Commission Implementing Regulation (EU) 2025/1901 of 22 September 2025 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of glyoxylic acid originating in the People’s Republic of China

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 9(4) thereof,

Whereas:

(1) On 25 July 2024, the European Commission (‘the Commission’) initiated an anti-dumping investigation with regard to imports of glyoxylic acid originating in the People’s Republic of China (‘the country concerned’) on the basis of Article 5 of the basic Regulation. It published a Notice of Initiation in the Official Journal of the European Union (2) (‘the Notice of Initiation’).

(2) The Commission initiated the investigation following a complaint lodged on 10 June 2024 by WeylChem Lamotte SAS (‘the complainant’). The complaint was made by the Union industry of glyoxylic acid within the meaning of Article 5(4) of the basic Regulation. The complaint contained evidence of dumping and of resulting material injury that was sufficient to justify the initiation of the investigation.

(3) On 24 October 2024, the Commission made imports of glyoxylic acid originating in the People’s Republic of China (the ‘PRC’ or ‘China’) subject to registration by Commission Implementing Regulation (EU) 2024/2715 (‘the registration Regulation’) (3).

(4) In accordance with Article 19a of the basic Regulation, on 24 February 2025, the Commission provided parties with a summary of the proposed duties and details about the calculation of the dumping margins and the margins adequate to remove the injury to the Union industry. Interested parties were invited to comment on the accuracy of the calculations within three working days. Within this period, two importers/users, Trade Corporation International SAU (‘Trade Corporation’) and Laboratorios Jaer S.A. (‘Jaer’) submitted comments related to Union interest. The sampled exporting producer Xinjiang Guolin submitted that the Commission deducted the ocean freight twice for certain transactions and that the Commission interchanged the profit margin and the SG&A margin in the calculation.

(5) As noted in recital 329 of the Commission Implementing Regulation (EU) 2025/591 (4) (the ‘provisional Regulation’), the Commission corrected the ocean freight transactions, which were initially counted twice in the calculation. The Commission furthermore corrected the profit margin of 10 % and the SG&A margin of 23 % in the calculations. Furthermore, in recital 330 of the provisional Regulation, the Commission noted that incorrect exchange rate was applied to the source for determination of the normal value concerning the labour cost, electricity and water. The Commission updated the value of the labour cost, electricity and water in Table 1 of the provisional Regulation, using the same currency exchange rate communicated by the European Central Bank for the investigation period for all factors of production.

(6) The Commission imposed provisional anti-dumping duties on imports of glyoxylic acid originating in the People’s Republic of China by the provisional Regulation.

(7) Following the disclosure of the essential facts and considerations on the basis of which a provisional anti-dumping duty was imposed (‘provisional disclosure’), the exporting producers Guangdong Joy Chemical Co., Ltd., Hubei Hongyuan Pharmaceutical Technology Co., Ltd., Inner Mongolia Tianyuda Biological Technology Co., Ltd., Jinyimeng Group Co., Ltd and Xinjiang Guolin New Materials Co. Ltd and the importers/users Trade Corporation, Deretil S.A. (‘Deretil’), L. Brüggemann GmbH & Co KG (‘Brüggeman’) and Jaer filed written submissions making their views known on the provisional findings within the deadline provided by Article 2(1) of the provisional Regulation.

(8) The parties who so requested were granted an opportunity to be heard. The Commission continued to seek and verify all the information it deemed necessary for its final findings. When reaching its definitive findings, the Commission considered the comments submitted by interested parties and revised its provisional conclusions when appropriate.

(9) The Commission informed all interested parties of the essential facts and considerations on the basis of which it intended to impose a definitive anti-dumping duty on imports of glyoxylic acid originating in the PRC (‘final disclosure’). All parties were granted a period within which they could make comments on the final disclosure.

(10) The complainant, the exporting producers Xinjiang Guolin and Hubei Hongyuan, and the importers/users Brüggemann, Deretil, Jaer, Trade Corporation, Asociacion Espanola de Fabricantes de Agronutrientes, (the Spanish Association of Agronutrient Manufacturers ‘AEFA’) and Nouryon Functional Chemicals AB (‘Nouryon’) submitted comments within the deadline.

(11) The parties who so requested were granted an opportunity to be heard. Hearings took place with the exporting producer Xinjiang Guolin and the importers/users Jaer, Brüggemann and Deretil. The comments submitted by the interested parties were considered and taken into account where appropriate in this regulation. They are addressed below.

(12) The analysis of some comments on the final disclosure resulted in changes in the dumping calculations and on the end-use exemption. On 5 August 2025, the Commission informed all interested parties of the changes through an additional final disclosure limited to the modifications made. All parties were granted a period within which they could make comments on the additional final disclosure. Weylchem, Jaer, Trade Corporation, Hubei Hongyuan, Jinyimeng Group Co., Ltd. and Inner Mongolia Tianyuda Biological Technology Co., Ltd. submitted comments. They are addressed below.

(13) In the absence of any comments on initiation, the conclusions in recitals 1 to 2 of the provisional Regulation are confirmed.

(14) In the absence of any comments on sampling, the conclusions in recitals 6 to 11 of the provisional Regulation are confirmed.

(15) In the absence of any comments on questionnaire replies and verification visits, the conclusions in recitals 12 to 15 of the provisional Regulation are confirmed.

(16) In the absence of any comments on investigation period and period considered, the conclusions in recital 16 of the provisional Regulation is confirmed.

(17) After disclosure, the user Brüggemann repeated their claim made at the provisional stage that the specific technical grade of glyoxylic acid that they import from China and utilise in the production of formaldehyde-free sulphur-based reducing agents (‘FFSRAs’) is not currently on offer from the Union industry. No further evidence was provided to support the claim that the product sourced from China cannot be sourced from the Union industry, therefore the Commission dismissed the claim.

(18) In the absence of any other comments, the conclusions set out in recitals 22 to 28 of the provisional Regulation were confirmed.

(19) The procedure for the determination of the normal value were set out in recitals 38 to 86 of the provisional Regulation.

(20) The details of the calculation of the normal value were set out in recitals 87 to 162 of the provisional Regulation.

(21) No comments were received concerning the existence of significant distortions in the PRC. Therefore, the findings in recitals 41 to 86 of the provisional Regulation were confirmed.

(22) Following the imposition of provisional measures, Trade Corporation International submitted comments concerning the selection of Colombia as the most suitable representative country and acetic acid as a product in the same sector as glyoxylic acid. Trade Corporation International alleged that the product manufactured in Colombia, acetic acid, was not the same as the product under investigation, which had specific chemical properties and uses. Trade Corporation International stated that glyoxylic acid was about ten times stronger and acid than acetic acid. Trade Corporation International alleged that acetic acid was also used in agriculture, but mainly for different purposes than glyoxylic acid, such as natural herbicide, pest control to improve soil fertility and pH balance, whereas glyoxylic acid was primarily used for plant growth regulation and weed control.

(23) The Commission informed in recitals 34 and 91 of the provisional Regulation that as there was no production of glyoxylic acid outside China and the Union, the Commission had to resort to identifying an appropriate proxy product in the same general category and/or sector as glyoxylic acid with a view to identify an undistorted value in a representative country with a similar level of economic development as the PRC. The Commission explained in section 3.2.2.1.2 of the provisional Regulation, recitals 91 to 93 that there are four C2 carboxylic acids products with similar production processes and using similar raw materials, i.e. glyoxylic acid, oxalic acid, glycolic acid and acetic acid, but only acetic acid is manufactured in the countries with a similar level of economic development. The Commission noted that the production process for obtaining acetic acid, if not identical, is highly comparable to that for the manufacturing of glyoxylic acid, as the respective production processes, core raw materials and relevant consumables are very similar. The Commission therefore maintained that acetic acid was as an appropriate proxy product in the same general category and/or sector as the product under investigation and rejected the claim.

(24) Trade Corporation International alleged that the specific economic conditions and industrial capabilities in Colombia did not necessarily accurately reflect those in China, as the production processes, cost structures, and market dynamics in Colombia could be significantly different from those in China, leading to an inaccurate representation of the normal value of glyoxylic acid. Trade Corporation International further submitted that readily available financial data for one sole company in Colombia, Sucroal S.A., was insufficient to make a reasonable comparison, as the company could establish prices significantly above the market.

(25) In recitals 89 to 90 of the provisional Regulation, the Commission established that Colombia fell in the same category of economies with similar level of economic development as China, classified in the same income group classification (upper middle-income countries) published by the World Bank (5). The Commission further concluded in recitals 107 to 115 of the provisional Regulation that, in accordance with Article 2(6a)(a), first ident of the basic Regulation, the financial information for the Colombian company Sucroal S.A. was readily available and the most appropriate to use. The Commission informed that there were no multiple producers of acetic acid in the potential representative countries. The Commission identified one acetic acid producer in Colombia, and one in Türkiye. The Commission further informed that the Turkish manufacturer of acetic acid, Akkim Kimya Sanayi ve Ticaret A.S., was under investigation of the Turkish Anti-monopoly Office for restriction of competition and price manipulation. For this reason, the Commission disregarded Türkiye from the selection of a representative country. Furthermore, Sucroal S.A. is an established company in Colombia and the fact that there were no other producers of acetic acid in Colombia does not demonstrate that the financial data to establish SG&A and profit is unreliable. The claim was rejected.

(26) Following final disclosure, Trade Corporation International claimed that the Commission did not fulfil its duty to state reasons to reject Trade Corporation International’s claims and repeated arguments that were already stated in the provisional Regulation. Trade Corporation International reiterated that acetic acid and glyoxylic acid have different physicochemical profile and end-use spectrum: glyoxylic acid is a potent aldehyde-acid molecule (pKa ≈ 3,3), used predominantly in high-value, specialty downstream applications (pharmaceutical intermediates, cosmetic actives, chelated fertilisers), acetic acid is a weak monocarboxylic acid (pKa ≈ 4,8) sold as a chemical reagent, and in the manufacture of various chemical compounds (e.g. for the cleaning industry). Trade Corporation International objected that acetic acid and glyoxylic acid were similar products as they diverged in price, purity requirements, required trace-metal specifications and safety standards. Therefore, they disagreed that acetic acid could be used as a proxy for the selection of the representative country.

(27) The Commission noted that Trade Corporation International did not bring forward any new evidence to support the claim. The Commission clarified that the fact acetic acid is a weaker monocarboxylic acid was known since the beginning of the investigation. The Commission was not bound to identify an exact alternative to glyoxylic acid, but a similar product in the same category of products using the same or similar key input materials. As such, the Commission maintained that acetic acid was the best proxy product available in the examined potential representative countries. The Commission reiterated that the glyoxylic acid and acetic acid are both in the C2 carboxylic acids products, they use similar raw materials, and they become to the same classification of economic activities. The Commission further noted that Trade Corporation International did not propose any alternative product in the similar category of glyoxylic acid to demonstrate that acetic acid was not a suitable proxy product. The argument was rejected.

(28) Furthermore, Trade Corporation International alleged that the Commission had failed to explain why only one company (Sucroal) is sufficient for the construction of the SG&A and profit, how was Sucroal an efficient producer and why other producers did not have reliable data to use as a comparison, undermining the selection of Colombia as a suitable representative country.

(29) The Commission clarified that in the provisional Regulation (recital 107) it had already reported that readily available financial data from Orbis for the year 2023 existed only for one acetic acid manufacturer in Colombia (Sucroal S.A.) and one acetic acid manufacturer in Türkiye (Akkim Kimya Sanayi ve Ticaret A.S.). The Commission had further informed parties in recital 112 of the provisional Regulation that taking account of the ongoing investigation of the Turkish Anti-monopoly office into Akkim Kimya Sanayi ve Ticaret A.S., the Commission had decided not to consider further Akkim Kimya Sanayi ve Ticaret A.S for the construction of the SG&A and profit. As none of the seven potential representative countries manufactured glyoxylic acid, glycolic acid or oxalic acid, Trade Corporation International’s argument concerning unsuitability of Sucroal’s products was moot. Lastly, as no minimum number of companies to construct the SG&A and profit is required by the basic Regulation, to Commission did not breach any legal provisions. The argument was rejected.

(30) In the absence of other comments, the conclusions in recitals 87 to 119 of the provisional Regulation were confirmed.

(31) Following the imposition of provisional measures, Xinjiang Guolin alleged that the Commission’s benchmark for imports of maleic anhydride to Colombia at 12,58 CNY/kg was inflated. Xinjiang Guolin stated that the average import price of maleic anhydride into the Union (without imports from China and other non-WTO countries) was 8,09 CNY/kg, and the average import price of maleic anhydride to neighbouring countries was 7,7 CNY/kg for Brazil, and 7,5 CNY/kg for Mexico. Xinjiang Guolin also commented that in the Commission’s ongoing interim review R825 regarding anti-dumping measures applicable on imports of continuous filament glass fibre products (‘GFR’) originating in the People’s Republic of China (6), the Commission applied a benchmark for imports of maleic anhydride between 6,7 CNY/kg and 7,7 CNY/kg, which allegedly demonstrated that the benchmark for imports of maleic anhydride into Colombia was unreasonably high. As an alternative, Xinjiang Guolin proposed to apply an average import price of maleic anhydride into the Union, an international import price of maleic anhydride into all countries, an average price of maleic anhydride in the United States (‘US’), Europe and South-East Asia, an average export price at the CIF level of maleic anhydride from all countries or using only the Taiwan and Korean import price into Colombia.

(32) The Commission noted that the interim review of the anti-dumping measures applicable to imports of continuous filament glass fibre products originating in China referred to by Xinjiang Guolin concerns a completely different product and is a separate investigation. Furthermore, in that investigation there has been no decision yet on which country will be ultimately selected as a representative country. In any event, in the case at hand the Commission explained in recitals 107 and 114 of the provisional Regulation that Türkiye was not a suitable representative country for the construction of the normal value, and as a result the application of the benchmark for maleic anhydride from Türkiye would not be appropriate. Furthermore, the Commission explained in recitals 96, 100 and 106 of the provisional Regulation, that Brazil and Mexico were found not to be suitable representative countries as some of the main raw materials were predominantly imported from China and there were no producers of acetic acid with readily available financial information to construct the SG&A and profit. Therefore, the benchmarks for maleic anhydride in Mexico, Brazil and Türkiye were rejected.

(33) The Commission, however, noted that the import volume of maleic anhydride into Colombia was limited as it amounted to no more than 4 664 tonnes. The Commission therefore analysed other potential benchmarks, including the alternatives proposed by Xinjiang Guolin, and noted that the biggest exporter of maleic anhydride is China, followed by the US. The Commission therefore decided to use the weighted average export price from the US into all countries in the world (exports to China and other non-WTO countries were excluded) at Cost, Insurance and Freight (‘CIF’) level as the most suitable benchmark for maleic acid. The price thus established was 9,32 CNY/kg. Following additional comments of Xinjiang Guolin to the final disclosure, the Commission corrected an error in the import data and added the weighted average import duties levied by ten biggest importing countries of goods originating from the US, covering 98 % of the worldwide imports originating in the US. The resulting weighted average duty rate was 3,15 %. On this basis, the price was established at 8,25 CNY/kg. This resulted in a revision of the dumping margin for Xinjiang Guolin and the cooperating non-sampled exporting producers. The Commission informed all interested parties about the change in maleic anhydride benchmark through the additional final disclosure.