Commission Implementing Regulation (EU) 2025/2287 of 12 November 2025 imposing a provisional anti-dumping duty on imports of adipic acid originating in the People’s Republic of China

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	2025/2287	13.11.2025

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 [^ntr1-L_202502287EN.000101-E0001] (‘the basic Regulation’), and in particular Article 7 thereof,

After consulting the Member States,

Whereas:

1. PROCEDURE

1.1.   Initiation

• (1) On 14 March 2025, the European Commission (‘the Commission’) initiated an anti-dumping investigation with regard to imports of adipic acid originating in the People’s Republic of China (‘the country concerned’ or ‘China’) on the basis of Article 5 of the basic Regulation. It published a Notice of Initiation in the Official Journal of the European Union [^ntr2-L_202502287EN.000101-E0002] (‘the Notice of Initiation’).

• (2) The Commission initiated the investigation following a complaint lodged on 28 January 2025 by Lanxess Deutschland GmbH and Radici Chimica S.p.A (‘the complainants’). The complaint was made by the Union industry of adipic acid in the sense 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.

1.2.   Registration

• (3) The Commission made imports of the product concerned subject to registration by Commission Implementing Regulation (EU) 2025/1041 [^ntr3-L_202502287EN.000101-E0003] (‘the Registration Regulation’).

1.3.   Interested parties

• (4) In the Notice of Initiation, the Commission invited interested parties to contact it in order to participate in the investigation. In addition, the Commission specifically informed the complainants, other known Union producers, the known exporting producers and the Chinese authorities, known importers, suppliers and users, traders, as well as associations known to be concerned about the initiation of the investigation and invited them to participate.

• (5) Interested parties had an opportunity to comment on the initiation of the investigation and to request a hearing with the Commission and/or the Hearing Officer in trade proceedings.

• (6) A hearing was held with Allnex Italy s.r.l (‘Allnex’), a user of adipic acid.

1.4.   Comments on initiation

• (7) Purinova sp. z o.o (‘Purinova’) a user of adipic acid submitted that it was not able to verify the legitimacy of the target profit above 6 % used in the complaint, given that it was under a confidentiality clause. Moreover, Purinova commented that the use of a profit margin based on the data of only one of the complainants cannot be considered as representative of the entire Union Industry. Purinova together with another user, COIM S.p.A. Chimica Organica (‘COIM’) also claimed that the Union industry is not able to meet the entire Union demand of adipic acid. Purinova further stated that regardless of their available production capacity, the producers in the Union are mainly producing for their own needs and therefore are pursuing a commercial policy that makes sourcing of adipic acid from them almost impossible for users. In addition, Purinova questioned the injury suffered by the Union industry based on the good financial results reported for 2024 by the Lanxess group. Finally, Purinova contested the causal link between the occurrence of injury and the increase in the volume of imports from China. Instead, Purinova claimed that the injury is due to the decrease in demand for adipic acid, which reflects the overall downward trend in the polyester polyol segment, a major area of use of adipic acid. In this respect, in their submission Purinova, COIM and Allnex and other users in their questionnaire replies (Elachem S.p.A (‘Elachem’), Reagens S.p.A. (‘Reagens’), Stepan Polska Sp. Z.o.o. (‘Stepan’) and Valtris Enterprises Limited (‘Valtris’)), expressed serious concerns about the future of the downstream industry in case of imposition of anti-dumping duties on adipic acid. All claimed that a further increase in the price of their raw material would render them extremely vulnerable against their third country competitors, in particular those from China and Türkiye.

• (8) With regard to the non-confidential version of the complaint and in particular the limited information on the target profit used, upon request from the Commission, on 12 May 2025, additional information was placed in the open file available for inspection by interested parties. The information concerning the target profit used during the investigation for the calculation of the provisional injury margins can be found in recital 239.

• (9) The ability of the Union industry to meet Union demand together with captive use is analysed in recital 177. As regards the availability of adipic acid, contrary to the statement of the users, alternative sources such as the USA and Brazil are still available and even more importantly, the imposition of anti-dumping duties does not intend to close off the Union market from Chinese exporting producers, but to restore the level playing field for all producers concerned. The claim on the commercial policy pursued by the Union producers was unsubstantiated and, in any event, was not confirmed by the findings of the investigation and was therefore rejected as explained in recital 268.

• (10) The claim relating to the financial results of one the sampled companies was rejected on the grounds that adipic acid accounts for only a share of the total activities of the Lanxess group, whereby no conclusions can be drawn from total company figures. Moreover, the injury assessment is carried out for the Union industry and not on an individual company level. Therefore, the financial results reported for 2024 for one of the Union producers did not negate the injury suffered by the Union industry of adipic acid. In any event, the detailed injury assessment can be found in Sections 4.6 and 4.7.

• (11) The claims regarding the causation and in particular the decline in demand are addressed in recitals 224 to 230. Finally, the claims regarding Union interest, in particular the situation regarding the market developments on the downstream products was assessed in Section 7.

1.5.   Sampling

• (12) In the Notice of Initiation, the Commission stated that it might sample the interested parties in accordance with Article 17 of the basic Regulation.

Sampling of Union producers

• (13) In its Notice of Initiation, the Commission stated that it had provisionally selected a sample of Union producers. The Commission selected the sample on the basis of representativity of volume of production and sales on the free Union market of the like product. This sample consisted of two Union producers. The sampled Union producers accounted for more than 60 % of the estimated total volume of production and sales of the like product on the free Union market. The Commission invited interested parties to comment on the provisional sample. No comments were received. The sample was considered representative of the Union industry.

Sampling of unrelated importers

• (14) To decide whether sampling is necessary and, if so, to select a sample, the Commission asked unrelated importers to provide the information specified in the Notice of Initiation.

• (15) One unrelated importer provided the requested information and agreed to be included in the sample. In view of the low number of replies, the Commission decided that sampling of unrelated importers was not necessary.

Sampling of exporting producers

• (16) To decide whether sampling was necessary and, if so, to select a sample, the Commission asked all exporting producers in China to provide the information specified in the Notice of Initiation. In addition, the Commission asked the mission of the People’s Republic of China to the European Union to identify and/or contact other exporting producers, if any, that could be interested in participating in the investigation.

• (17) Five exporting producers in the country concerned provided the requested information and agreed to be included in the sample. In accordance with Article 17(1) of the basic Regulation, the Commission selected a sample of two exporting producers on the basis of the largest representative volume of exports to the Union which could reasonably be investigated within the time available. In accordance with Article 17(2) of the basic Regulation, all known exporting producers concerned and the authorities of the countries concerned were consulted on the selection of the sample. No comments were received.

1.6.   Questionnaire replies and verification visits

• (18) The Commission sent a questionnaire concerning the existence of significant distortions in China within the meaning of Article 2(6a)(b) of the basic Regulation to the Government of the People’s Republic of China (‘GOC’).

• (19) Furthermore, the complainants provided in the complaint sufficient prima facie evidence of raw material distortions in China regarding the product concerned. Therefore, as announced in the Notice of Initiation, the investigation covered those raw material distortions to determine whether to apply the provisions of Article 7(2a) and 7(2b) of the basic Regulation with regard to China. For this reason, the Commission sent additional questionnaires in this regard to the GOC.

• (20) The Commission sent questionnaires to the two sampled Union producers, the sampled exporting producers in China, the importer and the known users. The same questionnaires were made available online [^ntr4-L_202502287EN.000101-E0004] on the day of initiation.

• (21) The Commission sought and verified all the information deemed necessary for a provisional determination of dumping, resulting injury and Union interest. Verification visits pursuant to Article 16 of the basic Regulation were carried out at the premises of the following companies:

Union producers

• — Lanxess Deutschland GmbH, Cologne, Germany (‘Lanxess DE’) and Lanxess Italy S.r.l (‘Lanxess IT)

• — Radici Chimica Deutschland GmbH, Elsteraue, Germany (‘Radici DE’)

Unrelated importers in the Union

• — LCM Industriale S.r.l., Sesto San Giovanni, Italy

Users

• — COIM S.p.A. Chimica Organica, Buccinasco, Italy

Exporting producers in China

• — Chongqing Huafon Chemical Co., Ltd, Chongqing, China (‘Huafon’)

• — Tangshan Zhonghao Chemical Co., Ltd, Tangshan, China (‘Zhonghao’)

1.7.   Investigation period and period considered

• (22) The investigation of dumping and injury covered the period from 1 January 2024 to 31 December 2024 (‘the investigation period’). The examination of trends relevant for the assessment of injury covered the period from 1 January 2021 to the end of the investigation period (‘the period considered’).

2. PRODUCT UNDER INVESTIGATION, PRODUCT CONCERNED AND LIKE PRODUCT

2.1.   Product under investigation

• (23) The product under investigation is adipic acid, also known as hexanedioic acid, falling under the Chemicals Abstract Services (‘CAS’) under number 124-04-9, currently falling under CN code 2917 12 00 (‘the product under investigation’).

• (24) Adipic acid is used in a wide range of applications, for example the production of Nylon 66, adhesives, sealants, plasticisers and polyurethanes, in particular polyester polyols.

2.2.   Product concerned

• (25) The product concerned is adipic acid originating in the People’s Republic of China, currently falling under CN code 2917 12 00 (TARIC code 2917 12 00 10) (‘the product concerned’).

2.3.   Like product

• (26) The investigation showed that the following products have the same basic physical chemical and technical characteristics as well as the same basic uses:

• — the product concerned when exported to the Union,

• — the product under investigation produced and sold on the domestic market of country concerned, and

• — the product under investigation produced and sold in the Union by the Union industry.

• (27) The Commission decided at this stage that those products are therefore like products within the meaning of Article 1(4) of the basic Regulation.

2.4.   Claims regarding product scope

• (28) No claims were received on the product scope.

3. DUMPING

3.1.   People’s Republic of China

3.2.   Procedure for the determination of the normal value under Article 2(6a) of the basic Regulation

• (29) In view of the sufficient evidence available at the initiation of the investigation pointing to the existence of significant distortions within the meaning of point (b) of Article 2(6a) of the basic Regulation with regard to China, the Commission considered it appropriate to initiate the investigation with regard to the exporting producers from this country having regard to Article 2(6a) of the basic Regulation.

• (30) Consequently, in order to collect the necessary data for the eventual application of Article 2(6a) of the basic Regulation, in the Notice of Initiation the Commission invited all exporting producers in China to provide information regarding the inputs used for producing adipic acid. Three exporting producers submitted the relevant information.

• (31) In order to obtain information it deemed necessary for its investigation with regard to the alleged significant distortions, the Commission sent a questionnaire to the GOC. In addition, in point 5.3.2 of the Notice of Initiation, the Commission invited all interested parties to make their views known, submit information and provide supporting evidence regarding the application of Article 2(6a) of the basic Regulation within 37 days of the date of publication of the Notice of Initiation in the Official Journal of the European Union. No questionnaire reply was received from the GOC and no submission on the application of Article 2(6a) of the basic Regulation was received within the deadline. Subsequently, the Commission informed the GOC that it would use facts available within the meaning of Article 18 of the basic Regulation for the determination of the existence of the significant distortions in China.

• (32) In the Notice of Initiation, the Commission also specified that, in view of the evidence available, it may need to select an appropriate representative country pursuant to Article 2(6a)(a) of the basic Regulation for the purpose of determining the normal value based on undistorted prices or benchmarks.

• (33) On 13 May 2025, the Commission informed by a note (‘the First Note’) interested parties on the relevant sources it intended to use for the determination of the normal value. In that note, the Commission provided a list of all factors of production, such as raw materials, labour and energy used in the production of adipic acid. In addition, based on the criteria guiding the choice of undistorted prices or benchmarks, the Commission identified possible representative countries, namely Brazil and Mexico. The Commission received comments on the First Note from the complainants and both sampled exporting producers.

• (34) Comments were made with regard to the choice of the representative country, the benchmark to be used for the input benzene, the customs code classification for certain inputs and the designation of cyclohexane as a by-product. These comments were addressed in the relevant sections below (Sections 3.3.4.1, 3.3.5 and 3.3.5.1).

• (35) On 11 July 2025, the Commission addressed the comments received from interested parties on the First Note in a second note to the file (‘the Second Note’) and informed interested parties on the relevant sources it intended to use for the determination of the normal value, with Brazil as the representative country. It also informed interested parties that it would establish selling, general and administrative costs (‘SG&A’) and profits based on available information for Rhodia Brasil, S.A. (‘Rhodia’), a producer in the representative country, if data covering the year 2024 would become available, alternatively that of Dexxos Participacoes S.A. (‘Dexxos’), a chemical producer in the representative country.

• (36) Comments on the Second Note were received from Huafon and Zhonghao. These comments are addressed in Section 3.3.3.

3.3.   Normal value

• (37) According to Article 2(1) of the basic Regulation, ‘the normal value shall normally be based on the prices paid or payable, in the ordinary course of trade, by independent customers in the exporting country’.

• (38) However, according to Article 2(6a)(a) of the basic Regulation, ‘in case it is determined … that it is not appropriate to use domestic prices and costs in the exporting country due to the existence in that country of significant distortions within the meaning of point (b), the normal value shall be constructed exclusively on the basis of costs of production and sale reflecting undistorted prices or benchmarks’, and ‘shall include an undistorted and reasonable amount of administrative, selling and general costs and for profits’ (‘administrative, selling and general costs’ is hereinafter referred to as ‘SG&A’).

• (39) As further explained below, the Commission concluded in the present investigation that, based on the evidence available, and in view of the lack of cooperation of the GOC, the application of Article 2(6a) of the basic Regulation was appropriate.

3.3.1.   Existence of significant distortions

• (40) In recent investigations concerning the chemical sector in China [^ntr5-L_202502287EN.000101-E0005], the Commission found that significant distortions in the sense of Article 2(6a)(b) of the basic Regulation were present.

• (41) In those investigations, the Commission found that there is substantial government intervention in China resulting in a distortion of the effective allocation of resources in line with market principles [^ntr6-L_202502287EN.000101-E0006]. In particular, the Commission concluded that in the chemical sector not only does a substantial degree of ownership by the GOC persist in the sense of Article 2(6a)(b), first indent of the basic Regulation [^ntr7-L_202502287EN.000101-E0007], but the GOC is also in a position to interfere with prices and costs through State presence in firms in the sense of Article 2(6a)(b), second indent of the basic Regulation [^ntr8-L_202502287EN.000101-E0008]. The Commission further found that the State’s presence and intervention in the financial markets, as well as in the provision of raw materials and inputs have an additional distorting effect on the market. Indeed, overall, the system of planning in China results in resources being concentrated in sectors designated as strategic or otherwise politically important by the GOC, rather than being allocated in line with market forces [^ntr9-L_202502287EN.000101-E0009]. Moreover, the Commission concluded that the Chinese bankruptcy and property laws do not work properly in the sense of Article 2(6a)(b), fourth indent of the basic Regulation, thus generating distortions in particular when maintaining insolvent firms afloat and when allocating land use rights in China [^ntr10-L_202502287EN.000101-E0010]. In the same vein, the Commission found distortions of wage costs in the chemical sector in the sense of Article 2(6a)(b), fifth indent of the basic Regulation [^ntr11-L_202502287EN.000101-E0011], as well as distortions in the financial markets in the sense of Article 2(6a)(b), sixth indent of the basic Regulation, in particular concerning access to capital for corporate actors in China [^ntr12-L_202502287EN.000101-E0012].

• (42) Like in previous investigations concerning the chemical sector in China, the Commission examined in the present investigation whether it was appropriate or not to use domestic prices and costs in China, due to the existence of significant distortions within the meaning of point (b) of Article 2(6a) of the basic Regulation. The Commission did so on the basis of the evidence available on the file, including the evidence contained in the complaint, and in the Commission Staff Working Document on Significant Distortions in the Economy of the People’s Republic of China for the Purposes of Trade Defence Investigations [^ntr13-L_202502287EN.000101-E0013] (‘Report’), which relies on publicly available sources. That analysis covered the examination of the substantial government interventions in China’s economy in general, but also the specific market situation in the relevant sector including the product under investigation. The Commission further supplemented these evidentiary elements with its own research on the various criteria relevant to confirm the existence of significant distortions in China as also found by its previous investigations in this respect.

• (43) The complaint alleged that significant distortions exist in the Chinese adipic acid sector. It referred to the Report and in particular to China’s economic system being a ‘socialist market economy’ and the active role of the Chinese Communist Party (‘CCP’) in both the public and private sectors in China.

• (44) More specifically, the complaint pointed out that:

• — There is State intervention in the chemical sector and the adipic acid market in particular. In this regard, the complaint referred to the specific chapter on chemicals of the Report to highlight the significant overcapacities present in the Chinese chemicals market. By way of example, Chongqing Huafeng Chemical Co. (also called Huafon [^ntr14-L_202502287EN.000101-E0014]), the major adipic acid producer worldwide, built the world’s biggest adipic acid plant in the region of Fuling in 2023, which made it the biggest export base of adipic acid in China [^ntr15-L_202502287EN.000101-E0015].

• — The main legal and regulatory instrument regulating the GOC’s intervention in the chemical sector is the 14th Five-Year Plan (‘FYP’), which sets forward the GOC’s intention to promote and optimise the manufacturing industry with a particular focus on the chemical industry. Additionally, the 14th FYP on Developing the Raw Materials Industry targets the chemical and petrochemical industries as protected and incentivised industries. The Guiding Opinion on Promoting the High-Quality Development of the Petrochemical and Chemical Industry during the 14th FYP also provides for further State intervention in the chemical industry. The complaint also refers to various province-specific systems of sub-plans aimed at further organising State intervention in the chemical sector (including in particular the creation of chemical industrial parks), including the Shandong 14th FYP on the Development of the Chemical Industry and the Jiangsu 14th FYP on High-End Development of the Chemical Industry. Both provinces have the strongest presence of companies producing adipic acid in China. The Chongqing Chemical Industry Development Action Plan (2021-2025) specifically mentions the importance of developing increased capacities of adipic acid in the region [^ntr16-L_202502287EN.000101-E0016].

• — The market of adipic acid is being served to a significant extent by enterprises that operate under the ownership, control or policy supervision or guidance by the GOC. The complaint argued that the GOC and CCP exercise control over both State-owned enterprises (‘SOEs’) and private companies in the chemical sector. The GOC established the State-owned Assets Supervision and Administration Commissions (‘SASAC’) to represent the State’s shareholder interests in SOEs. Its basic functions guiding the reform of SOEs, taking daily charge of supervisory panels assigned to large SOEs, appointing and removing chief executives and other top management officials of SOEs, and supervising the preservation and appreciation of value of State-owned assets. In addition, the GOC adopted the Law on State-owned Assets of Enterprises which mandates State control and ownership over strategic industries, such as the chemical industry. Several key producers of adipic acid in China are SOEs, including for example Liaoyang Petrochemical Co. Additionally, Huafeng Chemical Co., a privately owned produced and exporter of adipic acid, has a strong presence of CCP members among its shareholders and management bodies [^ntr17-L_202502287EN.000101-E0017].

• — The Chinese presence in adipic acid companies allows the State to interfere with respect to prices or costs. One of the main strategies of the GOC to maintain control over SOEs is the appointment of personnel management, often members of the CCP. Additionally, SOEs in China benefit from preferential access to a wide variety of inputs like land and energy, but also to financing systems. The strong State intervention within companies results therefore in a distorted allocation of resources, which is then translated into distorted costs and distorted prices for the products manufactured. For example, the complaint argued that it is no coincidence that China is one of the main producers of cyclohexane, which is the main raw material used in the production of adipic acid. Overcapacities in the production of cyclohexane resulted in bigger investments in downstream industries, including adipic acid. Moreover, the GOC maintains a 40 % export tax on benzene, the main precursor of cyclohexane, which in turn prevents exports of benzene from China leading to overcapacities and reduced prices [^ntr18-L_202502287EN.000101-E0018].

• — There is State intervention in the energy sector and in the electricity market. The GOC ensures artificially low prices of coal through schemes of direct subsidies, preferential financing and price controls. Additionally, according to the complaint, the electricity market in China is served to a significant extent by enterprises operating under the control of the Chinese authorities and free market forces in the energy markets are influenced by GOC public policies [^ntr19-L_202502287EN.000101-E0019].

• — The GOC has consistently given a strong focus to the chemical industry in its different policy documents and shaped its measures to favour domestic chemical producers. In this regard, the complaint referred to the various government plans, as also listed above [^ntr20-L_202502287EN.000101-E0020].

• — There is a lack of, a discriminatory application of or inadequate enforcement of bankruptcy, corporate or property laws in China and wage costs are being distorted [^ntr21-L_202502287EN.000101-E0021].

• — Adipic acid producers in China have access to finance granted by institutions that implement public policy objectives or are otherwise not acting independently from the State [^ntr22-L_202502287EN.000101-E0022].

• (45) In conclusion, the complaint took the position that prices or costs, including the costs of raw materials, energy and labour, are not the result of free market forces because they are affected by substantial government intervention within the meaning of Article 2(6a)(b) of the basic Regulation. On that basis, according to the complaint, it is not appropriate to use domestic prices and costs to establish normal value in this case.

• (46) The Commission examined whether it was appropriate or not to use domestic prices and costs in China, due to the existence of significant distortions within the meaning of point (b) of Article 2(6a) of the basic Regulation. That analysis covered the examination of the substantial government interventions in China’s economy in general, but also the specific market situation in the relevant sector including the product concerned.

• (47) In this regard, the Commission first assessed whether the adipic acid sector in China is being served to a significant extent by enterprises which operate under the ownership, control or policy supervision or guidance of the Chinese authorities, within the meaning of the first indent of Article 2(6a)(b) of the basic Regulation. The sector of the product concerned is served by both private companies, such as Chongqing Huafeng Chemical Co. [^ntr23-L_202502287EN.000101-E0023], Shandong Haili Chemical [^ntr24-L_202502287EN.000101-E0024], Hengli Petrochemical [^ntr25-L_202502287EN.000101-E0025], a subsidiary of Hengli Group, as well as by SOEs such as Kailuan Energy Chemical Co. Ltd [^ntr26-L_202502287EN.000101-E0026]. The exact ratio of private versus State-owned producers in the adipic acid market could not be determined. However, the Commission found that several producers are directly controlled by the State. Examples include Shandong Hualu Hengsheng Chemical Co., Ltd. [^ntr27-L_202502287EN.000101-E0027], the second largest Chinese domestic producer of adipic acid [^ntr28-L_202502287EN.000101-E0028], of which 32,08 % of the shares are State-owned [^ntr29-L_202502287EN.000101-E0029]. Additionally, Shenma Industrial Co. Ltd. [^ntr30-L_202502287EN.000101-E0030], an SOE ultimately controlled by the Henan Provincial Government State-owned Assets Supervision and Administration Commission [^ntr31-L_202502287EN.000101-E0031] is the third largest Chinese producer of adipic acid [^ntr32-L_202502287EN.000101-E0032]. Also, Tangshan Zhonghao Chemical Co., Ltd [^ntr33-L_202502287EN.000101-E0033], a wholly owned subsidiary of Kailuan Energy Chemical Co., which is an SOE ultimately controlled by the Hebei Provincial Government State-owned Assets Supervision and Administration Commission [^ntr34-L_202502287EN.000101-E0034], is among the producers of adipic acid.

• (48) Moreover, CCP interventions into operational decision-making have become the norm, not only in SOEs but also in private companies [^ntr35-L_202502287EN.000101-E0035], with the CCP claiming leadership over virtually every aspect of the country’s economy. Indeed, the State’s influence by means of CCP structures within companies effectively results in economic operators being under the government’s control and policy supervision, given how far the State and Party structures have grown together in China.

• (49) The investigation found that the industry national association covering the chemical sector is the China Petroleum and Chemical Industry Federation (‘CPCIF’). The CPCIF adheres to the overall leadership of the CCP, carries out Party activities, and provides necessary conditions for the activities of party organisations [^ntr36-L_202502287EN.000101-E0036]. Moreover, the ‘registration and management authority of the Association is the Ministry of Civil Affairs’ [^ntr37-L_202502287EN.000101-E0037] and the conditions to be eligible as a representative of the CPCIF include to ‘adhere to the leadership of the CCP, support socialism with Chinese characteristics, resolutely implement the Party’s line, principles, and policies, and possess good political qualities’ [^ntr38-L_202502287EN.000101-E0038].

• (50) Hengli Group is a member of CPCIF [^ntr39-L_202502287EN.000101-E0039]and is one of its executive directors [^ntr40-L_202502287EN.000101-E0040].

• (51) More specifically, the investigation found that the industry national association representing the producers of adipic acid is the China Chemical Fibers Association (‘CCFA’). The CCFA adheres to the overall leadership of the CCP, carries out Party activities, and provides necessary conditions for the activities of party organisations [^ntr41-L_202502287EN.000101-E0041]. Moreover, the ‘registration and management authority of the Association is the Ministry of Civil Affairs’ [^ntr42-L_202502287EN.000101-E0042] and the conditions to be eligible as a representative of the CCFA include to ‘adhere to the leadership of the CCP, support socialism with Chinese characteristics, resolutely implement the Party’s line, principles, and policies, and possess good political qualities’ [^ntr43-L_202502287EN.000101-E0043].

• (52) Chongqing Huafeng Chemical Co. and Shenma Industrial Co. Ltd are members of CCFA [^ntr44-L_202502287EN.000101-E0044].

• (53) Both public and privately owned enterprises in the chemical sector are subject to policy supervision and guidance. The latest Chinese policy documents concerning the chemical and petrochemical sector confirm the continued importance which the GOC attributes to the sector, including the intention to intervene in the sector to shape it in line with the government policies. This is exemplified by the 14th FYP on Economic and Social Development and 2035 Perspectives, according to which the GOC intends to ‘accelerate the transformation and upgrading of key industries such as chemicals’ [^ntr45-L_202502287EN.000101-E0045] .

• (54) Additionally, the Guiding Opinion on Promoting the High-Quality Development of the Petrochemical and Chemical Industries during the 14th FYP [^ntr46-L_202502287EN.000101-E0046] (‘the Guiding Opinion’) also stipulates that the GOC will ‘accelerate the transformation and upgrading of traditional industries, vigorously develop new chemical materials and fine chemicals, […]and foster China’s transition from a large petrochemical and chemical country into a strong petrochemical and chemical power. […] By 2025, […] [t]he production concentration of bulk chemical products will be further improved, and the capacity utilization rate will reach more than 80 %; the supply security of new chemical materials will reach more than 75 %’ [^ntr47-L_202502287EN.000101-E0047]. Also, the GOC shall ‘[a]ccelerate the development of high-end polyolefins, electronic chemicals, industrial specialty gases, high-performance rubber and plastics, high-performance fibers’ and, regarding the adipic acid downstream industries, the GOC intends to ‘expand the variety and specifications of materials such as […] polyurethanes, and polyamides’ [^ntr48-L_202502287EN.000101-E0048]. In addition, the GOC shall ‘[p]romote industrial structure adjustment: strengthen specific measures and scientifically regulate the scale of the industry’ [^ntr49-L_202502287EN.000101-E0049] .

• (55) More specifically, the Guiding Opinion on the High Quality Development of the Chemical Fibers Industry [^ntr50-L_202502287EN.000101-E0050] stipulates that the GOC shall ‘[p]romote the development of a high-performance fiber and composite material innovation platform […] aim[ing] to establish a comprehensive industry chain encompassing basic chemical raw materials, high-performance fibers/high-performance polymers, composite materials and product molding and processing, product testing and evaluation, and product application’ [^ntr51-L_202502287EN.000101-E0051].

• (56) Similar examples of the intention of the Chinese authorities to supervise and guide the developments of the adipic acid sector can be found at the provincial level, such as in the Shandong 14th FYP on the Development of the Chemical Industry [^ntr52-L_202502287EN.000101-E0052] seeking to ‘[c]omprehensively promote the upgrading of industrial foundation and modernization of industrial chain, accelerate the withdrawal of backward and inefficient production capacity, and promote the development of chemical products in the direction of functionalization, refinement and differentiation. Guide enterprises to merge and reorganize, optimize resource allocation and industrial chain structure, and improve production efficiency and profitability’ [^ntr53-L_202502287EN.000101-E0053].

• (57) This Shandong 14th FYP also specifically covers the adipic acid upstream and downstream industry sectors and requires ‘to highlight the leading role of chemical parks and leading enterprises, and accelerate the development of the entire industrial chain from basic chemical raw materials to high-end chemical new materials […] [and] focus on developing high-end polyolefins, polyurethanes, and polyamides, as well as high-tech, high-value-added new materials products’ [^ntr54-L_202502287EN.000101-E0054].

• (58) Another example of the intention of the Chinese authorities to supervise and guide the developments of the adipic acid sector at the provincial level can be found in the Henan 14th FYP on Developing Strategic and Emerging Industries as well as Industries of the Future [^ntr55-L_202502287EN.000101-E0055] seeking to ‘[a]ccelerate the development of the nylon new materials industry. Based on a comprehensive assessment of resource and environmental capacity, rationally expand the production of upstream raw materials such as adipic acid, caprolactam, and nylon 66 polymer’ [^ntr56-L_202502287EN.000101-E0056].

• (59) Similarly, the Chongqing 14th FYP on the High Quality Development of the Manufacturing Industry seeks to ‘[l]everage local MDI (diphenylmethane diisocyanate) and AA (adipic acid) production capacity in order to strengthen the planning and development of projects such as epoxy compounds and polyether polyols’ and seeks to further expand downstream the polyurethane industry as well as the nylon 66 industry [^ntr57-L_202502287EN.000101-E0057].

• (60) As to the GOC being in a position to interfere with prices and costs through State presence in firms in the sense of Article 2(6a)(b), second indent of the basic Regulation, the Commission found that the role of the Party Organisation at Huafeng Chemicals consists in ‘[t]ransforming the Party’s political advantages into Huafeng’s development advantages; […] [p]laying […] a political leadership role in corporate development; […] [g]etting integrated into production and operations’ [^ntr58-L_202502287EN.000101-E0058] .

• (61) Furthermore, the deputy executive general manager of Chongqing Huafeng Chemical Co. also serves as the secretary of the Party Committee and as a Party representative to the Chongqing Municipality [^ntr59-L_202502287EN.000101-E0059].

• (62) The Party Committee of Shandong Hualu Hengsheng Chemical Co., Ltd ‘has come to a profound understanding that the purpose, position and fundamental task of the Party in state-owned enterprises is to ensure Party building, guide development and boost operations […] Based on this understanding, the company’s Party Committee, guided by the Party’s innovative theories, has elevated the positioning of Party-building work from “service and support” to “integration and promotion”, and then gradually upgraded to “leadership and coordination”’ [^ntr60-L_202502287EN.000101-E0060].

• (63) The chairman of Shandong Hualu Hengsheng Chemical Co., Ltd also serves as the secretary of the Party Committee [^ntr61-L_202502287EN.000101-E0061].

• (64) The chairman of Shenma Industrial Co. Ltd also serves as the secretary of the Party Committee [^ntr62-L_202502287EN.000101-E0062].

• (65) It was not possible to systematically establish the existence of personal connections between all of the Chinese adipic acid producers and the CCP. However, given that the product under investigation represents a subsector of the chemical sector, the Commission considered that the information established in the recent investigations concerning the chemical sector, as indicated in recital 41, is relevant also to the product under investigation.

• (66) Further, policies discriminating in favour of domestic producers or otherwise influencing the market in the sense of Article 2(6a)(b), third indent of the basic Regulation, are in place in the adipic acid sector. The Commission identified several documents demonstrating that the adipic acid industry benefits from the governmental guidance and intervention into the chemical sector, given that adipic acid represents a subsector of the chemical sector. Furthermore, the Commission also found documents specifically addressing the adipic acid sector.

• (67) The chemical industry is consistently regarded as a key industry by the GOC [^ntr63-L_202502287EN.000101-E0063]. This is confirmed in the numerous plans, directives and other documents focused on chemicals, which are issued at national, regional, and municipal level. Under the 14th FYP, the GOC earmarked the chemical industry for optimisation and upgrade [^ntr64-L_202502287EN.000101-E0064]. Similarly, the 14th FYP on Developing the Raw Materials Industry stipulates that the GOC will ‘Optimize the organizational structure: Make leading enterprises bigger and stronger. […] [S]upport enterprises to accelerate cross-regional and cross-ownership mergers and reorganizations, increase industrial concentration, and conduct international operations. In the chemical, petrochemical, steel, non-ferrous metals, building materials and other industries, cultivate a group of leading enterprises in the industrial chain with ecological dominance and core competitiveness’ [^ntr65-L_202502287EN.000101-E0065].

• (68) More specifically, the Fuling District, located in the Chongqing Municipality, is ‘accelerating its transformation from a major industrial district into a hub for advanced manufacturing […] attracting a number of leading enterprises and upstream and downstream related companies around 10 key industry chains’ [^ntr66-L_202502287EN.000101-E0066]. The Fuling District has established a ‘RMB 90 billion worth industry cluster focusing on materials’, including a project developed by Chongqing Huafeng Chemical Co. with an annual output of 400 000 tons of adipic acid. Furthermore, in July 2022, Chongqing Huafeng Chemical signed a strategic cooperation agreement with the Fuling District [^ntr67-L_202502287EN.000101-E0067].

• (69) Moreover, the Shandong province also seeks to ‘[a]ctively promote projects to build, supplement, extend, and strengthen supply chains, […] addressing both “breakpoints” and “blockages” in the supply chain. Construction has commenced on a number of major projects, including the […] Hualu Hengsheng’s nylon 6 project, which will significantly drive high-end development of the supply chain’ [^ntr68-L_202502287EN.000101-E0068].

• (70) Additionally, Shandong Hualu Hengsheng Chemical Co., Ltd. signed a Cooperation Agreement with the Shandong branch of the state-owned Bank of China on ‘key industry investment and financing projects’ [^ntr69-L_202502287EN.000101-E0069].

• (71) Also, Tangshan Zhonghao Chemical Co., Ltd describes its 150 000 tons/year adipic acid production programme as one of the ‘industrial projects encouraged by the state, and listed as a “core support project”[…] in the Hebei Province’ [^ntr70-L_202502287EN.000101-E0070].

• (72) In sum, the GOC has measures in place to induce operators to comply with the public policy objectives of supporting encouraged industries, including the production of the product under investigation. Such measures impede market forces from operating freely.

• (73) The present investigation has not revealed any evidence that the discriminatory application or inadequate enforcement of bankruptcy and property laws in the chemical sector, according to Article 2(6a)(b), fourth indent of the basic Regulation would not affect the manufacturers of the product under investigation.

• (74) Further, the product under investigation is also affected by the distortions of wage costs in the sense of Article 2(6a)(b), fifth indent of the basic Regulation, as referred to above in recital 41. Those distortions affect the sector both directly (when producing the product under investigation or the main inputs), as well as indirectly (when having access to inputs from companies subject to the same labour system in China) [^ntr71-L_202502287EN.000101-E0071].

• (75) Moreover, no evidence was submitted in the present investigation demonstrating that the adipic acid sector is not affected by the government intervention in the financial system in the sense of Article 2(6a)(b), sixth indent of the basic Regulation. The abovementioned Guiding Opinion requiring to ‘improve supporting policies, strengthen the coordination between fiscal, financial, regional, investment, import and export […] policies with the industry policies [to] give full play to the national cooperation platform between industry and finance and [to] foster the connection between enterprises and banks’ [^ntr72-L_202502287EN.000101-E0072] also exemplifies this type of government intervention very well. Therefore, the substantial government intervention in the financial system leads to the market conditions being severely affected at all levels.

• (76) Finally, the Commission recalls that in order to produce the product under investigation, a number of inputs is needed. When the producers of the product under investigation purchase/contract these inputs, the prices they pay (and which are recorded as their costs) are clearly exposed to the same systemic distortions mentioned before. For instance, suppliers of inputs employ labour that is subject to the distortions. They may borrow money that is subject to the distortions on the financial sector/capital allocation. In addition, they are subject to the planning system that applies across all levels of government and sectors.

• (77) As a consequence, not only the domestic sales prices of the product under investigation are not appropriate for use within the meaning of Article 2(6a)(a) of the basic Regulation, but all the input costs (including raw materials, energy, land, financing, labour, etc.) are also affected because their price formation is affected by substantial government intervention, as described in Parts I and II of the Report. Indeed, the government interventions described in relation to the allocation of capital, land, labour, energy and raw materials are present throughout China. This means, for instance, that an input that in itself was produced in China by combining a range of factors of production is exposed to significant distortions. The same applies for the input to the input and so forth.

• (78) In sum, the evidence available showed that prices or costs of the product under investigation, including the costs of raw materials, land, energy and labour, are not the result of free market forces because they are affected by substantial government intervention within the meaning of Article 2(6a)(b) of the basic Regulation, as shown by the actual or potential impact of one or more of the relevant elements listed therein.

3.3.2.   Arguments raised by interested parties

• (79) The GOC did not comment or provide evidence supporting or rebutting the existing evidence on the case file, including the Report and the additional evidence provided by the complainants, on the existence of significant distortions and/or appropriateness of the application of Article 2(6a) of the basic Regulation in the case at hand.

• (80) The Commission did not at this stage receive any comments concerning the significant distortions affecting the adipic acid industry from any of the Chinese exporting producers.

3.3.3.   Conclusion

• (81) In view of the above, the Commission concluded that it is not appropriate to use domestic prices and costs to establish normal value in this case. Consequently, the Commission proceeded to construct the normal value exclusively on the basis of costs of production and sale reflecting undistorted prices or benchmarks, that is, in this case, on the basis of corresponding costs of production and sale in an appropriate representative country, in accordance with Article 2(6a)(a) of the basic Regulation, as described in the following section.

3.3.4.   Representative country

3.3.4.1.   General remarks

• (82) The choice of the representative country was based on the following criteria pursuant to Article 2(6a) of the basic Regulation:

• — A level of economic development similar to China. For this purpose, the Commission used countries with a gross national income per capita similar to China on the basis of the database of the World Bank [^ntr73-L_202502287EN.000101-E0073].

• — Production of the product under investigation in that country.

• — Existence of relevant readily available data in the representative country.

• — Where there is more than one possible representative country, preference was given, where appropriate, to the country with an adequate level of social and environmental protection.

• (83) As explained in recitals 33 to 35, the Commission issued two notes for the file on the sources for the determination of the normal value on 13 May 2025 and on 11 July 2025. These notes described the facts and evidence underlying the relevant criteria, and also addressed the comments received by the parties on these elements and on the relevant sources. In the Second Note, the Commission informed interested parties of its intention to consider Brazil as an appropriate representative country in the present case if the existence of significant distortions pursuant to Article 2(6a) of the basic Regulation was confirmed.

A level of economic development similar to China

• (84) In the First Note on production factors, the Commission identified Brazil and Mexico as countries with a similar level of economic development as China according to the World Bank, i.e. they are all classified by the World Bank as ‘upper-middle income’ countries on a gross national income basis where production of the product under investigation was known to take place.

• (85) Comments were received from sampled exporting producer Huafon, who claimed that Brazil could not be considered a representative country since (1) the readily available financial statements of the two identified producers in Brazil did not align with the investigation period; (2) Brazil had no significant imports of the input material benzene; and (3) that country had anti-dumping measures in place on adipic acid products imported from China and other countries since 2015, which affected the financial results of Brazilian producers of adipic acid.

• (86) With regard to the first point, the Commission noted that whereas the financial statements of the two identified producers in Brazil which were readily available at the time of addressing the comments on the First Note indeed did not align with the investigation period, Huafon failed to provide an alternative readily available financial data which would cover the investigation period. Moreover, Huafon provided no evidence suggesting that the data selected would lead to amounts for SG&A costs and for profit that would not be ‘reasonable’ within the meaning of Article 2(6a)(a). Furthermore, in its comments, Huafon itself considered Mexico as a possible appropriate representative country, although the financial data available for the identified Mexican producer was even older (year 2021) than that of the two identified Brazilian producers (2022 and 2023, respectively). In any case, as explained in recital 93 below, financial data of the Brazilian producer Rhodia became available for the investigation period. This claim was therefore rejected.

• (87) With regard to the absence of imports of benzene in Brazil, in the First Note the Commission considered the use of an alternative benchmark and invited parties to propose possible sources, in accordance with Article 2(6a)(a) of the basic Regulation which states that the Commission may use, for example, corresponding costs of production and sales in an appropriate representative country or undistorted international prices, costs, or benchmarks. In its comments Huafon pointed to the fact that there was an alternative dataset available in GTA, ‘Mexico (BOL)’, which, in contrast with the Commission’s findings in its First Note, did show significant imports of benzene into Mexico. The BOL dataset was added to GTA in 2021, aggregated from PIERS bill of lading data for Mexico, to include trade statistics that would normally not show up in GTA due to confidentiality issues [^ntr74-L_202502287EN.000101-E0074]. This dataset showed that there were, in fact, significant import volumes of benzene into Mexico during the investigation period.

• (88) As for the Brazilian anti-dumping measures in place for the imports of adipic acid from China, France, Germany, Italy, and the United States, the Commission considered that such measures are intended to create a level playing field. The fact that such measures are in place prevents Brazilian adipic acid producers from competing with dumped imports from certain third countries. Rather than affecting the financial results of Brazilian producers undermining the suitability of such data in establishing a representative benchmark, as alleged by Huafon, this meant that the financial results of the Brazilian producers were in line with results to be obtained under normal market circumstances – i.e. not affected by the negative effect of imported dumped products. The claim was therefore rejected.

• (89) In light of the aforementioned three reasons (lack of financial data, the issues with benzene and the existing anti-dumping measures in Brazil), Huafon considered that Malaysia would be a more appropriate representative country. Huafon claimed that, in contrast with Brazil, Malaysia fulfilled all criteria of Article 2(6a)(a) of the basic Regulation, except the point on production of the product under investigation. In this respect, Huafon pointed to footnote 4 of the First Note, which indicated that production of a product in the same general category and/or sector of the product under investigation may be considered.

• (90) However, that footnote stated that, ‘production of a product in the same general category and/or sector of the product under investigation may be considered if there is no production of the product under investigation in any country with a similar level of economic development’ (emphasis added). Since there was adipic acid production in Brazil and Mexico, this condition was not met. Malaysia could thus not be considered as a potential representative country as long as there was another country with the production of the product under investigation fulfilling all the criteria listed in recital 82 above. The Commission therefore considered, that Brazil fulfilled the four criteria for a representative country.

Existence of relevant readily available data in the representative country

• (91) In the First Note the Commission indicated that for the countries identified as countries where the product under investigation is being produced, i.e. Brazil and Mexico, the availability of data needed to be further verified in particular with regard to the readily available financial data from producers of the product under investigation.

• (92) With regard to Mexico, the publicly available financial data for the only company producing the product under investigation related to the year 2021. With regard to Brazil, the readily available financial data for the two identified companies producing the product under investigation related to the years 2022 and 2023, respectively. Therefore the financial data for neither Mexico nor Brazil overlapped with the investigation period at the time of the Second Note.

• (93) However, after the deadline for comments on the Second Note, the financial data for the year 2024 became available for the Brazilian producer of adipic acid, Rhodia [^ntr75-L_202502287EN.000101-E0075]. The arguments in the previous recital therefore had become moot and did not require further consideration. The Commission used Rhodia’s financial data for the investigation period.

3.3.4.2.   Conclusion

• (94) In view of the above analysis, Brazil met the criteria laid down in Article 2(6a)(a), first indent of the basic Regulation to be selected as an appropriate representative country.

3.3.5.   Sources used to establish undistorted costs

• (95) In the First Note, the Commission listed the factors of production such as materials, energy and labour used in the production of the product under investigation by the exporting producers and invited the interested parties to comment and propose publicly available information on undistorted values for each of the factors of production mentioned in that note.

• (96) Subsequently, in the Second Note, the Commission stated that, in order to construct the normal value in accordance with Article 2(6a)(a) of the basic Regulation, it would use GTA to establish the undistorted cost of most of the factors of production, notably the raw materials. For the raw material benzene, the Commission stated its intention to use the GTA dataset Mexico (BOL) [^ntr76-L_202502287EN.000101-E0076] as proposed by Huafon.

• (97) In the Second Note, the Commission had indicated that a more detailed customs code classification of the by-product dibasic acid would be defined after the verification process. In their comments on the Second Note, both sampled exporting producers Huafon and Zhonghao commented on the correct customs code to use for dibasic and dicarboxylic acid. Following the verification visits, their comments and the evidence presented on spot such as the chemical composition of these products, the Commission decided to use the customs codes as reported by one of the parties to the customs authorities and which corresponds best to the mixture of acids as verified on spot, i.e. customs code 3824 99 00 .

• (98) In addition, in the Second Note the Commission stated that it would use the statistics published by the Insitituto Brasileiro de Geografia e Estatística (‘IBGE’) for establishing undistorted costs of labour [^ntr77-L_202502287EN.000101-E0077], the industrial electricity price statistics published by the Ministry of Mines and Energy of Brazil [^ntr78-L_202502287EN.000101-E0078], the price of natural gas for industrial users in Brazil as published by the Ministry of Mines and Energy of Brazil [^ntr79-L_202502287EN.000101-E0079], the water tariff charged by Companhia de Saneamento Básico do Estado de São Paulo (‘SABESP’) [^ntr80-L_202502287EN.000101-E0080] and using the methodology suggested by the U.S. Department for Energy [^ntr81-L_202502287EN.000101-E0081] to calculate the price of steam in Brazil.

• (99) In their comments on the Second note, Huafon claimed that instead of using the IBGE data for calculating the labour benchmark, the Commission should use data from the International Labour Organization (‘ILO’). This because the IBGE data dated back to 2022 and had to be indexed to be appropriate for the investigation period. However, later in the investigation, the IBGE made available labour data for the year 2023. The Commission therefore decided to use the IBGE 2023 data, indexed for 2024. The Commission considered that using the IBGE’s own data would be more accurate than that of the ILO because it is the official source for labour data in Brazil. The ILO also uses the IBGE data for its database, but adapts it to enable international comparison and will refer back to the IBGE for any specific statistics and details. The claim was therefore rejected.

• (100) With regard to the labour benchmark, Huafon also claimed that the Commission should (1) use the producer price index for the indexation, instead of using the consumer price index; (2) use the correct chemical sector; as well as (3) rectify a clerical error in the appropriate exchange rate. The Commission agreed with these claims and recalculated the benchmark accordingly.

• (101) Huafon also claimed that the Brazilian benchmark for water was inappropriate. According to Huafon, 2024 was a year with extreme drought in Brazil, affecting water prices rendering them extremely high and thereby not representative. As an alternative, Huafon suggested using Mexico as a representative country for the water benchmark. The Commission disagreed. Although there was indeed a drought during 2024, no evidence was provided of the impact of that drought on the price of water. The region in which Rhodia (the representative Brazilian adipic acid producer) was located, was not part of the Amazonas region referenced in the document provided by Huafon regarding the drought [^ntr82-L_202502287EN.000101-E0082]. Historical data on water tariffs for that particular region, in as far as publicly available [^ntr83-L_202502287EN.000101-E0083], also did not indicate a drastic rise in prices during 2024. The Commission therefore rejected this claim and continued to consider the Brazilian benchmark as appropriate.

• (102) In the Second Note, the Commission also informed interested parties that due to the large number of factors of production reported by the sampled exporting producers and the negligible weight of some of the raw materials in the total cost of production, a number of items were grouped under ‘consumables’ (accounting together for significantly less than 10 % of the cost of production). Further, the Commission informed interested parties that it would calculate the percentage of the consumables on the total cost of raw materials and apply this percentage to the recalculated cost of raw materials when establishing the normal value based on the corresponding undistorted benchmarks in the appropriate representative country.

3.3.5.1.   Factors of production

• (103) Considering all the information submitted by the interested parties and collected during the verification visits, the following factors of production and their sources have been identified in order to determine the normal value in accordance with Article 2(6a)(a) of the basic Regulation:

Factors of production of adipic acid

Factor of Production	NCM Code[^ntr84-L_202502287EN.000101-E0084]	Source	Unit of measurement	Unit value (RMB)
Raw materials	Raw materials	Raw materials	Raw materials
Benzene	2902 20 00	GTA[^ntr85-L_202502287EN.000101-E0085]	kg	10,05
Anhydrous Ammonia	2814 10 00	GTA	kg	3,87
Labour	Labour	Labour	Labour
Labour	n/a	IBGE	hour	95,20
Energy	Energy	Energy	Energy
Bituminous Coal	2701 12 00	GTA	kg	1,42
Electricity	n/a	Ministry of Mines and Energy of Brazil	MWh	0,97
Water	n/a	SABESP	KL	41,53
Natural Gas	n/a	Ministry of Mines and Energy of Brazil	TJ or M3	4,03
Steam	n/a	Ministry of Mines and Energy of Brazil	Metric tonne	328,56
By-products	By-products	By-products	By-products
Cyclohexane	2902 11 00	GTA	kg	11,42
Dibasic or Dicarboxylic acid	3824 99 00	GTA	kg	22,87

• (104) The Commission included a value for manufacturing overhead costs in order to cover costs not included in the factors of production referred to above. To establish this amount, the Commission used the manufacturing overhead cost incurred by the sampled exporting producers, duly adjusted to an undistorted level. The methodology is duly explained in recitals 118 to 120.

Raw materials

• (105) In order to establish the undistorted price of raw materials as delivered at the gate of a representative country producer, the Commission used as a basis the weighted average import price to the representative country as reported in GTA, to which import duties and transport costs were added. An import price in the representative country was determined as a weighted average of unit prices of imports from all third countries excluding China and countries which are not members of the WTO, listed in Annex 1 of Regulation (EU) 2015/755 of the European Parliament and the Council [^ntr86-L_202502287EN.000101-E0086]. The Commission decided to exclude imports from China into the representative country as it concluded in recital 81 that it is not appropriate to use domestic prices and costs in China due to the existence of significant distortions described in Article 2(6a)(b) of the basic Regulation. Given that there is no evidence showing that the same distortions do not equally affect products intended for export, the Commission considered that the same distortions affected export prices.

• (106) In their comments on the First Note, the complainants claimed that cyclohexane should not be considered as a by-product, since it is an intentionally produced intermediate product obtained through the hydrogenation of benzene. A by-product, on the other hand, is an unintended and unavoidable secondary output generated as a consequence of the main production process. However, from the sampled exporting producers’ comments on the First Note and as confirmed during the on-spot verifications, it was clear that the cyclohexene production route used by the sampled exporting producers did in fact generate (crude) cyclohexane as a by-product of the partial hydrogenation of benzene. In view of the above the Commission considered that (crude) cyclohexane should be considered as a by-product, and rejected the complainant’s claim.

• (107) In the Second Note, the Commission stated its intention to account for the observed price difference between crude and pure cyclohexane by using the ratio between the companies’ own cost for these inputs and apply it to the benchmark for pure cyclohexane. Zhonghao agreed to this approach in its comments on the Second Note, and Huafon marked its agreement during the on-spot verification.

• (108) For a number of factors of production, the actual costs incurred by the cooperating exporting producers represented a negligible share of total raw material costs in the investigation period. As the value used for these had no appreciable impact on the dumping margin calculations, regardless of the source used, the Commission decided to include those costs into consumables as explained in recital 102.

• (109) To determine the applicable import duties per goods code and country of origin, the Commission consulted the Market Access Map [^ntr87-L_202502287EN.000101-E0087]. The import duties were added to the CIF value recorded in the Brazilian import statistics as available in the GTA database.

• (110) The Commission expressed the transport cost incurred by the cooperating exporting producers for the supply of raw materials as a percentage of the actual cost of such raw materials and then applied the same percentage to the undistorted cost of the same raw materials in order to obtain the undistorted transport cost. The Commission considered that, in the context of this investigation, the ratio between the exporting producer’s raw material and the reported transport costs could be reasonably used as an indication to estimate the undistorted transport costs of raw materials when delivered to the company’s factory.

Labour

• (111) IBGE publishes detailed information on wages in different economic sectors in Brazil [^ntr88-L_202502287EN.000101-E0088]. The Commission used the latest available statistics covering 2023 for average labour cost in Sector 20.2, Fabricação de produtos químicos orgânicos. The IBGE statistics provide information on the total annual wages and related charges and on the number of employees in the chemical sector for the year 2023. Only information related to staff linked to production was considered. Values were indexed to the investigation period using the national producer price index [^ntr89-L_202502287EN.000101-E0089].

Electricity

• (112) The price of electricity for companies (industrial users) in Brazil is published by the Ministry of Mines and Energy of Brazil [^ntr90-L_202502287EN.000101-E0090]. The Commission used the data on the industrial electricity prices in the corresponding consumption band, as published in each month of 2024.

• (113) The rates published in the monthly bulletins include the Imposto sobre Circulação de Mercadorias e Serviços (ICMS), a state-level tax levied on the circulation of goods and on the provision of inter-state and inter-municipal transport and communication services. This tax is recoverable by industrial users and, accordingly, was deducted from the established benchmark.

• (114) As the ICMS was applied at rates ranging between 17 % and 18 % depending on the state, the Commission applied an average deduction of 17,5 % ICMS for the recalculation of the benchmark.

Natural gas

• (115) The price of natural gas for industrial users in Brazil is published by the Ministry of Mines and Energy of Brazil [^ntr91-L_202502287EN.000101-E0091]. The rates published in the monthly bulletins for 2024 included the same ICMS tax as explained for electricity above, and the Commission treated this tax in the same way as done for electricity.

Water

• (116) The price of water for industrial users in Brazil is published by Companhia de Saneamento Básico do Estado de São Paulo, which is responsible for water supply, sewage collection and treatment in Sao Paolo. The price for water is also specifically provided for the municipalities falling under the abbreviation OJ, which includes the location of the Brazilian adipic acid producer Rhodia. The information enables the identification of tariffs for water and sewage collection applicable to industrial users in 2024 [^ntr92-L_202502287EN.000101-E0092].

Steam

• (117) The Commission calculated the price of steam in Brazil using the methodology suggested by the U.S. Department for Energy [^ntr93-L_202502287EN.000101-E0093] based on the cost of natural gas required to produce it [^ntr94-L_202502287EN.000101-E0094]. This methodology provides a cost for steam based on the heat input required to produce it. To this end, the Commission used natural gas as heat input and used the cost of natural gas calculated as explained in recital 115.

Manufacturing overhead costs, SG&A costs and profits

• (118) According to Article 2(6a)(a) of the basic Regulation, ‘the constructed normal value shall include an undistorted and reasonable amount for administrative, selling and general costs and for profits’. In addition, a value for manufacturing overhead costs needs to be established to cover costs not included in the factors of production referred to above.