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Anti-dumping Actions

Commodity: Sodium cyclamate, currently falling within CN code ex 2929 90 00 (TARIC code 2929900010).
Countries/Economies: The Chinese mainland.
Action: On 16 July 2016, the Official Journal published Commission Implementing Regulation 2016/1159 imposing a definitive anti-dumping duty on imports of sodium cyclamate originating in the Chinese mainland and produced by Fang Da Food Additive (Shen Zhen) Limited and Fang Da Food Additive (Yang Quan) Limited. It may be recalled that the measures in force applied to all imports of sodium cyclamate originating in the Chinese mainland and Indonesia, with the exception of imports of sodium cyclamate produced by the Chinese exporting producers Fang Da Food Additive (Shen Zhen) Limited and Fang Da Food Additive (Yang Quan) Limited. A zero duty rate was originally determined for these companies, as no dumping was found (Regulation 435/2004). These companies were not examined in the subsequent reviews of the measures as imposed by Regulation 435/2004 and have not thus far been subject to the measures in force. On 12 August 2015, the European Commission initiated an anti-dumping investigation limited to these two companies. The Commission initiated the investigation following a complaint lodged on 30 June 2015 by Productos Aditivos S.A. (‘the complainant’ or ‘the Union producer’), the sole producer of sodium cyclamate in the Union, thus said to be representing 100% of the total Union production. On the basis of the conclusions reached by the Commission on dumping, injury, causation and Union interest, it was deemed that definitive measures should be imposed to prevent further injury being caused to the Union industry by the dumped imports.
Rates: The rate of the definitive anti-dumping duty for Fang Da Food Additive (Shen Zhen) Limited is EUR 1.17 per kg, and for Fang Da Food Additive (Yang Quan) Limited it is EUR 1.17 per kg. In cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is apportioned for the determination of the customs value, the amount of the anti-dumping duty will be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable.
Dates: Commission Implementing Regulation 2016/1159 entered into force on the day following that of its publication in the EU’s Official Journal.

Commodity: Sodium cyclamate, currently falling within CN code ex 2929 90 00 (TARIC code 2929900010).
Countries/Economies: The Chinese mainland, Indonesia
Action: On 16 July 2016, the Official Journal published Commission Implementing Regulation 2016/1160 imposing a definitive anti-dumping duty on imports of sodium cyclamate originating in the Chinese mainland and Indonesia following an expiry review. It may be recalled that, following an anti-dumping investigation by means of Regulation 435/2004, the Council imposed a definitive anti-dumping duty on imports of sodium cyclamate originating in the Chinese mainland and Indonesia. The original measures were subsequently subject to different review investigations. Having determined that sufficient evidence existed for the initiation of an expiry review, the Commission published a notice of initiation of an expiry review in the Official Journal on 6 June 2015. Under the present review, concerning the Chinese mainland, pursuant to the assessment of a number of factors by the European Commission, it was concluded as follows: that the exporters concerned by the review have continued to export very significant volumes of the product concerned to the EU, at dumped prices; that Chinese exports to other third countries are also made at dumped prices; and that, given the large freely available capacity of Chinese exporters, the lack of other sizeable markets for such capacity, and the attractiveness of the Union market, there is felt to be an incentive for Chinese exporting producers to direct even larger volumes at dumped prices to the Union market, should the measures be repealed. The Commission also concluded that the Union industry suffered material injury during the review investigation period. Based on its review, it was concluded that there would be a likelihood of continuation of injury, if the measures were to be repealed.
Rates: The rate of the definitive anti-dumping duty, for the Chinese mainland, is EUR 0.23 per kg for named companies, and EUR 0.26 per kg for all other companies except Fang Da Food Additive (Shen Zhen) Limited and Fang Da Food Additive (Yang Quan) Limited; and for Indonesia, EUR 0.24 per kg for one named company, and EUR 0.27 per kg for all other companies. In cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is apportioned for the determination of the customs value, the amount of the anti-dumping duty shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable.
Dates: Commission Implementing Regulation 2016/1160 entered into force on the day following that of its publication in the EU’s Official Journal.

Commodity: Ceramic tableware and kitchenware, excluding ceramic knives, ceramic condiment or spice mills and their ceramic grinding parts, ceramic peelers, ceramic knife sharpeners and cordierite ceramic pizza-stones of a kind used for baking pizza or bread, currently falling within CN codes ex 6911 10 00, ex 6912 00 10, ex 6912 00 30, ex 6912 00 50 and ex 6912 00 90 (TARIC codes 6911100090, 6912001011, 6912001091, 6912003010, 6912005010 and 6912009010).
Countries/Economies: The Chinese mainland.
Action: On 6 July 2016, the Official Journal published a notice concerning a change of name of companies subject to the anti-dumping duty rate for cooperating non-sampled companies in respect of imports into the Union of ceramic tableware and kitchenware originating in the Chinese mainland. The notice explains that imports of ceramic tableware and kitchenware (‘tableware’) originating in the Chinese mainland are subject to a definitive anti-dumping duty, imposed by Council Implementing Regulation 412/2013. Four companies located in the Chinese mainland, whose exports to the Union of tableware are subject to the anti-dumping duty rate for cooperating non-sampled companies of 17.9%, have informed the Commission that their names have changed (as set out in a table in the notice). The companies claim that the change of name does not affect their right to benefit from the duty applied to them under their previous name. The Commission has examined the information supplied and concluded that the change of names in no way affects the findings of Implementing Regulation 412/2013. Therefore, the references in Annex I of Implementing Regulation 412/2013 regarding the companies should be read as mentioned in the table in the notice, with the mentioned TARIC additional codes applying accordingly.

Commodity: Silicon, currently falling within CN code 2804 69 00.
Countries/Economies: The Chinese mainland.
Action: On 5 July 2016, the Official Journal published Commission Implementing Regulation 2016/1077 imposing a definitive anti-dumping duty on imports of silicon originating in the Chinese mainland. This follows an expiry review and a partial interim review. The measures in force are a definitive anti-dumping duty imposed by Council Implementing Regulation 467/2010 following an expiry review and a partial interim review (‘the previous review investigations’). The measures hitherto in force were in the form of duties of between 16.3% and 19% of the value of the imported goods. Following the publication of a notice of impending expiry of the existing measures, the Commission received, on 27 February 2015, a request for the initiation of an expiry review of these measures. The request was lodged by Euroalliages on behalf of producers said to be representing 100% of the Union production of silicon. On 17 June 2015, the Commission received a request for a partial interim review of the existing measures, limited in scope to the examination of injury. The request for review was lodged by the European Users of Silicon Metal (‘Eusmet’), an association of Union chemical users of silicon created for this investigation. Eusmet provided evidence that as far as injury is concerned the circumstances on the basis of which the hitherto existing measures were imposed have changed and that these changes are of a lasting nature. Pursuant to the review, the Commission concluded that the total production capacity (including the spare capacity) in the Chinese mainland in comparison with the size of the Union market suggested that the exports to the Union would likely increase if the measures were repealed, and that those exports would likely continue to occur at dumped prices. The Commission further concluded that the Union industry does not suffer material injury, but that there is a likelihood of a further significant increase of Chinese imports at dumped and injurious prices leading to a recurrence of injury should the measures be allowed to lapse. In view of the findings with regard to the expiry review, the Commission concluded that the anti-dumping measures applicable to imports of silicon should be maintained. As a consequence, the extension of the measures for the product concerned to imports consigned from the Republic of Korea, and to imports consigned from Taiwan, should also be maintained. In view of the findings with regard to the partial interim review limited to injury, the Commission concluded that the level of the anti-dumping measures applicable to imports of silicon should be amended.
Rates: The rates of the definitive anti-dumping duty shall be as follows: 16.3% for Datong Jinneng Industrial Silicon Co., Pingwang Industry Garden, Datong, Shanxi, and 16.8% for all other companies.
Dates: The Regulation entered into force on the day following that of its publication in the Official Journal.

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