Commission Implementing Regulation (EU) 2025/1981 of 7 October 2025 imposing a definitive anti-dumping duty on imports of ceramic tableware and kitchenware originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council

(226) Given the high spare capacities in the PRC, the slowdown of the Chinese internal market, the attractiveness of the Union market and the pricing behaviour of Chinese exporting producers as summarised above in recitals (154) to (155), it is likely that significant volumes of low-priced ceramic tableware and kitchenware would be available for sale/redirection to the Union already in the short term should the measures be allowed to lapse, as demonstrated by the level of undercutting found without taking into account the anti-dumping duties, i.e. 38 % (see recital (169)) which is the most likely indication of the price behaviour of Chines exporters in the absence of the measures.

(227) In view of the above findings, namely the massive spare capacity in the PRC, the attractiveness of the Union market, the price levels of imports from the PRC in the absence of anti-dumping measures and their likely impact on the Union industry, the Commission concluded that the absence of measures would in all likelihood result in a significant increase of dumped imports from the PRC at injurious prices and injury would be likely to continue.

(228) In accordance with Article 21 of the basic Regulation, the Commission examined whether the maintenance of the measures would not be against the interest of the Union as a whole. The determination of the Union interest was based on an appreciation of the various interests involved, that is those of the Union industry on the one hand, and those of importers and other parties on the other hand.

(229) The Commission recalled that, in the original investigation, the adoption of measures was considered not to be against the interest of the Union. Furthermore, the fact that the present investigation is a review, thus analysing a situation in which anti-dumping measures have already been in place, allows for the assessment of any undue negative impact on the parties concerned by the current anti-dumping measures.

(230) On that basis, it was examined whether, despite the conclusions on the likelihood of a continuation of dumping and injury, compelling reasons existed which would lead to the conclusion that it is not in the Union interest to maintain measures in this particular case.

(231) The investigation showed that should the measures expire, this would likely have a significant negative effect on the Union industry. The Union industry’s situation would further deteriorate in terms of volumes and prices resulting in a strong decrease in profitability. On the other hand, the continuation of measures would allow the Union industry to recover from past injury caused by dumped imports, and to exploit its potential on a Union market that is not affected by unfair trading practices.

(232) CCCLA stated, and reiterated after disclosure, that imports from China do have certain complementary effects on Union production, resulting in a mixture of interest within the Union industry. Therefore, prolonging the measures would not appear to be in the interest of EU producers, given that their economic indicators (imports, production, domestic and export sales) show a sound state. Moreover, according to CCCLA, certain EU producers do not manufacture all types of ceramic tableware and kitchenware, meaning that these items need to be imported from third countries, including China. The anti-dumping duties have increased the price of products sourced from producers in China, which has had a continuous negative effect on these EU producers.

(233) However, the injury analysis in Section 4 above (recitals (160) to (197)) has shown that in fact, the Union industry continued to suffer, despite the measures, from the injurious effects of the dumped imports from the PRC. Indeed, Union industry had experienced a decrease in market share during the period considered, while not able to increase their sales prices to profitable levels. Furthermore, CCCLA’s above assertion to the contrary lacked substantiating evidence that could be further analysed, leading the Commission to reject this claim.

(234) Based on the above it was concluded that maintaining the anti-dumping measures in force is in the interest of the Union industry.

(235) At the initiation stage of this investigation, 51 known unrelated importers were contacted and invited to cooperate. No one came forward at the sampling stage. Only one importer at a later stage spontaneously submitted some limited information on imports, not raising any objections to the possible extension of the current measures.

(236) Based on this, and in line with the findings of the previous expiry review that revealed healthy profit margins of importers of the product concerned (74), it was concluded that maintaining the existing measures would not have a significant adverse effect on the activity of unrelated importers of the product concerned.

(237) Like in the previous expiry review investigation, no parties representing the interests of end-users, such as associations of consumers, came forward or cooperated in any way in the investigation. In the continued absence of cooperation from users in the present expiry review investigation, the Commission considered that its findings in the original investigation are still valid, and that the continuation of measures would not negatively affect consumers such as households, or at least not to any significant extent.

(238) The CCCLA brought forward and reiterated after definitive disclosure, that as ceramic tableware and kitchenware is a final product, the anti-dumping duties would hit Union consumers directly as there is no intermediate industry to absorb the costs.

(239) Cerame-Unie/FEPF responded to above claim that despite the anti-dumping measures currently in force, imports of ceramic tableware and kitchenware from China have continued entering the Union in large quantities and at very low prices.

(240) The Commission considered it very unlikely that the repeal of the measures would result in the lowering of prices with the full amount of the duties. Even in the unlikely scenario where consumer prices would be lowered with the full amount of the current anti-dumping duties, the yearly cost of consumers would be reduced by less than EUR 1 (75). As the measures cannot be deemed to have had a significant impact on consumers, the Commission rejected these claims.

(241) In balancing the different competing interests in the Union, the Commission gave special consideration to the need to eliminate the trade distorting effects of injurious dumping and to ensure effective fair competition. On the one hand the continuation of measures would protect an important Union industry, including many small and medium enterprises, against a likely continuation of injury. On the other hand, the assessment of the situation of importers and users based on the information available due to the lack of cooperation shows that the continuation of measures would clearly not have a disproportionate negative impact on them.

(242) Therefore, the Commission concluded that there are no compelling reasons of Union interest against the maintenance of the definitive anti-dumping measures on imports of tableware and kitchenware originating in the PRC.

(243) It follows from the above that the anti-dumping measures applicable to imports of ceramic tableware and kitchenware originating in China should be maintained.

(244) 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 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(4) of this regulation. Until such invoice is presented, imports should be subject to the anti-dumping duty applicable to ‘all other imports originating in China’.

(245) 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(4) 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.

(246) 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.

(247) The individual company anti-dumping duty rates specified in this Regulation are exclusively applicable to imports of the product under review originating in China and produced by the named legal entities. Imports of the product under review 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 imports originating in China’. They should not be subject to any of the individual anti-dumping duty rates.

(248) A company may request the application of individual anti-dumping duty rates if it changes subsequently the name of its entity. The request must be addressed to the Commission (76). 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 notice informing about the change of name will be published in the Official Journal of the European Union.

(249) All interested parties were informed of the essential facts and considerations on the basis of which it was intended to recommend that the existing measures be maintained. They were also granted a period to make representations subsequent to this disclosure.

(250) An exporter or producer that did not export the product concerned to the Union during the period that was used to set the level of the duty currently applicable to its exports may 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 period that was used to set the level of the duty applicable to its exports; (ii) it is not related to a company that did so and thus is subject to the anti-dumping duties; and (iii) has exported the product concerned thereafter or has entered into an irrevocable contractual obligation to do so in substantial quantities.

(251) In view of Article 109 of Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council (77), 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.

(252) 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) it did not export the goods described in Article 1(1) originating in the People’s Republic of China during the period between 1 January 2011 and 31 December 2011 (‘original investigation period’);

(b) it is not related to an exporter or producer subject to the measures imposed by this Regulation, and which have or could have cooperated in the investigation that led to the duty; and

(c) it has either actually exported the product under review originating in the People’s Republic of China or has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the end of the original investigation period.

(a) If the importer buys directly from the Chinese exporting producer, the import declaration must be accompanied by a valid commercial invoice, on which shall appear a declaration dated and signed by an official of the entity issuing such invoice, identified by their name and function, drafted as follows (‘manufacturer declaration for direct export sale’): ‘I, the undersigned, certify that the (volume) of ceramic tableware or kitchenware sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in the (country concerned). I declare that the information provided in this invoice is complete and correct.’ Until such invoice is presented, the duty rate applicable to ‘all other companies’ shall apply.

(b) If the importer buys from a trader or other intermediate legal person, whether located in mainland China or not, the import declaration must be accompanied by a valid commercial invoice from the manufacturer to the trader on which shall appear a declaration, dated and signed by an official of the manufacturer issuing the invoice for this transaction to the trader, identified by their name and function, drafted as follows (‘manufacturer declaration for indirect export sale’): ‘I, the undersigned, certify that the (volume in kg) of the tableware and kitchenware sold to the trader (name of the trader) (country of the trader), covered by this invoice, was manufactured by our company (company name and address) (TARIC additional code) in the People’s Republic of China. I declare that the information provided in this invoice is complete and correct.’ Until such invoice is presented, the duty applicable to all other companies shall apply.

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, 7 October 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, as last amended by Commission Delegated Regulation (EU) 2020/1173 of 4 June 2020 amending Regulation (EU) 2016/1036 on protection against dumped imports from countries not members of the European Union and Regulation (EU) 2016/1037 on protection against subsidised imports from countries not members of the European Union as regards the duration of the period of pre-disclosure (OJ L 259, 10.8.2020, p. 1, ELI: http://data.europa.eu/eli/reg_del/2020/1173/oj).

(2) Commission Regulation (EU) No 1072/2012 of 14 November 2012 imposing a provisional anti-dumping duty on imports of ceramic tableware and kitchenware originating in the People’s Republic of China (OJ L 318, 15.11.2012, p. 28, ELI: http://data.europa.eu/eli/reg/2012/1072/oj).

(3) Council Implementing Regulation (EU) No 412/2013 of 13 May 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ceramic tableware and kitchenware originating in the People’s Republic of China (OJ L 131, 15.5.2013, p. 1, ELI: http://data.europa.eu/eli/reg_impl/2013/412/oj).

(4) Commission Implementing Regulation (EU) 2017/1932 of 23 October 2017 amending Council Implementing Regulation (EU) No 412/2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ceramic tableware and kitchenware originating in the People’s Republic of China (OJ L 273, 24.10.2017, p. 4, ELI: http://data.europa.eu/eli/reg_impl/2017/1932/oj).

(5) Commission Implementing Regulation (EU) 2019/1198 of 12 July 2019 imposing a definitive anti-dumping duty on imports of ceramic tableware and kitchenware originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 (OJ L 189, 15.7.2019, p. 8, ELI: http://data.europa.eu/eli/reg_impl/2019/1198/oj), as last amended by Commission Implementing Regulation (EU) 2020/571 of 24 April 2020 amending Implementing Regulation (EU) 2019/1198 imposing a definitive anti-dumping duty on imports of ceramic tableware and kitchenware originating in the People’s Republic of China, as amended by Implementing Regulation (EU) 2019/2131 and repayment of duties collected (OJ L 132, 27.4.2020, p. 7, ELI: http://data.europa.eu/eli/reg_impl/2020/571/oj).

(6) Commission Implementing Regulation (EU) 2019/2131 of 28 November 2019 amending Implementing Regulation (EU) 2019/1198 imposing a definitive anti-dumping duty on imports of ceramic tableware and kitchenware originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council (OJ L 321, 12.12.2019, p. 139, ELI: http://data.europa.eu/eli/reg_impl/2019/2131/oj).

(7) OJ C, C/2023/182, 16.10.2023, ELI: http://data.europa.eu/eli/C/2023/182/oj.

(8) OJ C, C/2024/7456, 19.12.2024, ELI: http://data.europa.eu/eli/C/2024/7456/oj.

(9) Commission Staff Working Document on Significant Distortions in the Economy of the People’s Republic of China for the purposes of Trade Defence Investigations, 10 April 2024 (SWD(2024) 91 final).

(10) Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions (COM(2021) 350 Final), available at: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52021DC0350.

(11) DS473 European Union – Anti-Dumping Measures on Biodiesel from Argentina.

(12) DS494: European Union – Cost Adjustment Methodologies and Certain Anti-Dumping Measures on Imports from Russia – (Second complaint).

(13) Register of Commission Documents (SWD(2024) 91), p. 96-99.

(14) European Union – Anti-Dumping Measures on Biodiesel from Argentina – AB-2016-4 – Report of the Appellate Body, para. 6.198.

(15) Note to the file of 12 July 2024, No t24.005770 (available in the open file).

(16) Due to confidentiality reasons the Member State of the SME cannot be disclosed. See recitals (50) to (53).

(17) SMEs are defined as laid down in Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36, ELI: http://data.europa.eu/eli/reco/2003/361/oj).

(18) Note to the file of 29 July 2024, No t24.006490 (available in the open file).

(19) Due to confidentiality reasons the Member State of the SME cannot be disclosed. See recitals (50) to (53).

(20) Appellate Body Report, EC – Fasteners (China) (Article 21.5 – China), para. 5.319.

(21) The three sampled groups of exporting producers were composed of Fujian Dehua Huilong Ceramic Co., Ltd., Photo Usa Electronic Graphic Inc. and Liling Kaiwei Ceramic Co. Ltd.

(22) Note to the file of 16 September 2024, No t24.007850 (available in the open file).

(23) Note to the file of 12 July 2024, No t24.005770 and note to the file of 18 July 2024, No t24.006100 (available in the open file).

(24) Judgment of the Court of 20 March 1985, Case C-264/82 Timex v Council and Commission, ECLI:EU:C:1985:119, at paragraph 24; Judgment of 28 September 2023, Changmao Biochemical Engineering Co. Ltd v Commission, C-123/21 P, ECLI:EU:C:2023:708, para. 168.

(25) Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of ceramic tableware and kitchenware originating in the People’s Republic of China (OJ C 117, 12.4.2017, p. 12).

(26) Note to the file of 6 June 2025, No t25.006231 (available in the open file).

(27) China State Council – Guiding Opinions of Five Departments on Promoting High-Quality Development of Light Industry; available at: https://www.gov.cn/zhengce/zhengceku/2022-06/19/content_5696665.htm (accessed on 25 June 2025).

(28) Ministry of Industry and Information Technology – Interpretation of Work Plan for the Steady Growth of Light Industry (2023-2024); available at: https://www.gov.cn/zhengce/zhengceku/202307/content_6895224.htm (accessed on 25 June 2025).

(29) Commission Implementing Regulation (EU) 2024/493 of 12 February 2024 imposing a definitive anti-dumping duty on imports of ceramic tiles originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council (OJ L, 2024/493, 13.2.2024, ELI: http://data.europa.eu/eli/reg_impl/2024/493/oj).

(30) Implementing Regulation (EU) 2024/493, recitals (99) to (137).

(31) Implementing Regulation (EU) 2024/493, recital (104).

(32) Implementing Regulation (EU) 2024/493, recital (135).

(33) Implementing Regulation (EU) 2024/493, recital (108).

(34) Implementing Regulation (EU) 2024/493, recital (127).

(35) Implementing Regulation (EU) 2024/493, recital (128).

(36) Implementing Regulation (EU) 2024/493, recital (129).

(37) Implementing Regulation (EU) 2019/1198.

(38) Commission Staff Working Document on Significant Distortions in the Economy of the People’s Republic of China for the purposes of Trade Defence Investigations, 10 April 2024 (SWD(2024) 91 final).

(39) Commission Staff Working Document on Significant Distortions in the Economy of the People’s Republic of China for the purposes of Trade Defence Investigations, 10 April 2024 (SWD(2024) 91 final).

(40) Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions (COM(2021) 350 Final), available at: https://ec.europa.eu/info/sites/default/files/communication-industrial-strategy-update-2020_en.pdf.

(41) World Bank Open Data – Upper Middle Income, https://data.worldbank.org/income-level/upper-middle-income (accessed on 27 June 2025).

(42) Available at: International Import Export Trade Data: Global Trade Atlas | S&P Global.

(43) Available at: https://orbis4.bvdinfo.com/version-201866/orbis/Companies.

(44) Source: Statistics | Eurostat.

(45) Turkish Statistical Institute, TÜİK – Veri Portalı (tuik.gov.tr).

(46) Energy Market Regulatory Authority of Türkiye, EMRA | Energy Market Regulatory Authority (epdk.gov.tr).

(47) http://www.gtis.com/gta/secure/default.cfm.

(48) EMRA | Energy Market Regulatory Authority (epdk.gov.tr).

(49) EMRA | Energy Market Regulatory Authority.

(50) TÜİK – Veri Portalı (tuik.gov.tr).

(51) https://www.invest.gov.tr/en/investmentguide/pages/cost-of-doing-business.aspx.

(52) 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, ELI: http://data.europa.eu/eli/reg/2015/755/oj). Article 2(7) of the basic Regulation considers that domestic prices in those countries cannot be used for the purpose of determining normal value.

(53) http://www.turkstat.gov.tr/PreIstatistikTablo.do?istab_id=2090, as last accessed on 11 June 2025.

(54) This is a statistical classification of economic activities used by Eurostat, KS-RA-07-015-EN.PDF as last accessed on 29 June 2025.

(55) TÜİK – Veri Portalı (tuik.gov.tr) and TÜİK – Veri Portalı (tuik.gov.tr).

(56) Full-time employment.

(57) TÜİK – Veri Portalı (tuik.gov.tr) and TÜİK – Veri Portalı (tuik.gov.tr).

(58) https://www.epdk.gov.tr/Detay/Icerik/3-0-39/kurul-kararlari-.

(59) EMRA | Energy Market Regulatory Authority.

(60) https://www.epdk.gov.tr/Anasayfa/Anasayfa.

(61) EPDK | Enerji Piyasası Düzenleme Kurumu.

(62) EPDK | Enerji Piyasası Düzenleme Kurumu.

(63) https://www.invest.gov.tr/en/investmentguide/pages/cost-of-doing-business.aspx.

(64) https://www.invest.gov.tr/en/investmentguide/pages/cost-of-doing-business.aspx.

(65) THINK!DESK – Market Distortions in the Chinese Tableware Ceramics Industry Update Report 2024 (6) provided in Annex 3 of the open expiry review request.

(66) Hangzhou Zhongjing Zhisheng Market Research – 2024 Report on Daily Ceramics Market in China, pages 32-36, provided in Annex 5 of the open expiry review request.

(67) For example, in the 2022 Financial report of the Sitong group, page 47, provided in Annex 5 of the open expiry review request.

(68) THINK!DESK – Market Distortions in the Chinese Tableware Ceramics Industry Update Report 2024 (Part 2) provided in Annex 3 of the open expiry review request.

(69) Hangzhou Zhongjing Zhisheng Market Research – 2024 Report on Daily Ceramics Market in China, provided in Annex 5 of the open expiry review request.

(70) Total exports of China excluding export to the Union following national code 6911 10 19 and national code 6912 00 10 .

(71) Including anti-dumping measures by Brazil, India, Mexico and the United Kingdom. See: WTO website for Semi-annual reports under Article 16.4 of the ADA from the various countries.

(72) Tableware and kitchenware of porcelain or china in China | The Observatory of Economic Complexity.

(73) Based on statistics extracted from GTA.

(74) Implementing Regulation (EU) 2019/1198, recital (277).

(75) This calculation was done during the original investigation, based on import volumes and values, the anti-dumping duties, and the number of households in the Union at that time. See recital (217), Implementing Regulation (EU) No 412/2013.

(76) European Commission, Directorate-General for Trade, Directorate G, Rue de la Loi 170, 1040 Brussels, BELGIUM.

(77) 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).