LegalizeCommission Implementing Regulation (EU) 2025/1505 of 25 July 2025 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of epoxy resins originating in the People’s Republic of China, Taiwan, and Thailand and terminating the investigation on imports of epoxy resins originating in the Republic of Korea
(192) 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. 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 respective country concerned.
(193) 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 (27). 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.
(194) 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 respective country concerned.
(195) 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.
(196) 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.
(197) To ensure a proper enforcement of the anti-dumping duties, the anti-dumping duty for all other imports originating in the respective country concerned 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.
(198) Exporting producers in the People’s Republic of China 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.
(199) 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.
(200) As mentioned in section 1.2, the Commission made imports of the product under investigation subject to registration.
(201) 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.
(203) Neither of the four comparisons outlined above showed a further substantial rise in imports in addition to the level of imports which caused injury during the investigation period.
(204) Consequently, the Commission concluded that the conditions for retroactive collection are not met.
(205) In view of Article 109 of Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council (28), 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.
(206) 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 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, 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 .
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:
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 in unit we are using) 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.’ Until such invoice is presented, the duty applicable to all other imports originating in the respective country concerned shall apply.
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) 2025/393 imposing a provisional anti-dumping duty on imports of epoxy resins originating in the People’s Republic of China, Taiwan and Thailand 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;
(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
The anti-dumping proceeding concerning imports of the product mentioned in Article 1(1) originating in Korea is hereby terminated.
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, 25 July 2025.
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) OJ C, C/2024/4137, 1.7.2024, ELI: http://data.europa.eu/eli/C/2024/4137/oj.
(3) 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 (OJ L, 2024/2714, 25.10.2024, ELI: http://data.europa.eu/eli/reg_impl/2024/2714/oj).
(4) The pre-disclosure document explicitly states that: ‘Comments should be limited to the accuracy of calculations. At this stage, the Commission only takes comments regarding clerical errors into consideration. These include errors in addition, subtraction, or other arithmetic function, error resulting from inaccurate copying, duplication, application of inconsistent units of measurement or conversion rates and any other similar type of error which the Commission considers to be clerical. Any other comments will be considered only after the disclosure of provisional measures’.
(5) Commission Implementing Regulation (EU) 2025/393 of 26 February 2025 imposing a provisional anti-dumping duty on imports of epoxy resins originating in the People’s Republic of China, Taiwan, and Thailand (OJ L, 2025/393, 27.2.2025, ELI: http://data.europa.eu/eli/reg_impl/2025/393/oj).
(6) Representing Jiangsu Sanmu Group Co., Ltd, Jiangsu Kumho Yangnong Chemical Co. Ltd, Jiangsu Ruiheng New Material Technology Co., Ltd, and Nantong Xingchen Synthetic Material Co. Ltd.
(7) Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (OJ L 209, 2.8.1988, p. 1, ELI: http://data.europa.eu/eli/reg/1988/2423/oj).
(8) Case C-16/90 Detlef Nolle, trading as ‘Eugen Nolle’ v Hauptzollamt Bremen-Freihafen, 22 October 1991, ECLI:EU:C:1991:402, paragraph 13.
(9) Case C-26/96 Rotexchemie International Handels GmbH & Co. v Hauptzollamt Hamburg-Waltershof, 29 May 1997, ECLI:EU:C:1997:261, paragraph 23.
(10) Case T-326/21, Guangdong Haomei New Materials and Guangdong King Metal Light Alloy Technology v Commission, , 21 June 2023, ECLI:EU:T:2023:347, paragraph 128.
(11) https://cma.opisnet.com/?utm_term=&utm_campaign=&utm_source=adwords&utm_medium=ppc&gad_source=1.
(12) https://view.argusmedia.com/chemicals-market-reports.html.
(13) https://freightinsurancecoverage.com/process/marine-cargo-insurance-cost.
(14) https://traderiskguaranty.com/trgpeak/top-5-impact-insurance-costs.
(15) ILO, Labor Force Statistics database, ‘Mean weekly hours actually worked per employed person by sex and economic activity – Annual’, Thailand (https://rshiny.ilo.org/dataexplorer35/?lang=en&segment=indicator&id=HOW_TEMP_SEX_ECO_NB_A&ref_area=THA).
(16) Thailand Board of Investment (https://www.boi.go.th/index.php?page=utility_costs&utm).
(17) PWC, ‘Thailand; Corporate – Other Taxes’ (https://taxsummaries.pwc.com/thailand/corporate/other-taxes?utm).
(18) https://www.boi.go.th/index.php?page=utility_costs.
(19) https://www.mea.or.th/en/our-services/tariff-calculation/other/-LDELdOY73W3K.
(20) https://www.eppo.go.th/index.php/en/en-energystatistics/energy-economy-static.
(21) https://www.chemanalyst.com/Pricing-data/epichlorohydrin-55.
(22) See, to that effect, judgment of 1 October 2014, Council v Alumina, C-393/13 P, EU:C:2014:2245, paragraph 20 and the case-law cited.
(23) See, for instance Judgment of 19 December 2013, Transnational Company ‘Kazchrome’ and ENRC Marketing v Council, C-10/12 P, EU:C:2013:865, paragraph 54; Judgment of 16 December 2020, Changmao Biochemical Engineering v Commission, T-541/18, ECLI:EU:T:2020:605, paragraph 61.
(24) Appellate Body Report, European Communities – Anti-Dumping Duties on Malleable Cast Iron Tube or Pipe Fittings from Brazil, WT/DS219/AB/R, paragraph 96.
(25) Ibid. paragraph 97.
(26) Ibid. paragraph 98.
(27) Email: TRADE-TDI-NAME-CHANGE-REQUESTS@ec.europa.eu; European Commission, Directorate-General for Trade, Directorate G, Wetstraat 170 Rue de la Loi, 1040 Brussels, BELGIUM.
(28) 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).
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