# Official Journal L 12/2019

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 12 |
| | |
| English edition | Legislation | Volume 6215 January 2019 |

ISSN 1977-0677

Official Journal

of the European Union

L 12

English edition

Legislation

Volume 6215 January 2019

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Regulation (EU) 2019/58 of 14 January 2019 amending Annexes II, III and V to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for linuron in or on certain products (
  1
  ) | 1 |
| | * | Commission Implementing Regulation (EU) 2019/59 of 14 January 2019 imposing a definitive anti-dumping duty on imports of aluminium radiators originating in the People's Republic of China following an expiry review under Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and the Council | 13 |
| | | DECISIONS |
| | * | Commission Implementing Decision (EU) 2019/60 of 11 January 2019 amending Decision 2009/866/EC, Decision 2010/419/EU, Implementing Decision 2012/651/EU and Implementing Decision (EU) 2016/1685 as regards the representative of the authorisation holder
  (notified under document C(2019) 15)

   (
  1
  ) | 31 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Regulation (EU) 2019/58 of 14 January 2019 amending Annexes II, III and V to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for linuron in or on certain products (
  1
  )

1

1

*

Commission Implementing Regulation (EU) 2019/59 of 14 January 2019 imposing a definitive anti-dumping duty on imports of aluminium radiators originating in the People's Republic of China following an expiry review under Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and the Council

13

DECISIONS

*

Commission Implementing Decision (EU) 2019/60 of 11 January 2019 amending Decision 2009/866/EC, Decision 2010/419/EU, Implementing Decision 2012/651/EU and Implementing Decision (EU) 2016/1685 as regards the representative of the authorisation holder
  (notified under document C(2019) 15)

   (
  1
  )

(notified under document C(2019) 15)

1

31

| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

---

(1)   Text with EEA relevance.

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

---

II Non-legislative acts

REGULATIONS

| 15.1.2019 | EN | Official Journal of the European Union | L 12/1 |
| --- | --- | --- | --- |

15.1.2019

EN

Official Journal of the European Union

L 12/1

---

COMMISSION REGULATION (EU) 2019/58

of 14 January 2019

amending Annexes II, III and V to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for linuron in or on certain products

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (1), and in particular Article 14(1)(a) and Article 18(1)(b),

Whereas:

| (1) | For linuron, maximum residue levels (MRLs) were set in Annex II and Part B of Annex III to Regulation (EC) No 396/2005. |
| --- | --- |

(1)

For linuron, maximum residue levels (MRLs) were set in Annex II and Part B of Annex III to Regulation (EC) No 396/2005.

| (2) | Following an application for renewal of approval in accordance with Article 7(1) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council (2), the approval of active substance was not renewed by Commission Implementing Regulation (EU) 2017/244 (3), which stipulates that all existing authorisations for plant protection products containing that active substance are to be withdrawn by 3 June 2018. It is therefore appropriate to delete the MRLs set out for this substance in Annex II and Part B of Annex III in accordance with Article 17 of Regulation (EC) No 396/2005 in conjunction with Article 14(1)(a) thereof. |
| --- | --- |

(2)

Following an application for renewal of approval in accordance with Article 7(1) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council (2), the approval of active substance was not renewed by Commission Implementing Regulation (EU) 2017/244 (3), which stipulates that all existing authorisations for plant protection products containing that active substance are to be withdrawn by 3 June 2018. It is therefore appropriate to delete the MRLs set out for this substance in Annex II and Part B of Annex III in accordance with Article 17 of Regulation (EC) No 396/2005 in conjunction with Article 14(1)(a) thereof.

| (3) | In view of the non-approval of the active substance linuron, the MRLs for this substance should be set at the limit of determination (LOD) in accordance with Article 18 of Regulation (EC) No 396/2005. For the active substances for which all MRLs should be reduced to the relevant LOD, default values should be listed in Annex V in accordance with Article 18(1)(b) of Regulation (EC) No 396/2005. |
| --- | --- |

(3)

In view of the non-approval of the active substance linuron, the MRLs for this substance should be set at the limit of determination (LOD) in accordance with Article 18 of Regulation (EC) No 396/2005. For the active substances for which all MRLs should be reduced to the relevant LOD, default values should be listed in Annex V in accordance with Article 18(1)(b) of Regulation (EC) No 396/2005.

| (4) | The Commission consulted the European Union reference laboratories as regards the need to adapt certain LODs. Those laboratories concluded that for certain commodities technical development permits the setting of lower LODs. |
| --- | --- |

(4)

The Commission consulted the European Union reference laboratories as regards the need to adapt certain LODs. Those laboratories concluded that for certain commodities technical development permits the setting of lower LODs.

| (5) | Through the World Trade Organisation, the trading partners of the Union were consulted on the new MRLs and their comments have been taken into account. |
| --- | --- |

(5)

Through the World Trade Organisation, the trading partners of the Union were consulted on the new MRLs and their comments have been taken into account.

| (6) | Regulation (EC) No 396/2005 should therefore be amended accordingly. |
| --- | --- |

(6)

Regulation (EC) No 396/2005 should therefore be amended accordingly.

| (7) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
| --- | --- |

(7)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

HAS ADOPTED THIS REGULATION:

Article 1

Annexes II, III and V to Regulation (EC) No 396/2005 are amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 4 August 2019.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 14 January 2019.

For the Commission

The President

Jean-Claude JUNCKER

---

(1)  
  OJ L 70, 16.3.2005, p. 1.

1

(2)  Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1).

2

(3)  Commission Implementing Regulation (EU) 2017/244 of 10 February 2017 concerning the non-renewal of approval of the active substance linuron, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (OJ L 36, 11.2.2017, p. 54).

3

---

ANNEX

Annexes II, III and V to Regulation (EC) No 396/2005 are amended as follows:

| (1) | In Annex II, the column for linuron is deleted. |
| --- | --- |

(1)

In Annex II, the column for linuron is deleted.

| (2) | In Part B of Annex III, the column for linuron is deleted. |
| --- | --- |

(2)

In Part B of Annex III, the column for linuron is deleted.

| (3) | In Annex V, the following column for linuron is added:
  ‘Pesticide residues and maximum residue levels (mg/kg)








  Code number | Groups and examples of individual products to which the MRLs apply (1) | Linuron |
| --- | --- | --- | --- |
| (1) | (2) | (3) |
| 0100000 | FRUITS, FRESH or FROZEN; TREE NUTS | 0,01
   (*1) |
| 0110000 | Citrus fruits | |
| 0110010 | Grapefruits | |
| 0110020 | Oranges | |
| 0110030 | Lemons | |
| 0110040 | Limes | |
| 0110050 | Mandarins | |
| 0110990 | Others (2) | |
| 0120000 | Tree nuts | |
| 0120010 | Almonds | |
| 0120020 | Brazil nuts | |
| 0120030 | Cashew nuts | |
| 0120040 | Chestnuts | |
| 0120050 | Coconuts | |
| 0120060 | Hazelnuts/cobnuts | |
| 0120070 | Macadamias | |
| 0120080 | Pecans | |
| 0120090 | Pine nut kernels | |
| 0120100 | Pistachios | |
| 0120110 | Walnuts | |
| 0120990 | Others (2) | |
| 0130000 | Pome fruits | |
| 0130010 | Apples | |
| 0130020 | Pears | |
| 0130030 | Quinces | |
| 0130040 | Medlars | |
| 0130050 | Loquats/Japanese medlars | |
| 0130990 | Others (2) | |
| 0140000 | Stone fruits | |
| 0140010 | Apricots | |
| 0140020 | Cherries (sweet) | |
| 0140030 | Peaches | |
| 0140040 | Plums | |
| 0140990 | Others (2) | |
| 0150000 | Berries and small fruits | |
| 0151000 | (a) | grapes |

(3)

In Annex V, the following column for linuron is added:

‘Pesticide residues and maximum residue levels (mg/kg)

Code number

Groups and examples of individual products to which the MRLs apply (1)

Linuron

(1)

(2)

(3)

0100000

FRUITS, FRESH or FROZEN; TREE NUTS

0,01
   (*1)

0110000

Citrus fruits

0110010

Grapefruits

0110020

Oranges

0110030

Lemons

0110040

Limes

0110050

Mandarins

0110990

Others (2)

0120000

Tree nuts

0120010

Almonds

0120020

Brazil nuts

0120030

Cashew nuts

0120040

Chestnuts

0120050

Coconuts

0120060

Hazelnuts/cobnuts

0120070

Macadamias

0120080

Pecans

0120090

Pine nut kernels

0120100

Pistachios

0120110

Walnuts

0120990

Others (2)

0130000

Pome fruits

0130010

Apples

0130020

Pears

0130030

Quinces

0130040

Medlars

0130050

Loquats/Japanese medlars

0130990

Others (2)

0140000

Stone fruits

0140010

Apricots

0140020

Cherries (sweet)

0140030

Peaches

0140040

Plums

0140990

Others (2)

0150000

Berries and small fruits

0151000

(a)

0151010

Table grapes

0151020

Wine grapes

0152000

| (b) | strawberries |
| --- | --- |

(b)

0153000

| (c) | cane fruits |
| --- | --- |

(c)

0153010

Blackberries

0153020

Dewberries

0153030

Raspberries (red and yellow)

0153990

Others (2)

0154000

| (d) | other small fruits and berries |
| --- | --- |

(d)

0154010

Blueberries

0154020

Cranberries

0154030

Currants (black, red and white)

0154040

Gooseberries (green, red and yellow)

0154050

Rose hips

0154060

Mulberries (black and white)

0154070

Azaroles/Mediterranean medlars

0154080

Elderberries

0154990

Others (2)

0160000

Miscellaneous fruits with

0161000

| (a) | edible peel |
| --- | --- |

(a)

0161010

Dates

0161020

Figs

0161030

Table olives

0161040

Kumquats

0161050

Carambolas

0161060

Kaki/Japanese persimmons

0161070

Jambuls/jambolans

0161990

Others (2)

0162000

| (b) | inedible peel, small |
| --- | --- |

(b)

0162010

Kiwi fruits (green, red, yellow)

0162020

Litchis/lychees

0162030

Passionfruits/maracujas

0162040

Prickly pears/cactus fruits

0162050

Star apples/cainitos

0162060

American persimmons/Virginia kaki

0162990

Others (2)

0163000

| (c) | inedible peel, large |
| --- | --- |

(c)

0163010

Avocados

0163020

Bananas

0163030

Mangoes

0163040

Papayas

0163050

Granate apples/pomegranates

0163060

Cherimoyas

0163070

Guavas

0163080

Pineapples

0163090

Breadfruits

0163100

Durians

0163110

Soursops/guanabanas

0163990

Others (2)

0200000

VEGETABLES, FRESH or FROZEN

0210000

Root and tuber vegetables

0,01
   (*1)

0211000

| (a) | potatoes |
| --- | --- |

(a)

0212000

| (b) | tropical root and tuber vegetables |
| --- | --- |

(b)

0212010

Cassava roots/manioc

0212020

Sweet potatoes

0212030

Yams

0212040

Arrowroots

0212990

Others (2)

0213000

| (c) | other root and tuber vegetables except sugar beets |
| --- | --- |

(c)

0213010

Beetroots

0213020

Carrots

0213030

Celeriacs/turnip rooted celeries

0213040

Horseradishes

0213050

Jerusalem artichokes

0213060

Parsnips

0213070

Parsley roots/Hamburg roots parsley

0213080

Radishes

0213090

Salsifies

0213100

Swedes/rutabagas

0213110

Turnips

0213990

Others (2)

0220000

Bulb vegetables

0,01
   (*1)

0220010

Garlic

0220020

Onions

0220030

Shallots

0220040

Spring onions/green onions and Welsh onions

0220990

Others (2)

0230000

Fruiting vegetables

0,01
   (*1)

0231000

| (a) | Solanaceae and Malvaceae |
| --- | --- |

(a)

0231010

Tomatoes

0231020

Sweet peppers/bell peppers

0231030

Aubergines/eggplants

0231040

Okra/lady's fingers

0231990

Others (2)

0232000

| (b) | cucurbits with edible peel |
| --- | --- |

(b)

0232010

Cucumbers

0232020

Gherkins

0232030

Courgettes

0232990

Others (2)

0233000

| (c) | cucurbits with inedible peel |
| --- | --- |

(c)

0233010

Melons

0233020

Pumpkins

0233030

Watermelons

0233990

Others (2)

0234000

| (d) | sweet corn |
| --- | --- |

(d)

0239000

| (e) | other fruiting vegetables |
| --- | --- |

(e)

0240000

Brassica vegetables (excluding brassica roots and brassica baby leaf crops)

0,01
   (*1)

0241000

| (a) | flowering brassica |
| --- | --- |

(a)

0241010

Broccoli

0241020

Cauliflowers

0241990

Others (2)

0242000

| (b) | head brassica |
| --- | --- |

(b)

0242010

Brussels sprouts

0242020

Head cabbages

0242990

Others (2)

0243000

| (c) | leafy brassica |
| --- | --- |

(c)

0243010

Chinese cabbages/pe-tsai

0243020

Kales

0243990

Others (2)

0244000

| (d) | kohlrabies |
| --- | --- |

(d)

0250000

Leaf vegetables, herbs and edible flowers

0251000

| (a) | lettuces and salad plants |
| --- | --- |

(a)

0,01
   (*1)

0251010

Lamb's lettuces/corn salads

0251020

Lettuces

0251030

Escaroles/broad-leaved endives

0251040

Cresses and other sprouts and shoots

0251050

Land cresses

0251060

Roman rocket/rucola

0251070

Red mustards

0251080

Baby leaf crops (including brassica species)

0251990

Others (2)

0252000

| (b) | spinaches and similar leaves |
| --- | --- |

(b)

0,01
   (*1)

0252010

Spinaches

0252020

Purslanes

0252030

Chards/beet leaves

0252990

Others (2)

0253000

| (c) | grape leaves and similar species |
| --- | --- |

(c)

0,01
   (*1)

0254000

| (d) | watercresses |
| --- | --- |

(d)

0,01
   (*1)

0255000

| (e) | witloofs/Belgian endives |
| --- | --- |

(e)

0,01
   (*1)

0256000

| (f) | herbs and edible flowers |
| --- | --- |

(f)

0,02
   (*1)

0256010

Chervil

0256020

Chives

0256030

Celery leaves

0256040

Parsley

0256050

Sage

0256060

Rosemary

0256070

Thyme

0256080

Basil and edible flowers

0256090

Laurel/bay leaves

0256100

Tarragon

0256990

Others (2)

0260000

Legume vegetables

0,01
   (*1)

0260010

Beans (with pods)

0260020

Beans (without pods)

0260030

Peas (with pods)

0260040

Peas (without pods)

0260050

Lentils

0260990

Others (2)

0270000

Stem vegetables

0,01
   (*1)

0270010

Asparagus

0270020

Cardoons

0270030

Celeries

0270040

Florence fennels

0270050

Globe artichokes

0270060

Leeks

0270070

Rhubarbs

0270080

Bamboo shoots

0270090

Palm hearts

0270990

Others (2)

0280000

Fungi, mosses and lichens

0,01
   (*1)

0280010

Cultivated fungi

0280020

Wild fungi

0280990

Mosses and lichens

0290000

Algae and prokaryotes organisms

0,01
   (*1)

0300000

PULSES

0,01
   (*1)

0300010

Beans

0300020

Lentils

0300030

Peas

0300040

Lupins/lupini beans

0300990

Others (2)

0400000

OILSEEDS AND OIL FRUITS

0,01
   (*1)

0401000

Oilseeds

0401010

Linseeds

0401020

Peanuts/groundnuts

0401030

Poppy seeds

0401040

Sesame seeds

0401050

Sunflower seeds

0401060

Rapeseeds/canola seeds

0401070

Soyabeans

0401080

Mustard seeds

0401090

Cotton seeds

0401100

Pumpkin seeds

0401110

Safflower seeds

0401120

Borage seeds

0401130

Gold of pleasure seeds

0401140

Hemp seeds

0401150

Castor beans

0401990

Others (2)

0402000

Oil fruits

0402010

Olives for oil production

0402020

Oil palms kernels

0402030

Oil palms fruits

0402040

Kapok

0402990

Others (2)

0500000

CEREALS

0,01
   (*1)

0500010

Barley

0500020

Buckwheat and other pseudocereals

0500030

Maize/corn

0500040

Common millet/proso millet

0500050

Oat

0500060

Rice

0500070

Rye

0500080

Sorghum

0500090

Wheat

0500990

Others (2)

0600000

TEAS, COFFEE, HERBAL INFUSIONS, COCOA AND CAROBS

0,05
   (*1)

0610000

Teas

0620000

Coffee beans

0630000

Herbal infusions from

0631000

| (a) | flowers |
| --- | --- |

(a)

0631010

Chamomile

0631020

Hibiscus/roselle

0631030

Rose

0631040

Jasmine

0631050

Lime/linden

0631990

Others (2)

0632000

| (b) | leaves and herbs |
| --- | --- |

(b)

0632010

Strawberry

0632020

Rooibos

0632030

Mate/maté

0632990

Others (2)

0633000

| (c) | roots |
| --- | --- |

(c)

0633010

Valerian

0633020

Ginseng

0633990

Others (2)

0639000

| (d) | any other parts of the plant |
| --- | --- |

(d)

0640000

Cocoa beans

0650000

Carobs/Saint John's breads

0700000

HOPS

0,05
   (*1)

0800000

SPICES

0,05
   (*1)

0810000

Seed spices

0810010

Anise/aniseed

0810020

Black caraway/black cumin

0810030

Celery

0810040

Coriander

0810050

Cumin

0810060

Dill

0810070

Fennel

0810080

Fenugreek

0810090

Nutmeg

0810990

Others (2)

0820000

Fruit spices

0820010

Allspice/pimento

0820020

Sichuan pepper

0820030

Caraway

0820040

Cardamom

0820050

Juniper berry

0820060

Peppercorn (black, green and white)

0820070

Vanilla

0820080

Tamarind

0820990

Others (2)

0830000

Bark spices

0830010

Cinnamon

0830990

Others (2)

0840000

Root and rhizome spices

0840010

Liquorice

0840020

Ginger (10)

0840030

Turmeric/curcuma

0840040

Horseradish (11)

0840990

Others (2)

0850000

Bud spices

0850010

Cloves

0850020

Capers

0850990

Others (2)

0860000

Flower pistil spices

0860010

Saffron

0860990

Others (2)

0870000

Aril spices

0870010

Mace

0870990

Others (2)

0900000

SUGAR PLANTS

0,01
   (*1)

0900010

Sugar beet roots

0900020

Sugar canes

0900030

Chicory roots

0900990

Others (2)

1000000

PRODUCTS OF ANIMAL ORIGIN -TERRESTRIAL ANIMALS

1010000

Commodities from

0,01
   (*1)

1011000

| (a) | swine |
| --- | --- |

(a)

1011010

Muscle

1011020

Fat

1011030

Liver

1011040

Kidney

1011050

Edible offals (other than liver and kidney)

1011990

Others (2)

1012000

| (b) | bovine |
| --- | --- |

(b)

1012010

Muscle

1012020

Fat

1012030

Liver

1012040

Kidney

1012050

Edible offals (other than liver and kidney)

1012990

Others (2)

1013000

| (c) | sheep |
| --- | --- |

(c)

1013010

Muscle

1013020

Fat

1013030

Liver

1013040

Kidney

1013050

Edible offals (other than liver and kidney)

1013990

Others (2)

1014000

| (d) | goat |
| --- | --- |

(d)

1014010

Muscle

1014020

Fat

1014030

Liver

1014040

Kidney

1014050

Edible offals (other than liver and kidney)

1014990

Others (2)

1015000

| (e) | equine |
| --- | --- |

(e)

1015010

Muscle

1015020

Fat

1015030

Liver

1015040

Kidney

1015050

Edible offals (other than liver and kidney)

1015990

Others (2)

1016000

| (f) | poultry |
| --- | --- |

(f)

1016010

Muscle

1016020

Fat

1016030

Liver

1016040

Kidney

1016050

Edible offals (other than liver and kidney)

1016990

Others (2)

1017000

| (g) | other farmed terrestrial animals |
| --- | --- |

(g)

1017010

Muscle

1017020

Fat

1017030

Liver

1017040

Kidney

1017050

Edible offals (other than liver and kidney)

1017990

Others (2)

1020000

Milk

0,01
   (*1)

1020010

Cattle

1020020

Sheep

1020030

Goat

1020040

Horse

1020990

Others (2)

1030000

Birds eggs

0,01
   (*1)

1030010

Chicken

1030020

Duck

1030030

Geese

1030040

Quail

1030990

Others (2)

1040000

Honey and other apiculture products (7)

0,05
   (*1)

1050000

Amphibians and Reptiles

0,01
   (*1)

1060000

Terrestrial invertebrate animals

0,01
   (*1)

1070000

Wild terrestrial vertebrate animals

0,01
   (*1)

1100000

PRODUCTS OF ANIMAL ORIGIN - FISH, FISHPRODUCTS AND ANY OTHER MARINE AND FRESHWATER FOOD PRODUCTS (8)

1200000

PRODUCTS OR PART OF PRODUCTS EXCLUSIVELY USED FOR ANIMAL FEED PRODUCTION (8)

1300000

PROCESSED FOOD PRODUCTS (9)

---

(*1)  Limit of analytical determination

(1)  For the complete list of products of plant and animal origin to which MRLs apply, reference should be made to Annex I.’

---

| 15.1.2019 | EN | Official Journal of the European Union | L 12/13 |
| --- | --- | --- | --- |

15.1.2019

EN

Official Journal of the European Union

L 12/13

---

COMMISSION IMPLEMENTING REGULATION (EU) 2019/59

of 14 January 2019

imposing a definitive anti-dumping duty on imports of aluminium radiators originating in the People's Republic of China following an expiry review under Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and the Council

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 11(2) thereof,

Whereas:

1.   PROCEDURE

1.1.   Measures in force

Measures in force

| (1) | In November 2012, following an anti-dumping investigation (‘the original investigation’), the Council imposed by Implementing Regulation (EU) No 1039/2012 (2) (‘the definitive Regulation’), a definitive anti-dumping duty on imports of aluminium radiators currently falling within CN codes ex 7615 10 10, ex 7615 10 80, ex 7616 99 10 and ex 7616 99 90 (TARIC codes 7615101010, 7615108010, 7616991091, 7616999001 and 7616999091) and originating in the People's Republic of China (‘the PRC’). |
| --- | --- |

(1)

In November 2012, following an anti-dumping investigation (‘the original investigation’), the Council imposed by Implementing Regulation (EU) No 1039/2012 (2) (‘the definitive Regulation’), a definitive anti-dumping duty on imports of aluminium radiators currently falling within CN codes ex 7615 10 10, ex 7615 10 80, ex 7616 99 10 and ex 7616 99 90 (TARIC codes 7615101010, 7615108010, 7616991091, 7616999001 and 7616999091) and originating in the People's Republic of China (‘the PRC’).

2

| (2) | The definitive Regulation imposed an anti-dumping duty at rates ranging between 12,6 % and 56,2 % on imports from the sampled exporting producers, 21,2 % on the non-sampled cooperating companies and a duty rate of 61,4 % on all other companies in the PRC. |
| --- | --- |

(2)

The definitive Regulation imposed an anti-dumping duty at rates ranging between 12,6 % and 56,2 % on imports from the sampled exporting producers, 21,2 % on the non-sampled cooperating companies and a duty rate of 61,4 % on all other companies in the PRC.

1.2.   Initiation of an expiry review

Initiation of an expiry review

| (3) | On 15 February 2017, the Commission published a notice of impending expiry of the anti-dumping measures on aluminium radiators originating in the PRC in the Official Journal of the European Union (3). |
| --- | --- |

(3)

On 15 February 2017, the Commission published a notice of impending expiry of the anti-dumping measures on aluminium radiators originating in the PRC in the Official Journal of the European Union (3).

Official Journal of the European Union

3

| (4) | On 30 June 2017, the International Association of Aluminium Radiator Manufacturers Limited Liability Consortium (AIRAL S.c.r.l.) (‘the applicant’), representing more than 25 % of the total production of aluminium radiators in the European Union (‘the Union’), lodged a request for review under Article 11(2) of the basic Regulation. |
| --- | --- |

(4)

On 30 June 2017, the International Association of Aluminium Radiator Manufacturers Limited Liability Consortium (AIRAL S.c.r.l.) (‘the applicant’), representing more than 25 % of the total production of aluminium radiators in the European Union (‘the Union’), lodged a request for review under Article 11(2) of the basic Regulation.

| (5) | The applicant based their request on the grounds that the expiry of the measures would be likely to result in continuation of dumping and recurrence of injury to the Union industry. |
| --- | --- |

(5)

The applicant based their request on the grounds that the expiry of the measures would be likely to result in continuation of dumping and recurrence of injury to the Union industry.

| (6) | Having determined that sufficient evidence existed for the initiation of an expiry review, on 9 November 2017 the Commission published a notice of initiation in the Official Journal of the European Union (4) (‘the Notice of Initiation’). |
| --- | --- |

(6)

Having determined that sufficient evidence existed for the initiation of an expiry review, on 9 November 2017 the Commission published a notice of initiation in the Official Journal of the European Union (4) (‘the Notice of Initiation’).

Official Journal of the European Union

4

1.3.   Interested parties

Interested parties

| (7) | The Commission invited in the Notice of Initiation all interested parties to contact it in order to participate in the investigation. The Commission specifically informed the applicant; known Union producers and their associations; known importers of aluminium radiators in the Union; and known exporting producers in the PRC of the initiation of the expiry review and invited them to cooperate. |
| --- | --- |

(7)

The Commission invited in the Notice of Initiation all interested parties to contact it in order to participate in the investigation. The Commission specifically informed the applicant; known Union producers and their associations; known importers of aluminium radiators in the Union; and known exporting producers in the PRC of the initiation of the expiry review and invited them to cooperate.

| (8) | In the Notice of Initiation, the Commission stated that it envisaged using Russia as a market economy third country (‘analogue country’) within the meaning of Article 2(7) of the basic Regulation. The Commission also stated that according to the information available to it, other market economy producers may be located in Turkey, Taiwan, Malaysia, Iran, Argentina and Ukraine. |
| --- | --- |

(8)

In the Notice of Initiation, the Commission stated that it envisaged using Russia as a market economy third country (‘analogue country’) within the meaning of Article 2(7) of the basic Regulation. The Commission also stated that according to the information available to it, other market economy producers may be located in Turkey, Taiwan, Malaysia, Iran, Argentina and Ukraine.

| (9) | The Commission informed producers in Russia about the initiation and invited them to participate. The Commission also notified the authorities in Argentina, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Iran, Japan, Malaysia, Russia, Switzerland, Taiwan, the USA, Turkey and Ukraine of the initiation of the investigation and requested information on production and sales of aluminium radiators and contact details of any relevant producers in those countries. |
| --- | --- |

(9)

The Commission informed producers in Russia about the initiation and invited them to participate. The Commission also notified the authorities in Argentina, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Iran, Japan, Malaysia, Russia, Switzerland, Taiwan, the USA, Turkey and Ukraine of the initiation of the investigation and requested information on production and sales of aluminium radiators and contact details of any relevant producers in those countries.

| (10) | All interested parties had the 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. No interested party requested a hearing. |
| --- | --- |

(10)

All interested parties had the 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. No interested party requested a hearing.

1.3.1.   Sampling

Sampling

| (11) | In the Notice of Initiation, the Commission stated that it might sample interested parties, in accordance with Article 17 of the basic Regulation. |
| --- | --- |

(11)

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

1.3.1.1.   Sampling of Union producers

| (12) | The Commission stated in the Notice of Initiation that it had provisionally selected a sample of Union producers. |
| --- | --- |

(12)

The Commission stated in the Notice of Initiation that it had provisionally selected a sample of Union producers.

| (13) | In accordance with Article 17(1) of the basic Regulation, the Commission selected the sample on the basis of the largest representative volume of sales that could be investigated in the time available. |
| --- | --- |

(13)

In accordance with Article 17(1) of the basic Regulation, the Commission selected the sample on the basis of the largest representative volume of sales that could be investigated in the time available.

| (14) | The provisionally selected sample consisted of four Union producers accounting for around 80 % of the total sales of the Union industry. The Commission invited interested parties to comment on the provisional sample and no comments were received. |
| --- | --- |

(14)

The provisionally selected sample consisted of four Union producers accounting for around 80 % of the total sales of the Union industry. The Commission invited interested parties to comment on the provisional sample and no comments were received.

1.3.1.2.   Sampling of importers

| (15) | The Commission invited in the Notice of Initiation importers and their representative associations to make themselves known and to provide specific information necessary to decide whether sampling was necessary and, if so, to select a sample. Two importers came forward. Due to this limited number of companies, sampling was not considered necessary. |
| --- | --- |

(15)

The Commission invited in the Notice of Initiation importers and their representative associations to make themselves known and to provide specific information necessary to decide whether sampling was necessary and, if so, to select a sample. Two importers came forward. Due to this limited number of companies, sampling was not considered necessary.

1.3.1.3.   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 the PRC to provide the information specified in the Notice of Initiation. In addition, the Commission requested the authorities of the PRC to identify and/or contact other exporting producers, if any, that could be interested in participating in the investigation. |
| --- | --- |

(16)

To decide whether sampling was necessary and, if so, to select a sample, the Commission asked all exporting producers in the PRC to provide the information specified in the Notice of Initiation. In addition, the Commission requested the authorities of the PRC to identify and/or contact other exporting producers, if any, that could be interested in participating in the investigation.

| (17) | No exporting producers from the PRC provided the information requested in Annex I to the Notice of Initiation for the purpose of sampling. |
| --- | --- |

(17)

No exporting producers from the PRC provided the information requested in Annex I to the Notice of Initiation for the purpose of sampling.

1.3.2.   Users

Users

| (18) | The Commission invited in the Notice of Initiation the users and their representative associations, and representative consumer organisations to make themselves known and cooperate. No users in the Union or their associations came forward. |
| --- | --- |

(18)

The Commission invited in the Notice of Initiation the users and their representative associations, and representative consumer organisations to make themselves known and cooperate. No users in the Union or their associations came forward.

1.3.3.   Questionnaires and verification visits

Questionnaires and verification visits

| (19) | The Commission sent questionnaires to all parties listed below and to all other companies that made themselves known within the deadlines set out in the Notice of Initiation. |
| --- | --- |

(19)

The Commission sent questionnaires to all parties listed below and to all other companies that made themselves known within the deadlines set out in the Notice of Initiation.

| (20) | This included the four sampled Union producers, the applicant, the two cooperating importers and producers in Argentina, Iran, Japan, Malaysia, Russia, Switzerland, Taiwan, the former Yugoslav Republic of Macedonia, Turkey and Ukraine. |
| --- | --- |

(20)

This included the four sampled Union producers, the applicant, the two cooperating importers and producers in Argentina, Iran, Japan, Malaysia, Russia, Switzerland, Taiwan, the former Yugoslav Republic of Macedonia, Turkey and Ukraine.

| (21) | Questionnaire replies were received from the four sampled Union producers, one importer, the applicant and a producer in Ukraine. |
| --- | --- |

(21)

Questionnaire replies were received from the four sampled Union producers, one importer, the applicant and a producer in Ukraine.

| (22) | The Commission sought and verified all the information it deemed necessary for the determination of the likelihood of continuation or recurrence of dumping and injury; and to determine whether maintaining the anti-dumping measures would not be against the Union interest. |
| --- | --- |

(22)

The Commission sought and verified all the information it deemed necessary for the determination of the likelihood of continuation or recurrence of dumping and injury; and to determine whether maintaining the anti-dumping measures would not be against the Union interest.

| (23) | Verification visits were carried out at the premises of the following companies:






  (a) | Union producers:






  — | Fondital, Brescia, Italy |
| --- | --- | --- | --- |

(23)

Verification visits were carried out at the premises of the following companies:

(a)

Union producers:

—

Fondital, Brescia, Italy

| — | Global Radiatori, Brescia, Italy |
| --- | --- |

—

Global Radiatori, Brescia, Italy

| — | Radiatori 2000, Bergamo, Italy |
| --- | --- |

—

Radiatori 2000, Bergamo, Italy

| — | Armatura, Kraków, Poland |
| --- | --- |

—

Armatura, Kraków, Poland

| (b) | Importers in the Union:






  — | Hydroland, Kraków, Poland |
| --- | --- | --- |

(b)

Importers in the Union:

—

Hydroland, Kraków, Poland

| (c) | Producer in an analogue country






  — | San Teh Raj, Odessa, Ukraine. |
| --- | --- | --- |

(c)

Producer in an analogue country

—

San Teh Raj, Odessa, Ukraine.

1.4.   Review investigation period and period considered

Review investigation period and period considered

| (24) | The investigation of the likelihood of continuation or recurrence of dumping and injury covered the period from 1 October 2016 to 30 September 2017 (‘the review investigation period’ or ‘RIP’). |
| --- | --- |

(24)

The investigation of the likelihood of continuation or recurrence of dumping and injury covered the period from 1 October 2016 to 30 September 2017 (‘the review investigation period’ or ‘RIP’).

| (25) | The examination of trends relevant for the assessment of the likelihood of a continuation or recurrence of injury covered the period from 1 January 2014 to the end of the review investigation period (‘the period considered’). |
| --- | --- |

(25)

The examination of trends relevant for the assessment of the likelihood of a continuation or recurrence of injury covered the period from 1 January 2014 to the end of the review investigation period (‘the period considered’).

2.   PRODUCT CONCERNED AND THE LIKE PRODUCT

2.1.   Product concerned

Product concerned

| (26) | The product concerned by the expiry review is the same product as the one defined in the original investigation, that is aluminium radiators and elements or sections of which such radiator is composed, whether or not such elements are assembled in blocks, excluding radiators and elements and sections thereof of the electrical type, currently falling within CN codes ex 7615 10 10, ex 7615 10 80, ex 7616 99 10 and ex 7616 99 90 (TARIC codes 7615101010, 7615108010, 7616991091, 7616999001 and 7616999091) and originating in the PRC (‘the product concerned’). |
| --- | --- |

(26)

The product concerned by the expiry review is the same product as the one defined in the original investigation, that is aluminium radiators and elements or sections of which such radiator is composed, whether or not such elements are assembled in blocks, excluding radiators and elements and sections thereof of the electrical type, currently falling within CN codes ex 7615 10 10, ex 7615 10 80, ex 7616 99 10 and ex 7616 99 90 (TARIC codes 7615101010, 7615108010, 7616991091, 7616999001 and 7616999091) and originating in the PRC (‘the product concerned’).

2.2.   Like product

Like product

| (27) | The investigation showed that the following products have the same basic physical and technical characteristics as well as the same basic uses:






  — | the product concerned |
| --- | --- | --- |

(27)

The investigation showed that the following products have the same basic physical and technical characteristics as well as the same basic uses:

—

the product concerned

| — | the product produced and sold on the domestic market of Ukraine, which served as an analogue country |
| --- | --- |

—

the product produced and sold on the domestic market of Ukraine, which served as an analogue country

| — | the product produced and sold in the Union by the Union industry. |
| --- | --- |

—

the product produced and sold in the Union by the Union industry.

| (28) | The Commission concluded that these products are like products within the meaning of Article 1(4) of the basic Regulation. |
| --- | --- |

(28)

The Commission concluded that these products are like products within the meaning of Article 1(4) of the basic Regulation.

3.   LIKELIHOOD OF CONTINUATION OR RECURRENCE OF DUMPING

3.1.   Likelihood of continuation or recurrence of dumping

Likelihood of continuation or recurrence of dumping

| (29) | In accordance with Article 11(2) of the basic Regulation, the Commission examined whether dumping was currently taking place and whether dumping was likely to continue or recur upon a possible expiry of the measures in force on imports from the PRC. |
| --- | --- |

(29)

In accordance with Article 11(2) of the basic Regulation, the Commission examined whether dumping was currently taking place and whether dumping was likely to continue or recur upon a possible expiry of the measures in force on imports from the PRC.

3.1.1.   Analogue country

Analogue country

| (30) | In accordance with Article 2(7) of the basic Regulation, normal value shall be determined on the basis of the price or constructed value in a market economy third country. For this purpose a market economy third country had to be selected (‘the analogue country’). |
| --- | --- |

(30)

In accordance with Article 2(7) of the basic Regulation, normal value shall be determined on the basis of the price or constructed value in a market economy third country. For this purpose a market economy third country had to be selected (‘the analogue country’).

| (31) | In the Notice of Initiation, the Commission informed interested parties that it envisaged Russia as an appropriate analogue country and invited interested parties to comment. No comments were received. |
| --- | --- |

(31)

In the Notice of Initiation, the Commission informed interested parties that it envisaged Russia as an appropriate analogue country and invited interested parties to comment. No comments were received.

| (32) | The Commission asked 60 producers of the like product in Argentina, Iran, Japan, Malaysia, Russia, Switzerland, Taiwan, the former Yugoslav Republic of Macedonia, Turkey and Ukraine to provide information. |
| --- | --- |

(32)

The Commission asked 60 producers of the like product in Argentina, Iran, Japan, Malaysia, Russia, Switzerland, Taiwan, the former Yugoslav Republic of Macedonia, Turkey and Ukraine to provide information.

| (33) | The Commission received only one reply, namely from one producer in Ukraine (San Teh Raj). |
| --- | --- |

(33)

The Commission received only one reply, namely from one producer in Ukraine (San Teh Raj).

| (34) | As no other reply was received, and since the Ukrainian market is considered to be an appropriate representative market for this purpose on the basis of its market size, it was decided that Ukraine is an appropriate analogue country under Article 2(7) of the basic Regulation. |
| --- | --- |

(34)

As no other reply was received, and since the Ukrainian market is considered to be an appropriate representative market for this purpose on the basis of its market size, it was decided that Ukraine is an appropriate analogue country under Article 2(7) of the basic Regulation.

3.1.2.   Normal Value

Normal Value

| (35) | The information received from the cooperating producer in the analogue country was used as a basis for the determination of the normal value for the PRC, pursuant to Article 2(7) of the basic Regulation. |
| --- | --- |

(35)

The information received from the cooperating producer in the analogue country was used as a basis for the determination of the normal value for the PRC, pursuant to Article 2(7) of the basic Regulation.

| (36) | The Commission first examined whether the total volume of domestic sales of the analogue country producer was representative. The domestic sales are representative if the total domestic sales volume of the like product to independent customers on the domestic market represented at least 5 % of the total export sales volume of the product concerned to the Union during the review investigation period. On this basis, the total sales by the analogue country producer were representative. |
| --- | --- |

(36)

The Commission first examined whether the total volume of domestic sales of the analogue country producer was representative. The domestic sales are representative if the total domestic sales volume of the like product to independent customers on the domestic market represented at least 5 % of the total export sales volume of the product concerned to the Union during the review investigation period. On this basis, the total sales by the analogue country producer were representative.

| (37) | According to information received from the applicant, there is no clear basis to determine the product type on the basis of the five TARIC codes covered by the investigation. Indeed, the product description of all five TARIC codes is identical, namely ‘Aluminium radiators and elements or sections of which such radiator is composed, whether or not such elements are assembled in blocks’. No further differentiation is made at the TARIC level. The difference between the five TARIC codes is caused by other criteria, such as the end-use and the production method. For example, if a radiator is for domestic use, it falls under tariff heading 7615. If the same radiator is used in a commercial or industrial building, it falls under tariff heading 7616. Performance-related criteria such as the power output, the dimensions and the weight of the element are not covered by the customs classification. |
| --- | --- |

(37)

According to information received from the applicant, there is no clear basis to determine the product type on the basis of the five TARIC codes covered by the investigation. Indeed, the product description of all five TARIC codes is identical, namely ‘Aluminium radiators and elements or sections of which such radiator is composed, whether or not such elements are assembled in blocks’. No further differentiation is made at the TARIC level. The difference between the five TARIC codes is caused by other criteria, such as the end-use and the production method. For example, if a radiator is for domestic use, it falls under tariff heading 7615. If the same radiator is used in a commercial or industrial building, it falls under tariff heading 7616. Performance-related criteria such as the power output, the dimensions and the weight of the element are not covered by the customs classification.

Aluminium radiators and elements or sections of which such radiator is composed, whether or not such elements are assembled in blocks

| (38) | On this basis, the Commission decided that one weighted average normal value should be established. |
| --- | --- |

(38)

On this basis, the Commission decided that one weighted average normal value should be established.

| (39) | For that, the Commission defined the proportion of profitable sales to independent customers on the domestic market during the review investigation period in order to decide whether to use actual domestic sales for the calculation of the normal value. |
| --- | --- |

(39)

For that, the Commission defined the proportion of profitable sales to independent customers on the domestic market during the review investigation period in order to decide whether to use actual domestic sales for the calculation of the normal value.

| (40) | The normal value is based on the actual domestic price, irrespective of whether those sales are profitable or not, if






  (a) | the sales volume, sold at a net sales price equal to or above the calculated cost of production, represented more than 80 % of the total sales volume; and |
| --- | --- | --- |

(40)

The normal value is based on the actual domestic price, irrespective of whether those sales are profitable or not, if

(a)

the sales volume, sold at a net sales price equal to or above the calculated cost of production, represented more than 80 % of the total sales volume; and

| (b) | the weighted average sales price is equal to or higher than the unit cost of production. |
| --- | --- |

(b)

the weighted average sales price is equal to or higher than the unit cost of production.

| (41) | The analysis of domestic sales showed that more than 80 % of all domestic sales were profitable and that the weighted average sales price was higher than the cost of production. Accordingly, the normal value was calculated as a weighted average of the prices of all domestic sales during the review investigation period. |
| --- | --- |

(41)

The analysis of domestic sales showed that more than 80 % of all domestic sales were profitable and that the weighted average sales price was higher than the cost of production. Accordingly, the normal value was calculated as a weighted average of the prices of all domestic sales during the review investigation period.

3.1.3.   Export price

Export price

| (42) | The Commission did not receive any questionnaire reply from exporting producers in the PRC. As a consequence of non-cooperation, pursuant to Article 18(1) of the basic Regulation, the Commission informed the exporting producers in the PRC and the authorities of the PRC that if sufficient cooperation on the part of exporting producers was not forthcoming, the Commission may base its findings on the facts available. The Commission also stressed that a finding based on facts available may be less advantageous to the parties concerned. No reaction was received. The Commission thus established the export price on the basis of Eurostat import statistics (‘Comext’). |
| --- | --- |

(42)

The Commission did not receive any questionnaire reply from exporting producers in the PRC. As a consequence of non-cooperation, pursuant to Article 18(1) of the basic Regulation, the Commission informed the exporting producers in the PRC and the authorities of the PRC that if sufficient cooperation on the part of exporting producers was not forthcoming, the Commission may base its findings on the facts available. The Commission also stressed that a finding based on facts available may be less advantageous to the parties concerned. No reaction was received. The Commission thus established the export price on the basis of Eurostat import statistics (‘Comext’).

| (43) | As indicated in recital (37), there is no clear basis to determine which product types are classified in the five TARIC codes covered by the investigation. Therefore, one weighted average export price was established for all aluminium radiators imported from the PRC. |
| --- | --- |

(43)

As indicated in recital (37), there is no clear basis to determine which product types are classified in the five TARIC codes covered by the investigation. Therefore, one weighted average export price was established for all aluminium radiators imported from the PRC.

3.1.4.   Comparison

Comparison

| (44) | The Commission compared the normal value and the export price on an ex-works basis. |
| --- | --- |

(44)

The Commission compared the normal value and the export price on an ex-works basis.

| (45) | Where justified by the need to ensure a fair comparison, the Commission adjusted the normal value and the export price for differences affecting prices and price comparability, in accordance with Article 2(10) of the basic Regulation. An upwards adjustment in the range of 4 %-6 % was made to the normal value for non-refundable VAT costs, and a downwards adjustment of 4 %-6 % was made to the export price for insurance and freight costs. |
| --- | --- |

(45)

Where justified by the need to ensure a fair comparison, the Commission adjusted the normal value and the export price for differences affecting prices and price comparability, in accordance with Article 2(10) of the basic Regulation. An upwards adjustment in the range of 4 %-6 % was made to the normal value for non-refundable VAT costs, and a downwards adjustment of 4 %-6 % was made to the export price for insurance and freight costs.

3.1.5.   Dumping margin

Dumping margin

| (46) | The Commission compared the weighted average normal value of the like product with the weighted average price of all exports to the Union, in accordance with Articles 2(11) and (12) of the basic Regulation. |
| --- | --- |

(46)

The Commission compared the weighted average normal value of the like product with the weighted average price of all exports to the Union, in accordance with Articles 2(11) and (12) of the basic Regulation.

| (47) | On this basis, the Commission found a dumping margin, expressed as a percentage of the CIF Union frontier price duty unpaid, at a level above 15 %. |
| --- | --- |

(47)

On this basis, the Commission found a dumping margin, expressed as a percentage of the CIF Union frontier price duty unpaid, at a level above 15 %.

3.2.   Development of imports should measures be repealed

Development of imports should measures be repealed

| (48) | Further to the finding of dumping during the review investigation period, the Commission analysed whether there was a likelihood of continuation of dumping should measures be repealed. The following elements were analysed: spare capacity in the PRC and the attractiveness of the Union market. |
| --- | --- |

(48)

Further to the finding of dumping during the review investigation period, the Commission analysed whether there was a likelihood of continuation of dumping should measures be repealed. The following elements were analysed: spare capacity in the PRC and the attractiveness of the Union market.

| (49) | As a consequence of non-cooperation of exporting producers from the PRC, the examination of the likelihood of continuation of dumping in order to assess the development of imports should measures be repealed was based on the information available to the Commission, that is, information supplied in the request for review and information from other independent available sources, such as official import statistics and information obtained from interested parties during the investigation. The information supplied in the request included a survey conducted by a Chinese business consultancy, and a Report (5) entitled ‘Overcapacity in China’ published by the European Union Chamber of Commerce in China. The information provided by the applicant in this regard was not contested by interested parties. The Commission found no evidence to contradict this information. |
| --- | --- |

(49)

As a consequence of non-cooperation of exporting producers from the PRC, the examination of the likelihood of continuation of dumping in order to assess the development of imports should measures be repealed was based on the information available to the Commission, that is, information supplied in the request for review and information from other independent available sources, such as official import statistics and information obtained from interested parties during the investigation. The information supplied in the request included a survey conducted by a Chinese business consultancy, and a Report (5) entitled ‘Overcapacity in China’ published by the European Union Chamber of Commerce in China. The information provided by the applicant in this regard was not contested by interested parties. The Commission found no evidence to contradict this information.

5

3.2.1.   Spare capacity in the PRC

Spare capacity in the PRC

| (50) | The survey analysed the size of the Chinese spare capacity for aluminium radiators under two scenarios. Depending on which of two scenarios is adopted, the spare capacity amounts to 27,5 million elements or 112,5 million elements. Regardless which scenario is adopted, spare capacity for aluminium radiators is significant, representing either about 94 % or about 386 % of the total Union consumption (see recital (62)). |
| --- | --- |

(50)

The survey analysed the size of the Chinese spare capacity for aluminium radiators under two scenarios. Depending on which of two scenarios is adopted, the spare capacity amounts to 27,5 million elements or 112,5 million elements. Regardless which scenario is adopted, spare capacity for aluminium radiators is significant, representing either about 94 % or about 386 % of the total Union consumption (see recital (62)).

| (51) | The Report published by the European Union Chamber of Commerce in China analysed the spare capacity of the Chinese aluminium industry in general. According to this report, the spare capacity doubled from almost 5 million tonnes to almost 10 million tonnes between 2008 and 2015. It is therefore clear that the Chinese producers of aluminium radiators would be able to source additional quantities of aluminium if they were to increase their production. |
| --- | --- |

(51)

The Report published by the European Union Chamber of Commerce in China analysed the spare capacity of the Chinese aluminium industry in general. According to this report, the spare capacity doubled from almost 5 million tonnes to almost 10 million tonnes between 2008 and 2015. It is therefore clear that the Chinese producers of aluminium radiators would be able to source additional quantities of aluminium if they were to increase their production.

| (52) | Neither the survey nor the investigation brought to light any elements that could indicate any significant increase of domestic demand in China in the near future. The same is true for Chinese exports to other third countries as there is no information available that would indicate any significant increase of demand for aluminium radiators worldwide. |
| --- | --- |

(52)

Neither the survey nor the investigation brought to light any elements that could indicate any significant increase of domestic demand in China in the near future. The same is true for Chinese exports to other third countries as there is no information available that would indicate any significant increase of demand for aluminium radiators worldwide.

| (53) | Therefore, in the absence of any other information, it is considered that neither domestic demand nor worldwide demand will be able to absorb the significant spare capacity available in the PRC. |
| --- | --- |

(53)

Therefore, in the absence of any other information, it is considered that neither domestic demand nor worldwide demand will be able to absorb the significant spare capacity available in the PRC.

3.2.2.   Attractiveness of the Union market

Attractiveness of the Union market

| (54) | In order to establish the possible development of imports in case measures are repealed, the Commission considered the attractiveness of the Union market with regard to prices. |
| --- | --- |

(54)

In order to establish the possible development of imports in case measures are repealed, the Commission considered the attractiveness of the Union market with regard to prices.

| (55) | The Commission analysed export data from the PRC to third countries at eight-digit level during the review investigation period. However, such export prices were not considered to accurately represent aluminium radiator prices as the classifications at that level included a wide range of products in addition to the product concerned, by far exceeding (at least 100 times) the volume of imports of aluminium radiators. Therefore, Chinese export statistics do not provide conclusive evidence concerning Chinese export prices on other markets. |
| --- | --- |

(55)

The Commission analysed export data from the PRC to third countries at eight-digit level during the review investigation period. However, such export prices were not considered to accurately represent aluminium radiator prices as the classifications at that level included a wide range of products in addition to the product concerned, by far exceeding (at least 100 times) the volume of imports of aluminium radiators. Therefore, Chinese export statistics do not provide conclusive evidence concerning Chinese export prices on other markets.

| (56) | In the absence of conclusive data on the prices to third countries due to non-cooperation by the Chinese exporting producers, in accordance with Article 18(1) of the basic Regulation, the Commission based its findings on information in the request for review. |
| --- | --- |

(56)

In the absence of conclusive data on the prices to third countries due to non-cooperation by the Chinese exporting producers, in accordance with Article 18(1) of the basic Regulation, the Commission based its findings on information in the request for review.

| (57) | Given the substantial spare capacity of Chinese exporting producers and the saturation of certain existing markets, Chinese exporting producers would very likely direct their substantial spare capacity to the Union market, if the anti-dumping measures were repealed. Also, the report ‘Overcapacity in China’ further emphasised that Chinese government policy encourages exports by providing financial support and tax benefits, increasing the attractiveness of export markets such as the Union market. |
| --- | --- |

(57)

Given the substantial spare capacity of Chinese exporting producers and the saturation of certain existing markets, Chinese exporting producers would very likely direct their substantial spare capacity to the Union market, if the anti-dumping measures were repealed. Also, the report ‘Overcapacity in China’ further emphasised that Chinese government policy encourages exports by providing financial support and tax benefits, increasing the attractiveness of export markets such as the Union market.

| (58) | The significant export volumes and market shares from the PRC during the original investigation period and the continuing export of aluminium radiators from the PRC to the Union market at reduced but still significant volumes, allow the Commission to conclude that the Union market is attractive for aluminium radiator producers in the PRC. Also, Chinese export prices continue to be dumped (see recital (47)) and significantly undercut the prices of the Union industry (see recital (76)). Given the huge spare capacities in the PRC and the low level of the Chinese prices, there is a high likelihood that imports will significantly increase should the anti-dumping measures be repealed. |
| --- | --- |

(58)

The significant export volumes and market shares from the PRC during the original investigation period and the continuing export of aluminium radiators from the PRC to the Union market at reduced but still significant volumes, allow the Commission to conclude that the Union market is attractive for aluminium radiator producers in the PRC. Also, Chinese export prices continue to be dumped (see recital (47)) and significantly undercut the prices of the Union industry (see recital (76)). Given the huge spare capacities in the PRC and the low level of the Chinese prices, there is a high likelihood that imports will significantly increase should the anti-dumping measures be repealed.

3.2.3.   Conclusion on the likelihood of continuation of dumping

Conclusion on the likelihood of continuation of dumping

| (59) | Based on the above, in particular given the dumping margin established in the RIP, the significant spare capacity available in the PRC and the attractiveness of Union market, the Commission expects that a repeal of measures would likely result in a continuation of dumping, and that dumped exports will enter the Union market in significant quantities. It is therefore considered that there is a likelihood of continuation of dumping should the current anti-dumping measures be allowed to lapse. |
| --- | --- |

(59)

Based on the above, in particular given the dumping margin established in the RIP, the significant spare capacity available in the PRC and the attractiveness of Union market, the Commission expects that a repeal of measures would likely result in a continuation of dumping, and that dumped exports will enter the Union market in significant quantities. It is therefore considered that there is a likelihood of continuation of dumping should the current anti-dumping measures be allowed to lapse.

4.   LIKELIHOOD OF RECURRENCE OF INJURY

4.1.   Definition of the Union industry and Union production

Definition of the Union industry and Union production

| (60) | During the review investigation period, the like product was produced by 6 producers in the Union. They constitute the ‘Union industry’ within the meaning of Article 4(1) of the basic Regulation. |
| --- | --- |

(60)

During the review investigation period, the like product was produced by 6 producers in the Union. They constitute the ‘Union industry’ within the meaning of Article 4(1) of the basic Regulation.

4.2.   Preliminary remarks

Preliminary remarks

| (61) | Injury has been assessed on the basis of trends concerning production, production capacity, capacity utilisation, sales, market share, employment, productivity and growth collected at the level of the total Union industry and trends concerning prices, profitability, cash flow, ability to raise capital and investments, stocks, return on investment and wages collected at the level of the sampled Union producers. |
| --- | --- |

(61)

Injury has been assessed on the basis of trends concerning production, production capacity, capacity utilisation, sales, market share, employment, productivity and growth collected at the level of the total Union industry and trends concerning prices, profitability, cash flow, ability to raise capital and investments, stocks, return on investment and wages collected at the level of the sampled Union producers.

4.3.   Union consumption

Union consumption

| (62) | The Commission established Union consumption by adding together:






  (a) | the verified sales in the Union of the four sampled Union producers; |
| --- | --- | --- |

(62)

The Commission established Union consumption by adding together:

(a)

the verified sales in the Union of the four sampled Union producers;

| (b) | the sales in the Union of non-sampled cooperating Union producers, obtained from the review request and data supplied by AIRAL; and |
| --- | --- |

(b)

the sales in the Union of non-sampled cooperating Union producers, obtained from the review request and data supplied by AIRAL; and

| (c) | imports as reported by Eurostat. |
| --- | --- |

(c)

imports as reported by Eurostat.

| (63) | Union consumption of aluminium radiators developed as follows:

  Table 1


  Union consumption | 2014 | 2015 | 2016 | RIP |
| --- | --- | --- | --- | --- | --- |
| Total Union consumption (elements) | 24 042 569 | 25 768 567 | 27 283 660 | 27 960 430 |
| Index (2014 = 100) | 100 | 107 | 113 | 116 |
| Source: Eurostat, AIRAL and questionnaire replies |

(63)

Union consumption of aluminium radiators developed as follows:

Table 1

Table 1

Union consumption

Union consumption

2014

2015

2016

RIP

Total Union consumption (elements)

24 042 569

25 768 567

27 283 660

27 960 430

Index (2014 = 100)

Index (2014 = 100)

100

100

107

107

113

113

116

116

Source: Eurostat, AIRAL and questionnaire replies

Source:

| (64) | Union consumption increased gradually by 16 % in the period considered. A year-by-year analysis shows this gradual rise throughout the period, faster between 2014 and 2015 and then levelling off between 2016 and the end of the RIP. |
| --- | --- |

(64)

Union consumption increased gradually by 16 % in the period considered. A year-by-year analysis shows this gradual rise throughout the period, faster between 2014 and 2015 and then levelling off between 2016 and the end of the RIP.

4.4.   Imports from the PRC

Imports from the PRC

4.4.1.   Volume and market share of imports from the PRC

Volume and market share of imports from the PRC

| (65) | The Commission established the volume of imports of aluminium radiators from the PRC into the Union on the basis of Eurostat data and the market shares of the imports by comparing these import volumes with the Union consumption as shown in Table 1. |
| --- | --- |

(65)

The Commission established the volume of imports of aluminium radiators from the PRC into the Union on the basis of Eurostat data and the market shares of the imports by comparing these import volumes with the Union consumption as shown in Table 1.

| (66) | Imports of aluminium radiators from the PRC into the Union developed as follows:

  Table 2


  Import quantities and market shares | 2014 | 2015 | 2016 | 2017 |
| --- | --- | --- | --- | --- | --- |
| Volume of imports from the PRC (elements) | 1 652 979 | 456 581 | 983 268 | 746 354 |
| Index (2014 = 100) | 100 | 28 | 59 | 45 |
| Market share of PRC imports (%) | 7 | 2 | 4 | 3 |
| Source: Eurostat |

(66)

Imports of aluminium radiators from the PRC into the Union developed as follows:

Table 2

Table 2

Import quantities and market shares

Import quantities and market shares

2014

2015

2016

2017

Volume of imports from the PRC (elements)

1 652 979

456 581

983 268

746 354

Index (2014 = 100)

Index (2014 = 100)

100

100

28

28

59

59

45

45

Market share of PRC imports (%)

7

2

4

3

Source: Eurostat

Source:

| (67) | Imports from the PRC were at a peak in 2014, with a sharp fall in 2015 and then a recovery in 2016, falling back again in the RIP. Given the increase in Union consumption at the same time, the market share of the imports from the PRC fell from a peak of 7 % to a low point of 3 % at the end of the RIP. |
| --- | --- |

(67)

Imports from the PRC were at a peak in 2014, with a sharp fall in 2015 and then a recovery in 2016, falling back again in the RIP. Given the increase in Union consumption at the same time, the market share of the imports from the PRC fell from a peak of 7 % to a low point of 3 % at the end of the RIP.

| (68) | It is however relevant for the analysis of injury to note that imports from the PRC continued to enter the Union, with duties paid, throughout the period considered. |
| --- | --- |

(68)

It is however relevant for the analysis of injury to note that imports from the PRC continued to enter the Union, with duties paid, throughout the period considered.

4.4.2.   Prices of imports from the PRC

Prices of imports from the PRC

| (69) | The Commission used the prices of imports from the PRC reported by Eurostat. |
| --- | --- |

(69)

The Commission used the prices of imports from the PRC reported by Eurostat.

| (70) | The average prices of imports from the PRC into the Union developed as follows:

  Table 3


  PRC import prices | 2014 | 2015 | 2016 | RIP |
| --- | --- | --- | --- | --- | --- |
| PRC import prices
  (EUR per element) | 2,47 | 3,29 | 3,28 | 3,37 |
| Index (2014 = 100) | 100 | 133 | 133 | 136 |
| Source: Eurostat |

(70)

The average prices of imports from the PRC into the Union developed as follows:

Table 3

Table 3

PRC import prices

PRC import prices

2014

2015

2016

RIP

PRC import prices

(EUR per element)

2,47

3,29

3,28

3,37

Index (2014 = 100)

Index (2014 = 100)

100

100

133

133

133

133

136

136

Source: Eurostat

Source:

| (71) | Import prices from the PRC increased by 36 % over the period considered with the biggest increase occurring between 2014 and 2015. |
| --- | --- |

(71)

Import prices from the PRC increased by 36 % over the period considered with the biggest increase occurring between 2014 and 2015.

| (72) | Despite the increase in the unit price of imports from the PRC during the period considered, the average import price per unit from the PRC was significantly lower than both the average per unit sales price and the average unit cost of production of the Union industry as reported in Table 7. This resulted in strong price pressure on the Union sales prices. |
| --- | --- |

(72)

Despite the increase in the unit price of imports from the PRC during the period considered, the average import price per unit from the PRC was significantly lower than both the average per unit sales price and the average unit cost of production of the Union industry as reported in Table 7. This resulted in strong price pressure on the Union sales prices.

sales prices

4.4.3.   Price undercutting

Price undercutting

| (73) | The Commission determined the price undercutting during the review investigation period by comparing:






  (a) | the weighted average sales prices of the sampled Union producers charged to unrelated customers in the Union market, adjusted to an ex-works level; and |
| --- | --- | --- |

(73)

The Commission determined the price undercutting during the review investigation period by comparing:

(a)

the weighted average sales prices of the sampled Union producers charged to unrelated customers in the Union market, adjusted to an ex-works level; and

| (b) | data from Eurostat for imports of aluminium radiators from the PRC at a CIF level, adjusted to a landed price, including an amount of anti-dumping duty |
| --- | --- |

(b)

data from Eurostat for imports of aluminium radiators from the PRC at a CIF level, adjusted to a landed price, including an amount of anti-dumping duty

| (74) | The result of the comparison was expressed as a percentage of the sampled Union producers' average price during the review investigation period. |
| --- | --- |

(74)

The result of the comparison was expressed as a percentage of the sampled Union producers' average price during the review investigation period.

| (75) | The comparison showed for imports from the PRC an average undercutting margin of 19,3 % in the Union market during the review investigation period. |
| --- | --- |

(75)

The comparison showed for imports from the PRC an average undercutting margin of 19,3 % in the Union market during the review investigation period.

4.5.   Economic situation of the Union industry

Economic situation of the Union industry

4.5.1.   General remarks

General remarks

| (76) | In accordance with Article 3(4) of the basic Regulation, the Commission examined the effect of the dumped imports on the Union industry by evaluating all the economic indicators that had a bearing on the state of the Union industry during the period considered. |
| --- | --- |

(76)

In accordance with Article 3(4) of the basic Regulation, the Commission examined the effect of the dumped imports on the Union industry by evaluating all the economic indicators that had a bearing on the state of the Union industry during the period considered.

| (77) | As referred to in recital (12) sampling was used for the determination of possible injury suffered by the Union industry. |
| --- | --- |

(77)

As referred to in recital (12) sampling was used for the determination of possible injury suffered by the Union industry.

| (78) | For the injury determination, the Commission distinguished between macroeconomic and microeconomic injury indicators. |
| --- | --- |

(78)

For the injury determination, the Commission distinguished between macroeconomic and microeconomic injury indicators.

| (79) | The Commission evaluated the macroeconomic indicators on the basis of data in the review request, data submitted by AIRAL and the verified questionnaire replies of the sampled Union producers. The data related to all Union producers. |
| --- | --- |

(79)

The Commission evaluated the macroeconomic indicators on the basis of data in the review request, data submitted by AIRAL and the verified questionnaire replies of the sampled Union producers. The data related to all Union producers.

| (80) | The Commission evaluated the microeconomic indicators on the basis of verified data in the questionnaire replies from the sampled Union producers. |
| --- | --- |

(80)

The Commission evaluated the microeconomic indicators on the basis of verified data in the questionnaire replies from the sampled Union producers.

| (81) | Both sets of data were found to be representative of the economic situation of the Union industry. |
| --- | --- |

(81)

Both sets of data were found to be representative of the economic situation of the Union industry.

| (82) | The macroeconomic indicators are: production, production capacity, capacity utilisation, sales volume, market share, growth, employment and productivity. |
| --- | --- |

(82)

The macroeconomic indicators are: production, production capacity, capacity utilisation, sales volume, market share, growth, employment and productivity.

| (83) | The microeconomic indicators are: average unit prices, unit cost, labour costs, inventories, profitability, cash flow, investments, return on investments and ability to raise capital. |
| --- | --- |

(83)

The microeconomic indicators are: average unit prices, unit cost, labour costs, inventories, profitability, cash flow, investments, return on investments and ability to raise capital.

4.5.2.   Macroeconomic indicators

Macroeconomic indicators

4.5.2.1.   Production, production capacity and capacity utilisation

| (84) | The total Union industry's production, production capacity and capacity utilisation developed over the period considered as follows:

  Table 4


  Production, production capacity and capacity utilisation of Union producers | 2014 | 2015 | 2016 | RIP |
| --- | --- | --- | --- | --- | --- |
| Production volume (elements) | 46 693 417 | 42 280 155 | 41 857 954 | 41 449 917 |
| Index (2014 = 100) | 100 | 91 | 90 | 89 |
| Production capacity (elements) | 93 110 159 | 93 279 192 | 84 940 419 | 82 263 333 |
| Index (2014 = 100) | 100 | 100 | 91 | 88 |
| Capacity utilisation (%) | 50 | 45 | 49 | 50 |
| Index (2014 = 100) | 100 | 90 | 98 | 100 |
| Source: Eurostat, AIRAL and questionnaire replies |

(84)

The total Union industry's production, production capacity and capacity utilisation developed over the period considered as follows:

Table 4

Table 4

Production, production capacity and capacity utilisation of Union producers

Production, production capacity and capacity utilisation of Union producers

2014

2015

2016

RIP

Production volume (elements)

46 693 417

42 280 155

41 857 954

41 449 917

Index (2014 = 100)

Index (2014 = 100)

100

100

91

91

90

90

89

89

Production capacity (elements)

93 110 159

93 279 192

84 940 419

82 263 333

Index (2014 = 100)

Index (2014 = 100)

100

100

100

100

91

91

88

88

Capacity utilisation (%)

50

45

49

50

Index (2014 = 100)

Index (2014 = 100)

100

100

90

90

98

98

100

100

Source: Eurostat, AIRAL and questionnaire replies

Source:

| (85) | The production volume of the Union industry decreased by 11 % over the period considered. A year-by-year analysis demonstrates that it first decreased by 9 % in 2015 and then remained rather stable between 2015 and the end of the RIP. |
| --- | --- |

(85)

The production volume of the Union industry decreased by 11 % over the period considered. A year-by-year analysis demonstrates that it first decreased by 9 % in 2015 and then remained rather stable between 2015 and the end of the RIP.

| (86) | The production capacity of the Union industry decreased by 12 % over the period considered, showing that the Union industry was able to reduce capacity to deal with the reduction in production during the period. |
| --- | --- |

(86)

The production capacity of the Union industry decreased by 12 % over the period considered, showing that the Union industry was able to reduce capacity to deal with the reduction in production during the period.

| (87) | Capacity utilisation remained low throughout the period considered, but after a drop in 2015 was able to return to 2014 levels by the end of the RIP. |
| --- | --- |

(87)

Capacity utilisation remained low throughout the period considered, but after a drop in 2015 was able to return to 2014 levels by the end of the RIP.

4.5.2.2.   Sales volume and market share

| (88) | The Union industry's sales volume in the Union and market share developed over the period considered as follows:

  Table 5


  Sales volume and market share of Union producers | 2014 | 2015 | 2016 | RIP |
| --- | --- | --- | --- | --- | --- |
| Sales volume in the Union (elements) | 21 445 218 | 25 083 295 | 25 938 789 | 26 681 081 |
| Index (2014 = 100) | 100 | 117 | 121 | 124 |
| Market share (%) | 89 | 97 | 95 | 95 |
| Index (2014 = 100) | 100 | 109 | 107 | 107 |
| Source: Eurostat, AIRAL and questionnaire replies |

(88)

The Union industry's sales volume in the Union and market share developed over the period considered as follows:

Table 5

Table 5

Sales volume and market share of Union producers

Sales volume and market share of Union producers

2014

2015

2016

RIP

Sales volume in the Union (elements)

21 445 218

25 083 295

25 938 789

26 681 081

Index (2014 = 100)

Index (2014 = 100)

100

100

117

117

121

121

124

124

Market share (%)

89

97

95

95

Index (2014 = 100)

Index (2014 = 100)

100

100

109

109

107

107

107

107

Source: Eurostat, AIRAL and questionnaire replies

Source:

| (89) | The sales volume of the Union industry in the Union market increased over the period considered by around 24 % or in excess of the growth in consumption on the Union market over the same period. |
| --- | --- |

(89)

The sales volume of the Union industry in the Union market increased over the period considered by around 24 % or in excess of the growth in consumption on the Union market over the same period.

| (90) | The Union industry's market share increased from 89 % to 95 % over the period considered, following the increase in Union consumption and the decline in imports after 2014. |
| --- | --- |

(90)

The Union industry's market share increased from 89 % to 95 % over the period considered, following the increase in Union consumption and the decline in imports after 2014.

4.5.2.3.   Growth

| (91) | Union consumption increased over the period considered by 16 % while the sales volume of the Union industry increased by 24 % which increased the Union industry's market share, while still showing space on the market for imports from the PRC and elsewhere. |
| --- | --- |

(91)

Union consumption increased over the period considered by 16 % while the sales volume of the Union industry increased by 24 % which increased the Union industry's market share, while still showing space on the market for imports from the PRC and elsewhere.

4.5.2.4.   Employment and productivity

| (92) | Employment and productivity of the Union industry developed over the period considered as follows:

  Table 6


  Employment and productivity of Union producers | 2014 | 2015 | 2016 | RIP |
| --- | --- | --- | --- | --- | --- |
| Number of employees | 1 387 | 1 306 | 1 313 | 1 323 |
| Index (2014 = 100) | 100 | 94 | 95 | 95 |
| Productivity (elements/employee) | 34 676 | 32 365 | 31 869 | 31 379 |
| Index (2014 = 100) | 100 | 93 | 92 | 90 |
| Source: Eurostat, AIRAL and questionnaire replies |

(92)

Employment and productivity of the Union industry developed over the period considered as follows:

Table 6

Table 6

Employment and productivity of Union producers

Employment and productivity of Union producers

2014

2015

2016

RIP

Number of employees

1 387

1 306

1 313

1 323

Index (2014 = 100)

Index (2014 = 100)

100

100

94

94

95

95

95

95

Productivity (elements/employee)

34 676

32 365

31 869

31 379

Index (2014 = 100)

Index (2014 = 100)

100

100

93

93

92

92

90

90

Source: Eurostat, AIRAL and questionnaire replies

Source:

| (93) | Due to reduced production, employment of the Union industry also reduced by 5 % during the period considered. |
| --- | --- |

(93)

Due to reduced production, employment of the Union industry also reduced by 5 % during the period considered.

| (94) | Due to the decrease in production however during the same period, the productivity of the Union industry declined during the period, in line with the decrease in production. |
| --- | --- |

(94)

Due to the decrease in production however during the same period, the productivity of the Union industry declined during the period, in line with the decrease in production.

4.5.3.   Microeconomic indicators

Microeconomic indicators

4.5.3.1.   Prices and factors affecting prices

| (95) | The average sales prices of the sampled Union producers to unrelated customers in the Union developed over the period considered as follows:

  Table 7


  Average sales prices in the Union and unit cost | 2014 | 2015 | 2016 | RIP |
| --- | --- | --- | --- | --- | --- |
| Average unit selling price in the Union (EUR/element) | 5,7 | 5,7 | 5,7 | 5,7 |
| Index (2014 = 100) | 100 | 100 | 100 | 100 |
| Unit cost of production (EUR/element) | 5,2 | 5,5 | 5,4 | 5,2 |
| Index (2014 = 100) | 100 | 106 | 103 | 101 |
| Source: Questionnaire replies |

(95)

The average sales prices of the sampled Union producers to unrelated customers in the Union developed over the period considered as follows:

Table 7

Table 7

Average sales prices in the Union and unit cost

Average sales prices in the Union and unit cost

2014

2015

2016

RIP

Average unit selling price in the Union (EUR/element)

5,7

5,7

5,7

5,7

Index (2014 = 100)

Index (2014 = 100)

100

100

100

100

100

100

100

100

Unit cost of production (EUR/element)

5,2

5,5

5,4

5,2

Index (2014 = 100)

Index (2014 = 100)

100

100

106

106

103

103

101

101

Source: Questionnaire replies

Source:

| (96) | The Union industry's average unit sales price to unrelated customers in the Union remained stable during the period considered, at EUR 5,7 per element. |
| --- | --- |

(96)

The Union industry's average unit sales price to unrelated customers in the Union remained stable during the period considered, at EUR 5,7 per element.

| (97) | The average cost of production of the Union industry slightly increased by 1 % during the period considered, rising in 2015 by 6 %, before dropping by 5 % between 2015 and the end of the RIP. |
| --- | --- |

(97)

The average cost of production of the Union industry slightly increased by 1 % during the period considered, rising in 2015 by 6 %, before dropping by 5 % between 2015 and the end of the RIP.

4.5.3.2.   Labour costs

| (98) | The average labour costs of the sampled Union producers developed over the period considered as follows:

  Table 8


  Average labour costs per employee | 2014 | 2015 | 2016 | RIP |
| --- | --- | --- | --- | --- | --- |
| Average labour costs per employee (EUR/employee) | 32 242 | 32 604 | 32 880 | 32 086 |
| Index (2014 = 100) | 100 | 101 | 102 | 100 |
| Source: Questionnaire replies |

(98)

The average labour costs of the sampled Union producers developed over the period considered as follows:

Table 8

Table 8

Average labour costs per employee

Average labour costs per employee

2014

2015

2016

RIP

Average labour costs per employee (EUR/employee)

32 242

32 604

32 880

32 086

Index (2014 = 100)

Index (2014 = 100)

100

100

101

101

102

102

100

100

Source: Questionnaire replies

Source:

| (99) | The average labour costs per employee of the Union industry increased slightly over the period considered. |
| --- | --- |

(99)

The average labour costs per employee of the Union industry increased slightly over the period considered.

4.5.3.3.   Stocks

| (100) | Stock levels of the sampled Union producers developed over the period considered as follows:

  Table 9


  Stocks | 2014 | 2015 | 2016 | RIP |
| --- | --- | --- | --- | --- | --- |
| Closing stock (elements) | 4 379 462 | 3 735 054 | 4 234 495 | 3 613 428 |
| Index (2014 = 100) | 100 | 85 | 97 | 83 |
| Closing stock as a percentage of production (%) | 12,6 | 12,2 | 14,2 | 12,1 |
| Index (2014 = 100) | 100 | 98 | 113 | 96 |
| Source: Questionnaire replies |

(100)

Stock levels of the sampled Union producers developed over the period considered as follows:

Table 9

Table 9

Stocks

Stocks

2014

2015

2016

RIP

Closing stock (elements)

4 379 462

3 735 054

4 234 495

3 613 428

Index (2014 = 100)

Index (2014 = 100)

100

100

85

85

97

97

83

83

Closing stock as a percentage of production (%)

12,6

12,2

14,2

12,1

Index (2014 = 100)

Index (2014 = 100)

100

100

98

98

113

113

96

96

Source: Questionnaire replies

Source:

| (101) | The level of closing stocks of the Union industry decreased by 17 % during the period considered. In the period considered, the level of stocks represented between 12 and 14 % of their production. |
| --- | --- |

(101)

The level of closing stocks of the Union industry decreased by 17 % during the period considered. In the period considered, the level of stocks represented between 12 and 14 % of their production.

4.5.3.4.   Profitability, cash flow, investments, return on investments and ability to raise capital

| (102) | The Commission established the profitability of the Union industry by expressing the pre-tax net profit of the sales of the like product to unrelated customers in the Union as a percentage of the turnover of those sales. |
| --- | --- |

(102)

The Commission established the profitability of the Union industry by expressing the pre-tax net profit of the sales of the like product to unrelated customers in the Union as a percentage of the turnover of those sales.

| (103) | Profitability, cash flow, investments and return on investments of the sampled Union producers developed over the period considered as follows:

  Table 10


  Profitability, cash flow, investments and return on investments | 2014 | 2015 | 2016 | RIP |
| --- | --- | --- | --- | --- | --- |
| Profitability of EU sales to unrelated customers (% of sales turnover) | 5,4 | 3,1 | 4,4 | 6,8 |
| Index (2014 = 100) | 100 | 58 | 81 | 125 |
| Cash flow (million EUR) | 10 | 14 | 12 | 24 |
| Index (2014 = 100) | 100 | 140 | 120 | 240 |
| Investment (million EUR) | 14 | 16 | 25 | 8 |
| Index (2014 = 100) | 100 | 114 | 179 | 57 |
| Return on investments (%) | 49 | 5 | 12 | 32 |
| Index (2014 = 100) | 100 | 11 | 24 | 65 |
| Source: Questionnaire replies |

(103)

Profitability, cash flow, investments and return on investments of the sampled Union producers developed over the period considered as follows:

Table 10

Table 10

Profitability, cash flow, investments and return on investments

Profitability, cash flow, investments and return on investments

2014

2015

2016

RIP

Profitability of EU sales to unrelated customers (% of sales turnover)

5,4

3,1

4,4

6,8

Index (2014 = 100)

Index (2014 = 100)

100

100

58

58

81

81

125

125

Cash flow (million EUR)

10

14

12

24

Index (2014 = 100)

Index (2014 = 100)

100

100

140

140

120

120

240

240

Investment (million EUR)

14

16

25

8

Index (2014 = 100)

Index (2014 = 100)

100

100

114

114

179

179

57

57

Return on investments (%)

49

5

12

32

Index (2014 = 100)

Index (2014 = 100)

100

100

11

11

24

24

65

65

Source: Questionnaire replies

Source:

| (104) | The profitability of the Union industry declined between 2014 and 2016, but then recovered in the RIP. |
| --- | --- |

(104)

The profitability of the Union industry declined between 2014 and 2016, but then recovered in the RIP.

| (105) | The net cash flow is the Union industry's ability to self-finance its activities. The net cash flow increased by 143 % between 2014 and the end of the RIP. |
| --- | --- |

(105)

The net cash flow is the Union industry's ability to self-finance its activities. The net cash flow increased by 143 % between 2014 and the end of the RIP.

| (106) | During the period considered the annual investments in the like product made by the Union industry decreased by 43 %, because of the reduction in production. |
| --- | --- |

(106)

During the period considered the annual investments in the like product made by the Union industry decreased by 43 %, because of the reduction in production.

| (107) | The return on investments is the profit as a percentage of the net book value of investments. The Union's industry's return on investment decreased over the period considered from 49 % to 32 % without a consistent trend year-on-year. |
| --- | --- |

(107)

The return on investments is the profit as a percentage of the net book value of investments. The Union's industry's return on investment decreased over the period considered from 49 % to 32 % without a consistent trend year-on-year.

4.5.4.   Conclusion on the situation of the Union industry

Conclusion on the situation of the Union industry

| (108) | The investigation showed that most of the injury indicators developed positively and the economic and financial situation of the Union industry improved during the period considered. |
| --- | --- |

(108)

The investigation showed that most of the injury indicators developed positively and the economic and financial situation of the Union industry improved during the period considered.

| (109) | The Union industry was able to increase its market share with measures in place and was able to recover cash flow and return on investments. |
| --- | --- |

(109)

The Union industry was able to increase its market share with measures in place and was able to recover cash flow and return on investments.

| (110) | The profitability of the Union industry increased during the period considered to be just 0,6 % below the target profit in the original investigation. It should be noted that the target profit was set in a year when Chinese market share was 13 %, and it is now 3 %. |
| --- | --- |

(110)

The profitability of the Union industry increased during the period considered to be just 0,6 % below the target profit in the original investigation. It should be noted that the target profit was set in a year when Chinese market share was 13 %, and it is now 3 %.

| (111) | However, the Union industry reduced production, employment and investments and continued operating at low capacity utilisation. |
| --- | --- |

(111)

However, the Union industry reduced production, employment and investments and continued operating at low capacity utilisation.

| (112) | Despite this trend, the Commission concluded that, upon an overall assessment of the injury factors, the Union industry has largely improved its financial situation and has mostly recovered from the material injury that the Commission confirmed in the original investigation. |
| --- | --- |

(112)

Despite this trend, the Commission concluded that, upon an overall assessment of the injury factors, the Union industry has largely improved its financial situation and has mostly recovered from the material injury that the Commission confirmed in the original investigation.

4.6.   Likelihood of recurrence of injury

Likelihood of recurrence of injury

| (113) | In accordance with Article 11(2) of the basic Regulation, the Commission examined whether material injury from Chinese imports would recur should measures against the PRC be allowed to lapse. The investigation has shown that the imports from the PRC were made at dumped price levels during the RIP (recital (46)) and that there was a likelihood of continuation of dumping should measures be allowed to lapse (recital (60)). |
| --- | --- |

(113)

In accordance with Article 11(2) of the basic Regulation, the Commission examined whether material injury from Chinese imports would recur should measures against the PRC be allowed to lapse. The investigation has shown that the imports from the PRC were made at dumped price levels during the RIP (recital (46)) and that there was a likelihood of continuation of dumping should measures be allowed to lapse (recital (60)).

| (114) | To establish the likelihood of recurrence of injury if the measures against the PRC were repealed the Commission analysed (i) the spare capacity in the PRC, (ii) the attractiveness of the Union market, and (iii) the impact of Chinese imports on the situation of the Union industry should measures be allowed to lapse. |
| --- | --- |

(114)

To establish the likelihood of recurrence of injury if the measures against the PRC were repealed the Commission analysed (i) the spare capacity in the PRC, (ii) the attractiveness of the Union market, and (iii) the impact of Chinese imports on the situation of the Union industry should measures be allowed to lapse.

Spare capacity in the PRC

Spare capacity in the PRC

| (115) | As explained in recitals (52) to (57) above, the Union is still an attractive market for the PRC, and there is spare capacity available which largely exceeds the total Union consumption during the RIP. In addition, as stated in recital (52) there were no elements found that could indicate any significant increase of domestic demand in the PRC or in any other third country market in the near future. The Commission therefore concluded that domestic demand in China or in other third country markets could not absorb the available spare capacity which is likely to be used for suppling the Union market should the measures lapse. |
| --- | --- |

(115)

As explained in recitals (52) to (57) above, the Union is still an attractive market for the PRC, and there is spare capacity available which largely exceeds the total Union consumption during the RIP. In addition, as stated in recital (52) there were no elements found that could indicate any significant increase of domestic demand in the PRC or in any other third country market in the near future. The Commission therefore concluded that domestic demand in China or in other third country markets could not absorb the available spare capacity which is likely to be used for suppling the Union market should the measures lapse.

Attractiveness of the Union market

Attractiveness of the Union market

| (116) | Given the amount of imports from the PRC to the Union throughout the period considered, despite the measures in force, the Union market is considered attractive to Chinese imports. The market share of Chinese imports was 24 % during the original investigation period (2010-2011), showing the possible level of imports from the PRC should the measures lapse. |
| --- | --- |

(116)

Given the amount of imports from the PRC to the Union throughout the period considered, despite the measures in force, the Union market is considered attractive to Chinese imports. The market share of Chinese imports was 24 % during the original investigation period (2010-2011), showing the possible level of imports from the PRC should the measures lapse.

| (117) | Imports from the PRC excluding the anti-dumping duty would have undercut the Union sales prices by 28,3 % in the RIP. This is an indication of the likely price level of imports from the PRC should the measures be repealed. On this basis, it is likely that the price pressure on the Union market would increase should the measure be repealed, thus leading the Union industry to suffer material injury again. |
| --- | --- |

(117)

Imports from the PRC excluding the anti-dumping duty would have undercut the Union sales prices by 28,3 % in the RIP. This is an indication of the likely price level of imports from the PRC should the measures be repealed. On this basis, it is likely that the price pressure on the Union market would increase should the measure be repealed, thus leading the Union industry to suffer material injury again.

| (118) | On this basis, in the absence of measures, Chinese exporting producers will likely increase their presence in the Union market, in terms of both volume and market shares, and at dumped prices which would significantly undercut the Union industry's sales prices. |
| --- | --- |

(118)

On this basis, in the absence of measures, Chinese exporting producers will likely increase their presence in the Union market, in terms of both volume and market shares, and at dumped prices which would significantly undercut the Union industry's sales prices.

Impact on the Union industry

Impact on the Union industry

| (119) | If the measures are repealed, the Union industry would not be able to maintain their sales volume and market share against the low priced imports from China. It is highly likely that the Chinese market share would increase rapidly if the measures are allowed to lapse. Losing sales volume would lead to an even lower utilisation rate and an increase in the average cost of production. This would lead to a deterioration of the financial situation of the Union industry and in particular decrease of profitability. |
| --- | --- |

(119)

If the measures are repealed, the Union industry would not be able to maintain their sales volume and market share against the low priced imports from China. It is highly likely that the Chinese market share would increase rapidly if the measures are allowed to lapse. Losing sales volume would lead to an even lower utilisation rate and an increase in the average cost of production. This would lead to a deterioration of the financial situation of the Union industry and in particular decrease of profitability.

| (120) | The expiry of the measures is likely to have a negative effect on the Union industry, especially for employment. During the period considered the Union industry already reduced product-related employment. Expiry of the measures might cause the shutdown of whole producing units. |
| --- | --- |

(120)

The expiry of the measures is likely to have a negative effect on the Union industry, especially for employment. During the period considered the Union industry already reduced product-related employment. Expiry of the measures might cause the shutdown of whole producing units.

| (121) | Therefore, it can be concluded that there is a strong likelihood that the expiry of the existing measures would lead to a recurrence of injury from Chinese imports and that the already fragile situation of the Union industry will be likely to deteriorate. |
| --- | --- |

(121)

Therefore, it can be concluded that there is a strong likelihood that the expiry of the existing measures would lead to a recurrence of injury from Chinese imports and that the already fragile situation of the Union industry will be likely to deteriorate.

Conclusion

Conclusion

| (122) | The repeal of the measures would in all likelihood result in a significant increase of Chinese dumped imports at prices undercutting the Union industry prices. The Commission therefore concluded that that there is a strong likelihood of recurrence of injury should the measures be repealed. |
| --- | --- |

(122)

The repeal of the measures would in all likelihood result in a significant increase of Chinese dumped imports at prices undercutting the Union industry prices. The Commission therefore concluded that that there is a strong likelihood of recurrence of injury should the measures be repealed.

5.   UNION INTEREST

| (123) | In accordance with Article 21 of the basic Regulation, the Commission examined whether maintaining the existing anti-dumping measures against the PRC would be against the interest of the Union as a whole. |
| --- | --- |

(123)

In accordance with Article 21 of the basic Regulation, the Commission examined whether maintaining the existing anti-dumping measures against the PRC would be against the interest of the Union as a whole.

| (124) | The Commission based the determination of the Union interest on an appreciation of all the various interests involved, including those of the Union industry, importers and users. All interested parties were given the opportunity to make their views known under Article 21(2) of the basic Regulation. |
| --- | --- |

(124)

The Commission based the determination of the Union interest on an appreciation of all the various interests involved, including those of the Union industry, importers and users. All interested parties were given the opportunity to make their views known under Article 21(2) of the basic Regulation.

| (125) | On this basis, the Commission examined whether, despite the conclusions on the likelihood of a continuation of dumping and continuation of injury, compelling reasons existed which would lead to the conclusion that it was not in the Union interest to maintain the existing measures. |
| --- | --- |

(125)

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

5.1.   Interest of the Union industry

Interest of the Union industry

| (126) | The measures in force have allowed the Union industry to start to recover from past dumping, but they are still unable to increase capacity utilisation and reach their target profit margins. |
| --- | --- |

(126)

The measures in force have allowed the Union industry to start to recover from past dumping, but they are still unable to increase capacity utilisation and reach their target profit margins.

| (127) | At the same time, the Commission also concludes that the Union industry would be likely to experience a deterioration of its situation if the measures against the PRC were allowed to lapse. |
| --- | --- |

(127)

At the same time, the Commission also concludes that the Union industry would be likely to experience a deterioration of its situation if the measures against the PRC were allowed to lapse.

| (128) | Therefore, the Commission concluded that the continuation of the measures against the PRC would benefit the Union industry. |
| --- | --- |

(128)

Therefore, the Commission concluded that the continuation of the measures against the PRC would benefit the Union industry.

5.2.   Interest of importers

Interest of importers

| (129) | The Commission sent questionnaires to the two cooperating importers. As referred to above one importer replied to the questionnaire and was inspected. No other importers made themselves known. |
| --- | --- |

(129)

The Commission sent questionnaires to the two cooperating importers. As referred to above one importer replied to the questionnaire and was inspected. No other importers made themselves known.

| (130) | Following the imposition of the duties, the cooperating importer was able to find a competitive source of the like product elsewhere. Whilst these radiators are slightly more expensive, they are produced closer to the Union market and thus are more readily available. This reduces the importer's stocking costs and the lead-time, which in turn is appreciated by the importer's clients. |
| --- | --- |

(130)

Following the imposition of the duties, the cooperating importer was able to find a competitive source of the like product elsewhere. Whilst these radiators are slightly more expensive, they are produced closer to the Union market and thus are more readily available. This reduces the importer's stocking costs and the lead-time, which in turn is appreciated by the importer's clients.

| (131) | The Commission concluded that there are no indications that the maintenance of the measures would have a negative impact on the importers outweighing the positive impact of the measures to the Union industry. |
| --- | --- |

(131)

The Commission concluded that there are no indications that the maintenance of the measures would have a negative impact on the importers outweighing the positive impact of the measures to the Union industry.

5.3.   Interest of users

Interest of users

| (132) | As referred to above no users in the Union came forward after the initiation or otherwise cooperated in this investigation. |
| --- | --- |

(132)

As referred to above no users in the Union came forward after the initiation or otherwise cooperated in this investigation.

| (133) | Aluminium radiators are a consumer product, made by either extrusion or die-casting. The users of radiators are distributors and large retail organisations who then sell the radiators on to be fitted. |
| --- | --- |

(133)

Aluminium radiators are a consumer product, made by either extrusion or die-casting. The users of radiators are distributors and large retail organisations who then sell the radiators on to be fitted.

| (134) | These users are in a position to pass on all or almost all of the increase in prices resulting from the duty to the final users, bearing in mind that for the latter, the impact of such measures is not significant. |
| --- | --- |

(134)

These users are in a position to pass on all or almost all of the increase in prices resulting from the duty to the final users, bearing in mind that for the latter, the impact of such measures is not significant.

| (135) | These findings were confirmed in the current review as the investigation did not reveal any indication that would infirm this original finding for the period after the imposition of the measures in force. |
| --- | --- |

(135)

These findings were confirmed in the current review as the investigation did not reveal any indication that would infirm this original finding for the period after the imposition of the measures in force.

| (136) | In addition, despite that the measures are in force since 2012, the users in the Union continued to source their supply from the PRC and elsewhere. No users cooperated with the review investigation. |
| --- | --- |

(136)

In addition, despite that the measures are in force since 2012, the users in the Union continued to source their supply from the PRC and elsewhere. No users cooperated with the review investigation.

| (137) | On this basis, and in line with the conclusions drawn in the original investigation, the Commission concluded that the continuation of measures will not have a significant negative impact on users. |
| --- | --- |

(137)

On this basis, and in line with the conclusions drawn in the original investigation, the Commission concluded that the continuation of measures will not have a significant negative impact on users.

5.4.   Conclusion on Union interest

Conclusion on Union interest

| (138) | In view of the above, the Commission concluded that there are no compelling reasons to conclude that it is not in the Union interest to extend the existing anti-dumping measures on imports of aluminium radiators originating in the PRC. |
| --- | --- |

(138)

In view of the above, the Commission concluded that there are no compelling reasons to conclude that it is not in the Union interest to extend the existing anti-dumping measures on imports of aluminium radiators originating in the PRC.

6.   ANTI-DUMPING MEASURES

| (139) | All interested parties were informed of the essential facts and considerations on the basis of which it was intended to maintain the anti-dumping measures in force. They were also granted a period within which they could submit comments subsequent to this disclosure and to request a hearing with the Commission and/or the Hearing Officer in trade proceedings. No comments or submissions, or requests for hearings, were received. |
| --- | --- |

(139)

All interested parties were informed of the essential facts and considerations on the basis of which it was intended to maintain the anti-dumping measures in force. They were also granted a period within which they could submit comments subsequent to this disclosure and to request a hearing with the Commission and/or the Hearing Officer in trade proceedings. No comments or submissions, or requests for hearings, were received.

| (140) | It follows from the above considerations that the anti-dumping measures applicable to imports of aluminium radiators originating in the PRC imposed by the definitive Regulation, as amended by the amending Regulation, should be maintained. |
| --- | --- |

(140)

It follows from the above considerations that the anti-dumping measures applicable to imports of aluminium radiators originating in the PRC imposed by the definitive Regulation, as amended by the amending Regulation, should be maintained.

| (141) | The individual company anti-dumping duty rates specified in this Regulation are solely applicable to imports of the product concerned produced by these companies and thus by the specific legal entities mentioned. Imports of the product concerned manufactured by any other company not specifically mentioned in the operative part of this Regulation with its name and address, including entities related to those specifically mentioned, cannot benefit from these rates and shall be subject to the duty rate applicable to ‘all other companies’. |
| --- | --- |

(141)

The individual company anti-dumping duty rates specified in this Regulation are solely applicable to imports of the product concerned produced by these companies and thus by the specific legal entities mentioned. Imports of the product concerned manufactured by any other company not specifically mentioned in the operative part of this Regulation with its name and address, including entities related to those specifically mentioned, cannot benefit from these rates and shall be subject to the duty rate applicable to ‘all other companies’.

| (142) | Any claim requesting the application of these individual anti-dumping duty rates (e.g. following a change in the name of the entity or following the setting up of new production or sales entities) should be addressed to the Commission (6) immediately with all relevant information, in particular any modification in the company's activities linked to production, domestic and export sales associated with, for instance, that name change or that change in the production and sales entities. If appropriate, the Regulation will then be amended accordingly by updating the list of companies benefiting from individual duty rates. |
| --- | --- |

(142)

Any claim requesting the application of these individual anti-dumping duty rates (e.g. following a change in the name of the entity or following the setting up of new production or sales entities) should be addressed to the Commission (6) immediately with all relevant information, in particular any modification in the company's activities linked to production, domestic and export sales associated with, for instance, that name change or that change in the production and sales entities. If appropriate, the Regulation will then be amended accordingly by updating the list of companies benefiting from individual duty rates.

6

| (143) | The Committee established by Article 15(1) of Regulation (EU) 2016/1036 did not deliver an opinion, |
| --- | --- |

(143)

The Committee established by Article 15(1) of Regulation (EU) 2016/1036 did not deliver an opinion,

HAS ADOPTED THIS REGULATION:

Article 1

1.   A definitive anti-dumping duty is hereby imposed on imports of aluminium radiators and elements or sections of which such radiator is composed, whether or not such elements are assembled in blocks, excluding radiators and elements and sections thereof of the electrical type, currently falling within CN codes ex 7615 10 10, ex 7615 10 80, ex 7616 99 10 and ex 7616 99 90 (TARIC codes 7615101010, 7615108010, 7616991091, 7616999001 and 7616999091) and originating in the People's Republic of China.

2.   The rate of the definitive anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty, for the product described in paragraph 1 and produced by the companies listed below shall be as follows:

| Company | Duty (%) | TARIC additional code |
| --- | --- | --- |
| Zhejiang Flyhigh Metal Products Co., Ltd | 12,6 | B272 |
| Metal Group Co. Ltd | 56,2 | B273 |
| Sira (Tianjin) Aluminium Products Co. Ltd | 14,9 | B279 |
| Sira Group (Tianjin) Heating Radiators Co. Ltd | 14,9 | B280 |
| Companies listed in Annex I | 21,2 | |
| All other companies | 61,4 | B999 |

Company

Duty (%)

TARIC additional code

Zhejiang Flyhigh Metal Products Co., Ltd

12,6

B272

Metal Group Co. Ltd

56,2

B273

Sira (Tianjin) Aluminium Products Co. Ltd

14,9

B279

Sira Group (Tianjin) Heating Radiators Co. Ltd

14,9

B280

Companies listed in Annex I

21,2

All other companies

61,4

B999

3.   The application of the individual duty rates specified for the companies mentioned in paragraph 2 shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in Annex II. If no such invoice is presented, the duty applicable to all other companies shall apply.

4.   Unless otherwise specified, the provisions in force concerning customs duties shall apply.

Article 2

Where any new exporting producer in the People's Republic of China provides sufficient evidence to the Commission that:

| (a) | it did not export to the Union the product described in paragraph 1 in the period between 1 July 2010 and 30 June 2011; |
| --- | --- |

(a)

it did not export to the Union the product described in paragraph 1 in the period between 1 July 2010 and 30 June 2011;

| (b) | it is not related to any exporter or producer in the People's Republic of China which is subject to the anti-dumping measures imposed by this Regulation; |
| --- | --- |

(b)

it is not related to any exporter or producer in the People's Republic of China which is subject to the anti-dumping measures imposed by this Regulation;

| (c) | it has actually exported to the Union the product concerned or it has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the end of the original investigation period; |
| --- | --- |

(c)

it has actually exported to the Union the product concerned or it has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the end of the original investigation period;

the Commission may amend Annex I by adding the new exporting producer to the cooperating companies not included in the sample of the original investigation and thus subject to the weighted average duty of 21,2 %.

Article 3

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 14 January 2019.

For the Commission

The President

Jean-Claude JUNCKER

---

(1)  
  OJ L 176, 30.6.2016, p. 21.

1

(2)  
  OJ L 310, 9.11.2012, p. 1.

2

(3)  
  OJ C 48, 15.2.2017, p. 10.

3

(4)  
  OJ C 377, 9.11.2017, p. 11.

4

(5)  Overcapacity in China — An Impediment to the Party's Reform Agenda, Roland Berger, European Union Chamber of Commerce in China, 2016.

5

(6)  
  European Commission, Directorate-General for Trade, Directorate H, B-1049 Brussels, Belgium.

6

---

ANNEX I

| Company Name | TARIC additional code |
| --- | --- |
| Jinyun Shengda Industry Co., Ltd | B274 |
| Ningbo Ephraim Radiator Equipment Co., Ltd | B275 |
| Ningbo Everfamily Radiator Co., Ltd | B276 |
| Ningbo Ningshing Kinhil Industrial Co., Ltd | B277 |
| Ningbo Ninhshing Kinhil International Co., Ltd | B278 |
| Yongkang Jinbiao Machine Electric Co., Ltd | B281 |
| Yongkang Sanghe Radiator Co., Ltd | B282 |
| Zhejiang Aishuibao Piping Systems Co., Ltd | B283 |
| Zhejiang Botai Tools Co., Ltd | B284 |
| Zhejiang East Industry Co., Ltd | B285 |
| Zhejiang Guangying Machinery Co., Ltd | B286 |
| Zhejiang Kangfa Industry & Trading Co., Ltd | B287 |
| Zhejiang Liwang Industrial and Trading Co., Ltd | B288 |
| Zhejiang Ningshuai Industry Co., Ltd | B289 |
| Zhejiang Rongrong Industrial Co., Ltd | B290 |
| Zhejiang Yuanda Machinery & Electrical Manufacturing Co., Ltd | B291 |

Company Name

TARIC additional code

Jinyun Shengda Industry Co., Ltd

B274

Ningbo Ephraim Radiator Equipment Co., Ltd

B275

Ningbo Everfamily Radiator Co., Ltd

B276

Ningbo Ningshing Kinhil Industrial Co., Ltd

B277

Ningbo Ninhshing Kinhil International Co., Ltd

B278

Yongkang Jinbiao Machine Electric Co., Ltd

B281

Yongkang Sanghe Radiator Co., Ltd

B282

Zhejiang Aishuibao Piping Systems Co., Ltd

B283

Zhejiang Botai Tools Co., Ltd

B284

Zhejiang East Industry Co., Ltd

B285

Zhejiang Guangying Machinery Co., Ltd

B286

Zhejiang Kangfa Industry & Trading Co., Ltd

B287

Zhejiang Liwang Industrial and Trading Co., Ltd

B288

Zhejiang Ningshuai Industry Co., Ltd

B289

Zhejiang Rongrong Industrial Co., Ltd

B290

Zhejiang Yuanda Machinery & Electrical Manufacturing Co., Ltd

B291

---

ANNEX II

A declaration signed by an official of the entity issuing the commercial invoice, in the following format, must appear on the valid commercial invoice referred to in Article 1(3):

| (1) | the name and function of the official of the entity issuing the commercial invoice; |
| --- | --- |

(1)

the name and function of the official of the entity issuing the commercial invoice;

| (2) | the following declaration: | ‘I, the undersigned, certify that the (volume) of aluminium radiators and elements or sections of which such radiator is composed, sold for export to the European Union covered by this invoice, was manufactured by (company name and registered seat) (TARIC additional code) in the People's Republic of China. I declare that the information provided in this invoice is complete and correct. |
| --- | --- | --- |

(2)

the following declaration:

‘I, the undersigned, certify that the (volume) of aluminium radiators and elements or sections of which such radiator is composed, sold for export to the European Union covered by this invoice, was manufactured by (company name and registered seat) (TARIC additional code) in the People's Republic of China. I declare that the information provided in this invoice is complete and correct.

| | Date and signature’. |
| --- | --- |

Date and signature’.

---

DECISIONS

| 15.1.2019 | EN | Official Journal of the European Union | L 12/31 |
| --- | --- | --- | --- |

15.1.2019

EN

Official Journal of the European Union

L 12/31

---

COMMISSION IMPLEMENTING DECISION (EU) 2019/60

of 11 January 2019

amending Decision 2009/866/EC, Decision 2010/419/EU, Implementing Decision 2012/651/EU and Implementing Decision (EU) 2016/1685 as regards the representative of the authorisation holder

(notified under document C(2019) 15)

(Only the Dutch and French texts are authentic)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (1), and in particular to Article 9(2) and Article 21(2) thereof,

Whereas:

| (1) | By letters dated 15 February and 28 March 2017, Syngenta Crop Protection AG requested the Commission that, following a reorganisation of the Syngenta group, all authorisations and pending applications for genetically modified products should be transferred from its current representative Syngenta France SAS to the representative Syngenta Crop Protection NV/SA, Belgium. |
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(1)

By letters dated 15 February and 28 March 2017, Syngenta Crop Protection AG requested the Commission that, following a reorganisation of the Syngenta group, all authorisations and pending applications for genetically modified products should be transferred from its current representative Syngenta France SAS to the representative Syngenta Crop Protection NV/SA, Belgium.

| (2) | The Commission informed Syngenta Crop Protection AG that in order to proceed with those transfers, the request should be confirmed by letters from both Syngenta France SAS and Syngenta Crop Protection NV/SA, Belgium confirming their agreement with those transfers. The Commission received those letters on 1 March 2018. |
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(2)

The Commission informed Syngenta Crop Protection AG that in order to proceed with those transfers, the request should be confirmed by letters from both Syngenta France SAS and Syngenta Crop Protection NV/SA, Belgium confirming their agreement with those transfers. The Commission received those letters on 1 March 2018.

| (3) | The implementation of the requested change requires the amendment of decisions authorising the placing on the market of genetically modified products for which Syngenta Crop Protection AG is the authorisation holder. In particular, the following decisions should be amended: Commission Decisions 2009/866/EC (2) and 2010/419/EU (3) and Commission Implementing Decision 2012/651/EU (4) and (EU) 2016/1685 (5). |
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(3)

The implementation of the requested change requires the amendment of decisions authorising the placing on the market of genetically modified products for which Syngenta Crop Protection AG is the authorisation holder. In particular, the following decisions should be amended: Commission Decisions 2009/866/EC (2) and 2010/419/EU (3) and Commission Implementing Decision 2012/651/EU (4) and (EU) 2016/1685 (5).

| (4) | The proposed amendments to the authorisation decisions are purely administrative in nature and do not entail a new assessment of the products concerned. |
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(4)

The proposed amendments to the authorisation decisions are purely administrative in nature and do not entail a new assessment of the products concerned.

| (5) | With regard to pending applications for which Syngenta Crop Protection AG is the applicant, the requested change is to be formalised at the moment of the adoption of the corresponding authorisations. |
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(5)

With regard to pending applications for which Syngenta Crop Protection AG is the applicant, the requested change is to be formalised at the moment of the adoption of the corresponding authorisations.

| (6) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
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(6)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

HAS ADOPTED THIS DECISION:

Article 1

Amendment to Decision 2009/866/EC

Decision 2009/866/EC is amended as follows:

| (1) | In Article 6, ‘Syngenta Seeds S.A.S., France’ is replaced by ‘Syngenta Crop Protection NV/SA, Belgium’; |
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(1)

In Article 6, ‘Syngenta Seeds S.A.S., France’ is replaced by ‘Syngenta Crop Protection NV/SA, Belgium’;

| (2) | In Article 8, ‘Seeds S.A.S., Chemin de l'Hobit 12, BP 27 – F-31790 Saint-Sauveur – France’ is replaced by ‘Syngenta Crop Protection NV/SA, Avenue Louise 489, 1050 Brussels, Belgium’; |
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(2)

In Article 8, ‘Seeds S.A.S., Chemin de l'Hobit 12, BP 27 – F-31790 Saint-Sauveur – France’ is replaced by ‘Syngenta Crop Protection NV/SA, Avenue Louise 489, 1050 Brussels, Belgium’;

| (3) | In point (a) of the Annex, the name ‘Syngenta Seeds S.A.S.’ is replaced by ‘Syngenta Crop Protection NV/SA’; the address ‘Chemin de l'Hobit 12, BP 27 — F-31790 Saint-Sauveur — France’ is replaced by ‘Avenue Louise 489, 1050 Brussels, Belgium’. |
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(3)

In point (a) of the Annex, the name ‘Syngenta Seeds S.A.S.’ is replaced by ‘Syngenta Crop Protection NV/SA’; the address ‘Chemin de l'Hobit 12, BP 27 — F-31790 Saint-Sauveur — France’ is replaced by ‘Avenue Louise 489, 1050 Brussels, Belgium’.

Article 2

Amendment to Decision 2010/419/EU

Decision 2010/419/EU is amended as follows:

| (1) | In Article 6, ‘Syngenta Seeds SAS, France’ is replaced by ‘Syngenta Crop Protection NV/SA, Belgium’; |
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(1)

In Article 6, ‘Syngenta Seeds SAS, France’ is replaced by ‘Syngenta Crop Protection NV/SA, Belgium’;

| (2) | In Article 9, ‘Syngenta Seeds SAS, Chemin de l'Hobit 12, BP 27, 31790 Saint-Sauveur, France’ is replaced by ‘Syngenta Crop Protection NV/SA, Avenue Louise 489, 1050 Brussels, Belgium’; |
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(2)

In Article 9, ‘Syngenta Seeds SAS, Chemin de l'Hobit 12, BP 27, 31790 Saint-Sauveur, France’ is replaced by ‘Syngenta Crop Protection NV/SA, Avenue Louise 489, 1050 Brussels, Belgium’;

| (3) | In point (a) of the Annex, the name ‘Syngenta Seeds SAS’ is replaced by ‘Syngenta Crop Protection NV/SA’; the address ‘Chemin de l'Hobit 12, BP 27, 31790 Saint-Sauveur, France’ is replaced by ‘Avenue Louise 489, 1050 Brussels, Belgium’. |
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(3)

In point (a) of the Annex, the name ‘Syngenta Seeds SAS’ is replaced by ‘Syngenta Crop Protection NV/SA’; the address ‘Chemin de l'Hobit 12, BP 27, 31790 Saint-Sauveur, France’ is replaced by ‘Avenue Louise 489, 1050 Brussels, Belgium’.

Article 3

Amendment to Implementing Decision 2012/651/EU

Implementing Decision 2012/651/EU is amended as follows:

| (1) | In Article 6, ‘Syngenta Seeds SAS, France’ is replaced by ‘Syngenta Crop Protection NV/SA, Belgium’; |
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(1)

In Article 6, ‘Syngenta Seeds SAS, France’ is replaced by ‘Syngenta Crop Protection NV/SA, Belgium’;

| (2) | In Article 8, ‘Syngenta Seeds SAS, 12, Chemin de l'Hobit, 31790 Saint-Sauveur, France’ is replaced by ‘Syngenta Crop Protection NV/SA, Avenue Louise 489, 1050 Brussels, Belgium’; |
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(2)

In Article 8, ‘Syngenta Seeds SAS, 12, Chemin de l'Hobit, 31790 Saint-Sauveur, France’ is replaced by ‘Syngenta Crop Protection NV/SA, Avenue Louise 489, 1050 Brussels, Belgium’;

| (3) | In point (a) of the Annex, the name ‘Syngenta Seed SAS’ is replaced by ‘Syngenta Crop Protection NV/SA’; the address ‘12, Chemin de l'Hobit, 31790 Saint-Sauveur, France’ is replaced by ‘Avenue Louise 489, 1050 Brussels, Belgium’. |
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(3)

In point (a) of the Annex, the name ‘Syngenta Seed SAS’ is replaced by ‘Syngenta Crop Protection NV/SA’; the address ‘12, Chemin de l'Hobit, 31790 Saint-Sauveur, France’ is replaced by ‘Avenue Louise 489, 1050 Brussels, Belgium’.

Article 4

Amendment to Implementing Decision (EU) 2016/1685

Implementing Decision (EU) 2016/1685 is amended as follows:

| (1) | In Article 7, ‘Syngenta France SAS’ is replaced by ‘Syngenta Crop Protection NV/SA, Belgium’; |
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(1)

In Article 7, ‘Syngenta France SAS’ is replaced by ‘Syngenta Crop Protection NV/SA, Belgium’;

| (2) | In Article 10, ‘Syngenta France SAS, 12, Chemin de l'Hobit, 31790 Saint-Sauveur, France’ is replaced by ‘Syngenta Crop Protection NV/SA, Avenue Louise 489, 1050 Brussels, Belgium’; |
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(2)

In Article 10, ‘Syngenta France SAS, 12, Chemin de l'Hobit, 31790 Saint-Sauveur, France’ is replaced by ‘Syngenta Crop Protection NV/SA, Avenue Louise 489, 1050 Brussels, Belgium’;

| (3) | In point (a) of the Annex, the name ‘Syngenta France SAS’ is replaced by ‘Syngenta Crop Protection NV/SA’; the address ‘12, Chemin de l'Hobit, 31790 Saint-Sauveur, France’ is replaced by ‘Avenue Louise 489, 1050 Brussels, Belgium’. |
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(3)

In point (a) of the Annex, the name ‘Syngenta France SAS’ is replaced by ‘Syngenta Crop Protection NV/SA’; the address ‘12, Chemin de l'Hobit, 31790 Saint-Sauveur, France’ is replaced by ‘Avenue Louise 489, 1050 Brussels, Belgium’.

Article 5

Addressee

This Decision is addressed to Syngenta Crop Protection NV/SA, Avenue Louise 489, 1050 Brussels, Belgium.

Done at Brussels, 11 January 2019.

For the Commission

Vytenis ANDRIUKAITIS

Member of the Commission

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(1)  
  OJ L 268, 18.10.2003, p. 1.

1

(2)  Commission Decision 2009/866/EC of 30 November 2009 authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize MIR604 (SYN-IR6Ø4-5) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (OJ L 314, 1.12.2009, p. 102).

2

(3)  Commission Decision 2010/419/EU of 28 July 2010 renewing the authorisation for continued marketing of products containing, consisting of, or produced from genetically modified maize Bt11 (SYN-BTØ11-1), authorising foods and food ingredients containing or consisting of field maize Bt11 (SYN-BTØ11-1) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council and repealing Decision 2004/657/EC (OJ L 197, 29.7.2010, p. 11).

3

(4)  Commission Implementing Decision 2012/651/EU of 18 October 2012 authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize MIR162 (SYN-IR162-4) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (OJ L 290, 20.10.2012, p. 14).

4

(5)  Commission Implementing Decision (EU) 2016/1685 of 16 September 2016 authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize Bt11 × MIR162 × MIR604 × GA21, and genetically modified maizes combining two or three of the events Bt11, MIR162, MIR604 and GA21, and repealing Decisions 2010/426/EU, 2011/892/EU, 2011/893/EU and 2011/894/EU (OJ L 254, 20.9.2016, p. 22).

5

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