports of the product under investigation subject to registration.

(564) As set out in recital (456) of the provisional Regulation, the Commission could not take a decision on a possible retroactive application of anti-dumping measures at that stage of the investigation. Therefore, the Commission has to decide, in line with Article 10(4) of the basic Regulation, whether definitive anti-dumping measures shall be retroactively collected on imports during the period of registration.

(565) Five users and ASEFAPI made several submissions opposing registration from the moment the complainant requested it. Several smaller paint producers registered as interested parties after registration, and five of them submitted comments opposing the registration of imports. All interested parties who submitted comments after the provisional Regulation pleaded against the retroactive collection of duties. The complainant argued that they should be collected.

(566) During the definitive stage of the investigation, the data collected in the context of the registration was assessed. The Commission analysed whether the criteria under Article 10(4) of the basic Regulation were met for the retroactive collection of definitive duties.

(567) The criteria for whether duties can be collected during the period of registration are set out in Article 10(4) of the basic Regulation.

(568) The condition in Article 10(4)(a) of the basic Regulation is fulfilled as imports were registered in accordance with Article 14(5) of the basic Regulation.

(569) The importers have been given an opportunity for comment in accordance Article 10(4)(b) of the basic Regulation following the publication of the registration Regulation as well as the publication of the provisional Regulation.

(570) Several interested parties expressed their opposition to the registration.

(571) The parties claimed that, since the Union TiO2 production is insufficient to meet Union demand, the users have no alternative but to import.

(572) The Commission pointed out in that regard that the mere fact of importing products is not a criterion on which the decision to register imports rested. Instead, the Commission assessed whether there was a further substantial rise in imports which was likely to undermine the remedial effect of the duty. The Commission assessed the evolution of import volumes in recital (575) below.

(573) Pursuant to Article 10(4)(c) of the basic Regulation, there needs to be ‘a history of dumping over an extended period, or the importer was aware of, or should have been aware of, the dumping as regards the extent of the dumping and the injury alleged or found’. In the present case, the Commission considers that the importers were aware, or should have been aware of, the dumping as regards the extent of the dumping and the injury alleged or found since the date of initiation of the investigation, for the reasons explained in recitals (8) to (11) of the registration Regulation.

(574) Furthermore, pursuant to Article 10(4)(d) of the basic Regulation, there needs to be ‘a further substantial rise in imports in addition to the level of imports which caused injury during the investigation period’ that in light of its timing and volume and other circumstances are likely to serious undermine the remedial effect of the definitive duties.

(576) When comparing either of the periods (B1 or B2) with the whole investigation period, average import volumes from China have increased, by around 30 % while the prices decreased by around –2,7 %.

(578) The above comparison shows that average monthly imports from China have increased after the initiation of the case, that is by 17 % until provisional measures and, more importantly, by 25 % considering the first full month following publication of the notice of initiation of investigation and the last full month preceding the imposition of provisional measures.

(579) However, based on estimates provided by the Union industry, the consumption in the Union increased with a similar trend, that is by approximately 25 %. Consequently, the increase in imports was in line with the trend in consumption. This is further corroborated by the fact that a number of Union producers reported increase in sales volumes during the post investigation period.

(580) Several parties also claimed that it cannot be considered that there was a massive increase in imports after the initiation of the case but rather that any observed increase is in line with previous trends, i.e., expected uptick in demand after the bottom in the cycle.

(581) Based on the above analysis, the Commission concluded that there was no sufficient evidence that the rise in imports exceeded the increase in demand during the post investigation period. No evidence of stockpiling by the importers was found by or presented to the Commission. Moreover, the Commission noted that, as shown in table 2 above, in the post IP period, the average import price decreased, irrespective of the type of periods considered, and even when seasonality is taken into account. However, the decrease was in line with decrease in cost of production estimated by the Union industry for the post IP period. In view of the foregoing the Commission could not conclude that the rise of imports was likely to seriously undermine the remedial effect of the definitive anti-dumping duty to be applied, within the meaning of Article 10(4)(d) of the basic regulation.

(582) Consequently, the Commission concluded that the conditions for retroactive collection are not met.

(583) In view of Article 109 of Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council (71), when an amount is to be reimbursed following a judgment of the Court of Justice of the European Union or as a result of an amicable settlement, the interest rate shall 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. The interest rate shall not be negative. The interest shall run from the date of payment of the amount to be reimbursed until the date at which the reimbursement is due.

(584) The Committee established by Article 15(1) of the basic Regulation did not deliver an opinion,

HAS ADOPTED THIS REGULATION:

Article 1

Article 2

The product described in Article 1(1) shall be exempted from definitive anti-dumping duty if it is imported for use in the production of white graphic inks for printing.

This exemption shall be subject to the conditions laid down in the customs provisions of the Union on the end-use procedure, in particular Article 254 of Regulation (EU) No 952/2013 of the European Parliament and of the Council (73) (the Union Customs Code).

Article 3

Article 4

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 October 2022 to 30 September 2023);

(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 5

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, 17 December 2024.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 176, 30.6.2016, p. 21, ELI: http://data.europa.eu/eli/reg/2016/1036/oj.

(2) 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).

(3) 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).

(4) Notice of initiation of an anti-dumping proceeding concerning imports of decor paper originating in the People’s Republic of China, (OJ C, C/2024/3695, 14.6.2024, ELI: http://data.europa.eu/eli/C/2024/3695/oj).

(5) Commission 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 (OJ L, 2024/1923, 11.7.2024, ELI: http://data.europa.eu/eli/reg_impl/2024/1923/oj).

(6) See for instance judgments of 13 September 2010, Whirlpool Europe v Council, T-314/06, ECLI:EU:T:2010:390, paragraph 138, and of 17 December 2010, EWRIA and Others v Commission, T-369/08, ECLI:EU:T:2010:549, paragraph 82.

(7) See, to that effect, judgments of 17 March 2016, Portmeirion Group, C-232/14, ECLI:EU:C:2016:180, paragraphs 46 and 47, and of 10 October 2012, Gem-Year and Jinn-Well Auto-Parts (Zhejiang) v Council, T-172/09, ECLI:EU:T:2012:532, paragraph 62.

(8) See judgment of 18 November 2014, Photo USA Electronic Graphic v Council, T-394/13, ECLI:EU:T:2014:964, paragraph 30.

(9) See, to that effect, judgments of 18 November 2014, Photo USA Electronic Graphic v Council, T-394/13, ECLI:EU:T:2014:964, paragraph 31, and of 28 February 2017, JingAo Solar and Others v Council, T-157/14, ECLI:EU:T:2017:127, paragraph 112 and the case-law cited.

(10) Judgments of 28 February 2017, JingAo Solar and Others v Council, T-157/14, ECLI:EU:T:2017:127, paragraph 100, and of 28 February 2017, Canadian Solar Emea and Others v Council, T-162/14, ECLI:EU:T:2017:124, paragraph 99.

(11) Commission Regulation (EU) No 231/2012 of 9 March 2012 laying down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council, OJ L 83, 22.3.2012, p. 1, ELI: http://data.europa.eu/eli/reg/2012/231/oj.

(12) Commission Regulation (EU) No 231/2012.

(13) Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (recast) (OJ L 342, 22.12.2009, p. 59, ELI: http://data.europa.eu/eli/reg/2009/1223/oj); and Commission Regulation (EU) 2021/850 of 26 May 2021 amending and correcting Annex II and amending Annexes III, IV and VI to Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products (OJ L188, 28.5.2021, p. 44, ELI: http://data.europa.eu/eli/reg/2021/850/oj).

(14) Recital (51) of the provisional Regulation.

(15) Recital (51) of the provisional Regulation.

(16) Council Regulation (EC) No 319/2009 of 16 April 2009 clarifying the scope of the definitive anti-dumping duties imposed by Regulation (EC) No 85/2006 on imports of farmed salmon originating in Norway, OJ L 101, 21.4.2009, p. 1, ELI: http://data.europa.eu/eli/reg/2009/319/oj, recital 18.

(17) Council Regulation (EC) No 950/2001 of 14 May 2001 imposing a definitive anti-dumping duty on imports of certain aluminium foil originating in the People’s Republic of China and Russia, OJ L 134, 17.5.2001, p. 1, ELI: http://data.europa.eu/eli/reg/2001/950/oj, recital 14.

(18) Judgment of 26 October 2016, PT Musim Mas v Council, C-468/15 P, ECLI:EU:C:2016:803, para. 85.

(19) Judgment of the General Court of 25 June 2015, PT Musim Mas v Council of the European Union, Case T-26/12, ECLI:EU:T:2015:437, para. 84.

(20) Recital 35 to Commission Implementing Regulation (EU) No 904/2014 of 20 August 2014 imposing a provisional anti-dumping duty on imports of monosodium glutamate originating in Indonesia, OJ L 246, 21.8.2014, p. 1; recital 47 to Commission Regulation (EC) No 390/2007 of 11 April 2007 imposing a provisional anti-dumping duty on imports of peroxosulphates (persulphates) originating in the United States of America, the People’s Republic of China and Taiwan, OJ L 97, 12.4.2007, p. 6.

(21) See judgement of 08 May 2024, Çolakoğlu Metalurji and Çolakoğlu Dış Ticaret v Commission, T-630/21, ECLI:EU:T:2024:304, para. 97.

(22) See judgement of 08 May 2024, Çolakoğlu Metalurji and Çolakoğlu Dış Ticaret v Commission, T-630/21, ECLI:EU:T:2024:304, para. 96.

(23) See judgement of 08 May 2024, Çolakoğlu Metalurji and Çolakoğlu Dış Ticaret v Commission, T-630/21, ECLI:EU:T:2024:304, para. 95.

(24) CNCIA referred to Commission Implementing Regulation (EU) 2024/1915 of 11 July 2024 imposing a provisional anti-dumping duty on imports of mobile access equipment originating in the People’s Republic of China and to Commission Implementing Regulation (EU) 2024/1866 of 3 July 2024 imposing a provisional countervailing duty on imports of new battery electric vehicles designed for the transport of persons originating in the People’s Republic of China.

(25) See, for example, recitals (370) and (371) of Commission Implementing Regulation (EU) 2024/1064 of 9 April 2024 imposing a provisional anti-dumping duty on imports of certain alkyl phosphate esters originating in the People’s Republic of China, OJ L, 2024/1064, 10.4.2024, ELI: http://data.europa.eu/eli/reg_impl/2024/1064/oj.

(26) Judgment of 10 April 2019, Jindal Saw v Commission, T-301/16, ECLI:EU:T:2019:234, paras. 165-190; judgment of 27 April 2022, Giant v Commission, T-242/19, ECLI:EU:T:2022:259, paras. 62-95, 122; judgment of 4 May 2022, CRIA and CCCMC v Commission, T-30/19 and T-72/19, ECLI:EU:T:2022:266, paras. 108, 125-154.

(27) Appellate Body Report, China – GOES, WT/DS414/AB/R, paras. 138 and 141.

(28) Recitals (298), (299), (325) and (328) of the provisional Regulation.

(29) Recital (320) of the provisional Regulation.

(30) Recital (355) of the provisional Regulation.

(31) Recital (357) of the provisional Regulation.

(32) Recital (355) of the provisional Regulation.

(33) I.e., TZMI report referred to in recital (350) of the provisional Regulation.

(34) Recital (358) of the provisional Regulation.

(35) Recitals (351) and (356) of the provisional Regulation.

(36) Recital (357) of the provisional Regulation.

(37) Mother company of one of the sampled Union producers, Tronox Pigments Holland B.V. (‘Tronox’).

(38) Mother company of another sampled Union producer, Kronos Titan GmbH (‘Kronos’).

(39) EBITDA margin is a profitability ratio that measures how much in earnings a company is generating before interest, taxes, depreciation, and amortization, as a percentage of revenue.

(40) E.g., 21,8 % of Tronox global revenue in Q1 2024 came from products other than TiO2 (see Tronox’ summary of select financial results for Q1 2024, available at: https://www.tronox.com/tronox-reports-first-quarter-2024-financial-results/, last visited on 24 September 2024).

(41) Tronox financial report for Q1 2024, available at: https://www.prnewswire.com/news-releases/tronox-reports-first-quarter-2024-financial-results-302133675.html (last visited on 24 September 2024).

(42) Available at: https://kronosworldwideinc.gcs-web.com/news-releases/news-release-details/kronos-worldwide-inc-reports-second-quarter-2024-results (last visited on 24 September 2024).

(43) Consolidated half-year report available here: https://zchpolice.grupaazoty.com/en/investor-relations/periodic-reports#item5903 (last visited on 24 September 2024).

(44) Unaudited report available at: https://seonet.ljse.si/?doc_id=90449, last visited on 24 September 2024.

(45) See judgment of 17 December 2008, HEG and Graphite India v Council, T-462/04, ECLI:EU:T:2008:586, para. 67.

(46) See recitals (307), (325), (339)

(47) Commission Implementing Regulation (EU) 2024/2754 of 29 October 2024 imposing a definitive countervailing duty on imports of new battery electric vehicles designed for the transport of persons originating in the People’s Republic of China (OJ L, 2024/2754, 29.10.2024, ELI: http://data.europa.eu/eli/reg_impl/2024/2754/oj)

(48) 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).

(49) Cases C-260/85 and C-106/86, TEC v. Council, ECLI:EU:C:1988 465, para 47.

(50) 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).

(51) Appellate Body Report, HP – STT (Japan), para 5.155.

(52) 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 – 101, ELI: http://data.europa.eu/eli/reg/2013/952/oj.

(53) Which was established, among others, on the basis of the verified questionnaire response from Schulman Plastics.

(54) Taking, for the purposes of this analysis of spare capacities, the conservative assumptions that the other, much smaller, production plant in Central and South American region was operating at full capacity and only servicing its domestic market.

(55) Under the assumption that all such additional Mexican production would go to the Union.

(56) Whereas if the analysis had simulated also the decreased costs associated with switching to other, cheaper grades, the estimated impact could have been even less pronounced.

(57) Notice of initiation published on 14.6.2024, OJ C, C/2024/3695, 14.6.2024, ELI: http://data.europa.eu/eli/C/2024/3695/oj.

(58) Available at: https://www.in.gov.br/web/dou/-/circular-n-54-de-8-de-outubro-de-2024-589436706 (last visited on 13 November 2024).

(59) Specifically in their comments on provisional Regulation when they made their own estimates of supply-demand gap for laminate-grade TiO2.

(60) 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, 29/09/2020, p. 1, ELI: http://data.europa.eu/eli/reg_impl/2020/1336/oj), recital (623).

(61) Flint refers to Article 2(2) of Commission Implementing Regulation (EU) 2021/1784 of 8 October 2021 imposing a definitive anti-dumping duty on imports of aluminium flat-rolled products originating in the People’s Republic of China (OJ L 359, 11.10.2021, p. 6), read together with recital (87) to Commission Implementing Regulation (EU) 2021/582 of 9 April 2021 imposing a provisional anti-dumping duty on imports of aluminium flat-rolled products originating in the People’s Republic of China (OJ L 124, 12.4.2021, p. 40).

(62) Commission Decision of 10.9.2014 in Case M.7061 – HUNTSMAN CORPORATION / EQUITY INTERESTS HELD BY ROCKWOOD HOLDINGS, available at: https://ec.europa.eu/competition/mergers/cases/decisions/m7061_20140910_20600_4133655_EN.pdf.

(63) And is, as such, defined in recital (157) above for the purposes of this document.

(64) Commission Implementing Regulation (EU) 2021/2287 of 17 December 2021 imposing definitive countervailing duties on imports of aluminium converter foil originating in the People’s Republic of China and amending Implementing Regulation (EU) 2021/2170 imposing definitive anti-dumping duties on imports of aluminium converter foil originating in the People’s Republic of China (OJ L 458, 22.12.2021, p. 344, ELI: http://data.europa.eu/eli/reg_impl/2021/2287/oj).

(65) Ibid, recital (738).

(66) Such as in Regulation (EU) 2020/1336, recitals 618-628; Section 2.2.2 to Commission Implementing Regulation (EU) 2021/1784 of 8 October 2021 imposing a definitive anti-dumping duty on imports of aluminium flatrolled products originating in the People’s Republic of China (OJ L 359, 11.10.2021, p. 6).

(67) See for instance judgment of 18 October 2016, Crown Equipment (Suzhou) and Crown Gabelstapler v Council, T-351/13, not published, ECLI:EU:T:2016:616, paragraph 107.

(68) On the basis of Fastmarkets data, the price of ilmenite, the main raw material for TiO2 has decreased since the investigation period (available upon subscription at https://www.fastmarkets.com/login/metals-and-mining/), while the available market intelligence data also foresee cost decreases in the near future compared to the investigation period.

(69) European Commission, Directorate-General for Trade, Directorate G, Wetstraat 170 Rue de la Loi, 1040 Brussels, Belgium.

(70) The Commission took period B1 as starting in the first full month after initiation, and ending in the last full month when provisional Regulation was published. The Commission then also looked at period B2, starting in the first full month after initiation, and ending in the month prior to entry into force of provisional measures.

(71) Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September 2024 on the financial rules applicable to the general budget of the Union (OJ L, 2024/2509, 26.9.2024, ELI: http://data.europa.eu/eli/reg/2024/2509/oj).

(72) 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)

(73) 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).