Commission Implementing Regulation (EU) 2026/319 of 12 February 2026 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of valine originating in the People’s Republic of China

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (‘the basic Regulation’), and in particular Article 9(4) thereof,

Whereas:

(1) On 19 December 2024, the European Commission (‘the Commission’) initiated an anti-dumping investigation with regard to imports of valine originating in People’s Republic of China (‘China’, ‘PRC’ or ‘the country concerned’) on the basis of Article 5 of the basic Regulation. It published a Notice of Initiation in the Official Journal of the European Union (2) (‘the Notice of Initiation’).

(2) The Commission initiated the investigation following a complaint lodged on 5 November 2024 by Eurolysine SAS (‘Eurolysine’ or ‘the complainant’). The complaint was made by the Union industry of valine 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.

(3) The Commission made imports of valine originating in China subject to registration by Commission Implementing Regulation (EU) 2025/326 (3) (‘the registration Regulation’).

(4) In accordance with Article 19a of the basic Regulation, on 17 July 2025, the Commission provided parties with a summary of the proposed duties and details about the calculation of the dumping margins and the margins adequate to remove the injury to the Union industry. Interested parties were invited to comment on the accuracy of the calculations within three working days.

(5) On 23 July 2025, Bayannur Huaheng Biotechnology Co., Ltd. (‘BHB’, together with its related companies ‘Huaheng Group’) filed a written submission making its views known on the alleged clerical errors in the calculation of the dumping margin applicable to it, claiming that the Commission erred in (i) deducting bank charges twice, (ii) considering the unit price of corn starch only instead of the average of the unit prices of corn starch and protein powder in relation to the upward adjustment to the benchmark of corn starch for the non-genetically modified (‘non-GMO’) corn mark-up, and (iii) using 23,3 % selling, general and administrative (‘SG & A’) costs that include an amount of USD 17 848 for distribution costs since those distribution costs were allegedly deducted from the export price.

(6) The Commission found the claim under (ii) to be justified and adjusted the dumping margin for Huaheng Group accordingly. The claim under (i) was rejected at provisional stage but, following the submission of additional evidence, was subsequently reconsidered after provisional disclosure at recital 145. A claim by CJ (Shenyang) Biotechnology Co., Ltd. (‘CJS’) similar to claim under (iii) was rejected at provisional stage and in recitals 140 to 141.

(7) On 14 August 2025, the Commission imposed provisional anti-dumping duties on imports of valine originating in China by Commission Implementing Regulation (EU) 2025/1737 (4) (‘the provisional Regulation’).

(8) Following the disclosure of the essential facts and considerations on the basis of which a provisional anti-dumping duty was imposed (‘provisional disclosure’), the complainant and the two sampled exporting producers, CJS, together with its related companies, and Huaheng Group, filed written submissions making their views known on the provisional findings within the deadline provided by Article 2(1) of the provisional Regulation.

(9) The parties who so requested were granted an opportunity to be heard. Hearings took place with the complainant, with CJS, together with its related companies, and Huaheng Group.

(10) Following provisional disclosure, Ajinomoto Omnichem, Belgium (‘Ajinomoto’), a related importer to the Chinese non-cooperating exporting producer Shanghai Ajinomoto Amino Acid Co. Ltd, registered as an interested party and submitted comments regarding the product scope. These comments are addressed in recitals 27 to 37.

(11) The Commission continued to seek and verify all the information it deemed necessary for its final findings. When reaching its definitive findings, the Commission considered the comments submitted by interested parties and revised its provisional conclusions when appropriate.

(12) The Commission informed all interested parties of the essential facts and considerations on the basis of which it intended to impose a definitive anti-dumping duty on imports of valine originating in China (‘final disclosure’). All parties were granted a period within which they could make comments on the final disclosure. Comments were received from the complainant, Huaheng Group, CJS and Ajinomoto.

(13) Parties who so requested were also granted an opportunity to be heard. Hearings took place with the complainant, the Huaheng Group and CJS.

(14) In the absence of comments concerning the sampling of unrelated importers, the Commission confirmed its conclusions set out in recital 8 of the provisional Regulation.

(15) Concerning the sampling of exporting producers, the complainant claimed that the data of the investigation period (the ‘IP’), on which the sample of the exporting producers was based, failed to properly capture the market dynamics that had started before the investigation period. In particular, the complainant claimed that CJS’s sales volume to the Union was extremely limited in comparison to CJS’s sales on the Chinese market. Thus, the complainant alleged that, since dumping is assessed as the difference between the export price and the domestic price, CJS would not be representative of the market situation.

(16) The Commission noted that the investigation ascertained the existence of significant distortions in the market for valine in China, and that therefore the normal value is not based on the exporting producers’ domestic sales. In any case, as indicated in recital 10 of the provisional Regulation, the Commission chose the sample of exporting producers based on the largest representative volume of exports to the Union which could reasonably be investigated within the time available, in accordance with Article 17 of the basic Regulation, and CJS was representative in that respect. Therefore, this claim was rejected.

(17) The complainant reiterated also that CJS was not representative because it was not a Chinese-owned company. In support, the complainant raised the fact that CJS was amongst the complainants to on-going anti-dumping investigations on imports of lysine from China in Brazil and in the United States of America (‘USA’).

(18) The Commission had already rejected part of this claim, i.e. that CJS was a foreign- company operating in China and therefore not operating under the same conditions than Chinese-owned companies, in recital 16 of the provisional Regulation, as this criteria was not relevant for sampling in accordance with Article 17 of the basic Regulation that sets out that a sample should be based on the largest representative volume of exports to the Union which could reasonably be investigated within the time available. Likewise, the role of the companies involved in relation to other products and under the remit of other jurisdictions is not relevant either. Thus, this claim was therefore rejected.

(19) Following final disclosure, the complainant claimed that CJS’s exports to the Union dramatically decreased to the benefit of other Chinese exporters, since CJS’s valine is significantly higher priced. The complainant added that this was confirmed by the Commission’s findings in recital 133 in relation to the use of the unrelated importer’s profit margin (Quimidroga’s S.A. – ‘Quimidroga’), which was considered not representative.

(20) The Commission noted that, according to Article 17 of the basic Regulation the sample is based on data available at the time of the selection of the sample. Based on this data, the Commission found the sample to be representative for export sales of the product concerned during the investigation period. Circumstances incurred after the investigation period are not relevant for the selection of the sample. Along the same line, the price of the valine imports was not relevant for the selection of the sample, which was based on the largest representative volume of exports to the Union which could reasonably be investigated within the time available. This claim was therefore rejected.

(21) The complainant further argued that the cooperating non-sampled Chinese exporting producers will unduly benefit from the low dumping margin of CJS, as it is included in the calculation of the weighted average dumping margin of the sampled companies applicable also to the cooperating non-sampled companies. The complainant added that a weighted average dumping margin of the sample would not be sufficient to protect the Union industry from the dumped imports. Therefore, the complainant requested the Commission to calculate the dumping margin for non-sampled cooperating companies in a way that would better reflect the market situation and would protect more effectively the Union industry.

(22) The complainant did not provide any specific methodology to calculate a dumping margin applicable to the cooperating non-sampled exporting producers. Moreover, Article 9(6) of the basic Regulation provides that, when sampling under Article 17 of that Regulation is used, the anti-dumping duty applicable to the cooperating non-sampled exporting producers ‘shall not exceed the weighted average margin of dumping established with respect to the parties in the sample’. On this basis, this claim was rejected.

(23) In the absence of other comments concerning the sampling of exporting producers, the Commission confirmed its conclusions set out in recitals 10 to 18 of the provisional Regulation.

(24) In the absence of comments concerning individual examination, the Commission confirmed its conclusions set out in recital 19 of the provisional Regulation.

(26) In the absence of comments concerning the investigation period (‘IP’) and the period considered, the Commission confirmed its conclusions set out in recital 24 of the provisional Regulation.

(27) Following provisional disclosure, Ajinomoto, a related importer to a Chinese non-cooperating exporting producer submitted comments regarding the product scope claiming that valine used for pharmaceutical applications (pharma grade) would have different essential physical, technical, and chemical characteristics and different intended uses, degree of interchangeability, quality standards, and distribution channels than food and feed grade valine and requested its exclusion from the product scope.

(28) Ajinomoto justified its claim by referring to the non-preferential rules of origin for chapter 29 covering the product concerned, based on which purification is considered a substantial transformation of the product. On this basis, and since pharma grade valine undergoes such purification process, Ajinomoto argued that it should not be covered by the product definition.

(29) The claim on the product scope was submitted only after the imposition of the provisional measures, while according to the Notice of Initiation, the deadline for any claims regarding the product scope should be submitted within 10 days from the initiation of this investigation. Accordingly, the claim was belated and thus no longer admissible at this stage.

(30) Regardless, the Commission first noted that it had concluded, in recital 32 of the provisional Regulation, that the different grades of valine have similar essential physical, technical and chemical characteristics, being all constituted by the same molecule and sharing the same basic functions, i.e. to provide highly digestible valine to animals and human beings, either in pharmaceutical products, in food (as a dietary supplement), or feed. Moreover, all grades are produced through the same production process, with different degrees of purification and extractions. All grades of valine are imported under the same TARIC codes.

(31) Ajinomoto did not provide any evidence that would have justified the claim that pharma grade valine had different physical, technical, and chemical characteristics. In fact, Ajinomoto confirmed that the product is chemically the same as food or feed grade valine and is based on the same molecule (L-valine). Also, the allegedly different quality standards applicable to producers of pharma grade valine do not change the chemical composition of the product.

(32) Ajinomoto claimed that pharma grade valine would have a more crystalline powder dye due to the further processing of feed grade valine by Ajinomoto. However, the Commission notes that despite this difference the products are still closely resembling, and its basic characteristics remain the same.

(33) Second, as concluded in the provisional Regulation in recital 32, even though the requirements on purity of pharmaceutical valine are higher, it has still the same function, i.e. to provide the essential amino acid to animals and human beings, either in pharmaceutical products, in food (as a dietary supplement), or feed.

(34) Third, regarding the non-preferential rules of origin for chapter 29, Ajinomoto confirmed itself that the conclusion in recital 32 of the provisional Regulation is applicable for the food grade but should not apply for the pharma grade valine, due to substantial transformation of the feed grade valine by its purification. However, the non-preferential rules of origin for Chapter 29 referred to by the importer cover not only processing for pharmaceutical applications, but also for food-grade substances. Therefore, purification for pharmaceutical purposes is a production process of the same category as for food grade.

(35) Furthermore, according to Ajinomoto, pharma grade valine has not been considered by the complainant as a product concerned. Ajinomoto claims that pharma grade valine is produced in the Union by a different company than the complainant. Since the complainant claimed to represent 100 % of the valine production in the Union and was not aware of other producers, Ajinomoto argued that the pharma grade shall not be covered by the complaint. The Commission confirmed its findings in the recital 33 of the provisional Regulation, namely that the investigation has shown that Eurolysine, upon obtaining relevant regulatory authorisations had the technical ability to produce all grades of valine. Moreover, the product description in the complaint defined the product as an amino acid with a chemical formula that covers the valine of all grades, including the pharma grade.

(36) In conclusion, the importer’s claims were rejected.

(37) In the absence of any other comments regarding the product under investigation, product concerned and like product, the Commission confirmed its conclusions set out in recitals 25 to 33 of the provisional Regulation.

(38) Following the final disclosure, Ajinomoto has reiterated its comments from the provisional stage, which the Commission has already addressed in recitals 27 to 36. The company commented on the price difference between pharma grade valine and feed grade valine, arguing that price for pharma grade product is significantly higher, and consequently it has not been demonstrated that the imports of pharma grade caused material injury to the Union industry. The company also pointed out the difference in activities between its related producers in China and Union producers. Ajinomoto claimed that Eurolysine produced the product under investigation, whereas Shanghai Ajinomoto, purifies it to pharma grade valine, which is a completely different process that cannot be carried out by the complainant. Furthermore, the company claimed that the two products are not intended for the same users, as pharma grade valine is used for pharmaceutical purposes, while feed grade valine is used for animal feed. They finally re-iterated that pharmaceutical grade valine would not have been included in the complaint and would therefore not be in the scope of the current proceeding.

(39) The Commission confirmed its assessments, and noted that the pharma grade valine is, as confirmed by Ajinomoto itself, a version of valine (i.e. the product under investigation) of a certain purity level. Therefore, despite the price difference, the fact that Ajinomoto carries out a different part of the production process of the product under investigation, and the different intended uses, this does not constitute a sufficient basis to consider them as different products, what has been detailed in the recitals 27 to 36.

(40) Moreover, the information regarding the difference in the production process, the alleged specific characteristics of pharma grade valine and prices could not be verified during the investigation as the Chinese producer related to Ajinomoto did not cooperate in this investigation, and Ajinomoto chose to participate in the investigation only after imposition of the provisional measures. Additionally, its claims are not supported by any substantial evidence. Consequently, the Commission determined that all types of valine fall under the product under investigation and as such caused the injury which has been described in sections 4 and 5 of the provisional Regulation. The Commission assessed the impact of all imports of the product concerned on the Union industry, therefore Ajinomoto’s claim was rejected.

(41) The argument that the Union industry would not be able to produce pharma grade valine, and that it had not been included in the complaint has already been addressed in recital 35. In addition, pharmaceutical grade valine was specifically mentioned in the complaint as being part of the product scope. Finally, the Union industry confirmed that they are able to produce valine for the non-feed market and that the different purity grades of valine shared the same basic function, which is to provide valine to animals and human use. These claims were therefore rejected.

(42) Therefore, the Commission confirmed its assessment and rejected the claim for exclusion of the pharma grade valine from the product scope.

(43) Following provisional disclosure, the two sampled exporting producers, CJS, Huaheng Group, and the complainant submitted comments.

(44) In the absence of comments on the procedure for the determination of the normal value under Article 2(6a) of the basic Regulation, the Commission confirmed its conclusions in recitals 34 to 40 of the provisional Regulation.

(45) In the absence of comments on the existence of significant distortions in the PRC, the Commission confirmed its conclusions in recitals 44 to 139 of the provisional Regulation.

(46) In its comments on the provisional disclosure, the complainant supported the Commission’s decision to select Colombia as the representative country.