# Official Journal L 135/2010

| | ISSN 1725-2555
  doi:10.3000/17252555.L_2010.135.eng |
| --- | --- |
| Official Journal
  of the European Union | L 135 |
| | |
| English edition | Legislation | Volume 532 June 2010 |

ISSN 1725-2555

doi:10.3000/17252555.L_2010.135.eng

Official Journal

of the European Union

L 135

English edition

Legislation

Volume 532 June 2010

---

| Contents | | I   Legislative acts | page |
| --- | --- | --- | --- |
| | | DECISIONS |
| | * | Decision No 477/2010/EU of the European Parliament and of the Council of 19 May 2010 repealing Council Decision 79/542/EEC drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat | 1 |

Contents

I   Legislative acts

page

DECISIONS

*

Decision No 477/2010/EU of the European Parliament and of the Council of 19 May 2010 repealing Council Decision 79/542/EEC drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat

1

| | | II   Non-legislative acts |
| --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Regulation (EU) No 478/2010 of 1 June 2010 imposing a provisional anti-dumping duty on imports of high tenacity yarn of polyesters originating in the People’s Republic of China | 3 |
| | * | Commission Regulation (EU) No 479/2010 of 1 June 2010 laying down rules for the implementation of Council Regulation (EC) No 1234/2007 as regards Member States’ notifications to the Commission in the milk and milk products sector | 26 |
| | * | Commission Regulation (EU) No 480/2010 of 1 June 2010 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Spressa delle Giudicarie (PDO)) | 36 |
| | * | Commission Regulation (EU) No 481/2010 of 1 June 2010 implementing Regulation (EC) No 1177/2003 of the European Parliament and of the Council concerning Community statistics on income and living conditions (EU-SILC) as regards the 2011 list of target secondary variables on intergenerational transmission of disadvantages (
  1
  ) | 38 |
| | | Commission Regulation (EU) No 482/2010 of 1 June 2010 establishing the standard import values for determining the entry price of certain fruit and vegetables | 46 |

II   Non-legislative acts

REGULATIONS

*

Commission Regulation (EU) No 478/2010 of 1 June 2010 imposing a provisional anti-dumping duty on imports of high tenacity yarn of polyesters originating in the People’s Republic of China

3

*

Commission Regulation (EU) No 479/2010 of 1 June 2010 laying down rules for the implementation of Council Regulation (EC) No 1234/2007 as regards Member States’ notifications to the Commission in the milk and milk products sector

26

*

Commission Regulation (EU) No 480/2010 of 1 June 2010 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Spressa delle Giudicarie (PDO))

36

*

Commission Regulation (EU) No 481/2010 of 1 June 2010 implementing Regulation (EC) No 1177/2003 of the European Parliament and of the Council concerning Community statistics on income and living conditions (EU-SILC) as regards the 2011 list of target secondary variables on intergenerational transmission of disadvantages (
  1
  )

1

38

Commission Regulation (EU) No 482/2010 of 1 June 2010 establishing the standard import values for determining the entry price of certain fruit and vegetables

46

| | |
| --- | --- |
| | (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.

---

I Legislative acts

DECISIONS

| 2.6.2010 | EN | Official Journal of the European Union | L 135/1 |
| --- | --- | --- | --- |

2.6.2010

EN

Official Journal of the European Union

L 135/1

---

DECISION No 477/2010/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 19 May 2010

repealing Council Decision 79/542/EEC drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) and Article 168(4)(b) thereof,

Having regard to the proposal from the European Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

| (1) | Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries (3) provided for a list to be drawn up of the countries or parts thereof from which Member States are to authorise the importation of certain live animals and fresh meat of certain animals. |
| --- | --- |

(1)

Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries (3) provided for a list to be drawn up of the countries or parts thereof from which Member States are to authorise the importation of certain live animals and fresh meat of certain animals.

| (2) | Accordingly, Council Decision 79/542/EEC of 21 December 1976 drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat (4) was adopted. That Decision establishes the sanitary conditions for the importation into the Union of live animals excluding equidae, and for the importation of fresh meat of such animals, including equidae, but excluding meat preparations. Annexes I and II to that Decision also set out lists of third countries or parts thereof from which certain live animals and their fresh meat may be imported into the Union as well as models of veterinary certificates. |
| --- | --- |

(2)

Accordingly, Council Decision 79/542/EEC of 21 December 1976 drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat (4) was adopted. That Decision establishes the sanitary conditions for the importation into the Union of live animals excluding equidae, and for the importation of fresh meat of such animals, including equidae, but excluding meat preparations. Annexes I and II to that Decision also set out lists of third countries or parts thereof from which certain live animals and their fresh meat may be imported into the Union as well as models of veterinary certificates.

| (3) | Since the date of adoption of that Decision, a number of new animal health and public health requirements have been laid down in other Community acts, including Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (5) and Council Directive 2004/68/EC of 26 April 2004 laying down animal health rules for the importation into and transit through the Community of certain live ungulate animals (6), as well as Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (7), Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (8), Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (9), and Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (10). |
| --- | --- |

(3)

Since the date of adoption of that Decision, a number of new animal health and public health requirements have been laid down in other Community acts, including Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (5) and Council Directive 2004/68/EC of 26 April 2004 laying down animal health rules for the importation into and transit through the Community of certain live ungulate animals (6), as well as Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (7), Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (8), Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (9), and Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (10).

| (4) | Those Community acts constitute a new regulatory framework in this area and Directive 72/462/EEC has also been repealed by Directive 2004/68/EC. |
| --- | --- |

(4)

Those Community acts constitute a new regulatory framework in this area and Directive 72/462/EEC has also been repealed by Directive 2004/68/EC.

| (5) | Article 20 of Directive 2004/68/EC provides that implementing rules established in accordance with decisions adopted for the import of live animals, meat and meat products pursuant to Directive 72/462/EEC, inter alia Decision 79/542/EEC, are to remain in force until replaced by measures adopted under the new regulatory framework. |
| --- | --- |

(5)

Article 20 of Directive 2004/68/EC provides that implementing rules established in accordance with decisions adopted for the import of live animals, meat and meat products pursuant to Directive 72/462/EEC, inter alia Decision 79/542/EEC, are to remain in force until replaced by measures adopted under the new regulatory framework.

| (6) | In addition, Article 4(3) of Directive 2004/41/EC of the European Parliament and of the Council of 21 April 2004 repealing certain Directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption (11) provides that pending the adoption of the necessary provisions on the basis of Regulation (EC) No 852/2004, Regulation (EC) No 853/2004, Regulation (EC) No 854/2004 or Directive 2002/99/EC, the implementing rules adopted on the basis of Directive 72/462/EEC are to continue to apply. |
| --- | --- |

(6)

In addition, Article 4(3) of Directive 2004/41/EC of the European Parliament and of the Council of 21 April 2004 repealing certain Directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption (11) provides that pending the adoption of the necessary provisions on the basis of Regulation (EC) No 852/2004, Regulation (EC) No 853/2004, Regulation (EC) No 854/2004 or Directive 2002/99/EC, the implementing rules adopted on the basis of Directive 72/462/EEC are to continue to apply.

| (7) | Commission Regulation (EU) No 206/2010 of 12 March 2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements (12) contains veterinary certification requirements and other provisions which take account of the new regulatory framework and replace those laid down in Decision 79/542/EEC. As from the date of entry into force of that Regulation, Decision 79/542/EEC will therefore have lapsed and will no longer apply. |
| --- | --- |

(7)

Commission Regulation (EU) No 206/2010 of 12 March 2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements (12) contains veterinary certification requirements and other provisions which take account of the new regulatory framework and replace those laid down in Decision 79/542/EEC. As from the date of entry into force of that Regulation, Decision 79/542/EEC will therefore have lapsed and will no longer apply.

| (8) | For the sake of clarity and transparency of Union legislation, Decision 79/542/EEC should be explicitly repealed with effect from that date, |
| --- | --- |

(8)

For the sake of clarity and transparency of Union legislation, Decision 79/542/EEC should be explicitly repealed with effect from that date,

HAVE ADOPTED THIS DECISION:

Article 1

Decision 79/542/EEC shall be repealed with effect from 9 April 2010.

References to the repealed Decision shall be construed as references to Regulation (EU) No 206/2010.

Article 2

This Decision is addressed to the Member States.

Done at Strasbourg, 19 May 2010.

For the European Parliament

The President

J. BUZEK

For the Council

The President

D. LÓPEZ GARRIDO

---

(1)  Opinion of 16 December 2009 (not yet published in the Official Journal).

1

(2)  Position of the European Parliament of 25 March 2010 (not yet published in the Official Journal) and Decision of the Council of 26 April 2010.

2

(3)  
  OJ L 302, 31.12.1972, p. 28.

3

(4)  
  OJ L 146, 14.6.1979, p. 15.

4

(5)  
  OJ L 18, 23.1.2003, p. 11.

5

(6)  
  OJ L 139, 30.4.2004, p. 321.

6

(7)  
  OJ L 139, 30.4.2004, p. 1.

7

(8)  
  OJ L 139, 30.4.2004, p. 55.

8

(9)  
  OJ L 139, 30.4.2004, p. 206.

9

(10)  
  OJ L 165, 30.4.2004, p. 1.

10

(11)  
  OJ L 157, 30.4.2004, p. 33.

11

(12)  
  OJ L 73, 20.3.2010, p. 1.

12

---

II Non-legislative acts

REGULATIONS

| 2.6.2010 | EN | Official Journal of the European Union | L 135/3 |
| --- | --- | --- | --- |

2.6.2010

EN

Official Journal of the European Union

L 135/3

---

COMMISSION REGULATION (EU) No 478/2010

of 1 June 2010

imposing a provisional anti-dumping duty on imports of high tenacity yarn of polyesters originating in the People’s Republic of China

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (the ‘basic Regulation’), and in particular Article 7 thereof,

After consulting the Advisory Committee,

Whereas:

1.   PROCEDURE

PROCEDURE

1.1.   Initiation

Initiation

| (1) | On 8 September 2009, the Commission announced, by a notice published in the Official Journal of the European Union (2) (notice of initiation), the initiation of an anti-dumping proceeding with regard to imports into the Union of high tenacity yarn of polyesters originating in the People’s Republic of China (PRC), the Republic of Korea (Korea) and Taiwan (the countries concerned). |
| --- | --- |

(1)

On 8 September 2009, the Commission announced, by a notice published in the Official Journal of the European Union (2) (notice of initiation), the initiation of an anti-dumping proceeding with regard to imports into the Union of high tenacity yarn of polyesters originating in the People’s Republic of China (PRC), the Republic of Korea (Korea) and Taiwan (the countries concerned).

Official Journal of the European Union

2

| (2) | The proceeding was initiated as a result of a complaint lodged on 27 July 2009 by CIRFS — European Man-made Fibres Association (the complainant) on behalf of producers of high tenacity yarn of polyesters representing a major proportion, in this case more than 60 % of the total Union production of high tenacity yarn of polyesters. The complaint contained prima facie evidence of dumping of the said product and of material injury resulting therefrom, which was considered sufficient to justify the initiation of an investigation. |
| --- | --- |

(2)

The proceeding was initiated as a result of a complaint lodged on 27 July 2009 by CIRFS — European Man-made Fibres Association (the complainant) on behalf of producers of high tenacity yarn of polyesters representing a major proportion, in this case more than 60 % of the total Union production of high tenacity yarn of polyesters. The complaint contained prima facie evidence of dumping of the said product and of material injury resulting therefrom, which was considered sufficient to justify the initiation of an investigation.

1.2.   Parties concerned by the proceeding

Parties concerned by the proceeding

| (3) | The Commission officially advised the complainant Union producers, other known Union producers, the exporting producers, importers, users, other parties known to be concerned, and representatives of the PRC, Korea and Taiwan of the initiation of the proceeding. Interested parties were given an opportunity to make their views known in writing and to request a hearing within the time limit set in the notice of initiation. |
| --- | --- |

(3)

The Commission officially advised the complainant Union producers, other known Union producers, the exporting producers, importers, users, other parties known to be concerned, and representatives of the PRC, Korea and Taiwan of the initiation of the proceeding. Interested parties were given an opportunity to make their views known in writing and to request a hearing within the time limit set in the notice of initiation.

| (4) | The complainant, other Union producers, exporting producers in the PRC, Korea and Taiwan, importers and users made their views known. All interested parties, who so requested and showed that there were particular reasons why they should be heard, were granted a hearing. |
| --- | --- |

(4)

The complainant, other Union producers, exporting producers in the PRC, Korea and Taiwan, importers and users made their views known. All interested parties, who so requested and showed that there were particular reasons why they should be heard, were granted a hearing.

| (5) | In view of the apparent high number of exporting producers in the PRC and Korea and importers, sampling was envisaged in the notice of initiation, in accordance with Article 17 of the basic Regulation. In order to enable the Commission to decide whether sampling would be necessary and, if so, to select a sample, all known exporting producers in the PRC and Korea and Union importers were asked to make themselves known to the Commission and to provide, as specified in the notice of initiation, basic information on their activities related to the product concerned during the period from 1 July 2008 to 30 June 2009. |
| --- | --- |

(5)

In view of the apparent high number of exporting producers in the PRC and Korea and importers, sampling was envisaged in the notice of initiation, in accordance with Article 17 of the basic Regulation. In order to enable the Commission to decide whether sampling would be necessary and, if so, to select a sample, all known exporting producers in the PRC and Korea and Union importers were asked to make themselves known to the Commission and to provide, as specified in the notice of initiation, basic information on their activities related to the product concerned during the period from 1 July 2008 to 30 June 2009.

| (6) | As explained in recitals 22 to 27 below, eleven exporting producers in the PRC provided the requested information and agreed to be included in a sample. With regards to Korea, four exporting producers provided the requested information and agreed to be included in the sample. |
| --- | --- |

(6)

As explained in recitals 22 to 27 below, eleven exporting producers in the PRC provided the requested information and agreed to be included in a sample. With regards to Korea, four exporting producers provided the requested information and agreed to be included in the sample.

| (7) | On the basis of the information received from the cooperating exporting producers, the Commission selected a sample of three exporting producers in the PRC or groups of related companies having the largest volume of exports to the Union. All exporting producers concerned, as well as their association and the authorities of the PRC, were consulted and agreed on the selection of the sample. |
| --- | --- |

(7)

On the basis of the information received from the cooperating exporting producers, the Commission selected a sample of three exporting producers in the PRC or groups of related companies having the largest volume of exports to the Union. All exporting producers concerned, as well as their association and the authorities of the PRC, were consulted and agreed on the selection of the sample.

| (8) | In the case of Korea only four exporting producers provided the required information for the sampling exercise. In view of the low number of exporting producers which indicated their willingness to cooperate, it was decided that sampling was not necessary. |
| --- | --- |

(8)

In the case of Korea only four exporting producers provided the required information for the sampling exercise. In view of the low number of exporting producers which indicated their willingness to cooperate, it was decided that sampling was not necessary.

| (9) | In order to allow exporting producers in the PRC to submit a claim for market economy treatment (MET) or individual treatment (IT), if they so wished, the Commission sent claim forms to the sampled exporting producers in the PRC and to the exporting producers that requested such forms with the intention to apply for individual examination pursuant to Article 17(3) of the basic Regulation. |
| --- | --- |

(9)

In order to allow exporting producers in the PRC to submit a claim for market economy treatment (MET) or individual treatment (IT), if they so wished, the Commission sent claim forms to the sampled exporting producers in the PRC and to the exporting producers that requested such forms with the intention to apply for individual examination pursuant to Article 17(3) of the basic Regulation.

| (10) | The Commission officially disclosed the results of the MET findings to the exporting producers concerned in the PRC, the authorities of the PRC and the complainants. They were also given an opportunity to make their views known in writing and to request a hearing if there were particular reasons to be heard. |
| --- | --- |

(10)

The Commission officially disclosed the results of the MET findings to the exporting producers concerned in the PRC, the authorities of the PRC and the complainants. They were also given an opportunity to make their views known in writing and to request a hearing if there were particular reasons to be heard.

| (11) | Two exporting producers which were not included in the sample because they did not meet the criteria set in Article 17(1) of the basic Regulation claimed an individual margin pursuant to Article 17(3) of the basic Regulation. It was considered however that individual examination of the exporting producers concerned, would have led to additional on-the-spot visits and specific analysis, and would have thus been unduly burdensome and would have prevented the timely completion of the investigation. Therefore, it was provisionally concluded that the request for an individual examination of the said exporting producers could not be accepted. |
| --- | --- |

(11)

Two exporting producers which were not included in the sample because they did not meet the criteria set in Article 17(1) of the basic Regulation claimed an individual margin pursuant to Article 17(3) of the basic Regulation. It was considered however that individual examination of the exporting producers concerned, would have led to additional on-the-spot visits and specific analysis, and would have thus been unduly burdensome and would have prevented the timely completion of the investigation. Therefore, it was provisionally concluded that the request for an individual examination of the said exporting producers could not be accepted.

| (12) | The Commission sent questionnaires to all parties known to be concerned and to all the other companies that made themselves known within the deadlines set out in the notice of initiation, namely to four Union producers, ten importers and 68 users. |
| --- | --- |

(12)

The Commission sent questionnaires to all parties known to be concerned and to all the other companies that made themselves known within the deadlines set out in the notice of initiation, namely to four Union producers, ten importers and 68 users.

| (13) | Replies were received from the complainant Union producers and one additional Union producer which supported this investigation, two unrelated importers and 33 users. |
| --- | --- |

(13)

Replies were received from the complainant Union producers and one additional Union producer which supported this investigation, two unrelated importers and 33 users.

| (14) | The Commission sought and verified all the information deemed necessary for a provisional determination of dumping, resulting injury and Union interest. Verification visits were carried out at the premises of the following companies: | Producers in the Union:







  — | Brilen SA, Barbastro, Spain, |
| --- | --- | --- | --- |

(14)

The Commission sought and verified all the information deemed necessary for a provisional determination of dumping, resulting injury and Union interest. Verification visits were carried out at the premises of the following companies:

Producers in the Union:

Producers in the Union:

—

Brilen SA, Barbastro, Spain,

| — | Performance Fibers, Bascharage, Luxemburg and its related companies Performance Fibers Longlaville, Longwy, France; Performance Fibers GmbH, Bad Hersfeld Germany; Performance Fibers, Bobingen, Germany; Performance Fibers, Guben, Germany, |
| --- | --- |

—

Performance Fibers, Bascharage, Luxemburg and its related companies Performance Fibers Longlaville, Longwy, France; Performance Fibers GmbH, Bad Hersfeld Germany; Performance Fibers, Bobingen, Germany; Performance Fibers, Guben, Germany,

| — | Polyester High Performance, Wuppertal, Germany, |
| --- | --- |

—

Polyester High Performance, Wuppertal, Germany,

| — | Sioen, Mouscron, Belgium. |
| --- | --- |

—

Sioen, Mouscron, Belgium.

| | Importers in the Union:







  — | Protex Advanced Textiles GmbH, Rosendahl, Germany. |
| --- | --- | --- |

Importers in the Union:

Importers in the Union:

—

Protex Advanced Textiles GmbH, Rosendahl, Germany.

| | Users in the Union:







  — | Autoliv Romania SA, Brasov, Romania, |
| --- | --- | --- |

Users in the Union:

Users in the Union:

—

Autoliv Romania SA, Brasov, Romania,

| — | Guth & Wolf GmbH, Gütersloh, Germany, |
| --- | --- |

—

Guth & Wolf GmbH, Gütersloh, Germany,

| — | Michelin, Clermont Ferrand, France, |
| --- | --- |

—

Michelin, Clermont Ferrand, France,

| — | Mitas AS, Prague, Czech Republic. |
| --- | --- |

—

Mitas AS, Prague, Czech Republic.

| | Exporting producers in the PRC:







  — | Zhejiang Guxiandao Industrial Fibre Co., Ltd, Shaoxing, |
| --- | --- | --- |

Exporting producers in the PRC:

Exporting producers in the PRC:

—

Zhejiang Guxiandao Industrial Fibre Co., Ltd, Shaoxing,

| — | Zhejiang Hailide New Material Co., Ltd, Haining, |
| --- | --- |

—

Zhejiang Hailide New Material Co., Ltd, Haining,

| — | Zhejiang Unifull Industrial Fibre Co., Ltd, Huzhou. |
| --- | --- |

—

Zhejiang Unifull Industrial Fibre Co., Ltd, Huzhou.

| | Exporting producers in Korea:







  — | Hyosung Corporation, Seoul, |
| --- | --- | --- |

Exporting producers in Korea:

Exporting producers in Korea:

—

Hyosung Corporation, Seoul,

| — | Kolon Industries Inc, Seoul, |
| --- | --- |

—

Kolon Industries Inc, Seoul,

| — | KP Chemtech Corporation, Ulsan, |
| --- | --- |

—

KP Chemtech Corporation, Ulsan,

| — | Samyang Corporation, Seoul. |
| --- | --- |

—

Samyang Corporation, Seoul.

| | Exporting producers in Taiwan:







  — | Far Eastern Textiles Co., Ltd, Taipei, |
| --- | --- | --- |

Exporting producers in Taiwan:

Exporting producers in Taiwan:

—

Far Eastern Textiles Co., Ltd, Taipei,

| — | Shinkong Corporation, Tapei. |
| --- | --- |

—

Shinkong Corporation, Tapei.

| | Related importers in the Union:







  — | Hyosung Luxembourg SA, Luxembourg. |
| --- | --- | --- |

Related importers in the Union:

Related importers in the Union:

—

Hyosung Luxembourg SA, Luxembourg.

| | Producers in the analogue country:







  — | Performance Fibers, Inc. and Performance Fibers Operations, Inc., Richmond, USA. |
| --- | --- | --- |

Producers in the analogue country:

Producers in the analogue country:

—

Performance Fibers, Inc. and Performance Fibers Operations, Inc., Richmond, USA.

1.3.   Investigation period

Investigation period

| (15) | The investigation of dumping and injury covered the period from 1 July 2008 to 30 June 2009 (‘investigation period’ or ‘IP’). The examination of trends relevant for the assessment of injury covered the period from January 2005 to the end of the investigation period (period considered). |
| --- | --- |

(15)

The investigation of dumping and injury covered the period from 1 July 2008 to 30 June 2009 (‘investigation period’ or ‘IP’). The examination of trends relevant for the assessment of injury covered the period from January 2005 to the end of the investigation period (period considered).

2.   PRODUCT CONCERNED AND LIKE PRODUCT

PRODUCT CONCERNED AND LIKE PRODUCT

2.1.   Product concerned

Product concerned

| (16) | The product concerned is high tenacity yarn of polyesters (other than sewing thread), not put up for retail sale, including monofilament of less than 67 decitex originating in the PRC, Korea and Taiwan (‘the product concerned’ or ‘HTY’) currently falling within CN code 5402 20 00. |
| --- | --- |

(16)

The product concerned is high tenacity yarn of polyesters (other than sewing thread), not put up for retail sale, including monofilament of less than 67 decitex originating in the PRC, Korea and Taiwan (‘the product concerned’ or ‘HTY’) currently falling within CN code 5402 20 00.

| (17) | The product concerned features outstanding properties and is used in a number of diverse applications such as tyre reinforcement, broad fabrics, conveyor belts, safety belt ropes, nets and geo-synthetic products. |
| --- | --- |

(17)

The product concerned features outstanding properties and is used in a number of diverse applications such as tyre reinforcement, broad fabrics, conveyor belts, safety belt ropes, nets and geo-synthetic products.

| (18) | During the course of the investigation, certain parties claimed that the yarn used in the production of tyres, the so called ‘High Modulus Low Shrinkage’ (HMLS) yarn, should be excluded from the scope of the investigation. They claimed that HMLS has different characteristics and applications compared to other HTY. |
| --- | --- |

(18)

During the course of the investigation, certain parties claimed that the yarn used in the production of tyres, the so called ‘High Modulus Low Shrinkage’ (HMLS) yarn, should be excluded from the scope of the investigation. They claimed that HMLS has different characteristics and applications compared to other HTY.

| (19) | The investigation, however, showed that, although HMLS yarn has some distinctive characteristics compared to other HTY, (e.g., modulus, shrinkage, tensile strength and fatigue resistance), the different types of the product concerned all share the same basic physical and chemical characteristics. They are therefore considered to constitute one single product. |
| --- | --- |

(19)

The investigation, however, showed that, although HMLS yarn has some distinctive characteristics compared to other HTY, (e.g., modulus, shrinkage, tensile strength and fatigue resistance), the different types of the product concerned all share the same basic physical and chemical characteristics. They are therefore considered to constitute one single product.

2.2.   Like product

Like product

| (20) | The product exported to the Union from the PRC, Korea and Taiwan, and the product produced and sold domestically in Korea and Taiwan as well as in the PRC by the Chinese exporting producer which was granted MET and also the one manufactured and sold in the Union by the Union producers were found to have the same basic physical and technical characteristics as well as the same uses. They are therefore provisionally considered as alike within the meaning of Article 1(4) of the basic Regulation. |
| --- | --- |

(20)

The product exported to the Union from the PRC, Korea and Taiwan, and the product produced and sold domestically in Korea and Taiwan as well as in the PRC by the Chinese exporting producer which was granted MET and also the one manufactured and sold in the Union by the Union producers were found to have the same basic physical and technical characteristics as well as the same uses. They are therefore provisionally considered as alike within the meaning of Article 1(4) of the basic Regulation.

3.   SAMPLING

SAMPLING

3.1.   Sampling of importers

Sampling of importers

| (21) | In view of the large number of importers identified from the complaint, sampling was envisaged for importers in the notice of initiation in accordance with Article 17(1) of the basic Regulation. However, after examination of the information submitted and given the low number of importers which indicated their willingness to cooperate, it was decided that sampling was not necessary. |
| --- | --- |

(21)

In view of the large number of importers identified from the complaint, sampling was envisaged for importers in the notice of initiation in accordance with Article 17(1) of the basic Regulation. However, after examination of the information submitted and given the low number of importers which indicated their willingness to cooperate, it was decided that sampling was not necessary.

3.2.   Sampling for exporting producers in the PRC

Sampling for exporting producers in the PRC

| (22) | In view of the large number of exporting producers in the PRC, sampling was envisaged in the notice of initiation for the determination of dumping, in accordance with Article 17(1) of the basic Regulation. |
| --- | --- |

(22)

In view of the large number of exporting producers in the PRC, sampling was envisaged in the notice of initiation for the determination of dumping, in accordance with Article 17(1) of the basic Regulation.

| (23) | In order to enable the Commission to decide whether sampling would be necessary and, if so, to select a sample, exporting producers in the PRC were requested to make themselves known within 15 days from the date of the initiation of the investigation and to provide basic information on their export and domestic sales, their precise activities with regard to the production of the product concerned and the names and activities of all their related companies involved in the production and/or selling of the product concerned. |
| --- | --- |

(23)

In order to enable the Commission to decide whether sampling would be necessary and, if so, to select a sample, exporting producers in the PRC were requested to make themselves known within 15 days from the date of the initiation of the investigation and to provide basic information on their export and domestic sales, their precise activities with regard to the production of the product concerned and the names and activities of all their related companies involved in the production and/or selling of the product concerned.

| (24) | The authorities of the PRC and the producers association, i.e. the China Chamber of Commerce for Import and Export of Textiles, were also consulted for the selection of a representative sample. |
| --- | --- |

(24)

The authorities of the PRC and the producers association, i.e. the China Chamber of Commerce for Import and Export of Textiles, were also consulted for the selection of a representative sample.

3.2.1.   Pre-selection of cooperating exporting producers

Pre-selection of cooperating exporting producers

| (25) | In total, eleven exporting producers, including groups of related companies in the PRC, came forward and provided the requested information within the given deadline set in the notice of initiation. All of them reported exports of the product concerned to the Union during the IP and expressed a wish to participate in the sample. Thus, these eleven exporting producers were considered to be cooperating in the present investigation (cooperating exporting producers). |
| --- | --- |

(25)

In total, eleven exporting producers, including groups of related companies in the PRC, came forward and provided the requested information within the given deadline set in the notice of initiation. All of them reported exports of the product concerned to the Union during the IP and expressed a wish to participate in the sample. Thus, these eleven exporting producers were considered to be cooperating in the present investigation (cooperating exporting producers).

| (26) | Exporting producers which did not make themselves known within the aforesaid deadline or did not provide the requested information in due time, were considered as non-cooperating with the investigation. The comparison between Eurostat import data and the volume of exports to the Union of the product concerned reported for the IP by the companies mentioned in recital 25 suggests that the cooperation of Chinese exporting producers was very high as mentioned in recital 73 below. |
| --- | --- |

(26)

Exporting producers which did not make themselves known within the aforesaid deadline or did not provide the requested information in due time, were considered as non-cooperating with the investigation. The comparison between Eurostat import data and the volume of exports to the Union of the product concerned reported for the IP by the companies mentioned in recital 25 suggests that the cooperation of Chinese exporting producers was very high as mentioned in recital 73 below.

3.2.2.   Selection of the sample of cooperating exporting producers in the PRC

Selection of the sample of cooperating exporting producers in the PRC

| (27) | In accordance with Article 17(1) of the basic Regulation, the Commission selected a sample based on the largest representative volume of exports of HTY to the Union which could reasonably be investigated within the time available. The sample selected consists of three companies or groups of related companies, representing more than 65 % of the total volume of exports to the Union of the product concerned. In accordance with Article 17(2) of the basic Regulation, all exporting producers concerned, as well as their association and the authorities of the PRC, were consulted and agreed on the selection of the sample. |
| --- | --- |

(27)

In accordance with Article 17(1) of the basic Regulation, the Commission selected a sample based on the largest representative volume of exports of HTY to the Union which could reasonably be investigated within the time available. The sample selected consists of three companies or groups of related companies, representing more than 65 % of the total volume of exports to the Union of the product concerned. In accordance with Article 17(2) of the basic Regulation, all exporting producers concerned, as well as their association and the authorities of the PRC, were consulted and agreed on the selection of the sample.

3.3.   Individual examination

Individual examination

| (28) | Two exporting producers which were not included in the sample because they did not meet the criteria set in Article 17(1) of the basic Regulation requested that an individual margin of dumping be established pursuant to Article 17(3) of the basic Regulation. |
| --- | --- |

(28)

Two exporting producers which were not included in the sample because they did not meet the criteria set in Article 17(1) of the basic Regulation requested that an individual margin of dumping be established pursuant to Article 17(3) of the basic Regulation.

| (29) | As mentioned in recital 27 above, the sample was limited to a reasonable number of companies which could be investigated within the time available. The companies investigated for the purpose of the investigation of dumping for the countries concerned are listed in recital 14 above. In view of the number of verification visits to be carried out at the premises of these companies, which in the case of the PRC entailed the verification of MET claims and anti-dumping questionnaire replies, it was considered that individual examinations would be unduly burdensome and would have prevented the timely completion of the investigation. |
| --- | --- |

(29)

As mentioned in recital 27 above, the sample was limited to a reasonable number of companies which could be investigated within the time available. The companies investigated for the purpose of the investigation of dumping for the countries concerned are listed in recital 14 above. In view of the number of verification visits to be carried out at the premises of these companies, which in the case of the PRC entailed the verification of MET claims and anti-dumping questionnaire replies, it was considered that individual examinations would be unduly burdensome and would have prevented the timely completion of the investigation.

| (30) | Therefore, it was provisionally concluded that the two requests for an individual examination could not be accepted. |
| --- | --- |

(30)

Therefore, it was provisionally concluded that the two requests for an individual examination could not be accepted.

4.   DUMPING

DUMPING

4.1.   General methodology

General methodology

| (31) | The general methodology set out hereinafter has been applied to all exporting producers in Korea, Taiwan, the exporting producer in the PRC granted MET and, taking into account the concept of an analogue country, also for the other two sampled exporting producer in the PRC not granted MET. The presentation of the findings on dumping for each of the countries concerned by this investigation therefore only describes what is specific for each exporting country. |
| --- | --- |

(31)

The general methodology set out hereinafter has been applied to all exporting producers in Korea, Taiwan, the exporting producer in the PRC granted MET and, taking into account the concept of an analogue country, also for the other two sampled exporting producer in the PRC not granted MET. The presentation of the findings on dumping for each of the countries concerned by this investigation therefore only describes what is specific for each exporting country.

4.1.1.   Normal value

Normal value

| (32) | In accordance with Article 2(2) of the basic Regulation, the Commission first examined whether the domestic sales of the like product to independent customers by each exporting producer were representative, i.e. whether the total volume of such sales was equal to or greater than 5 % of the total volume of the corresponding export sales to the Union. |
| --- | --- |

(32)

In accordance with Article 2(2) of the basic Regulation, the Commission first examined whether the domestic sales of the like product to independent customers by each exporting producer were representative, i.e. whether the total volume of such sales was equal to or greater than 5 % of the total volume of the corresponding export sales to the Union.

| (33) | The Commission subsequently identified those product types sold domestically by the companies having overall representative sales which were identical or directly comparable with the types sold for export to the Union. |
| --- | --- |

(33)

The Commission subsequently identified those product types sold domestically by the companies having overall representative sales which were identical or directly comparable with the types sold for export to the Union.

| (34) | For each product type sold by the exporting producers concerned on the domestic market, which was found to be directly comparable with the type sold for export to the Union, it was established whether domestic sales were sufficiently representative for the purposes of Article 2(2) of the basic Regulation. Domestic sales of a particular product type were considered as sufficiently representative when the volume of that product type sold on the domestic market to independent customers during the IP represented 5 % or more of the total volume of the comparable product type sold for export to the Union. |
| --- | --- |

(34)

For each product type sold by the exporting producers concerned on the domestic market, which was found to be directly comparable with the type sold for export to the Union, it was established whether domestic sales were sufficiently representative for the purposes of Article 2(2) of the basic Regulation. Domestic sales of a particular product type were considered as sufficiently representative when the volume of that product type sold on the domestic market to independent customers during the IP represented 5 % or more of the total volume of the comparable product type sold for export to the Union.

| (35) | The Commission subsequently examined whether the domestic sales of each company could be considered as being made in the ordinary course of trade pursuant to Article 2(4) of the basic Regulation. This was done by establishing for each product type the proportion of profitable domestic sales to independent customers. |
| --- | --- |

(35)

The Commission subsequently examined whether the domestic sales of each company could be considered as being made in the ordinary course of trade pursuant to Article 2(4) of the basic Regulation. This was done by establishing for each product type the proportion of profitable domestic sales to independent customers.

| (36) | Where the sales volume of a product type, sold at a net sales price equal to or above the calculated cost of production, represented more than 80 % of the total sales volume of that type, and where the weighted average sales price was equal to or higher than the unit cost, normal value, by product type, was calculated as the weighted average of all domestic sales prices of the type in question. |
| --- | --- |

(36)

Where the sales volume of a product type, sold at a net sales price equal to or above the calculated cost of production, represented more than 80 % of the total sales volume of that type, and where the weighted average sales price was equal to or higher than the unit cost, normal value, by product type, was calculated as the weighted average of all domestic sales prices of the type in question.

| (37) | Where the volume of profitable sales of a product type represented 80 %, or less of the total sales volume of that product type, or where the weighted average price of that type was below the unit cots, normal value was based on the actual domestic price, which was calculated as the weighted average price of only the profitable domestic sales of the type in question. |
| --- | --- |

(37)

Where the volume of profitable sales of a product type represented 80 %, or less of the total sales volume of that product type, or where the weighted average price of that type was below the unit cots, normal value was based on the actual domestic price, which was calculated as the weighted average price of only the profitable domestic sales of the type in question.

| (38) | Where the product types were all sold at a loss, it was considered that they were not sold in the ordinary course of trade. |
| --- | --- |

(38)

Where the product types were all sold at a loss, it was considered that they were not sold in the ordinary course of trade.

| (39) | For sales of product types not made in the ordinary course of trade, as well as for product types which were not sold in representative quantities on the domestic market, the Commission used constructed normal value, in accordance with Article 2(3) of the basic Regulation. |
| --- | --- |

(39)

For sales of product types not made in the ordinary course of trade, as well as for product types which were not sold in representative quantities on the domestic market, the Commission used constructed normal value, in accordance with Article 2(3) of the basic Regulation.

| (40) | To construct normal value pursuant to Article 2(3) of the basic Regulation, the selling, general and administrative (SG&A) expenses incurred and the weighted average profit realised by each of the cooperating exporting producers concerned on domestic sales of the like product, in the ordinary course of trade, during the investigation period, was added to their own average cost of production during the investigation period. Where necessary, the costs of production and SG&A expenses reported were adjusted, before being used in the ordinary course of trade test and in constructing normal values. |
| --- | --- |

(40)

To construct normal value pursuant to Article 2(3) of the basic Regulation, the selling, general and administrative (SG&A) expenses incurred and the weighted average profit realised by each of the cooperating exporting producers concerned on domestic sales of the like product, in the ordinary course of trade, during the investigation period, was added to their own average cost of production during the investigation period. Where necessary, the costs of production and SG&A expenses reported were adjusted, before being used in the ordinary course of trade test and in constructing normal values.

4.1.2.   Export price

Export price

| (41) | In all cases where the product concerned was exported to independent customers in the Union, the export price was established in accordance with Article 2(8) of the basic Regulation, namely on the basis of export prices actually paid or payable. |
| --- | --- |

(41)

In all cases where the product concerned was exported to independent customers in the Union, the export price was established in accordance with Article 2(8) of the basic Regulation, namely on the basis of export prices actually paid or payable.

| (42) | In cases where sales were made via a related importer, the export price was established in accordance with Article 2(9) of the basic Regulation on the basis of the price at which the imported products were first resold to independent customers. In these cases, adjustments were made for all costs incurred between importation and resale, including duties and taxes, as well as a reasonable margin for SG&A and profits. The related importer’s own SG&A costs were used and a reasonable profit margin was established on the basis of the one found in the investigation to have been attained by the independent importer of the product concerned. |
| --- | --- |

(42)

In cases where sales were made via a related importer, the export price was established in accordance with Article 2(9) of the basic Regulation on the basis of the price at which the imported products were first resold to independent customers. In these cases, adjustments were made for all costs incurred between importation and resale, including duties and taxes, as well as a reasonable margin for SG&A and profits. The related importer’s own SG&A costs were used and a reasonable profit margin was established on the basis of the one found in the investigation to have been attained by the independent importer of the product concerned.

4.1.3.   Comparison

Comparison

| (43) | The comparison between normal value and export price was made on an ex-works basis. |
| --- | --- |

(43)

The comparison between normal value and export price was made on an ex-works basis.

| (44) | For the purpose of ensuring a fair comparison between the normal value and the export price, due allowance in the form of adjustments was made for differences affecting prices and price comparability in accordance with Article 2(10) of the basic Regulation. Appropriate adjustments were granted in all cases where they were found to be reasonable, accurate and supported by verified evidence. |
| --- | --- |

(44)

For the purpose of ensuring a fair comparison between the normal value and the export price, due allowance in the form of adjustments was made for differences affecting prices and price comparability in accordance with Article 2(10) of the basic Regulation. Appropriate adjustments were granted in all cases where they were found to be reasonable, accurate and supported by verified evidence.

4.1.4.   Dumping margin

Dumping margin

| (45) | According to Article 2(11) of the basic Regulation, the dumping margin for each cooperating exporting producer was established on the basis of a comparison between the weighted average normal value with the weighted average export price. |
| --- | --- |

(45)

According to Article 2(11) of the basic Regulation, the dumping margin for each cooperating exporting producer was established on the basis of a comparison between the weighted average normal value with the weighted average export price.

4.2.   The PRC

The PRC

4.2.1.   MET assessment

MET assessment

| (46) | Pursuant to Article 2(7)(b) of the basic Regulation, in anti-dumping investigations concerning imports originating in the PRC, normal value shall be determined in accordance with paragraphs 1 to 6 of the said Article for those exporting producers which were found to meet the criteria laid down in Article 2(7)(c) of the basic Regulation. |
| --- | --- |

(46)

Pursuant to Article 2(7)(b) of the basic Regulation, in anti-dumping investigations concerning imports originating in the PRC, normal value shall be determined in accordance with paragraphs 1 to 6 of the said Article for those exporting producers which were found to meet the criteria laid down in Article 2(7)(c) of the basic Regulation.

| (47) | Briefly, and for ease of reference only, these criteria are set out in a summarised form below:






  1. | business decisions and costs are made in response to market conditions, and without significant State interference; costs of major inputs substantially reflect market values; |
| --- | --- | --- |

(47)

Briefly, and for ease of reference only, these criteria are set out in a summarised form below:

1.

business decisions and costs are made in response to market conditions, and without significant State interference; costs of major inputs substantially reflect market values;

| 2. | firms have one clear set of basic accounting records which are independently audited in line with International Accounting Standards (IAS) and are applied for all purposes; |
| --- | --- |

2.

firms have one clear set of basic accounting records which are independently audited in line with International Accounting Standards (IAS) and are applied for all purposes;

| 3. | there are no significant distortions carried over from the former non-market economy system; |
| --- | --- |

3.

there are no significant distortions carried over from the former non-market economy system;

| 4. | bankruptcy and property laws guarantee legal certainty and stability; |
| --- | --- |

4.

bankruptcy and property laws guarantee legal certainty and stability;

| 5. | exchange rate conversions are carried out at the market rate. |
| --- | --- |

5.

exchange rate conversions are carried out at the market rate.

| (48) | All sampled companies requested MET and replied to the MET claim form within the given deadlines. The Commission sought and verified the information provided in the claim forms and all other information deemed necessary at the premises of the companies in question. |
| --- | --- |

(48)

All sampled companies requested MET and replied to the MET claim form within the given deadlines. The Commission sought and verified the information provided in the claim forms and all other information deemed necessary at the premises of the companies in question.

| (49) | The verification established that two sampled exporting producers in the PRC did not meet the requirements of the criteria set forth in Article 2(7)(c) of the basic Regulation to be granted MET. |
| --- | --- |

(49)

The verification established that two sampled exporting producers in the PRC did not meet the requirements of the criteria set forth in Article 2(7)(c) of the basic Regulation to be granted MET.

| (50) | In particular, one sampled exporting producer did not meet the requirements of criteria 1 to 3. Firstly, it could not demonstrate that its decisions were made in response to market signals and without significant State interference because restrictions in its selling activities, such as the obligation to sell a certain volume of the product concerned on the domestic market, were found to exist. Secondly, it did not demonstrate that its accounting records were audited in line with IAS. The investigation pointed to a number of inconsistencies and shortcomings in the accounts of the applicant, and identified certain breaches of IAS principles. Finally, distortions carried over from the non-market economy system were observed in the form of improper land-use right evaluations. |
| --- | --- |

(50)

In particular, one sampled exporting producer did not meet the requirements of criteria 1 to 3. Firstly, it could not demonstrate that its decisions were made in response to market signals and without significant State interference because restrictions in its selling activities, such as the obligation to sell a certain volume of the product concerned on the domestic market, were found to exist. Secondly, it did not demonstrate that its accounting records were audited in line with IAS. The investigation pointed to a number of inconsistencies and shortcomings in the accounts of the applicant, and identified certain breaches of IAS principles. Finally, distortions carried over from the non-market economy system were observed in the form of improper land-use right evaluations.

| (51) | The other sampled exporting producer could not demonstrate that it met criteria 1 and 3. It could not demonstrate that its decisions were made in response to market signals and without significant State interference because restrictions in its selling activities, similar to those identified in recital 50 above, were found to exist and also despite the existence of a State certification part of its capital was found not to have been contributed. Distortions carried over from the non-market economy system were also observed in the form of improper land use right evaluations. |
| --- | --- |

(51)

The other sampled exporting producer could not demonstrate that it met criteria 1 and 3. It could not demonstrate that its decisions were made in response to market signals and without significant State interference because restrictions in its selling activities, similar to those identified in recital 50 above, were found to exist and also despite the existence of a State certification part of its capital was found not to have been contributed. Distortions carried over from the non-market economy system were also observed in the form of improper land use right evaluations.

| (52) | One sampled exporting producer demonstrated that it fulfilled all the criteria of Article 2(7)(c) of the basic Regulation and could be granted MET. |
| --- | --- |

(52)

One sampled exporting producer demonstrated that it fulfilled all the criteria of Article 2(7)(c) of the basic Regulation and could be granted MET.

4.2.2.   Individual treatment (IT)

Individual treatment (IT)

| (53) | Pursuant to Article 2(7)(a) of the basic Regulation, a countrywide duty, if any, is established for countries falling under that Article, except in those cases where companies are able to demonstrate that they meet all criteria set out in Article 9(5) of the basic Regulation to be granted IT. |
| --- | --- |

(53)

Pursuant to Article 2(7)(a) of the basic Regulation, a countrywide duty, if any, is established for countries falling under that Article, except in those cases where companies are able to demonstrate that they meet all criteria set out in Article 9(5) of the basic Regulation to be granted IT.

| (54) | Briefly, and for ease of reference only, these criteria are set out below:






  1. | in the case of wholly or partly foreign owned firms or joint ventures, exporters are free to repatriate capital and profits; |
| --- | --- | --- |

(54)

Briefly, and for ease of reference only, these criteria are set out below:

1.

in the case of wholly or partly foreign owned firms or joint ventures, exporters are free to repatriate capital and profits;

| 2. | export prices and quantities, and conditions and terms of sale are freely determined; |
| --- | --- |

2.

export prices and quantities, and conditions and terms of sale are freely determined;

| 3. | the majority of the shares belong to private persons. State officials appearing on the board of directors or holding key management positions shall either be in minority or it must be demonstrated that the company is nonetheless sufficiently independent from State interference; |
| --- | --- |

3.

the majority of the shares belong to private persons. State officials appearing on the board of directors or holding key management positions shall either be in minority or it must be demonstrated that the company is nonetheless sufficiently independent from State interference;

| 4. | exchange rate conversions are carried out at the market rate; and |
| --- | --- |

4.

exchange rate conversions are carried out at the market rate; and

| 5. | State interference is not such as to permit circumvention of measures if individual exporters are given different rates of duty. |
| --- | --- |

5.

State interference is not such as to permit circumvention of measures if individual exporters are given different rates of duty.

| (55) | The sampled exporting producers which did not meet the MET criteria had also claimed IT in the event that they were not granted MET. |
| --- | --- |

(55)

The sampled exporting producers which did not meet the MET criteria had also claimed IT in the event that they were not granted MET.

| (56) | On the basis of information available, it was provisionally established that the following two exporting producers in the PRC which were included in the sample meet all the requirements for IT as set forth in Article 9(5) of the basic Regulation:






  — | Zhejiang Guxiandao Industrial Fibre Co., Ltd, |
| --- | --- | --- |

(56)

On the basis of information available, it was provisionally established that the following two exporting producers in the PRC which were included in the sample meet all the requirements for IT as set forth in Article 9(5) of the basic Regulation:

—

Zhejiang Guxiandao Industrial Fibre Co., Ltd,

| — | Zhejiang Unifull Industrial Fibre Co., Ltd. |
| --- | --- |

—

Zhejiang Unifull Industrial Fibre Co., Ltd.

4.2.3.   Analogue country

Analogue country

| (57) | According to Article 2(7)(a) of the basic Regulation, in economies in transition, normal value for exporting producers not granted MET has to be established on the basis of the price or constructed value in a market economy third country (analogue country). |
| --- | --- |

(57)

According to Article 2(7)(a) of the basic Regulation, in economies in transition, normal value for exporting producers not granted MET has to be established on the basis of the price or constructed value in a market economy third country (analogue country).

| (58) | In the notice of initiation the United States of America (USA) was proposed as an appropriate analogue country for the purpose of establishing normal value in the PRC. The Commission invited all interested parties to comment on this proposal. |
| --- | --- |

(58)

In the notice of initiation the United States of America (USA) was proposed as an appropriate analogue country for the purpose of establishing normal value in the PRC. The Commission invited all interested parties to comment on this proposal.

| (59) | A large number of parties objected to this proposal and suggested the use of Taiwan or Korea because they claimed these countries were more appropriate. The relevant arguments put forward were:






  (a) | the production processes and costs in the USA vary significantly from those in the PRC because the machinery used in USA is old and obsolete whereas the equipment used by the majority of the Chinese producers is modern and based on the most recent technology. Most of the Chinese, Taiwanese and Korean exporting producers use the recent one-step production technology which makes them more efficient than their US counterparts; |
| --- | --- | --- |

(59)

A large number of parties objected to this proposal and suggested the use of Taiwan or Korea because they claimed these countries were more appropriate. The relevant arguments put forward were:

(a)

the production processes and costs in the USA vary significantly from those in the PRC because the machinery used in USA is old and obsolete whereas the equipment used by the majority of the Chinese producers is modern and based on the most recent technology. Most of the Chinese, Taiwanese and Korean exporting producers use the recent one-step production technology which makes them more efficient than their US counterparts;

| (b) | the fact that the Taiwanese and Korean exporters were alleged to be dumping is irrelevant for the purpose of choosing a suitable analogue country; |
| --- | --- |

(b)

the fact that the Taiwanese and Korean exporters were alleged to be dumping is irrelevant for the purpose of choosing a suitable analogue country;

| (c) | the complainants have related companies in the USA and it would not be appropriate to base the normal value on the information provided by these related companies; |
| --- | --- |

(c)

the complainants have related companies in the USA and it would not be appropriate to base the normal value on the information provided by these related companies;

| (d) | the conditions of competition in the USA are different from those prevailing in the PRC. The USA market is practically monopolised by one producer whereas Taiwan and Korea have a larger number of domestic producers as it is the case in the PRC. |
| --- | --- |

(d)

the conditions of competition in the USA are different from those prevailing in the PRC. The USA market is practically monopolised by one producer whereas Taiwan and Korea have a larger number of domestic producers as it is the case in the PRC.

| (60) | The Commission examined the above comments and considered that they were overall valid as far as the choice of an analogue country is concerned. It was further investigated whether Taiwan or Korea would qualify as a possible market economy third country for the purpose of establishing normal value for the PRC. |
| --- | --- |

(60)

The Commission examined the above comments and considered that they were overall valid as far as the choice of an analogue country is concerned. It was further investigated whether Taiwan or Korea would qualify as a possible market economy third country for the purpose of establishing normal value for the PRC.

| (61) | The investigation showed in particular that Taiwan had a higher degree of comparability of end products with the PRC. It was noted that exporting producers in Taiwan are also present in the PRC with related producers and that they basically operate under similar conditions in both countries. |
| --- | --- |

(61)

The investigation showed in particular that Taiwan had a higher degree of comparability of end products with the PRC. It was noted that exporting producers in Taiwan are also present in the PRC with related producers and that they basically operate under similar conditions in both countries.

| (62) | On this basis, it was considered more appropriate to use Taiwan as an analogue country to establish normal value for the PRC in accordance with Article 2(7) of the basic Regulation. |
| --- | --- |

(62)

On this basis, it was considered more appropriate to use Taiwan as an analogue country to establish normal value for the PRC in accordance with Article 2(7) of the basic Regulation.

| (63) | Following the choice of Taiwan as an analogue country, normal value was calculated on the basis of the data verified at the premises of the Taiwanese exporting producers which cooperated fully with the investigation. Normal value was based on the price paid or payable on sales made in the domestic market of Taiwan for comparable product types, if these were found to be made in representative quantities and in the ordinary course of trade. This was the case for a number of exported product types. |
| --- | --- |

(63)

Following the choice of Taiwan as an analogue country, normal value was calculated on the basis of the data verified at the premises of the Taiwanese exporting producers which cooperated fully with the investigation. Normal value was based on the price paid or payable on sales made in the domestic market of Taiwan for comparable product types, if these were found to be made in representative quantities and in the ordinary course of trade. This was the case for a number of exported product types.

4.2.4.   Normal value

Normal value

4.2.4.1.   Sampled exporting producer granted MET

Sampled exporting producer granted MET

| (64) | The majority of the domestic sales of the sampled exporting producer granted MET were found to be made in representative quantities and in the ordinary course of trade. Normal value for these product types was based on the actual prices paid or payable during the investigation period by independent customers in the domestic market of the PRC, in accordance with Article 2(1) of the basic Regulation. |
| --- | --- |

(64)

The majority of the domestic sales of the sampled exporting producer granted MET were found to be made in representative quantities and in the ordinary course of trade. Normal value for these product types was based on the actual prices paid or payable during the investigation period by independent customers in the domestic market of the PRC, in accordance with Article 2(1) of the basic Regulation.

| (65) | For sales of product types not made in the ordinary course of trade, as well as for product types which were not sold in representative quantities on the domestic market, normal value had to be constructed as set out in recital 40 above. |
| --- | --- |

(65)

For sales of product types not made in the ordinary course of trade, as well as for product types which were not sold in representative quantities on the domestic market, normal value had to be constructed as set out in recital 40 above.

4.2.4.2.   Sampled exporting producers not granted MET

Sampled exporting producers not granted MET

| (66) | As mentioned in recitals 57 to 63 above, normal value for exporting producers not granted MET has to be established on the basis of the price or constructed value in a market economy third country, in this case Taiwan. |
| --- | --- |

(66)

As mentioned in recitals 57 to 63 above, normal value for exporting producers not granted MET has to be established on the basis of the price or constructed value in a market economy third country, in this case Taiwan.

| (67) | For the other exported product types, which were either not sold in the ordinary course of trade in Taiwan or not sold in representative quantities by the Taiwanese producers on their domestic market, normal value had to be constructed. Normal value was constructed on the basis set out in recital 40 above. |
| --- | --- |

(67)

For the other exported product types, which were either not sold in the ordinary course of trade in Taiwan or not sold in representative quantities by the Taiwanese producers on their domestic market, normal value had to be constructed. Normal value was constructed on the basis set out in recital 40 above.

4.2.5.   Export Price

Export Price

| (68) | All sales of the product concerned made by the three sampled exporting producers on the Union market were made directly to independent customers in the Union. Consequently, the export price was established in accordance with Article 2(8) of the basic Regulation, on the basis of prices actually paid or payable. |
| --- | --- |

(68)

All sales of the product concerned made by the three sampled exporting producers on the Union market were made directly to independent customers in the Union. Consequently, the export price was established in accordance with Article 2(8) of the basic Regulation, on the basis of prices actually paid or payable.

4.2.6.   Comparison

Comparison

| (69) | In order to ensure a fair comparison between normal value and the export price, due allowance in the form of adjustments was made for differences affecting prices and price comparability in accordance with Article 2(10) of the basic Regulation. On this basis, adjustments for differences in transport costs, ocean freight and insurance costs, handling, loading and ancillary costs, packing costs, credit costs, commissions, discounts, rebates and indirect taxation were granted to all investigated exporting producers where applicable and justified. |
| --- | --- |

(69)

In order to ensure a fair comparison between normal value and the export price, due allowance in the form of adjustments was made for differences affecting prices and price comparability in accordance with Article 2(10) of the basic Regulation. On this basis, adjustments for differences in transport costs, ocean freight and insurance costs, handling, loading and ancillary costs, packing costs, credit costs, commissions, discounts, rebates and indirect taxation were granted to all investigated exporting producers where applicable and justified.

4.2.7.   Dumping margins

Dumping margins

4.2.7.1.   For the sampled exporting producers

For the sampled exporting producers

| (70) | For the sampled companies, the weighted average normal value of each product type was compared with the weighted average export price of the corresponding type of the product concerned, as provided for in Article 2(11) and (12) of the basic Regulation. |
| --- | --- |

(70)

For the sampled companies, the weighted average normal value of each product type was compared with the weighted average export price of the corresponding type of the product concerned, as provided for in Article 2(11) and (12) of the basic Regulation.

| (71) | On this basis, the provisional weighted average dumping margins expressed as a percentage of the CIF Union frontier price, duty unpaid, are the following:






  Company | Provisional dumping margin |
| --- | --- | --- |
| — | Zhejiang Guxiandao Industrial Fibre Co., Ltd |

(71)

On this basis, the provisional weighted average dumping margins expressed as a percentage of the CIF Union frontier price, duty unpaid, are the following:

Company

Provisional dumping margin

—

Zhejiang Guxiandao Industrial Fibre Co., Ltd

9,3  %

| — | Zhejiang Hailide New Material Co., Ltd |
| --- | --- |

—

Zhejiang Hailide New Material Co., Ltd

0

| — | Zhejiang Unifull Industrial Fibre Co., Ltd |
| --- | --- |

—

Zhejiang Unifull Industrial Fibre Co., Ltd

7,7  %

4.2.7.2.   For other cooperating exporting producers

For other cooperating exporting producers

| (72) | The weighted average dumping margin of the cooperating exporting producers not included in the sample was calculated in accordance with the provisions of Article 9(6) of the basic Regulation. This margin was established on the basis of the margins established for the sampled exporting producers, disregarding the margin of the exporting producer with a zero dumping margin. On this basis, the dumping margin calculated for the cooperating companies not included in the sample was provisionally established at 8,9 %. |
| --- | --- |

(72)

The weighted average dumping margin of the cooperating exporting producers not included in the sample was calculated in accordance with the provisions of Article 9(6) of the basic Regulation. This margin was established on the basis of the margins established for the sampled exporting producers, disregarding the margin of the exporting producer with a zero dumping margin. On this basis, the dumping margin calculated for the cooperating companies not included in the sample was provisionally established at 8,9 %.

| (73) | With regard to all other exporters in the PRC, the Commission first established the level of cooperation. A comparison was made between the total export quantities indicated in the sampling replies received from all cooperating exporting producers and the total imports from the PRC as derived from the Eurostat import statistics. The percentage of cooperation found was 100 %. On this basis, the level of cooperation was deemed to be high and it was, therefore, considered appropriate to set the dumping margin for the non-cooperating exporting producers at the highest dumping margin established for the sampled exporting producers. |
| --- | --- |

(73)

With regard to all other exporters in the PRC, the Commission first established the level of cooperation. A comparison was made between the total export quantities indicated in the sampling replies received from all cooperating exporting producers and the total imports from the PRC as derived from the Eurostat import statistics. The percentage of cooperation found was 100 %. On this basis, the level of cooperation was deemed to be high and it was, therefore, considered appropriate to set the dumping margin for the non-cooperating exporting producers at the highest dumping margin established for the sampled exporting producers.

| (74) | On this basis, the countrywide level of dumping was provisionally established at 9,3 %. |
| --- | --- |

(74)

On this basis, the countrywide level of dumping was provisionally established at 9,3 %.

4.3.   Korea

Korea

4.3.1.   Normal value

Normal value

| (75) | The majority of the domestic sales of the product types sold for export to the Union by all four investigated companies were found to be made in representative quantities and in the ordinary course of trade. Normal value for these product types was based on the actual prices paid or payable during the investigation period by independent customers in the domestic market of Korea, in accordance with Article 2(1) of the basic Regulation. |
| --- | --- |

(75)

The majority of the domestic sales of the product types sold for export to the Union by all four investigated companies were found to be made in representative quantities and in the ordinary course of trade. Normal value for these product types was based on the actual prices paid or payable during the investigation period by independent customers in the domestic market of Korea, in accordance with Article 2(1) of the basic Regulation.

| (76) | For sales of product types not made in the ordinary course of trade, as well as for product types which were not sold in representative quantities on the domestic market, normal value had to be constructed. All four investigated companies had domestic sales of certain product types which were not made in representative quantities or in the ordinary course of trade. In these cases, normal value was constructed on the basis set out in recital 40 above. |
| --- | --- |

(76)

For sales of product types not made in the ordinary course of trade, as well as for product types which were not sold in representative quantities on the domestic market, normal value had to be constructed. All four investigated companies had domestic sales of certain product types which were not made in representative quantities or in the ordinary course of trade. In these cases, normal value was constructed on the basis set out in recital 40 above.

4.3.2.   Export price

Export price

| (77) | Part of the export sales of one exporting producer were made directly to a related importer in the Union. Consequently, the export price was established in accordance with Article 2(9) of the basic Regulation on the basis of the prices at which the products were first resold to an independent buyer and in accordance with the methodology described in recital 42 above. |
| --- | --- |

(77)

Part of the export sales of one exporting producer were made directly to a related importer in the Union. Consequently, the export price was established in accordance with Article 2(9) of the basic Regulation on the basis of the prices at which the products were first resold to an independent buyer and in accordance with the methodology described in recital 42 above.

| (78) | The remaining exports of the product concerned of the said exporting producer and all the export sales of the three other exporting producers were made directly to independent customers in the Union. For those sales, the export price was established in accordance with Article 2(8) of the basic Regulation, on the basis of prices actually paid or payable. |
| --- | --- |

(78)

The remaining exports of the product concerned of the said exporting producer and all the export sales of the three other exporting producers were made directly to independent customers in the Union. For those sales, the export price was established in accordance with Article 2(8) of the basic Regulation, on the basis of prices actually paid or payable.

4.3.3.   Comparison

Comparison

| (79) | In order to ensure a fair comparison between normal value and the export price, due allowance in the form of adjustments was made for differences affecting prices and price comparability in accordance with Article 2(10) of the basic Regulation. On this basis, adjustments for differences in transport costs, ocean freight and insurance costs, handling, loading and ancillary costs, packing costs, credit costs, commissions, were granted to all investigated exporting producers where applicable and justified. |
| --- | --- |

(79)

In order to ensure a fair comparison between normal value and the export price, due allowance in the form of adjustments was made for differences affecting prices and price comparability in accordance with Article 2(10) of the basic Regulation. On this basis, adjustments for differences in transport costs, ocean freight and insurance costs, handling, loading and ancillary costs, packing costs, credit costs, commissions, were granted to all investigated exporting producers where applicable and justified.

| (80) | All four investigated companies claimed a duty drawback adjustment pursuant to Article 2(10)(b) of the basic Regulation on the grounds that import charges were allegedly borne by the like product when intended for consumption in the exporting country but were refunded or not paid when the product was sold for export to the Union. |
| --- | --- |

(80)

All four investigated companies claimed a duty drawback adjustment pursuant to Article 2(10)(b) of the basic Regulation on the grounds that import charges were allegedly borne by the like product when intended for consumption in the exporting country but were refunded or not paid when the product was sold for export to the Union.

| (81) | This claim was considered unfounded because all four companies failed to show that import charges refunded to the companies were linked to the exports of the product concerned to the Union. |
| --- | --- |

(81)

This claim was considered unfounded because all four companies failed to show that import charges refunded to the companies were linked to the exports of the product concerned to the Union.

4.3.4.   Dumping margins

Dumping margins

| (82) | As provided by Article 2(11) of the basic Regulation, for each company the weighted average normal value established for each product type was compared with the weighted average export price of each corresponding product type. |
| --- | --- |

(82)

As provided by Article 2(11) of the basic Regulation, for each company the weighted average normal value established for each product type was compared with the weighted average export price of each corresponding product type.

| (83) | On this basis, the dumping margins expressed as a percentage of the CIF import price at the Union border, duty unpaid, of all exporting producers concerned in Korea were found to be below the de minimis threshold of 2 % in the sense of Article 9(3) of the basic Regulation. |
| --- | --- |

(83)

On this basis, the dumping margins expressed as a percentage of the CIF import price at the Union border, duty unpaid, of all exporting producers concerned in Korea were found to be below the de minimis threshold of 2 % in the sense of Article 9(3) of the basic Regulation.

de minimis

| (84) | It should be noted that the four Korean exporting producers represent the entirety of exports originating in that country when compared to the Eurostat import data. Thus, it has been provisionally concluded that the adoption of anti-dumping measures with regard to imports originating in Korea was not warranted. |
| --- | --- |

(84)

It should be noted that the four Korean exporting producers represent the entirety of exports originating in that country when compared to the Eurostat import data. Thus, it has been provisionally concluded that the adoption of anti-dumping measures with regard to imports originating in Korea was not warranted.

| (85) | Should these findings be confirmed in the further course of the investigation, the proceeding shall be terminated as regards Korea. |
| --- | --- |

(85)

Should these findings be confirmed in the further course of the investigation, the proceeding shall be terminated as regards Korea.

4.4.   Taiwan

Taiwan

4.4.1.   Normal value

Normal value

| (86) | The majority of the domestic sales of the product types sold for export to the Union by the two investigated companies were found to be made in representative quantities and in the ordinary course of trade. Normal value for these product types was based on the actual prices paid or payable during the investigation period by independent customers in the domestic market of Taiwan, in accordance with Article 2(1) of the basic Regulation. |
| --- | --- |

(86)

The majority of the domestic sales of the product types sold for export to the Union by the two investigated companies were found to be made in representative quantities and in the ordinary course of trade. Normal value for these product types was based on the actual prices paid or payable during the investigation period by independent customers in the domestic market of Taiwan, in accordance with Article 2(1) of the basic Regulation.

| (87) | For sales of product types not made in the ordinary course of trade, as well as for product types which were not sold in representative quantities on the domestic market, normal value had to be constructed. Both investigated companies had domestic sales of certain product types, which were not made in representative quantities or in the ordinary course of trade. In these cases normal value was constructed on the basis set out in recital 40 above. |
| --- | --- |

(87)

For sales of product types not made in the ordinary course of trade, as well as for product types which were not sold in representative quantities on the domestic market, normal value had to be constructed. Both investigated companies had domestic sales of certain product types, which were not made in representative quantities or in the ordinary course of trade. In these cases normal value was constructed on the basis set out in recital 40 above.

4.4.2.   Export price

Export price

| (88) | All sales of the product concerned made by the two cooperating exporting producers on the Union market were made directly to independent customers in the Union. Consequently, the export price was established in accordance with Article 2(8) of the basic Regulation, on the basis of prices actually paid or payable. |
| --- | --- |

(88)

All sales of the product concerned made by the two cooperating exporting producers on the Union market were made directly to independent customers in the Union. Consequently, the export price was established in accordance with Article 2(8) of the basic Regulation, on the basis of prices actually paid or payable.

4.4.3.   Comparison

Comparison

| (89) | In order to ensure a fair comparison between normal value and the export price, due allowance in the form of adjustments was made for differences affecting prices and price comparability in accordance with Article 2(10) of the basic Regulation. On this basis, adjustments for differences in transport costs, ocean freight and insurance costs, handling, loading and ancillary costs, packing costs, credit costs, commissions, discounts and rebates were granted to all investigated exporting producers where applicable and justified. |
| --- | --- |

(89)

In order to ensure a fair comparison between normal value and the export price, due allowance in the form of adjustments was made for differences affecting prices and price comparability in accordance with Article 2(10) of the basic Regulation. On this basis, adjustments for differences in transport costs, ocean freight and insurance costs, handling, loading and ancillary costs, packing costs, credit costs, commissions, discounts and rebates were granted to all investigated exporting producers where applicable and justified.

4.4.4.   Dumping margins

Dumping margins

| (90) | As provided by Article 2(11) of the basic Regulation, for each company the weighted average normal value established for each product type was compared with the weighted average export price of each corresponding product type. |
| --- | --- |

(90)

As provided by Article 2(11) of the basic Regulation, for each company the weighted average normal value established for each product type was compared with the weighted average export price of each corresponding product type.

| (91) | On this basis, the dumping margins, expressed as a percentage of the CIF import price at the Union border, duty unpaid, were as follows:







  — | Far Eastern Textiles Co., Ltd | 3,9 %, |
| --- | --- | --- | --- |
| — | Shinkong Corporation | de minimis |

(91)

On this basis, the dumping margins, expressed as a percentage of the CIF import price at the Union border, duty unpaid, were as follows:

—

Far Eastern Textiles Co., Ltd

3,9 %,

—

Shinkong Corporation

de minimis

de minimis

| (92) | With regard to imports originating in Taiwan, it should be noted that the two cooperating exporting producers represent the entirety of exports originating in this country when compared to the Eurostat import data. A countrywide margin of dumping was established for Taiwan. This countrywide dumping margin was found to be below the de minimis threshold of 2 % set forth in Article 9(3) of the basic Regulation. On this basis, it has been provisionally concluded that the imposition of anti-dumping measures with regard to imports originating in Taiwan is not warranted. |
| --- | --- |

(92)

With regard to imports originating in Taiwan, it should be noted that the two cooperating exporting producers represent the entirety of exports originating in this country when compared to the Eurostat import data. A countrywide margin of dumping was established for Taiwan. This countrywide dumping margin was found to be below the de minimis threshold of 2 % set forth in Article 9(3) of the basic Regulation. On this basis, it has been provisionally concluded that the imposition of anti-dumping measures with regard to imports originating in Taiwan is not warranted.

de minimis

| (93) | Should these findings be confirmed in the further course of the investigation, the proceeding shall be terminated as regards Taiwan. |
| --- | --- |

(93)

Should these findings be confirmed in the further course of the investigation, the proceeding shall be terminated as regards Taiwan.

5.   UNION INDUSTRY

UNION INDUSTRY

5.1.   Union production

Union production

| (94) | All available information concerning Union producers, including information provided in the complaint and data collected from Union producers before and after the initiation of the investigation, was used in order to establish the total Union production. |
| --- | --- |

(94)

All available information concerning Union producers, including information provided in the complaint and data collected from Union producers before and after the initiation of the investigation, was used in order to establish the total Union production.

| (95) | On that basis, the total Union production was estimated to be around 121 000 tonnes during the IP. This amount included the production of all Union producers that made themselves known and the estimated production of producers which remained silent in the proceeding (silent producers). In the absence of any other information, the data indicated in the complaint in respect of the silent producers was used to establish the total Union production and consumption. The silent producers accounted for around 22 % of total Union production during the IP. None of the known Union producers were neutral or opposed to the initiation of the investigation. |
| --- | --- |

(95)

On that basis, the total Union production was estimated to be around 121 000 tonnes during the IP. This amount included the production of all Union producers that made themselves known and the estimated production of producers which remained silent in the proceeding (silent producers). In the absence of any other information, the data indicated in the complaint in respect of the silent producers was used to establish the total Union production and consumption. The silent producers accounted for around 22 % of total Union production during the IP. None of the known Union producers were neutral or opposed to the initiation of the investigation.

| (96) | The production volume of the Union producers which supported the complaint amounted to 94 000 tonnes in the IP, thus representing around 78 % of the total estimated Union production. |
| --- | --- |

(96)

The production volume of the Union producers which supported the complaint amounted to 94 000 tonnes in the IP, thus representing around 78 % of the total estimated Union production.

5.2.   Definition of the Union industry

Definition of the Union industry

| (97) | As mentioned in recital 96 above, the investigation showed that the Union producers that supported the complaint and agreed to cooperate in the investigation represented around 78 % of total Union production during the IP. These producers are therefore deemed to constitute the Union industry within the meaning of Article 4(1) and Article 5(4) of the basic Regulation. |
| --- | --- |

(97)

As mentioned in recital 96 above, the investigation showed that the Union producers that supported the complaint and agreed to cooperate in the investigation represented around 78 % of total Union production during the IP. These producers are therefore deemed to constitute the Union industry within the meaning of Article 4(1) and Article 5(4) of the basic Regulation.

6.   INJURY

INJURY

6.1.   Union consumption

Union consumption

| (98) | Consumption was established on the basis of the total imports, derived from Eurostat, the total sales on the Union market of the Union industry, including an estimate of the sales of the silent producers. |
| --- | --- |

(98)

Consumption was established on the basis of the total imports, derived from Eurostat, the total sales on the Union market of the Union industry, including an estimate of the sales of the silent producers.

| (99) | As mentioned under recital 95 above, in the absence of any other information regarding the silent producers on their production and sales of HTY during the period considered, the data pertaining to these producers provided in the complaint was used instead.

  Table 1











  Union consumption | 2005 | 2006 | 2007 | 2008 | IP |
| --- | --- | --- | --- | --- | --- | --- |
| Tonnes | 221 277 | 233 969 | 265 826 | 241 258 | 205 912 |
| Index | 100 | 106 | 120 | 109 | 93 |
| Source: Eurostat, complaint data and questionnaire replies. |

(99)

As mentioned under recital 95 above, in the absence of any other information regarding the silent producers on their production and sales of HTY during the period considered, the data pertaining to these producers provided in the complaint was used instead.

Table 1

Table 1

Union consumption

2005

2006

2007

2008

IP

Tonnes

221 277

233 969

265 826

241 258

205 912

Index

Index

100

100

106

106

120

120

109

109

93

93

Source: Eurostat, complaint data and questionnaire replies.

Source:

| (100) | Overall, Union consumption decreased by 7 % during the period considered. It was found that the consumption first increased by 20 % between 2005 and 2007, after which it decreased by 22 % between 2007 and the IP. The downturn in consumption in 2008 and the IP was the result of a lower demand, especially in the second half of 2008, due to the economic crisis. |
| --- | --- |

(100)

Overall, Union consumption decreased by 7 % during the period considered. It was found that the consumption first increased by 20 % between 2005 and 2007, after which it decreased by 22 % between 2007 and the IP. The downturn in consumption in 2008 and the IP was the result of a lower demand, especially in the second half of 2008, due to the economic crisis.

6.2.   Imports into the Union from the countries concerned

Imports into the Union from the countries concerned

6.2.1.   Cumulative assessment of the effects of the imports from the countries concerned

Cumulative assessment of the effects of the imports from the countries concerned

| (101) | The Commission examined whether imports of HTY originating in the PRC, Korea and Taiwan should be assessed cumulatively in accordance with Article 3(4) of the basic Regulation. |
| --- | --- |

(101)

The Commission examined whether imports of HTY originating in the PRC, Korea and Taiwan should be assessed cumulatively in accordance with Article 3(4) of the basic Regulation.

| (102) | As regards the imports from Taiwan and Korea, as mentioned above, it was provisionally assessed that both the Taiwanese and Korean imports were not made at dumped prices during the IP. |
| --- | --- |

(102)

As regards the imports from Taiwan and Korea, as mentioned above, it was provisionally assessed that both the Taiwanese and Korean imports were not made at dumped prices during the IP.

| (103) | Therefore it was provisionally concluded that the effect of imports from Korea and Taiwan should not be cumulated with the dumped imports from the PRC. |
| --- | --- |

(103)

Therefore it was provisionally concluded that the effect of imports from Korea and Taiwan should not be cumulated with the dumped imports from the PRC.

6.2.2.   Dumped imports from the PRC

Dumped imports from the PRC

| (104) | It should be noted that one exporting producer in the PRC included in the sample was found not to be dumping its products on the Union market. Accordingly, its exports should be excluded from the analysis concerning the development of dumped imports from the PRC on the Union market. |
| --- | --- |

(104)

It should be noted that one exporting producer in the PRC included in the sample was found not to be dumping its products on the Union market. Accordingly, its exports should be excluded from the analysis concerning the development of dumped imports from the PRC on the Union market.

| (105) | However, in order to avoid any possibility of disclosing sensitive business data pertaining to the said producer, it was considered appropriate for confidentiality reasons not to exclude the data of the exporter not found to be dumping on the Union market from the publicly available data presented below, such as Eurostat. |
| --- | --- |

(105)

However, in order to avoid any possibility of disclosing sensitive business data pertaining to the said producer, it was considered appropriate for confidentiality reasons not to exclude the data of the exporter not found to be dumping on the Union market from the publicly available data presented below, such as Eurostat.

| (106) | The first table below, therefore, comprises all imports of HTY originating in the PRC whereas the second table shows the indexed data concerning the dumped imports on the Union market during the period considered.

  Table 2a











  Total imports from the PRC | 2005 | 2006 | 2007 | 2008 | IP |
| --- | --- | --- | --- | --- | --- | --- |
| Volumes (tonnes) | 16 200 | 23 776 | 42 249 | 51 406 | 48 683 |
| Index | 100 | 147 | 261 | 317 | 301 |
| Market share | 7,3  % | 10,2  % | 15,9  % | 21,3  % | 23,6  % |
| Index | 100 | 139 | 217 | 291 | 323 |
| Prices (EUR/tonne) | 1 871 | 1 622 | 1 522 | 1 571 | 1 548 |
| Index | 100 | 87 | 81 | 84 | 83 |
| Source: Eurostat. |

(106)

The first table below, therefore, comprises all imports of HTY originating in the PRC whereas the second table shows the indexed data concerning the dumped imports on the Union market during the period considered.

Table 2a

Table 2a

Total imports from the PRC

2005

2006

2007

2008

IP

Volumes (tonnes)

16 200

23 776

42 249

51 406

48 683

Index

Index

100

100

147

147

261

261

317

317

301

301

Market share

7,3  %

10,2  %

15,9  %

21,3  %

23,6  %

Index

Index

100

100

139

139

217

217

291

291

323

323

Prices (EUR/tonne)

1 871

1 622

1 522

1 571

1 548

Index

Index

100

100

87

87

81

81

84

84

83

83

Source: Eurostat.

Source:

| (107) | The volume of total imports from the PRC increased dramatically by three times over the period considered, while at the same time the average import prices decreased by 17 %. As a result, their market share increased significantly from 7,3 % in 2005 to 23,6 % in the IP. The investigation showed that even in the period between 2007 and the IP, when consumption decreased by 22 %, the volume of imports from the PRC increased by 15 %, leading to an increase of 7,7 percentage points in their market share. |
| --- | --- |

(107)

The volume of total imports from the PRC increased dramatically by three times over the period considered, while at the same time the average import prices decreased by 17 %. As a result, their market share increased significantly from 7,3 % in 2005 to 23,6 % in the IP. The investigation showed that even in the period between 2007 and the IP, when consumption decreased by 22 %, the volume of imports from the PRC increased by 15 %, leading to an increase of 7,7 percentage points in their market share.

6.2.2.1.   Volume, price and market share of dumped imports

Volume, price and market share of dumped imports

Table 2b

Table 2b

| Dumped imports from the PRC | 2005 | 2006 | 2007 | 2008 | IP |
| --- | --- | --- | --- | --- | --- |
| Imports (tonnes) | | | | | |
| Index | 100 | 240 | 582 | 728 | 714 |
| Market share | | | | | |
| Index | 100 | 227 | 485 | 667 | 768 |
| Prices (EUR/tonne) | | | | | |
| Index | 100 | 67 | 61 | 63 | 61 |
| Source: Eurostat and questionnaire replies. |

Dumped imports from the PRC

2005

2006

2007

2008

IP

Imports (tonnes)

Index

Index

100

100

240

240

582

582

728

728

714

714

Market share

Index

Index

100

100

227

227

485

485

667

667

768

768

Prices (EUR/tonne)

Index

Index

100

100

67

67

61

61

63

63

61

61

Source: Eurostat and questionnaire replies.

Source:

| (108) | The dumped import volumes from the PRC increased dramatically over the period considered, leading to an increase of their market share by over seven times. In addition, the investigation showed that despite the decrease in consumption in the period between 2007 and the IP, dumped imports gained considerable market share during the IP. |
| --- | --- |

(108)

The dumped import volumes from the PRC increased dramatically over the period considered, leading to an increase of their market share by over seven times. In addition, the investigation showed that despite the decrease in consumption in the period between 2007 and the IP, dumped imports gained considerable market share during the IP.

| (109) | Average prices of the dumped imports from the PRC showed a decrease of 39 % during the period considered, undercutting the Union industry’s prices during the IP, as explained below in recital 112. |
| --- | --- |

(109)

Average prices of the dumped imports from the PRC showed a decrease of 39 % during the period considered, undercutting the Union industry’s prices during the IP, as explained below in recital 112.

6.2.2.2.   Price undercutting

Price undercutting

| (110) | For the purposes of analysing price undercutting, the weighted average sales prices per product type of the Union industry to unrelated customers on the Union market, adjusted to an ex-works level, were compared to the corresponding weighted average prices of the imports from the PRC to the first independent customer on the Union market, established on a CIF basis with appropriate adjustments for the existing duty rights and post-importation costs. |
| --- | --- |

(110)

For the purposes of analysing price undercutting, the weighted average sales prices per product type of the Union industry to unrelated customers on the Union market, adjusted to an ex-works level, were compared to the corresponding weighted average prices of the imports from the PRC to the first independent customer on the Union market, established on a CIF basis with appropriate adjustments for the existing duty rights and post-importation costs.

| (111) | Cooperation from the Chinese exporters was high and accounted for 69 % of the total export volume from the PRC to the Union during the IP. Given the fact that one Chinese exporting producer was found not to be dumping its products on the Union market, its imports have not been taken into account for the purpose of the price undercutting analysis. |
| --- | --- |

(111)

Cooperation from the Chinese exporters was high and accounted for 69 % of the total export volume from the PRC to the Union during the IP. Given the fact that one Chinese exporting producer was found not to be dumping its products on the Union market, its imports have not been taken into account for the purpose of the price undercutting analysis.

| (112) | The comparison showed that during the IP, the dumped product concerned originating in the PRC sold in the Union undercut the Union industry’s prices by 24,2 %. |
| --- | --- |

(112)

The comparison showed that during the IP, the dumped product concerned originating in the PRC sold in the Union undercut the Union industry’s prices by 24,2 %.

6.3.   Economic situation of the Union industry

Economic situation of the Union industry

6.3.1.   Preliminary remarks

Preliminary remarks

| (113) | In accordance with Article 3(5) of the basic Regulation, the examination of the impact of the dumped imports on the Union industry included an evaluation of all economic indicators for an assessment of the state of the Union industry from 2005 to the end of the IP. |
| --- | --- |

(113)

In accordance with Article 3(5) of the basic Regulation, the examination of the impact of the dumped imports on the Union industry included an evaluation of all economic indicators for an assessment of the state of the Union industry from 2005 to the end of the IP.

6.3.2.   Production, production capacity and capacity utilisation

Production, production capacity and capacity utilisation

Table 3

Table 3

| | 2005 | 2006 | 2007 | 2008 | IP |
| --- | --- | --- | --- | --- | --- |
| Production (tonnes) | 145 854 | 145 916 | 144 053 | 124 807 | 94 027 |
| Index | 100 | 100 | 99 | 86 | 64 |
| Capacity (tonnes) | 159 813 | 159 785 | 159 101 | 154 783 | 143 784 |
| Index | 100 | 100 | 100 | 97 | 90 |
| Capacity Utilisation | 91  % | 91  % | 91  % | 81  % | 65  % |
| Index | 100 | 100 | 100 | 88 | 72 |
| Source: Questionnaire replies. |

2005

2006

2007

2008

IP

Production (tonnes)

145 854

145 916

144 053

124 807

94 027

Index

Index

100

100

100

100

99

99

86

86

64

64

Capacity (tonnes)

159 813

159 785

159 101

154 783

143 784

Index

Index

100

100

100

100

100

100

97

97

90

90

Capacity Utilisation

91  %

91  %

91  %

81  %

65  %

Index

Index

100

100

100

100

100

100

88

88

72

72

Source: Questionnaire replies.

Source:

| (114) | As shown in the above table, the production of the Union industry decreased by 36 % over the period considered. It should be noted that although Union consumption increased by 20 % between 2005 and 2007, the production of the Union industry remained stable during that period, while it decreased significantly between 2007 and the IP, in line with the drop in the Union consumption. |
| --- | --- |

(114)

As shown in the above table, the production of the Union industry decreased by 36 % over the period considered. It should be noted that although Union consumption increased by 20 % between 2005 and 2007, the production of the Union industry remained stable during that period, while it decreased significantly between 2007 and the IP, in line with the drop in the Union consumption.

| (115) | The Union industry decreased its production capacity to around 144 000 tonnes during the IP. However, in view of stagnating sales and decreasing production volumes, the utilisation of the available capacity decreased from 91 % in 2005 to 65 % in the IP. The main decrease occurred in the period between 2007 and the IP. |
| --- | --- |

(115)

The Union industry decreased its production capacity to around 144 000 tonnes during the IP. However, in view of stagnating sales and decreasing production volumes, the utilisation of the available capacity decreased from 91 % in 2005 to 65 % in the IP. The main decrease occurred in the period between 2007 and the IP.

6.3.3.   Sales volume and market share

Sales volume and market share

| (116) | The sales figures in the table below relate to the volume sold to the first independent customer on the Union market.

  Table 4 | 2005 | 2006 | 2007 | 2008 | IP |
| --- | --- | --- | --- | --- | --- | --- |
| Sales volume (tonnes) | 112 998 | 113 844 | 117 855 | 99 495 | 80 745 |
| Index | 100 | 101 | 104 | 88 | 71 |
| Market share | 51,1  % | 48,7  % | 44,3  % | 41,2  % | 39,2  % |
| Index | 100 | 95 | 87 | 81 | 77 |
| Source: Questionnaire replies. |

(116)

The sales figures in the table below relate to the volume sold to the first independent customer on the Union market.

Table 4

Table 4

2005

2006

2007

2008

IP

Sales volume (tonnes)

112 998

113 844

117 855

99 495

80 745

Index

Index

100

100

101

101

104

104

88

88

71

71

Market share

51,1  %

48,7  %

44,3  %

41,2  %

39,2  %

Index

Index

100

100

95

95

87

87

81

81

77

77

Source: Questionnaire replies.

Source:

| (117) | While Union consumption grew by 20 % during 2005 and 2007, the sales volume of the product concerned by the Union industry to independent customers on the Union market increased by only 4 %. This means that the Union industry could not benefit from the increased consumption in that period. Moreover, in the remainder of the period considered, whereas Union consumption decreased by 22 % the sales volume of the Union industry decreased even more, by 31 %. Consequently the Union industry’s sales volume decreased continuously and significantly and the loss in market share was as high as 11,9 percentage points during the period considered. |
| --- | --- |

(117)

While Union consumption grew by 20 % during 2005 and 2007, the sales volume of the product concerned by the Union industry to independent customers on the Union market increased by only 4 %. This means that the Union industry could not benefit from the increased consumption in that period. Moreover, in the remainder of the period considered, whereas Union consumption decreased by 22 % the sales volume of the Union industry decreased even more, by 31 %. Consequently the Union industry’s sales volume decreased continuously and significantly and the loss in market share was as high as 11,9 percentage points during the period considered.

6.3.4.   Average unit prices of the Union industry

Average unit prices of the Union industry

| (118) | Average ex-works sales prices of the Union industry to unrelated customers on the Union market decreased by 9 % over the period considered. The main decrease occurred between 2007 and the IP, thus coinciding with the surge in the low-priced dumped imports from the PRC. As a consequence, despite the increase in raw material prices the Union industry had to decrease its sales prices in particular during the IP.

  Table 5 | 2005 | 2006 | 2007 | 2008 | IP |
| --- | --- | --- | --- | --- | --- | --- |
| Average price (EUR/tonne) | 2 592 | 2 595 | 2 565 | 2 510 | 2 350 |
| Index | 100 | 100 | 99 | 97 | 91 |
| Source: Questionnaire replies. |

(118)

Average ex-works sales prices of the Union industry to unrelated customers on the Union market decreased by 9 % over the period considered. The main decrease occurred between 2007 and the IP, thus coinciding with the surge in the low-priced dumped imports from the PRC. As a consequence, despite the increase in raw material prices the Union industry had to decrease its sales prices in particular during the IP.

Table 5

Table 5

2005

2006

2007

2008

IP

Average price (EUR/tonne)

2 592

2 595

2 565

2 510

2 350

Index

Index

100

100

100

100

99

99

97

97

91

91

Source: Questionnaire replies.

Source:

| (119) | Indeed, it was found that the average cost of production of the Union industry increased by 6 % between 2005 and the IP. This was mainly due to an increase in the price of PET chips which is the main raw material used in the HTY production. The average price of PET chips increased by 12 % between 2005 and 2008 after which it decreased to a level equal to that prevailing in 2005. However, during the same period, the Union industry was forced to keep its sales prices down in order to compete with the low-priced dumped imports. Consequently, the sales prices of the Union industry were significantly below their costs during the IP. |
| --- | --- |

(119)

Indeed, it was found that the average cost of production of the Union industry increased by 6 % between 2005 and the IP. This was mainly due to an increase in the price of PET chips which is the main raw material used in the HTY production. The average price of PET chips increased by 12 % between 2005 and 2008 after which it decreased to a level equal to that prevailing in 2005. However, during the same period, the Union industry was forced to keep its sales prices down in order to compete with the low-priced dumped imports. Consequently, the sales prices of the Union industry were significantly below their costs during the IP.

6.3.5.   Stocks

Stocks

| (120) | Stocks represented around 15 % of the production volume in the IP. The Union industry decreased its stock levels by 9 % during the period considered, in particular between 2007 and the IP. However, this decrease in stocks should be seen in light of the lower level of activity following the downsizing of the Union industry.

  Table 6 | 2005 | 2006 | 2007 | 2008 | IP |
| --- | --- | --- | --- | --- | --- | --- |
| Stocks (tonnes) | 15 004 | 16 828 | 17 402 | 16 844 | 13 727 |
| Index | 100 | 112 | 116 | 112 | 91 |
| Source: Questionnaire replies. |

(120)

Stocks represented around 15 % of the production volume in the IP. The Union industry decreased its stock levels by 9 % during the period considered, in particular between 2007 and the IP. However, this decrease in stocks should be seen in light of the lower level of activity following the downsizing of the Union industry.

Table 6

Table 6

2005

2006

2007

2008

IP

Stocks (tonnes)

15 004

16 828

17 402

16 844

13 727

Index

Index

100

100

112

112

116

116

112

112

91

91

Source: Questionnaire replies.

Source:

6.3.6.   Employment, wages and productivity

Employment, wages and productivity

Table 7

Table 7

| | 2005 | 2006 | 2007 | 2008 | IP |
| --- | --- | --- | --- | --- | --- |
| Employment — full-time equivalent (FTE) | 1 727 | 1 714 | 1 667 | 1 498 | 1 333 |
| Index | 100 | 99 | 96 | 87 | 77 |
| Labour cost (EUR/FTE) | 41 089 | 41 996 | 42 083 | 48 499 | 43 538 |
| Index | 100 | 102 | 102 | 118 | 106 |
| Productivity (unit/FTE) | 84,4 | 85,1 | 86,4 | 83,3 | 70,5 |
| Index | 100 | 101 | 102 | 99 | 84 |
| Source: Questionnaire replies. |

2005

2006

2007

2008

IP

Employment — full-time equivalent (FTE)

1 727

1 714

1 667

1 498

1 333

Index

Index

100

100

99

99

96

96

87

87

77

77

Labour cost (EUR/FTE)

41 089

41 996

42 083

48 499

43 538

Index

Index

100

100

102

102

102

102

118

118

106

106

Productivity (unit/FTE)

84,4

85,1

86,4

83,3

70,5

Index

Index

100

100

101

101

102

102

99

99

84

84

Source: Questionnaire replies.

Source:

| (121) | Due to the downsizing activities of the Union industry, the number of employees was reduced substantially by 23 % during the period considered. The decrease in the productivity should be seen in light of the general nature of downsizing activities, where the decrease in the number of employees follows the drop in production only after a certain delay. As regards labour costs, they increase slightly by 6 % over the period considered. |
| --- | --- |

(121)

Due to the downsizing activities of the Union industry, the number of employees was reduced substantially by 23 % during the period considered. The decrease in the productivity should be seen in light of the general nature of downsizing activities, where the decrease in the number of employees follows the drop in production only after a certain delay. As regards labour costs, they increase slightly by 6 % over the period considered.

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

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

Table 8

Table 8

| | 2005 | 2006 | 2007 | 2008 | IP |
| --- | --- | --- | --- | --- | --- |
| Profitability | 3,0  % | –0,7  % | –1,1  % | –11,5  % | –13,3  % |
| Index | 100 | –22 | –37 | – 378 | – 438 |
| Cash flow (EUR thousand) | 15 936 | –1 407 | 824 | –16 311 | –14 597 |
| Index | 100 | –9 | 5 | – 120 | – 141 |
| Investments (EUR thousand) | 6 713 | 3 305 | 8 229 | 1 295 | 764 |
| Index | 100 | 49 | 123 | 19 | 11 |
| Return on investments | 12,6  % | –29,4  % | –15,7  % | – 103,3  % | – 130,6  % |
| Index | 100 | – 233 | – 124 | – 819 | –1 036 |
| Source: Questionnaire replies. |

2005

2006

2007

2008

IP

Profitability

3,0  %

–0,7  %

–1,1  %

–11,5  %

–13,3  %

Index

Index

100

100

–22

–22

–37

–37

– 378

– 378

– 438

– 438

Cash flow (EUR thousand)

15 936

–1 407

824

–16 311

–14 597

Index

100

100

–9

–9

5

5

– 120

– 120

– 141

– 141

Investments (EUR thousand)

6 713

3 305

8 229

1 295

764

Index

Index

100

100

49

49

123

123

19

19

11

11

Return on investments

12,6  %

–29,4  %

–15,7  %

– 103,3  %

– 130,6  %

Index

Index

100

100

– 233

– 233

– 124

– 124

– 819

– 819

–1 036

–1 036

Source: Questionnaire replies.

Source:

| (122) | Profitability of the Union industry was established by expressing the pre-tax net profit of the sales of the like product as a percentage of the turnover of these sales. Over the period considered the profitability of the Union industry decreased dramatically from a profit of 3 % in 2005 to a loss of 13,3 % in the IP. Despite the fact that Union consumption was showing an increasing trend between 2005 and 2007, the Union industry could not benefit from this favourable development due to the low priced dumped imports from the PRC. |
| --- | --- |

(122)

Profitability of the Union industry was established by expressing the pre-tax net profit of the sales of the like product as a percentage of the turnover of these sales. Over the period considered the profitability of the Union industry decreased dramatically from a profit of 3 % in 2005 to a loss of 13,3 % in the IP. Despite the fact that Union consumption was showing an increasing trend between 2005 and 2007, the Union industry could not benefit from this favourable development due to the low priced dumped imports from the PRC.

| (123) | The trend shown by the cash flow, which is the ability of the industry to self-finance its activities, reflects to a large extent the evolution of profitability. Consequently, the cash flow shows a substantial decrease during the period considered. The same comments can be made about the return on investments, which showed a similar negative development in line with the negative results achieved by the Union industry over the period considered. |
| --- | --- |

(123)

The trend shown by the cash flow, which is the ability of the industry to self-finance its activities, reflects to a large extent the evolution of profitability. Consequently, the cash flow shows a substantial decrease during the period considered. The same comments can be made about the return on investments, which showed a similar negative development in line with the negative results achieved by the Union industry over the period considered.

| (124) | Following the above, the ability of the Union industry to invest became limited as the cash flow significantly deteriorated during the period considered. As a consequence, the investments dropped by 89 % during the period considered. |
| --- | --- |

(124)

Following the above, the ability of the Union industry to invest became limited as the cash flow significantly deteriorated during the period considered. As a consequence, the investments dropped by 89 % during the period considered.

6.3.8.   Growth

Growth

| (125) | While the Union consumption increased by 20 % between 2005 and 2007, the Union industry managed to increase its sales volume on the Union market by a mere 4 %, thus preventing it from taking advantage of the expansion in Union consumption. When looking at the development over the period considered, the drop of 29 % in the sales volume of the Union industry was far more pronounced than the decrease of 7 % in Union consumption. As a consequence, the market share of the Union industry also decreased significantly by 12 percentage points during the same period. |
| --- | --- |

(125)

While the Union consumption increased by 20 % between 2005 and 2007, the Union industry managed to increase its sales volume on the Union market by a mere 4 %, thus preventing it from taking advantage of the expansion in Union consumption. When looking at the development over the period considered, the drop of 29 % in the sales volume of the Union industry was far more pronounced than the decrease of 7 % in Union consumption. As a consequence, the market share of the Union industry also decreased significantly by 12 percentage points during the same period.

6.3.9.   Magnitude of the actual margin of dumping

Magnitude of the actual margin of dumping

| (126) | The dumping margins for the PRC, specified above in the dumping section, are above de minimis. Given the volumes and the prices of the dumped imports, the impact of the actual margins of dumping cannot be considered to be negligible. |
| --- | --- |

(126)

The dumping margins for the PRC, specified above in the dumping section, are above de minimis. Given the volumes and the prices of the dumped imports, the impact of the actual margins of dumping cannot be considered to be negligible.

de minimis

6.4.   Conclusion on injury

Conclusion on injury

| (127) | The investigation has shown that most of the injury indicators such as production (– 36 %), capacity utilisation (– 28 %), sales volume to unrelated customers on the Union market (– 29 %), market share (– 12 percentage points) and productivity (– 16 %) deteriorated during the period considered. In addition, the injury indicators related to the financial performance of the Union industry such as cash flow (– 241 %) and profitability (– 16,3 percentage points) were seriously affected. This means that the ability of the Union industry to raise capital was also undermined in particular during the IP. |
| --- | --- |

(127)

The investigation has shown that most of the injury indicators such as production (– 36 %), capacity utilisation (– 28 %), sales volume to unrelated customers on the Union market (– 29 %), market share (– 12 percentage points) and productivity (– 16 %) deteriorated during the period considered. In addition, the injury indicators related to the financial performance of the Union industry such as cash flow (– 241 %) and profitability (– 16,3 percentage points) were seriously affected. This means that the ability of the Union industry to raise capital was also undermined in particular during the IP.

| (128) | It was found that the main losses occurred in the period between 2008 and the IP when, despite a significant decrease in the Union consumption, the dumped imports from the PRC remained present in high volumes in the Union market, undercutting the prices of the Union industry by over 24 % in the IP. |
| --- | --- |

(128)

It was found that the main losses occurred in the period between 2008 and the IP when, despite a significant decrease in the Union consumption, the dumped imports from the PRC remained present in high volumes in the Union market, undercutting the prices of the Union industry by over 24 % in the IP.

| (129) | The investigation also showed that the cost of production of the Union industry reached its highest level in 2008, mainly due to the sharp increase in the prices of the main raw material. During the IP, the Union industry managed to maintain and control its cost of production with rationalisation efforts and due to the decrease of PET prices which mainly occurred in the second half of the IP. However, in view of the significant price undercutting practiced by the Chinese exporters during the IP, the Union industry was not in a position to increase its sales prices to a level that would have covered its costs. This led to a significant deterioration in its financial situation during the IP. |
| --- | --- |

(129)

The investigation also showed that the cost of production of the Union industry reached its highest level in 2008, mainly due to the sharp increase in the prices of the main raw material. During the IP, the Union industry managed to maintain and control its cost of production with rationalisation efforts and due to the decrease of PET prices which mainly occurred in the second half of the IP. However, in view of the significant price undercutting practiced by the Chinese exporters during the IP, the Union industry was not in a position to increase its sales prices to a level that would have covered its costs. This led to a significant deterioration in its financial situation during the IP.

| (130) | In the light of the foregoing, it was concluded that the Union industry suffered material injury within the meaning of Article 3(5) of the basic Regulation. |
| --- | --- |

(130)

In the light of the foregoing, it was concluded that the Union industry suffered material injury within the meaning of Article 3(5) of the basic Regulation.

7.   CAUSALITY

CAUSALITY

7.1.   Introduction

Introduction

| (131) | In accordance with Article 3(6) and 3(7) of the basic Regulation, it was examined whether the dumped imports of the product concerned originating in the PRC caused injury to the Union industry to a degree that enables it to be classified as material. Known factors other than the dumped imports, which could at the same time be injuring the Union industry, were also examined to ensure that possible injury caused by these other factors was not attributed to the dumped imports. |
| --- | --- |

(131)

In accordance with Article 3(6) and 3(7) of the basic Regulation, it was examined whether the dumped imports of the product concerned originating in the PRC caused injury to the Union industry to a degree that enables it to be classified as material. Known factors other than the dumped imports, which could at the same time be injuring the Union industry, were also examined to ensure that possible injury caused by these other factors was not attributed to the dumped imports.

7.2.   Effect of the dumped imports

Effect of the dumped imports

| (132) | The investigation showed that dumped imports from the PRC increased dramatically over the period considered, increasing their share of the Union market by more than seven times between 2005 and the IP. It was also found that in the period between 2008 and the IP when the Union consumption decreased by about 15 %, the volume of the dumped imports from the PRC remained high and even increased their market share by 15 %. |
| --- | --- |

(132)

The investigation showed that dumped imports from the PRC increased dramatically over the period considered, increasing their share of the Union market by more than seven times between 2005 and the IP. It was also found that in the period between 2008 and the IP when the Union consumption decreased by about 15 %, the volume of the dumped imports from the PRC remained high and even increased their market share by 15 %.

| (133) | During the period considered, the Union industry faced a significant drop of 29 % in their sales volume and consequently lost market share from 51,1 % to 39,2 %, almost 12 percentage points. In the period between 2008 and the IP, the market share of the Union industry dropped by two percentage points whereas that of the dumped Chinese imports increased, despite the declining demand on the Union market. |
| --- | --- |

(133)

During the period considered, the Union industry faced a significant drop of 29 % in their sales volume and consequently lost market share from 51,1 % to 39,2 %, almost 12 percentage points. In the period between 2008 and the IP, the market share of the Union industry dropped by two percentage points whereas that of the dumped Chinese imports increased, despite the declining demand on the Union market.

| (134) | As regards prices of the dumped imports, they decreased by 39 % during the period considered and were significantly undercutting the prices charged by the Union industry on the Union market. Consequently, the Union industry was prevented from increasing its prices to cover the increase in raw material prices. As a result, the profitability of the Union industry’s sales on the Union market decreased, as explained above in recital 122, from a profit of 3 % in 2005 to a loss of 13,3 % in the IP. |
| --- | --- |

(134)

As regards prices of the dumped imports, they decreased by 39 % during the period considered and were significantly undercutting the prices charged by the Union industry on the Union market. Consequently, the Union industry was prevented from increasing its prices to cover the increase in raw material prices. As a result, the profitability of the Union industry’s sales on the Union market decreased, as explained above in recital 122, from a profit of 3 % in 2005 to a loss of 13,3 % in the IP.

| (135) | The investigation also showed that the increasing volumes of low-priced dumped imports from the PRC had a negative impact on the market overall by depressing the prices. |
| --- | --- |

(135)

The investigation also showed that the increasing volumes of low-priced dumped imports from the PRC had a negative impact on the market overall by depressing the prices.

| (136) | It is therefore considered that the continued pressure exercised by the low-priced dumped imports from the PRC on the Union market did not allow the Union industry to adapt its sales prices to the increased raw material costs, in particular in 2008, when PET prices peaked. This explained the loss in market share and the loss in profitability of the Union industry. |
| --- | --- |

(136)

It is therefore considered that the continued pressure exercised by the low-priced dumped imports from the PRC on the Union market did not allow the Union industry to adapt its sales prices to the increased raw material costs, in particular in 2008, when PET prices peaked. This explained the loss in market share and the loss in profitability of the Union industry.

| (137) | In view of the above it was provisionally concluded that the surge of the low-priced dumped imports from the PRC had a considerable negative impact on the economic situation of the Union industry. |
| --- | --- |

(137)

In view of the above it was provisionally concluded that the surge of the low-priced dumped imports from the PRC had a considerable negative impact on the economic situation of the Union industry.

7.3.   Effect of other factors

Effect of other factors

7.3.1.   Development of the demand on the Union market

Development of the demand on the Union market

| (138) | As mentioned in recital 100 above, the Union consumption of HTY first increased between 2005 and 2007, after which it decreased in 2008 and the IP. During the period considered, the Union industry lost a significant part of their market share. Although it cannot be excluded that this negative evolution of the Union consumption between 2008 and the IP may have had a negative impact on the situation of the Union industry, it is noteworthy that the Chinese exporters managed at the same time to increase their market share. Accordingly, it is considered that the deterioration of the economic situation of the Union industry cannot be explained by the decreased demand but is mainly caused by the surge in the dumped imports from the PRC and the undercutting practised by the Chinese exporters. |
| --- | --- |

(138)

As mentioned in recital 100 above, the Union consumption of HTY first increased between 2005 and 2007, after which it decreased in 2008 and the IP. During the period considered, the Union industry lost a significant part of their market share. Although it cannot be excluded that this negative evolution of the Union consumption between 2008 and the IP may have had a negative impact on the situation of the Union industry, it is noteworthy that the Chinese exporters managed at the same time to increase their market share. Accordingly, it is considered that the deterioration of the economic situation of the Union industry cannot be explained by the decreased demand but is mainly caused by the surge in the dumped imports from the PRC and the undercutting practised by the Chinese exporters.

7.3.2.   Prices of raw material

Prices of raw material

| (139) | Prices of raw material, mainly PET chips, have increased significantly between 2005 and 2008 after which they decreased during the second half of the IP and reached a level equal to the year 2005 by the end of the IP. |
| --- | --- |

(139)

Prices of raw material, mainly PET chips, have increased significantly between 2005 and 2008 after which they decreased during the second half of the IP and reached a level equal to the year 2005 by the end of the IP.

| (140) | The investigation confirmed that the cost of production of the Union industry to produce HTY followed the same trend as the evolution of the raw material prices, and overall increased by 6 % during the period considered. However, in a market governed by effective trade conditions, namely in the absence of injurious dumping, it could be expected that prices are regularly adapted to reflect the development of the various components of the cost of production. This did not take place in this case. Indeed, the Union industry was forced to keep its sales prices low in order to compete against the low-priced dumped imports from the PRC, which led to a significant drop in its profitability. Accordingly, it is provisionally concluded that the undercutting practiced by the Chinese exporters depressed the prices on the Union market and prevented the Union industry from increasing its sales prices to cover its costs. |
| --- | --- |

(140)

The investigation confirmed that the cost of production of the Union industry to produce HTY followed the same trend as the evolution of the raw material prices, and overall increased by 6 % during the period considered. However, in a market governed by effective trade conditions, namely in the absence of injurious dumping, it could be expected that prices are regularly adapted to reflect the development of the various components of the cost of production. This did not take place in this case. Indeed, the Union industry was forced to keep its sales prices low in order to compete against the low-priced dumped imports from the PRC, which led to a significant drop in its profitability. Accordingly, it is provisionally concluded that the undercutting practiced by the Chinese exporters depressed the prices on the Union market and prevented the Union industry from increasing its sales prices to cover its costs.

7.3.3.   Captive production of the Union industry

Captive production of the Union industry

| (141) | The investigation showed that only one Union producer which cooperated with the investigation was vertically integrated and that the captive production was used for further processing into value added products in the downstream industry. The investigation did not point to any production problem linked to these downstream products. Indeed, the captive use remained stable over the period considered and represented around 7 % of the production volume. |
| --- | --- |

(141)

The investigation showed that only one Union producer which cooperated with the investigation was vertically integrated and that the captive production was used for further processing into value added products in the downstream industry. The investigation did not point to any production problem linked to these downstream products. Indeed, the captive use remained stable over the period considered and represented around 7 % of the production volume.

| (142) | On that basis, it was considered that the captive production of the Union industry did not contribute to the deterioration of its financial situation, in particular during the IP. |
| --- | --- |

(142)

On that basis, it was considered that the captive production of the Union industry did not contribute to the deterioration of its financial situation, in particular during the IP.

7.3.4.   Export performance of the Union industry

Export performance of the Union industry

| (143) | Although the analysis of injury and causation focused on the situation of the Union industry in the Union market, its export performance was examined as a potential other factor that may explain the injury found. The analysis showed that the export sales to unrelated parties made by the Union industry remained modest (around 3 %) during the period considered. The decrease in export sales volume, from around 18 000 tonnes in 2005 to around 7 000 tonnes during the IP, may be explained by the decrease in production during the same period. However, the export price was higher than the price that the Union industry was charging to its customers on the Union market. Hence, it was considered that the decrease in export volume cannot explain the level of injury suffered by the Union industry and in particular the significant drop in profitability during the IP. |
| --- | --- |

(143)

Although the analysis of injury and causation focused on the situation of the Union industry in the Union market, its export performance was examined as a potential other factor that may explain the injury found. The analysis showed that the export sales to unrelated parties made by the Union industry remained modest (around 3 %) during the period considered. The decrease in export sales volume, from around 18 000 tonnes in 2005 to around 7 000 tonnes during the IP, may be explained by the decrease in production during the same period. However, the export price was higher than the price that the Union industry was charging to its customers on the Union market. Hence, it was considered that the decrease in export volume cannot explain the level of injury suffered by the Union industry and in particular the significant drop in profitability during the IP.

7.3.5.   Imports from other third countries

Imports from other third countries

| (144) | The trends in import volumes and prices from other third countries between 2005 and the IP were as follows:

  Table 9











  Other third countries | 2005 | 2006 | 2007 | 2008 | IP |
| --- | --- | --- | --- | --- | --- | --- |
| Imports (tonnes) | 29 940 | 30 350 | 29 035 | 21 590 | 16 478 |
| Index | 100 | 101 | 97 | 72 | 55 |
| Market share | 13,5  % | 13,0  % | 10,9  % | 8,9  % | 8,0  % |
| Index | 100 | 96 | 81 | 66 | 59 |
| Price (EUR/tonne) | 2 635 | 2 700 | 2 584 | 2 606 | 2 585 |
| Index | 100 | 102 | 98 | 99 | 98 |
| Source: Eurostat. |

(144)

The trends in import volumes and prices from other third countries between 2005 and the IP were as follows:

Table 9

Table 9

Other third countries

2005

2006

2007

2008

IP

Imports (tonnes)

29 940

30 350

29 035

21 590

16 478

Index

Index

100

100

101

101

97

97

72

72

55

55

Market share

13,5  %

13,0  %

10,9  %

8,9  %

8,0  %

Index

Index

100

100

96

96

81

81

66

66

59

59

Price (EUR/tonne)

2 635

2 700

2 584

2 606

2 585

Index

Index

100

100

102

102

98

98

99

99

98

98

Source: Eurostat.

Source:

| (145) | The main other third countries exporting HTY to the Union are Switzerland, Belarus, Japan and Thailand. As shown in the above table, the combined import volume from these countries was rather low in relation to the Union consumption and decreased by 45 % over the period considered. The average import prices remained stable and relatively high during the IP. |
| --- | --- |

(145)

The main other third countries exporting HTY to the Union are Switzerland, Belarus, Japan and Thailand. As shown in the above table, the combined import volume from these countries was rather low in relation to the Union consumption and decreased by 45 % over the period considered. The average import prices remained stable and relatively high during the IP.

| (146) | On the basis of the above, it was provisionally concluded that the imports from these third countries did not contribute to the material injury suffered by the Union industry. |
| --- | --- |

(146)

On the basis of the above, it was provisionally concluded that the imports from these third countries did not contribute to the material injury suffered by the Union industry.

7.3.6.   Imports from Korea and Taiwan

Imports from Korea and Taiwan

| (147) | As regards the imports from Taiwan and Korea, as mentioned above, it was provisionally assessed that both the Taiwanese and Korean imports were not made at dumped prices during the IP. These imports are shown in tables 10 and 11 below:

  Table 10











  Total imports from Korea | 2005 | 2006 | 2007 | 2008 | IP |
| --- | --- | --- | --- | --- | --- | --- |
| Volumes (tonnes) | 17 542 | 20 701 | 27 521 | 24 908 | 24 580 |
| Index | 100 | 118 | 157 | 142 | 140 |
| Market share | 7,9  % | 8,8  % | 10,4  % | 10,3  % | 11,9  % |
| Index | 100 | 112 | 131 | 130 | 151 |
| Prices (EUR/tonne) | 2 105 | 1 958 | 1 912 | 1 911 | 1 780 |
| Index | 100 | 93 | 91 | 91 | 85 |
| Source: Eurostat. |

(147)

As regards the imports from Taiwan and Korea, as mentioned above, it was provisionally assessed that both the Taiwanese and Korean imports were not made at dumped prices during the IP. These imports are shown in tables 10 and 11 below:

Table 10

Table 10

Total imports from Korea

2005

2006

2007

2008

IP

Volumes (tonnes)

17 542

20 701

27 521

24 908

24 580

Index

Index

100

100

118

118

157

157

142

142

140

140

Market share

7,9  %

8,8  %

10,4  %

10,3  %

11,9  %

Index

Index

100

100

112

112

131

131

130

130

151

151

Prices (EUR/tonne)

2 105

1 958

1 912

1 911

1 780

Index

Index

100

100

93

93

91

91

91

91

85

85

Source: Eurostat.

Source:

| (148) | As can be seen in the above table, the import volumes from Korea followed by and large a trend similar to that of consumption during the period considered. Import volumes increased from 17 542 tonnes in 2005 to 24 580 tonnes in the IP. This lead to an increase in their market share from 7,9 % in 2005 to 11,9 % in the IP. It is however noteworthy that import volumes decreased substantially between 2007 and the end of the IP. |
| --- | --- |

(148)

As can be seen in the above table, the import volumes from Korea followed by and large a trend similar to that of consumption during the period considered. Import volumes increased from 17 542 tonnes in 2005 to 24 580 tonnes in the IP. This lead to an increase in their market share from 7,9 % in 2005 to 11,9 % in the IP. It is however noteworthy that import volumes decreased substantially between 2007 and the end of the IP.

| (149) | It is also noteworthy that, while the average import prices from Korea decreased by 15 % during the period considered, they remained higher than the average import prices from the PRC throughout the same period.

  Table 11











  Total imports from Taiwan | 2005 | 2006 | 2007 | 2008 | IP |
| --- | --- | --- | --- | --- | --- | --- |
| Volumes (tonnes) | 7 343 | 7 761 | 10 285 | 11 028 | 8 163 |
| Index | 100 | 106 | 140 | 150 | 111 |
| Market share | 3,3  % | 3,3  % | 3,9  % | 4,6  % | 4,0  % |
| Index | 100 | 100 | 117 | 138 | 119 |
| Prices (EUR/tonne) | 1 968 | 1 734 | 1 608 | 1 678 | 1 687 |
| Index | 100 | 88 | 82 | 85 | 86 |
| Source: Eurostat. |

(149)

It is also noteworthy that, while the average import prices from Korea decreased by 15 % during the period considered, they remained higher than the average import prices from the PRC throughout the same period.

Table 11

Table 11

Total imports from Taiwan

2005

2006

2007

2008

IP

Volumes (tonnes)

7 343

7 761

10 285

11 028

8 163

Index

Index

100

100

106

106

140

140

150

150

111

111

Market share

3,3  %

3,3  %

3,9  %

4,6  %

4,0  %

Index

Index

100

100

100

100

117

117

138

138

119

119

Prices (EUR/tonne)

1 968

1 734

1 608

1 678

1 687

Index

Index

100

100

88

88

82

82

85

85

86

86

Source: Eurostat.

Source:

| (150) | As regards the imports from Taiwan, they increased from 7 343 tonnes in 2005 to 8 163 tonnes in the IP, thus by 11 %. At the same time their market share slightly increased from 3,3 % in 2005 to 4 % in the IP. Like the Korean imports, the Taiwanese import volume decreased considerably between 2007 and the end of the IP. |
| --- | --- |

(150)

As regards the imports from Taiwan, they increased from 7 343 tonnes in 2005 to 8 163 tonnes in the IP, thus by 11 %. At the same time their market share slightly increased from 3,3 % in 2005 to 4 % in the IP. Like the Korean imports, the Taiwanese import volume decreased considerably between 2007 and the end of the IP.

| (151) | The average import prices from Taiwan went down by 14 % during the period considered but remained considerably higher than the import prices from the PRC during the same period. |
| --- | --- |

(151)

The average import prices from Taiwan went down by 14 % during the period considered but remained considerably higher than the import prices from the PRC during the same period.

| (152) | Based on the above, it cannot be ruled out that the imports from Korea and Taiwan may have contributed to some extent the injury suffered by the Union industry. However, import volumes and prices during the IP do not appear to be at a level such as to break the causal link established between the dumped imports from the PRC and the injury suffered by the Union industry. |
| --- | --- |

(152)

Based on the above, it cannot be ruled out that the imports from Korea and Taiwan may have contributed to some extent the injury suffered by the Union industry. However, import volumes and prices during the IP do not appear to be at a level such as to break the causal link established between the dumped imports from the PRC and the injury suffered by the Union industry.

7.3.7.   Other producers in the Union

Other producers in the Union

| (153) | The analysis of data pertaining to the Union market suggested that the other Union producers did not gain market share during the period considered. The investigation did not point to any particular problem concerning the competition between Union producers or to any trade distorting effects which may explain the material injury found for the Union industry. |
| --- | --- |

(153)

The analysis of data pertaining to the Union market suggested that the other Union producers did not gain market share during the period considered. The investigation did not point to any particular problem concerning the competition between Union producers or to any trade distorting effects which may explain the material injury found for the Union industry.

| (154) | Based on the above, it was provisionally concluded that the producers not included in the definition of the Union industry did not contribute to the injury suffered by the Union industry. |
| --- | --- |

(154)

Based on the above, it was provisionally concluded that the producers not included in the definition of the Union industry did not contribute to the injury suffered by the Union industry.

7.4.   Conclusion on causation

Conclusion on causation

| (155) | The above analysis demonstrated that there was a substantial increase in the volume and market share of the low-priced dumped imports originating in the PRC over the period considered. In addition, it was found that these imports were made at dumped prices which were below the prices charged by the Union industry on the Union market for similar product types. |
| --- | --- |

(155)

The above analysis demonstrated that there was a substantial increase in the volume and market share of the low-priced dumped imports originating in the PRC over the period considered. In addition, it was found that these imports were made at dumped prices which were below the prices charged by the Union industry on the Union market for similar product types.

| (156) | This increase in volume and market share of the low-priced dumped imports from the PRC coincided with an overall increase of the demand in the Union during the period between 2005 and 2007 but also with the negative development in the market share of the Union industry during the same period. Furthermore, between 2007 and the IP, when the demand in the Union market decreased, the Chinese exporters managed to increase their market share. At the same time a further negative development in the market share of the Union industry and in the main indicators of its economic situation was observed. Indeed, over the period considered the surge in the low-priced dumped imports from the PRC, which were constantly undercutting the prices of the Union industry, led to a drop in the Union industry’s profitability by more than 16 percentage points, resulting in heavy losses in the IP. |
| --- | --- |

(156)

This increase in volume and market share of the low-priced dumped imports from the PRC coincided with an overall increase of the demand in the Union during the period between 2005 and 2007 but also with the negative development in the market share of the Union industry during the same period. Furthermore, between 2007 and the IP, when the demand in the Union market decreased, the Chinese exporters managed to increase their market share. At the same time a further negative development in the market share of the Union industry and in the main indicators of its economic situation was observed. Indeed, over the period considered the surge in the low-priced dumped imports from the PRC, which were constantly undercutting the prices of the Union industry, led to a drop in the Union industry’s profitability by more than 16 percentage points, resulting in heavy losses in the IP.

| (157) | The examination of the other known factors which could have caused injury to the Union industry revealed that these factors do not appear to be such as to break the causal link established between the dumped imports from the PRC and the injury suffered by the Union industry. |
| --- | --- |

(157)

The examination of the other known factors which could have caused injury to the Union industry revealed that these factors do not appear to be such as to break the causal link established between the dumped imports from the PRC and the injury suffered by the Union industry.

| (158) | Based on the above analysis, which has properly distinguished and separated the effects of all known factors on the situation of the Union industry from the injurious effects of the dumped imports, it was provisionally concluded that the dumped imports from the PRC have caused material injury to the Union industry within the meaning of Article 3(6) of the basic Regulation. |
| --- | --- |

(158)

Based on the above analysis, which has properly distinguished and separated the effects of all known factors on the situation of the Union industry from the injurious effects of the dumped imports, it was provisionally concluded that the dumped imports from the PRC have caused material injury to the Union industry within the meaning of Article 3(6) of the basic Regulation.

8.   UNION INTEREST

UNION INTEREST

8.1.   Preliminary remark

Preliminary remark

| (159) | In accordance with Article 21 of the basic Regulation, it was examined whether, despite the provisional conclusion on injurious dumping, compelling reasons existed for concluding that it was not in the Union interest to adopt provisional anti-dumping measures in this particular case. The analysis of the Union interest was based on an appreciation of all the various interests involved, including those of the Union industry, importers and users of the product concerned. |
| --- | --- |

(159)

In accordance with Article 21 of the basic Regulation, it was examined whether, despite the provisional conclusion on injurious dumping, compelling reasons existed for concluding that it was not in the Union interest to adopt provisional anti-dumping measures in this particular case. The analysis of the Union interest was based on an appreciation of all the various interests involved, including those of the Union industry, importers and users of the product concerned.

8.2.   Union industry

Union industry

| (160) | The Union industry is composed of four producers located in different Member States of the Union, employing directly over 1 300 people related to the product concerned. |
| --- | --- |

(160)

The Union industry is composed of four producers located in different Member States of the Union, employing directly over 1 300 people related to the product concerned.

| (161) | The Union industry has suffered material injury caused by the dumped imports from the PRC. It is recalled that all injury indicators showed a negative trend during the period considered. In particular injury indicators related to the financial performance of the Union industry, such as cash flow, return on investments and profitability were seriously affected. In the absence of measures, a further deterioration in the Union industry’s economic situation appears very likely. |
| --- | --- |

(161)

The Union industry has suffered material injury caused by the dumped imports from the PRC. It is recalled that all injury indicators showed a negative trend during the period considered. In particular injury indicators related to the financial performance of the Union industry, such as cash flow, return on investments and profitability were seriously affected. In the absence of measures, a further deterioration in the Union industry’s economic situation appears very likely.

| (162) | It is expected that the imposition of provisional anti-dumping duties will restore effective trade conditions on the Union market, allowing the Union industry to align the prices of HTY to reflect the costs of the various components and the market conditions. It can be expected that the imposition of provisional measures would enable the Union industry to regain at least part of the market share lost during the period considered, with a further positive impact on its economic situation and profitability. |
| --- | --- |

(162)

It is expected that the imposition of provisional anti-dumping duties will restore effective trade conditions on the Union market, allowing the Union industry to align the prices of HTY to reflect the costs of the various components and the market conditions. It can be expected that the imposition of provisional measures would enable the Union industry to regain at least part of the market share lost during the period considered, with a further positive impact on its economic situation and profitability.

| (163) | It was therefore concluded that the imposition of provisional anti-dumping measures on imports of HTY originating in the PRC would be in the interest of the Union industry. |
| --- | --- |

(163)

It was therefore concluded that the imposition of provisional anti-dumping measures on imports of HTY originating in the PRC would be in the interest of the Union industry.

8.3.   Importers

Importers

| (164) | Questionnaires were sent to ten importers in the Union. Only two importers, located in Germany and Spain, representing 15,4 % and 0,2 % respectively of the total imports from the PRC, cooperated in the investigation. Regarding the first importer, the investigation showed that it imported only from the PRC and that almost its entire turnover related to the product concerned. In the worst case scenario an anti-dumping duty of 9 % would lead to a significant decrease in its profitability, and this company could become loss-making. It is considered however that it could pass at least part of the cost increase to its customers, given its strong market position amongst certain large users. In addition, it could revert to other sources of supply, at least in the longer term. As regards the second importer, the product concerned represented only a limited share of its total business (0-5 %) and any negative impact of the proposed measures is thus likely to be negligible. |
| --- | --- |

(164)

Questionnaires were sent to ten importers in the Union. Only two importers, located in Germany and Spain, representing 15,4 % and 0,2 % respectively of the total imports from the PRC, cooperated in the investigation. Regarding the first importer, the investigation showed that it imported only from the PRC and that almost its entire turnover related to the product concerned. In the worst case scenario an anti-dumping duty of 9 % would lead to a significant decrease in its profitability, and this company could become loss-making. It is considered however that it could pass at least part of the cost increase to its customers, given its strong market position amongst certain large users. In addition, it could revert to other sources of supply, at least in the longer term. As regards the second importer, the product concerned represented only a limited share of its total business (0-5 %) and any negative impact of the proposed measures is thus likely to be negligible.

| (165) | Based on the information available, it was concluded that although the imposition of provisional anti-dumping measures would negatively impact one of the above mentioned importers, this importer should be in a position to pass at least part of the cost increase to its customers and/or shift to other sources of supply. Therefore, the imposition of provisional measures should not have a significant negative impact overall on the importers. |
| --- | --- |

(165)

Based on the information available, it was concluded that although the imposition of provisional anti-dumping measures would negatively impact one of the above mentioned importers, this importer should be in a position to pass at least part of the cost increase to its customers and/or shift to other sources of supply. Therefore, the imposition of provisional measures should not have a significant negative impact overall on the importers.

8.4.   Users

Users

| (166) | Users of HTY have shown a strong interest in this case. Out of the 68 users contacted, 33 cooperated in the investigation. These cooperating users represented 25 % of the total imports from the PRC. These companies are located throughout the Union and are present in various industrial sectors, such as tyres and automotive applications, ropes and industrial applications. |
| --- | --- |

(166)

Users of HTY have shown a strong interest in this case. Out of the 68 users contacted, 33 cooperated in the investigation. These cooperating users represented 25 % of the total imports from the PRC. These companies are located throughout the Union and are present in various industrial sectors, such as tyres and automotive applications, ropes and industrial applications.

| (167) | For the sake of clarity and given that the imposition of provisional measures would impact users differently, depending on the sector where they operate, the impact of measures on users was analysed by grouping them into separate industrial sectors as described below. |
| --- | --- |

(167)

For the sake of clarity and given that the imposition of provisional measures would impact users differently, depending on the sector where they operate, the impact of measures on users was analysed by grouping them into separate industrial sectors as described below.

| (168) | As regards the users present in the tyres sector, four questionnaire replies were received from tyre manufacturers. According to the data provided by the tyre manufacturers, the share of the HTY in relation to the cost of production of a tyre was relatively limited, below 1 % on average, and the average profit related to the tyre manufacturing business amounted to around 2 %. None of the cooperating users were found to import the product concerned from the PRC. Hence, should provisional anti-dumping duties be imposed, it is considered that these users should not be affected by measures on imports from the PRC. In addition, should any users in this sector import from the PRC, a number of alternative sources of supply exists. |
| --- | --- |

(168)

As regards the users present in the tyres sector, four questionnaire replies were received from tyre manufacturers. According to the data provided by the tyre manufacturers, the share of the HTY in relation to the cost of production of a tyre was relatively limited, below 1 % on average, and the average profit related to the tyre manufacturing business amounted to around 2 %. None of the cooperating users were found to import the product concerned from the PRC. Hence, should provisional anti-dumping duties be imposed, it is considered that these users should not be affected by measures on imports from the PRC. In addition, should any users in this sector import from the PRC, a number of alternative sources of supply exists.

| (169) | Regarding the automotive sector (mainly producing seatbelts and airbags), six questionnaire replies were received from these users. These six companies represented 5 % of the total imports of HTY from the PRC in the IP. Overall, it was found that on average the products where HTY is used represented less than 4 % of the total turnover of these companies and that the average profit achieved in this business was around 3 %. Furthermore, it was found that the six companies purchased HTY mainly from the Union producers, while only 11 % of their purchases were imported from the PRC. Therefore, the imposition of provisional measures on imports from the PRC is unlikely to seriously affect the automotive sector overall since these companies were found to be profitable and the PRC was not the main source of supply. |
| --- | --- |

(169)

Regarding the automotive sector (mainly producing seatbelts and airbags), six questionnaire replies were received from these users. These six companies represented 5 % of the total imports of HTY from the PRC in the IP. Overall, it was found that on average the products where HTY is used represented less than 4 % of the total turnover of these companies and that the average profit achieved in this business was around 3 %. Furthermore, it was found that the six companies purchased HTY mainly from the Union producers, while only 11 % of their purchases were imported from the PRC. Therefore, the imposition of provisional measures on imports from the PRC is unlikely to seriously affect the automotive sector overall since these companies were found to be profitable and the PRC was not the main source of supply.

| (170) | Concerning the ropes manufactures, three questionnaire replies were received representing less than 1 % of the total imports from the PRC in the IP. The share of business using HTY was around 18 % of their total business and the average profit margin achieved in that business was around 8 % in the IP. On this basis, it was estimated that the imposition of provisional anti-dumping duties on imports from the PRC is likely to only slightly decrease their profit margin. The investigation also showed that the majority of the imports (66 %) were from the PRC during the IP while 20 % was originating in Korea. Therefore, should measures be imposed, this sector is unlikely to be seriously affected since the impact on the profit margin is limited and other sources of supply exist. |
| --- | --- |

(170)

Concerning the ropes manufactures, three questionnaire replies were received representing less than 1 % of the total imports from the PRC in the IP. The share of business using HTY was around 18 % of their total business and the average profit margin achieved in that business was around 8 % in the IP. On this basis, it was estimated that the imposition of provisional anti-dumping duties on imports from the PRC is likely to only slightly decrease their profit margin. The investigation also showed that the majority of the imports (66 %) were from the PRC during the IP while 20 % was originating in Korea. Therefore, should measures be imposed, this sector is unlikely to be seriously affected since the impact on the profit margin is limited and other sources of supply exist.

| (171) | Certain rope manufacturers have argued that since HTY is predominantly used within other sectors, such as the industrial sector and the car industry, the imposition of anti-dumping measures would lead to a lack of availability of the types of HTY used by the ropes manufacturers, since the Union producers would allegedly focus on the big markets first and supply the remaining sectors only if spare capacity existed. It should be noted however that other sources of supply, including the Union industry, Korea and Taiwan as well as other third countries which are not subject to measures, are available. Therefore, this claim was rejected. |
| --- | --- |

(171)

Certain rope manufacturers have argued that since HTY is predominantly used within other sectors, such as the industrial sector and the car industry, the imposition of anti-dumping measures would lead to a lack of availability of the types of HTY used by the ropes manufacturers, since the Union producers would allegedly focus on the big markets first and supply the remaining sectors only if spare capacity existed. It should be noted however that other sources of supply, including the Union industry, Korea and Taiwan as well as other third countries which are not subject to measures, are available. Therefore, this claim was rejected.

| (172) | Regarding the users present within the sector of industrial applications, such as roofing, belts, lashes and industrial textiles, in total 19 questionnaire replies were received. These users represented 19 % of the total imports from the PRC during the IP. Based on the information available for this sector, the share of the business where HTY are used is 64 % of the total business and the average profit achieved within this business was 13 %. The impact of anti-dumping duties is likely to only slightly decrease the average profit margin achieved in this sector. The investigation also showed that these users mainly purchased from Union producers and from the PRC. Therefore, the imposition of measures on imports from the PRC should not have a significant negative impact on this sector considering the limited impact to the profit margin and the existence of other sources of supply. |
| --- | --- |

(172)

Regarding the users present within the sector of industrial applications, such as roofing, belts, lashes and industrial textiles, in total 19 questionnaire replies were received. These users represented 19 % of the total imports from the PRC during the IP. Based on the information available for this sector, the share of the business where HTY are used is 64 % of the total business and the average profit achieved within this business was 13 %. The impact of anti-dumping duties is likely to only slightly decrease the average profit margin achieved in this sector. The investigation also showed that these users mainly purchased from Union producers and from the PRC. Therefore, the imposition of measures on imports from the PRC should not have a significant negative impact on this sector considering the limited impact to the profit margin and the existence of other sources of supply.

| (173) | Some users argued that if anti-dumping measures were imposed, this would negatively impact them in two ways. They claimed that not only would there be a lack of alternative sources available, but that also the countries concerned would shift their exports from the product concerned to products in the downstream market. |
| --- | --- |

(173)

Some users argued that if anti-dumping measures were imposed, this would negatively impact them in two ways. They claimed that not only would there be a lack of alternative sources available, but that also the countries concerned would shift their exports from the product concerned to products in the downstream market.

| (174) | As regards the claim that there will be no alternative sources available, it is firstly noted that no provisional measures will be imposed against imports from Korea and Taiwan. Moreover, as mentioned in recital 171 other sources of supply from other third countries not subject to measures are available. Secondly, regarding the supply by the Union industry, the investigation did point to some shortcomings in the supply by some Union producers to certain users. However, the analysis did not show any evidence that these shortcomings would have occurred regularly. Based on the above, and in particular due to the existence of other available sources of supply, this claim was rejected. |
| --- | --- |

(174)

As regards the claim that there will be no alternative sources available, it is firstly noted that no provisional measures will be imposed against imports from Korea and Taiwan. Moreover, as mentioned in recital 171 other sources of supply from other third countries not subject to measures are available. Secondly, regarding the supply by the Union industry, the investigation did point to some shortcomings in the supply by some Union producers to certain users. However, the analysis did not show any evidence that these shortcomings would have occurred regularly. Based on the above, and in particular due to the existence of other available sources of supply, this claim was rejected.

| (175) | As regards the claim that HTY producers in the countries concerned would shift their exports to the downstream market, it should be noted that provisional measures will not be imposed against imports from Korea and Taiwan. Therefore, even if the Chinese exporters shift some of their exports to the downstream market, it is considered that the users of HTY should be able to remain competitive because they would be still able to source HTY from other suppliers which are not subject to measures. Therefore, this claim was rejected. |
| --- | --- |

(175)

As regards the claim that HTY producers in the countries concerned would shift their exports to the downstream market, it should be noted that provisional measures will not be imposed against imports from Korea and Taiwan. Therefore, even if the Chinese exporters shift some of their exports to the downstream market, it is considered that the users of HTY should be able to remain competitive because they would be still able to source HTY from other suppliers which are not subject to measures. Therefore, this claim was rejected.

| (176) | Taken the above into consideration, even if some of the users are likely to be negatively impacted by the measures on imports from the PRC, the impact on the users in the various industrial sectors appears to be limited overall. Therefore, it was provisionally concluded that, on the basis of the information available, the effect of the anti-dumping measures against imports of HTY originating in the PRC will most likely not have a significant negative impact on the users of the product concerned. |
| --- | --- |

(176)

Taken the above into consideration, even if some of the users are likely to be negatively impacted by the measures on imports from the PRC, the impact on the users in the various industrial sectors appears to be limited overall. Therefore, it was provisionally concluded that, on the basis of the information available, the effect of the anti-dumping measures against imports of HTY originating in the PRC will most likely not have a significant negative impact on the users of the product concerned.

8.5.   Conclusion on Union interest

Conclusion on Union interest

| (177) | In view of the above, it was provisionally concluded that overall, based on the information available concerning the Union interest, there are no compelling reasons against the imposition of provisional measures on imports of HTY originating in the PRC. |
| --- | --- |

(177)

In view of the above, it was provisionally concluded that overall, based on the information available concerning the Union interest, there are no compelling reasons against the imposition of provisional measures on imports of HTY originating in the PRC.

9.   NON-IMPOSITION OF DUTIES

NON-IMPOSITION OF DUTIES

| (178) | In the light of the findings that the countrywide weighted average dumping margins for imports originating in Korea and Taiwan are de minimis, no provisional anti-dumping duties as regards imports originating in these countries are imposed. |
| --- | --- |

(178)

In the light of the findings that the countrywide weighted average dumping margins for imports originating in Korea and Taiwan are de minimis, no provisional anti-dumping duties as regards imports originating in these countries are imposed.

de minimis

10.   PROPOSAL FOR PROVISIONAL ANTI-DUMPING MEASURES

PROPOSAL FOR PROVISIONAL ANTI-DUMPING MEASURES

10.1.   Injury elimination level

Injury elimination level

| (179) | In view of the conclusions reached with regard to dumping, injury, causation and Union interest, provisional anti-dumping measures should be imposed in order to prevent further injury being caused to the Union industry by the dumped imports. |
| --- | --- |

(179)

In view of the conclusions reached with regard to dumping, injury, causation and Union interest, provisional anti-dumping measures should be imposed in order to prevent further injury being caused to the Union industry by the dumped imports.

| (180) | For the purpose of determining the level of these measures, account was taken of the dumping margins found and the amount of duty necessary to eliminate the injury sustained by the Union industry. |
| --- | --- |

(180)

For the purpose of determining the level of these measures, account was taken of the dumping margins found and the amount of duty necessary to eliminate the injury sustained by the Union industry.

| (181) | When calculating the amount of duty necessary to remove the effects of the injurious dumping, it was considered that any measures should allow the Union industry to cover its costs of production and to obtain a profit before tax that could be reasonably achieved by an industry of this type in the sector under normal conditions of competition, i.e. in the absence of dumped imports, on sales of the like product in the Union. It is considered that the profit that could be achieved in the absence of dumped imports should be based on the year 2005 which is the only year where profits were achieved by the Union industry and when Chinese imports were less present on the Union market. It is thus considered that a profit margin of 3 % of turnover could be regarded as an appropriate minimum which the Union industry could have expected to obtain in the absence of injurious dumping. |
| --- | --- |

(181)

When calculating the amount of duty necessary to remove the effects of the injurious dumping, it was considered that any measures should allow the Union industry to cover its costs of production and to obtain a profit before tax that could be reasonably achieved by an industry of this type in the sector under normal conditions of competition, i.e. in the absence of dumped imports, on sales of the like product in the Union. It is considered that the profit that could be achieved in the absence of dumped imports should be based on the year 2005 which is the only year where profits were achieved by the Union industry and when Chinese imports were less present on the Union market. It is thus considered that a profit margin of 3 % of turnover could be regarded as an appropriate minimum which the Union industry could have expected to obtain in the absence of injurious dumping.

| (182) | On this basis, a non-injurious price was calculated for the Union industry for the like product. The non-injurious price was obtained by adding the abovementioned profit margin of 3 % to the cost of production. |
| --- | --- |

(182)

On this basis, a non-injurious price was calculated for the Union industry for the like product. The non-injurious price was obtained by adding the abovementioned profit margin of 3 % to the cost of production.

| (183) | The necessary price increase was then determined on the basis of a comparison, per product type, of the weighted average import price of the sampled exporting producers in the PRC, with the non-injurious price of the product types sold by the Union industry on the Union market during the IP. Any difference resulting from this comparison was then expressed as a percentage of the average CIF import value of the compared types. |
| --- | --- |

(183)

The necessary price increase was then determined on the basis of a comparison, per product type, of the weighted average import price of the sampled exporting producers in the PRC, with the non-injurious price of the product types sold by the Union industry on the Union market during the IP. Any difference resulting from this comparison was then expressed as a percentage of the average CIF import value of the compared types.

10.2.   Provisional measures

Provisional measures

| (184) | In the light of the foregoing, it is considered that, in accordance with Article 7(2) of the basic Regulation, provisional anti-dumping measures should be imposed in respect of imports originating in the PRC at the level of the lower of the dumping and the injury margins, in accordance with the lesser duty rule. |
| --- | --- |

(184)

In the light of the foregoing, it is considered that, in accordance with Article 7(2) of the basic Regulation, provisional anti-dumping measures should be imposed in respect of imports originating in the PRC at the level of the lower of the dumping and the injury margins, in accordance with the lesser duty rule.

| (185) | The individual company anti-dumping duty rates specified in this Regulation were established on the basis of the findings of the present investigation. Therefore, they reflect the situation found during that investigation with respect to these companies. These duty rates (as opposed to the countrywide duty applicable to ‘all other companies’) are thus exclusively applicable to imports of products originating in the People’s Republic of China and produced by the companies and thus by the specific legal entities mentioned. Imported products produced 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’. |
| --- | --- |

(185)

The individual company anti-dumping duty rates specified in this Regulation were established on the basis of the findings of the present investigation. Therefore, they reflect the situation found during that investigation with respect to these companies. These duty rates (as opposed to the countrywide duty applicable to ‘all other companies’) are thus exclusively applicable to imports of products originating in the People’s Republic of China and produced by the companies and thus by the specific legal entities mentioned. Imported products produced 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’.

| (186) | Any claim requesting the application of these individual company 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 (3) forthwith with all relevant information, in particular any modification in the company’s activities linked to production, domestic and export sales associated with, for example, that name change or that change in the production and sales entities. If appropriate, the Regulation will accordingly be amended by updating the list of companies benefiting from individual duty rates. |
| --- | --- |

(186)

Any claim requesting the application of these individual company 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 (3) forthwith with all relevant information, in particular any modification in the company’s activities linked to production, domestic and export sales associated with, for example, that name change or that change in the production and sales entities. If appropriate, the Regulation will accordingly be amended by updating the list of companies benefiting from individual duty rates.

3

| (187) | In order to ensure a proper enforcement of the anti-dumping duty, the residual duty level should not only apply to the non-cooperating exporting producers but also to those producers which did not have any exports to the Union during the IP. |
| --- | --- |

(187)

In order to ensure a proper enforcement of the anti-dumping duty, the residual duty level should not only apply to the non-cooperating exporting producers but also to those producers which did not have any exports to the Union during the IP.

| (188) | The dumping and injury margins established are as follows:







  Company | Dumping margin | Injury margin |
| --- | --- | --- | --- |
| Zhejiang Guxiandao Industrial Fibre Co., Ltd | 9,3  % | 57,1  % |
| Zhejiang Uniful Industrial Fibre Co., Ltd | 7,7  % | 57,6  % |
| Zhejiang Hailide New Material Co., Ltd | 0 | N/A |
| Cooperating non-sampled companies | 8,9  % | 57,3  % |
| All other companies | 9,3  % | 57,6  % |

(188)

The dumping and injury margins established are as follows:

Company

Dumping margin

Injury margin

Zhejiang Guxiandao Industrial Fibre Co., Ltd

9,3  %

57,1  %

Zhejiang Uniful Industrial Fibre Co., Ltd

7,7  %

57,6  %

Zhejiang Hailide New Material Co., Ltd

0

N/A

Cooperating non-sampled companies

8,9  %

57,3  %

All other companies

9,3  %

57,6  %

11.   DISCLOSURE

DISCLOSURE

| (189) | The above provisional findings will be disclosed to all interested parties which will be invited to make their views known in writing and request a hearing. Their comments will be analysed and taken into consideration where warranted before any definitive determinations are made. Furthermore, it should be stated that the findings concerning the imposition of anti-dumping duties made for the purposes of this Regulation are provisional and may have to be reconsidered for the purposes of any definitive findings, |
| --- | --- |

(189)

The above provisional findings will be disclosed to all interested parties which will be invited to make their views known in writing and request a hearing. Their comments will be analysed and taken into consideration where warranted before any definitive determinations are made. Furthermore, it should be stated that the findings concerning the imposition of anti-dumping duties made for the purposes of this Regulation are provisional and may have to be reconsidered for the purposes of any definitive findings,

HAS ADOPTED THIS REGULATION:

Article 1

1.   A provisional anti-dumping duty is hereby imposed on imports of high tenacity yarn of polyesters (other than sewing thread), not put up for retail sale, including monofilament of less than 67 decitex originating in the People’s Republic of China, currently falling within CN code 5402 20 00.

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

| Company | Duty (%) | TARIC additional code |
| --- | --- | --- |
| Zhejiang Guxiandao Industrial Fibre Co., Ltd | 9,3 | A974 |
| Zhejiang Unifull Industrial Fibre Co., Ltd | 7,7 | A975 |
| Zhejiang Hailide New Material Co., Ltd | 0 | A976 |
| Companies listed in the Annex | 8,9 | A977 |
| All other companies | 9,3 | A999 |

Company

Duty (%)

TARIC additional code

Zhejiang Guxiandao Industrial Fibre Co., Ltd

9,3

A974

Zhejiang Unifull Industrial Fibre Co., Ltd

7,7

A975

Zhejiang Hailide New Material Co., Ltd

0

A976

Companies listed in the Annex

8,9

A977

All other companies

9,3

A999

3.   The release for free circulation in the Union of the product referred to in paragraph 1 shall be subject to the provision of a security equivalent to the amount of the provisional duty.

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

Article 2

1.   Without prejudice to Article 20 of Regulation (EC) No 1225/2009, interested parties may request disclosure of the essential facts and considerations on the basis of which this Regulation was adopted, make their views known in writing and apply to be heard orally by the Commission within 1 month of the date of entry into force of this Regulation.

2.   Pursuant to Article 21(4) of Regulation (EC) No 1225/2009, the parties concerned may comment on the application of this Regulation within 1 month of the date of its entry into force.

Article 3

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

Article 1 of this Regulation shall apply for a period of 6 months.

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

Done at Brussels, 1 June 2010.

For the Commission

The President

José Manuel BARROSO

---

(1)  
  OJ L 343, 22.12.2009, p. 51.

1

(2)  
  OJ C 213, 8.9.2009, p. 16.

2

(3)  
  European Commission, Directorate-General for Trade, Directorate H, 1049 Brussels, Belgium.

3

---

ANNEX

CHINESE COOPERATING EXPORTING PRODUCERS NOT SAMPLED

TARIC Additional Code A977

| Company name | City |
| --- | --- |
| Hangzhou Huachun Chemical Fiber Co., Ltd | Hangzhou |
| Heilongjiang Longdi Co., Ltd | Harbin |
| Hyosung Chemical Fiber (Jiaxing) Co., Ltd | Jiaxing |
| Oriental Industies (Suzhou) Ltd | Suzhou |
| Shanghai Wenlong Chemical Fiber Co., Ltd | Shanghai |
| Shaoxing Haifu Chemistry Fibre Co., Ltd | Shaoxing |
| Sinopec Shanghai Petrochemical Company | Shanghai |
| Wuxi Taiji Industry Co., Ltd | Wuxi |

Company name

City

Hangzhou Huachun Chemical Fiber Co., Ltd

Hangzhou

Heilongjiang Longdi Co., Ltd

Harbin

Hyosung Chemical Fiber (Jiaxing) Co., Ltd

Jiaxing

Oriental Industies (Suzhou) Ltd

Suzhou

Shanghai Wenlong Chemical Fiber Co., Ltd

Shanghai

Shaoxing Haifu Chemistry Fibre Co., Ltd

Shaoxing

Sinopec Shanghai Petrochemical Company

Shanghai

Wuxi Taiji Industry Co., Ltd

Wuxi

---

| 2.6.2010 | EN | Official Journal of the European Union | L 135/26 |
| --- | --- | --- | --- |

2.6.2010

EN

Official Journal of the European Union

L 135/26

---

COMMISSION REGULATION (EU) No 479/2010

of 1 June 2010

laying down rules for the implementation of Council Regulation (EC) No 1234/2007 as regards Member States’ notifications to the Commission in the milk and milk products sector

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 192(2) in conjunction with Article 4 thereof,

Whereas:

| (1) | Article 192(1) of Regulation (EC) No 1234/2007 provides for the exchange between the Member States and the Commission of any information necessary for the application of that Regulation. Commission Regulation (EC) No 562/2005 (2) lays down rules for the implementation of Council Regulation (EC) No 1255/1999 (3) as regards communications between the Member States and the Commission in the milk and milk products sector. |
| --- | --- |

(1)

Article 192(1) of Regulation (EC) No 1234/2007 provides for the exchange between the Member States and the Commission of any information necessary for the application of that Regulation. Commission Regulation (EC) No 562/2005 (2) lays down rules for the implementation of Council Regulation (EC) No 1255/1999 (3) as regards communications between the Member States and the Commission in the milk and milk products sector.

| (2) | Since Regulation (EC) No 562/2005 has already been amended and some further amendments are needed, notably to update references to other Regulations, it is appropriate, for reasons of clarity, to repeal Regulation (EC) No 562/2005 and to replace it by a new Regulation. |
| --- | --- |

(2)

Since Regulation (EC) No 562/2005 has already been amended and some further amendments are needed, notably to update references to other Regulations, it is appropriate, for reasons of clarity, to repeal Regulation (EC) No 562/2005 and to replace it by a new Regulation.

| (3) | Export refunds and the aid for skimmed milk processed into casein can be fixed only on the basis of information on changes in prices both in the internal market and in international trade. |
| --- | --- |

(3)

Export refunds and the aid for skimmed milk processed into casein can be fixed only on the basis of information on changes in prices both in the internal market and in international trade.

| (4) | It is necessary to be able to compare price quotations for products, particularly for the purposes of calculating refunds and aid amounts. It is also necessary to enhance the reliability of those price quotations by weighting the data. |
| --- | --- |

(4)

It is necessary to be able to compare price quotations for products, particularly for the purposes of calculating refunds and aid amounts. It is also necessary to enhance the reliability of those price quotations by weighting the data.

| (5) | In order to simplify and alleviate the administrative burden of the national authorities, notifications of prices every week should be limited to products for which the information is necessary for the close monitoring of the dairy market. Notifications every month should be provided for other products while notifications for products for which the information is not essential should be abolished. |
| --- | --- |

(5)

In order to simplify and alleviate the administrative burden of the national authorities, notifications of prices every week should be limited to products for which the information is necessary for the close monitoring of the dairy market. Notifications every month should be provided for other products while notifications for products for which the information is not essential should be abolished.

| (6) | The notification of the prices for products produced by less than three producers per Member State should be marked as confidential and should be used only by the Commission and should not be disclosed elsewhere. |
| --- | --- |

(6)

The notification of the prices for products produced by less than three producers per Member State should be marked as confidential and should be used only by the Commission and should not be disclosed elsewhere.

| (7) | For the better surveillance of the dairy market, the information on imports of products for which import licence is required, is essential. In accordance with Article 2 of Commission Regulation (EC) No 2535/2001 of 14 December 2001 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the import arrangements for milk and milk products and opening tariff quotas (4), import licences are from 1 July 2008 required only for preferential imports. |
| --- | --- |

(7)

For the better surveillance of the dairy market, the information on imports of products for which import licence is required, is essential. In accordance with Article 2 of Commission Regulation (EC) No 2535/2001 of 14 December 2001 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the import arrangements for milk and milk products and opening tariff quotas (4), import licences are from 1 July 2008 required only for preferential imports.

| (8) | Article 11(1)(b) and (c) of Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (5) provides for notifications to the Commission of the quantities covered by import licences issued and the quantities covered by unused or partly used import licences under import tariff quotas. Those horizontal provisions relate to the same information as that covered so far by Article 7(1) and (6) of Regulation (EC) No 562/2005. The obligation to notify that information should therefore not be included in the new Regulation. |
| --- | --- |

(8)

Article 11(1)(b) and (c) of Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (5) provides for notifications to the Commission of the quantities covered by import licences issued and the quantities covered by unused or partly used import licences under import tariff quotas. Those horizontal provisions relate to the same information as that covered so far by Article 7(1) and (6) of Regulation (EC) No 562/2005. The obligation to notify that information should therefore not be included in the new Regulation.

| (9) | Article 1(2)(a)(i) of Commission Regulation (EC) No 376/2008 of 23 April 2008 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (6) provides for the cases and the products for which the presentation of an import licence is required. Part K of Annex II to that Regulation sets out a list of the dairy products imported under preferential conditions, other than tariff quotas, and submitted to an import licence. For those products, notifications should be made to the Commission. |
| --- | --- |

(9)

Article 1(2)(a)(i) of Commission Regulation (EC) No 376/2008 of 23 April 2008 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (6) provides for the cases and the products for which the presentation of an import licence is required. Part K of Annex II to that Regulation sets out a list of the dairy products imported under preferential conditions, other than tariff quotas, and submitted to an import licence. For those products, notifications should be made to the Commission.

| (10) | Chapter III of Title 2 of Regulation (EC) No 2535/2001 provides for certain import quotas to be administered by means of inward-monitoring arrangement IMA 1 certificates issued by the authorities of third countries. The Member States inform the Commission of the quantity of products for which import licences are issued on the basis of IMA 1 certificates. Experience has shown that such notification is not always sufficient to allow such imports to be monitored closely at every stage. Provision should be laid down for the notification of additional information. |
| --- | --- |

(10)

Chapter III of Title 2 of Regulation (EC) No 2535/2001 provides for certain import quotas to be administered by means of inward-monitoring arrangement IMA 1 certificates issued by the authorities of third countries. The Member States inform the Commission of the quantity of products for which import licences are issued on the basis of IMA 1 certificates. Experience has shown that such notification is not always sufficient to allow such imports to be monitored closely at every stage. Provision should be laid down for the notification of additional information.

| (11) | The accurate and regular monitoring of trade flows to assess the effect of refunds requires information on exports of products for which refunds are fixed, particularly the quantities awarded under tendering procedures. |
| --- | --- |

(11)

The accurate and regular monitoring of trade flows to assess the effect of refunds requires information on exports of products for which refunds are fixed, particularly the quantities awarded under tendering procedures.

| (12) | The implementation of the Agreement on Agriculture concluded under the Uruguay Round of multilateral trade negotiations (hereinafter referred to as ‘the Agreement on Agriculture’), approved by Council Decision 94/800/EC (7) requires a wide range of detailed information to be provided on imports and exports, in particular with regard to licence applications and the way licences are used, in order to ensure compliance with undertakings under the Agreement on Agriculture. Rapid information on export trends is needed in order to make maximum use of those undertakings. |
| --- | --- |

(12)

The implementation of the Agreement on Agriculture concluded under the Uruguay Round of multilateral trade negotiations (hereinafter referred to as ‘the Agreement on Agriculture’), approved by Council Decision 94/800/EC (7) requires a wide range of detailed information to be provided on imports and exports, in particular with regard to licence applications and the way licences are used, in order to ensure compliance with undertakings under the Agreement on Agriculture. Rapid information on export trends is needed in order to make maximum use of those undertakings.

| (13) | Commission Regulation (EC) No 1187/2009 of 27 November 2009 laying down special detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards export licences and export refunds for milk and milk products (8) lays down special rules for the export of certain milk products to Canada, the United States and the Dominican Republic. Provision should be made for the relevant information to be notified. |
| --- | --- |

(13)

Commission Regulation (EC) No 1187/2009 of 27 November 2009 laying down special detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards export licences and export refunds for milk and milk products (8) lays down special rules for the export of certain milk products to Canada, the United States and the Dominican Republic. Provision should be made for the relevant information to be notified.

| (14) | Regulation (EC) No 1187/2009 introduces specific arrangements for the grant of refunds on ingredients of EU origin in processed cheese manufactured under the inward processing arrangements. Provision should be made for the notification of the relevant information. |
| --- | --- |

(14)

Regulation (EC) No 1187/2009 introduces specific arrangements for the grant of refunds on ingredients of EU origin in processed cheese manufactured under the inward processing arrangements. Provision should be made for the notification of the relevant information.

| (15) | Experience gained over the years in processing the information received by the Commission has shown that the frequency of some notifications might be reduced without loosing essential information. |
| --- | --- |

(15)

Experience gained over the years in processing the information received by the Commission has shown that the frequency of some notifications might be reduced without loosing essential information.

| (16) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets, |
| --- | --- |

(16)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

HAS ADOPTED THIS REGULATION:

CHAPTER I

MEASURES RELATING TO AID FOR SKIMMED MILK AND SKIMMED-MILK POWDER

Article 1

1.   In the case of aid granted under Article 99(1) of Regulation (EC) No 1234/2007 for skimmed milk and skimmed-milk powder used in feeding stuffs, Member States shall notify to the Commission not later than the 20th of each month for the previous month the following information:

| (a) | the quantities of skimmed milk used in the manufacture of compound feeding stuffs covered by aid applications submitted during the month concerned; |
| --- | --- |

(a)

the quantities of skimmed milk used in the manufacture of compound feeding stuffs covered by aid applications submitted during the month concerned;

| (b) | the quantities of denatured skimmed-milk powder covered by aid applications submitted during the month concerned; |
| --- | --- |

(b)

the quantities of denatured skimmed-milk powder covered by aid applications submitted during the month concerned;

| (c) | the quantities of skimmed-milk powder used in the manufacture of compound feeding stuffs covered by aid applications submitted during the month concerned. |
| --- | --- |

(c)

the quantities of skimmed-milk powder used in the manufacture of compound feeding stuffs covered by aid applications submitted during the month concerned.

2.   In the case of aid granted under Article 100 of Regulation (EC) No 1234/2007 for skimmed milk processed into casein and caseinates, Member States shall notify to the Commission, not later than the 20th of each month the quantities of skimmed milk covered by aid applications submitted during the previous month. Such quantities shall be broken down according to the quality of the casein or caseinates produced.

CHAPTER II

PRICES

Article 2

1.   Not later than each Wednesday 12 a.m. (Brussels time), and in respect of ex-factory prices recorded in the previous week for the products listed in Annex I.A, Member States shall notify to the Commission:

| (a) | prices for each of the products referred to in points 1 to 6, where the national production represents 1 % or more of the EU production; |
| --- | --- |

(a)

prices for each of the products referred to in points 1 to 6, where the national production represents 1 % or more of the EU production;

| (b) | prices for cheeses representing 4 % or more of the total national cheese production. |
| --- | --- |

(b)

prices for cheeses representing 4 % or more of the total national cheese production.

The national and EU production of butter referred to in points 4 and 5 of Annex I.A to be taken into account for the purposes of the first subparagraph, point (a), shall be the total production for both products referred to in those points.

2.   Not later than the 10th of each month and in respect of ex-factory prices recorded in the previous month for the products listed in Annex I.B, Member States shall notify to the Commission:

| (a) | prices for each product, other than cheeses, where the national production represents 2 % or more of the EU production; |
| --- | --- |

(a)

prices for each product, other than cheeses, where the national production represents 2 % or more of the EU production;

| (b) | prices for cheeses, by type, other than those referred to in paragraph 1(b), representing 8 % or more of the total national cheese production. |
| --- | --- |

(b)

prices for cheeses, by type, other than those referred to in paragraph 1(b), representing 8 % or more of the total national cheese production.

3.   Member States shall notify to the Commission as soon as possible but no later than the end of the month:

| (a) | the price of raw milk, at real fat and protein content, paid to milk producers in their territory, for deliveries in the preceding month; |
| --- | --- |

(a)

the price of raw milk, at real fat and protein content, paid to milk producers in their territory, for deliveries in the preceding month;

| (b) | the estimated price for deliveries in the running month, if available. |
| --- | --- |

(b)

the estimated price for deliveries in the running month, if available.

4.   For the purpose of this Article, ‘ex-factory price’ means the price at which the product is purchased from the enterprise, excluding taxes (VAT) and any other cost (transport, loading, handling, storage, pallets, insurance, etc.). The price shall refer to the sales that have been invoiced in the reference period.

Article 3

1.   The prices notified in accordance with Article 2 shall be expressed as weighted averages, in national currency per 100 kg.

2.   Member States shall take the necessary steps to ensure that the notified information on the prices is representative, accurate and complete. To this end, the Member States shall submit to the Commission, by 15 August 2010, a report on the basis of the model set out in Annex II. A new report shall be submitted each time where an element of the previous report needs to be updated.

3.   The Member States shall take the measures necessary to ensure that the economic operators concerned provide them with the information required within the relevant time limits.

4.   Before 15 August 2010, the Member States shall transmit to the Commission the following information using the models set out in the Annexes I.A and I.B:

| (a) | where a price to be notified relates to a product produced by less than three producers in a Member State, the word ‘confidential’ shall appear in the column ‘remarks’ of the Annexes I.A and I.B. Such information shall be considered confidential and shall be used only for aggregate purposes; |
| --- | --- |

(a)

where a price to be notified relates to a product produced by less than three producers in a Member State, the word ‘confidential’ shall appear in the column ‘remarks’ of the Annexes I.A and I.B. Such information shall be considered confidential and shall be used only for aggregate purposes;

| (b) | for the cheeses, the representative packing unit for which the price is reported; |
| --- | --- |

(b)

for the cheeses, the representative packing unit for which the price is reported;

| (c) | for the products other than cheeses, where a price corresponds to a different packing unit of the product than the one shown in the column ‘representative packing unit’, the actual packing unit of the product for which the price is reported shall appear in the column ‘remarks’ of the Annexes I.A and I.B. |
| --- | --- |

(c)

for the products other than cheeses, where a price corresponds to a different packing unit of the product than the one shown in the column ‘representative packing unit’, the actual packing unit of the product for which the price is reported shall appear in the column ‘remarks’ of the Annexes I.A and I.B.

Member States shall inform the Commission each time where one of the elements referred to in the first subparagraph points (a), (b) and (c) needs to be updated.

CHAPTER III

TRADE

SECTION 1

Imports

Article 4

Member States shall notify to the Commission, not later than the 10th of each month for the previous month, the quantities of milk and milk products imported under preferential conditions other than tariff quotas, as referred to in Part K of Part I of Annex II to Regulation (EC) No 376/2008 for which import licences have been issued, broken down by CN code and by country of origin code.

The notifications shall include nil returns.

Article 5

By 31 March at the latest in respect of the previous year, Member States shall notify to the Commission the following data, broken down by CN code, concerning the import licences issued on presentation of an IMA 1 certificate, in accordance with Title 2, Chapter III, Section 1 of Regulation (EC) No 2535/2001, specifying the IMA 1 certificate numbers:

| (a) | the quantity of products covered by the certificate and the date of issue of the import licences; |
| --- | --- |

(a)

the quantity of products covered by the certificate and the date of issue of the import licences;

| (b) | the quantity of products in respect of which the security has been released. |
| --- | --- |

(b)

the quantity of products in respect of which the security has been released.

The notifications shall include nil returns.

SECTION 2

Exports

Article 6

1.   Member States shall notify to the Commission, by 6 p.m. on each working day, the following information:

| (a) | the quantities, broken down by code of the export refund nomenclature for milk products and by destination code, covered by applications submitted that day for licences:






  (i) | as referred to in Article 1(2)(b)(ii) of Regulation (EC) No 376/2008, with the exception of those referred to in Articles 15 and 29 of Regulation (EC) No 1187/2009; |
| --- | --- | --- |

(a)

the quantities, broken down by code of the export refund nomenclature for milk products and by destination code, covered by applications submitted that day for licences:

(i)

as referred to in Article 1(2)(b)(ii) of Regulation (EC) No 376/2008, with the exception of those referred to in Articles 15 and 29 of Regulation (EC) No 1187/2009;

| (ii) | as referred to in Article 15 of Regulation (EC) No 1187/2009; |
| --- | --- |

(ii)

as referred to in Article 15 of Regulation (EC) No 1187/2009;

| (b) | where appropriate, that no applications have been submitted on that day, except of the case where no refund or 0 rate refund is fixed for any of the products referred to in Part 9 of Annex I to Commission Regulation (EEC) No 3846/87 (9); |
| --- | --- |

(b)

where appropriate, that no applications have been submitted on that day, except of the case where no refund or 0 rate refund is fixed for any of the products referred to in Part 9 of Annex I to Commission Regulation (EEC) No 3846/87 (9);

| (c) | the quantities, broken down by application and by code of the export refund nomenclature for milk products and by destination code, covered by applications submitted on that day for provisional licences referred to in Article 8 of Regulation (EC) No 1187/2009, indicating:






  (i) | the closing date for submitting tenders, accompanied by a copy of the document confirming the invitation to tender for the quantities applied for; |
| --- | --- | --- |

(c)

the quantities, broken down by application and by code of the export refund nomenclature for milk products and by destination code, covered by applications submitted on that day for provisional licences referred to in Article 8 of Regulation (EC) No 1187/2009, indicating:

(i)

the closing date for submitting tenders, accompanied by a copy of the document confirming the invitation to tender for the quantities applied for;

| (ii) | the quantity of products covered by the invitation to tender; |
| --- | --- |

(ii)

the quantity of products covered by the invitation to tender;

| (d) | the quantities, broken down by code of the export refund nomenclature for milk products and by destination code, for which the provisional licences referred to in Article 8 of Regulation (EC) No 1187/2009 were definitively issued or cancelled that day, the date of the provisional licence and the quantity it covers; |
| --- | --- |

(d)

the quantities, broken down by code of the export refund nomenclature for milk products and by destination code, for which the provisional licences referred to in Article 8 of Regulation (EC) No 1187/2009 were definitively issued or cancelled that day, the date of the provisional licence and the quantity it covers;

| (e) | where appropriate, the revised quantity of products covered by the invitation to tender referred to in point (c) of this paragraph; |
| --- | --- |

(e)

where appropriate, the revised quantity of products covered by the invitation to tender referred to in point (c) of this paragraph;

| (f) | the quantities, broken down by code of the export refund nomenclature for milk products, covered by licences with a refund issued under Article 32(1) of Regulation (EC) No 1187/2009. |
| --- | --- |

(f)

the quantities, broken down by code of the export refund nomenclature for milk products, covered by licences with a refund issued under Article 32(1) of Regulation (EC) No 1187/2009.

2.   As regards the notification referred to in paragraph 1(c)(i), where several applications have been submitted for the same invitation to tender, one notification per Member State shall suffice.

Article 7

1.   Member States shall notify to the Commission, before the 16th of each month for the previous month, the following information:

| (a) | the quantities, broken down by code of the export refund nomenclature for milk products, covered by licence applications cancelled under the second subparagraph of Article 10(2) of Regulation (EC) No 1187/2009; |
| --- | --- |

(a)

the quantities, broken down by code of the export refund nomenclature for milk products, covered by licence applications cancelled under the second subparagraph of Article 10(2) of Regulation (EC) No 1187/2009;

| (b) | the unused quantities on licences expired and returned in the previous month and which have been issued since 1 July of the current GATT-year, broken down by code of the export refund nomenclature for milk products; |
| --- | --- |

(b)

the unused quantities on licences expired and returned in the previous month and which have been issued since 1 July of the current GATT-year, broken down by code of the export refund nomenclature for milk products;

| (c) | the quantities of milk products, broken down by CN code and by country of origin code, which are not in one of the situations referred to in Article 28(2) of the Treaty and are imported for use in the manufacture of products falling within CN code 0406 30, in accordance with Article 12(5)(c) of Commission Regulation (EC) No 612/2009 (10) and for which the authorisation referred to in Article 15 of Regulation (EC) No 1187/2009 has been granted; |
| --- | --- |

(c)

the quantities of milk products, broken down by CN code and by country of origin code, which are not in one of the situations referred to in Article 28(2) of the Treaty and are imported for use in the manufacture of products falling within CN code 0406 30, in accordance with Article 12(5)(c) of Commission Regulation (EC) No 612/2009 (10) and for which the authorisation referred to in Article 15 of Regulation (EC) No 1187/2009 has been granted;

| (d) | the quantities broken down by CN code, for which licences have been issued and where no refund is applied for, as referred to in Article 18 of Regulation (EC) No 1187/2009. |
| --- | --- |

(d)

the quantities broken down by CN code, for which licences have been issued and where no refund is applied for, as referred to in Article 18 of Regulation (EC) No 1187/2009.

2.   Member States shall notify to the Commission before 31 December the quantities broken down by CN code for which licences have been issued for the following quota year, in accordance with Article 25 of Regulation (EC) No 1187/2009.

CHAPTER IV

GENERAL AND FINAL PROVISIONS

Article 8

1.   The notifications to the Commission under this Regulation shall be made by the Member States by electronic means using the methods made available to them by the Commission.

2.   The form and content of the notifications shall be defined on the basis of models or methods made available to the competent authorities by the Commission. Those models and methods shall be adapted and updated after the Committee referred to in Article 195(1) of Regulation (EC) No 1234/2007 and the competent authorities concerned, as appropriate, have been informed.

Article 9

The Commission shall keep available for the Member States the data, information and documents transmitted by them.

Article 10

Regulation (EC) No 562/2005 is repealed.

However, Regulation (EC) No 562/2005 shall continue to apply to transmission of data, information and documents relating to the period before the application of this Regulation.

References made to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex III to this Regulation.

Article 11

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

It shall apply from 1 August 2010.

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

Done at Brussels, 1 June 2010.

For the Commission

The President

José Manuel BARROSO

---

(1)  
  OJ L 299, 16.11.2007, p. 1.

1

(2)  
  OJ L 95, 14.4.2005, p. 11.

2

(3)  
  OJ L 160, 26.6.1999, p. 48.

3

(4)  
  OJ L 341, 22.12.2001, p. 29.

4

(5)  
  OJ L 238, 1.9.2006, p. 13.

5

(6)  
  OJ L 114, 26.4.2008, p. 3.

6

(7)  
  OJ L 336, 23.12.1994, p. 1.

7

(8)  
  OJ L 318, 4.12.2009, p. 1.

8

(9)  
  OJ L 366, 24.12.1987, p. 1.

9

(10)  
  OJ L 186, 17.7.2009, p. 1.

10

---

ANNEX I.A

WEEKLY NOTIFICATION

Article 2(1) of Regulation (EU) No 479/2010

EUROPEAN COMMISSION — DG AGRI.C.4 — ANIMAL PRODUCTS UNIT

| | Member State: ... |
| --- | --- |

Member State: ...

| | Person to contact: ... |
| --- | --- |

Person to contact: ...

| | Telephone: ... |
| --- | --- |

Telephone: ...

| | Fax: ... |
| --- | --- |

Fax: ...

| | E-mail: ... |
| --- | --- |

E-mail: ...

| Product | CN code | Representative packing unit | Remarks |
| --- | --- | --- | --- |
| 1. | Whey powder |

Product

CN code

Representative packing unit

Remarks

1.

Whey powder

0404 10 02

25  kg

| 2. | Skimmed-milk powder complying with the intervention quality requirements |
| --- | --- |

2.

Skimmed-milk powder complying with the intervention quality requirements

0402 10 19

25  kg

| 3. | Whole milk powder |
| --- | --- |

3.

Whole milk powder

0402 21 19

25  kg

| 4. | Butter — unsalted |
| --- | --- |

4.

Butter — unsalted

0405 10 19

25  kg

| 5. | Butter — unsalted |
| --- | --- |

5.

Butter — unsalted

0405 10 11

250  g

| 6. | Butter oil |
| --- | --- |

6.

Butter oil

0405 90 10

200  kg

| 7. | Cheddar, 45 to 50 % fat in the dry matter |
| --- | --- |

7.

Cheddar, 45 to 50 % fat in the dry matter

0406 90 21

(1)

| 8. | Gouda, 45 to 50 % fat in the dry matter |
| --- | --- |

8.

Gouda, 45 to 50 % fat in the dry matter

0406 90 78

(1)

| 9. | Edam, 40 to 45 % fat in the dry matter |
| --- | --- |

9.

Edam, 40 to 45 % fat in the dry matter

0406 90 23

(1)

| 10. | Emmental, 45 to 50 % fat in the dry matter |
| --- | --- |

10.

Emmental, 45 to 50 % fat in the dry matter

0406 90 13

(1)

---

(1)  For cheeses the notification shall refer to the most representative packing unit.

---

ANNEX I.B

MONTHLY NOTIFICATION

Article 2(2) of Regulation (EU) No 479/2010

EUROPEAN COMMISSION — DG AGRI.C.4 — ANIMAL PRODUCTS UNIT

Member State: ...

Person to contact: ...

Telephone: ...

Fax: ...

E-mail: ...

| Product | CN code | Representative packing unit | Remarks |
| --- | --- | --- | --- |
| 1. | Skimmed-milk powder for animal feed |

Product

CN code

Representative packing unit

Remarks

1.

Skimmed-milk powder for animal feed

0402 10 19 ANIM

20  t

| 2. | Casein |
| --- | --- |

2.

Casein

3501 10

25 kg (bags)

| 3. | Cheeses: |
| --- | --- |

3.

Cheeses:

—

(1)

—

(1)

—

(1)

—

(1)

—

(1)

---

(1)  For cheeses the notification shall refer to the most representative packing unit.

---

ANNEX II

Elements to be included in the report on the price for raw milk and dairy products to be submitted to the Commission
   (*1)
  in accordance with Article 3

| 1. | Organisation and structure of the market:
  general overview of the market structure for the product in question. |
| --- | --- |

1.

general overview of the market structure for the product in question.

| 2. | Product definition:
  composition (fat content, dry matter content, water content in the non-fatty matter), quality class, age or maturing stage, presentation and packing conditions (e.g. in bulk, in 25 kg sacks), other characteristics. |
| --- | --- |

2.

composition (fat content, dry matter content, water content in the non-fatty matter), quality class, age or maturing stage, presentation and packing conditions (e.g. in bulk, in 25 kg sacks), other characteristics.

| 3. | Place and procedure of recording:






  (a) | the body responsible for the price statistics (address, fax, e-mail); |
| --- | --- | --- |

3.

(a)

the body responsible for the price statistics (address, fax, e-mail);

| (b) | the number of recording points and the geographical area or region to which prices apply; |
| --- | --- |

(b)

the number of recording points and the geographical area or region to which prices apply;

| (c) | the survey method (e.g. direct survey of the first buyers). If prices are established by a marketing board, an indication should be given as to whether they are based on opinion or fact. If secondary material is used, the sources should be stated (e.g. use of market reports); |
| --- | --- |

(c)

the survey method (e.g. direct survey of the first buyers). If prices are established by a marketing board, an indication should be given as to whether they are based on opinion or fact. If secondary material is used, the sources should be stated (e.g. use of market reports);

| (d) | statistical processing of prices, including conversion factors used to convert the weight of products into the representative weight, laid down in Annex I. |
| --- | --- |

(d)

statistical processing of prices, including conversion factors used to convert the weight of products into the representative weight, laid down in Annex I.

| 4. | Production:
  annual (estimated) production in the Member State. |
| --- | --- |

4.

annual (estimated) production in the Member State.

| 5. | Representativeness:
  the share of the volume recorded (e.g. in % of the annual production). |
| --- | --- |

5.

the share of the volume recorded (e.g. in % of the annual production).

| 6. | Other relevant aspects |
| --- | --- |

6.

---

(*1)  The report shall be sent to the following address: European Commission — DG AGRI.C.4 — Animal Products.

---

ANNEX III

CORRELATION TABLE

| Regulation (EC) No 562/2005 | Present Regulation |
| --- | --- |
| Article 1 | — |
| Article 2 | — |
| Article 3 | — |
| Article 4 | — |
| Article 5 | Article 1 |
| Article 6(1) | Article 2(1) |
| — | Article 2(2) |
| Article 6(2) | Article 2(3), 3(1) |
| Article 6(3) | Article 3(2) |
| Article 6(4) | Article 3(3) |
| Article 6(5) | Article 2(4) |
| — | Article 3(4) |
| Article 7(1) | — |
| Article 7(2) | — |
| Article 7(3) | — |
| Article 7(4) | Article 4 |
| Article 7(5) | Article 4 |
| Article 7(6) | — |
| Article 8 | Article 5 |
| Article 9(1) | Article 6(1) |
| Article 9(2) | Article 6(2) |
| Article 9(3) | — |
| Article 10 | — |
| Article 11(a) | Article 7(1)(a) |
| Article 11(b) | Article 7(1)(b) |
| Article 11(c) | — |
| Article 11(d) | Article 7(1)(c) |
| Article 11(e) | Article 7(1)(d) |
| Article 11(e) | Article 7(2) |
| Article 12 | — |
| Article 13 | — |
| Article 14 | Article 8 |
| Article 15 | Article 9 |
| Article 16 | Article 10 |
| Article 17 | Article 11 |
| Annex I | — |
| Annex II | — |
| Annex III | — |
| Annex IV | — |
| Annex V | — |
| Annex VI | Annex I.A and I.B |
| Annex VII | — |
| Annex VIII | — |
| Annex IX | — |
| Annex X | — |
| Annex XI | — |
| Annex XII | Annex II |
| Annex XIII | Annex III |

Regulation (EC) No 562/2005

Present Regulation

Article 1

—

Article 2

—

Article 3

—

Article 4

—

Article 5

Article 1

Article 6(1)

Article 2(1)

—

Article 2(2)

Article 6(2)

Article 2(3), 3(1)

Article 6(3)

Article 3(2)

Article 6(4)

Article 3(3)

Article 6(5)

Article 2(4)

—

Article 3(4)

Article 7(1)

—

Article 7(2)

—

Article 7(3)

—

Article 7(4)

Article 4

Article 7(5)

Article 4

Article 7(6)

—

Article 8

Article 5

Article 9(1)

Article 6(1)

Article 9(2)

Article 6(2)

Article 9(3)

—

Article 10

—

Article 11(a)

Article 7(1)(a)

Article 11(b)

Article 7(1)(b)

Article 11(c)

—

Article 11(d)

Article 7(1)(c)

Article 11(e)

Article 7(1)(d)

Article 11(e)

Article 7(2)

Article 12

—

Article 13

—

Article 14

Article 8

Article 15

Article 9

Article 16

Article 10

Article 17

Article 11

Annex I

—

Annex II

—

Annex III

—

Annex IV

—

Annex V

—

Annex VI

Annex I.A and I.B

Annex VII

—

Annex VIII

—

Annex IX

—

Annex X

—

Annex XI

—

Annex XII

Annex II

Annex XIII

Annex III

---

| 2.6.2010 | EN | Official Journal of the European Union | L 135/36 |
| --- | --- | --- | --- |

2.6.2010

EN

Official Journal of the European Union

L 135/36

---

COMMISSION REGULATION (EU) No 480/2010

of 1 June 2010

approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Spressa delle Giudicarie (PDO))

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:

| (1) | In accordance with the first subparagraph of Article 9(1) of Regulation (EC) No 510/2006, the Commission has examined Italy’s application for the approval of amendments to the specification for the protected designation of origin ‘Spressa delle Giudicarie’ registered in accordance with Commission Regulation (EC) No 2400/96 (2), as amended by Regulation (EC) No 2275/2003 (3). |
| --- | --- |

(1)

In accordance with the first subparagraph of Article 9(1) of Regulation (EC) No 510/2006, the Commission has examined Italy’s application for the approval of amendments to the specification for the protected designation of origin ‘Spressa delle Giudicarie’ registered in accordance with Commission Regulation (EC) No 2400/96 (2), as amended by Regulation (EC) No 2275/2003 (3).

| (2) | Since the amendments in question are not minor within the meaning of Article 9 of Regulation (EC) No 510/2006, the Commission published the amendment application in the Official Journal of the European Union (4), as required by the first subparagraph of Article 6(2) of that Regulation. As no statement of objection within the meaning of Article 7 of Regulation (EC) No 510/2006 has been sent to the Commission, the amendments should be approved, |
| --- | --- |

(2)

Since the amendments in question are not minor within the meaning of Article 9 of Regulation (EC) No 510/2006, the Commission published the amendment application in the Official Journal of the European Union (4), as required by the first subparagraph of Article 6(2) of that Regulation. As no statement of objection within the meaning of Article 7 of Regulation (EC) No 510/2006 has been sent to the Commission, the amendments should be approved,

HAS ADOPTED THIS REGULATION:

Article 1

The amendments to the specification published in the Official Journal of the European Union regarding the name in the Annex to this Regulation are hereby approved.

Article 2

This Regulation shall enter into force on the 20th day following 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, 1 June 2010.

For the Commission

The President

José Manuel BARROSO

---

(1)  
  OJ L 93, 31.3.2006, p. 12.

1

(2)  
  OJ L 327, 18.12.1996, p. 11.

2

(3)  
  OJ L 336, 23.12.2003, p. 44.

3

(4)  
  OJ C 238, 3.10.2009, p. 14.

4

---

ANNEX

Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.3.   Cheeses

ITALY

Spressa delle Giudicarie (PDO)

---

| 2.6.2010 | EN | Official Journal of the European Union | L 135/38 |
| --- | --- | --- | --- |

2.6.2010

EN

Official Journal of the European Union

L 135/38

---

COMMISSION REGULATION (EU) No 481/2010

of 1 June 2010

implementing Regulation (EC) No 1177/2003 of the European Parliament and of the Council concerning Community statistics on income and living conditions (EU-SILC) as regards the 2011 list of target secondary variables on intergenerational transmission of disadvantages

(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 1177/2003 of the European Parliament and of the Council of 16 June 2003 concerning Community statistics on income and living conditions (EU-SILC) (1), and in particular Article 15(2)(f) thereof,

Whereas:

| (1) | Regulation (EC) No 1177/2003 established a common framework for the systematic production of Community statistics on income and living conditions, encompassing comparable and timely cross-sectional and longitudinal data on income and on the level and composition of poverty and social exclusion at national and European Union levels. |
| --- | --- |

(1)

Regulation (EC) No 1177/2003 established a common framework for the systematic production of Community statistics on income and living conditions, encompassing comparable and timely cross-sectional and longitudinal data on income and on the level and composition of poverty and social exclusion at national and European Union levels.

| (2) | Pursuant to Article 15(2)(f) of Regulation (EC) No 1177/2003, implementing measures are necessary in respect of the list of target secondary areas and variables that is to be included every year in the cross-sectional component of EU-SILC. The list of target secondary variables to be incorporated in the module on intergenerational transmission of disadvantages should be laid down for the year 2011. It should also include the variables’ codes and definitions. |
| --- | --- |

(2)

Pursuant to Article 15(2)(f) of Regulation (EC) No 1177/2003, implementing measures are necessary in respect of the list of target secondary areas and variables that is to be included every year in the cross-sectional component of EU-SILC. The list of target secondary variables to be incorporated in the module on intergenerational transmission of disadvantages should be laid down for the year 2011. It should also include the variables’ codes and definitions.

| (3) | The measures provided for in this Regulation are in accordance with the opinion of the European Statistical System Committee, |
| --- | --- |

(3)

The measures provided for in this Regulation are in accordance with the opinion of the European Statistical System Committee,

HAS ADOPTED THIS REGULATION:

Article 1

The list of target secondary variables, the variables’ codes and the definitions for the 2011 Module on intergenerational transmission of disadvantages to be included in the cross-sectional component of Community statistics on income and living conditions (EU-SILC) shall be as laid down in the Annex.

Article 2

This Regulation shall enter into force on the 20th 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, 1 June 2010.

For the Commission

The President

José Manuel BARROSO

---

(1)  
  OJ L 165, 3.7.2003, p. 1.

1

---

ANNEX

For the purposes of this Regulation, the following unit, mode of data collection, reference period and definitions shall apply:

1.   Unit

Information shall be provided for all current household members or, if applicable, for all selected respondents aged over 24 years and less than 60 years.

2.   Mode of data collection

Given the type of information to be collected, only personal interviews or information extracted from registers are allowed. Proxy interviews are allowed as an exception for persons temporarily absent or incapacitated.

3.   Reference period

The reference period shall be when the interviewee was around 14 years old.

4.   Definitions

(1)   Father: the person the interviewee considered to be his/her father when he/she was around 14 years old. In general the father will be the biological father, but if the interviewee considers someone else to be the father during the reference period, the answers should refer to him, even if the biological father is alive and known.

(2)   Mother: the person the interviewee considered to be his/her mother when he/she was around 14 years old. In general the mother will be the biological mother, but if the interviewee considers someone else to be the mother during the reference period, the answers should refer to her, even if the biological mother is alive and known.

(3)   Household: refers to the household in which the respondent was living when he/she was around 14 years old. If the parents of the respondent were divorced and shared custody (50 % of the time for each parent), the respondent should select his/her household either on an objective basis, taking into account his/her main address when he/she was around 14 years old (i.e. the one in the population register and/or in his/her identity card/passport), or on a subjective basis according to where he/she felt more at home when he/she was around 14 years old. For detailed guidelines please refer to the ‘Description of target variables: Cross-sectional and Longitudinal’ (EU-SILC 065 – 2010 operation) — Units.

AREAS AND LIST OF TARGET VARIABLES

| | Module 2011 | Intergenerational transmission of disadvantages |
| --- | --- | --- |
| Variable name | Code | Target variable |
| Basic data |
| RB030 | | Personal id |
| Id number | Personal identification number (PID) |
| PT005 | | Personal intergenerational cross-sectional weight |
| 0+(Format 2.5) | Weight |
| Family data |
| PT010 | | Presence of parents |
| 1 | Lived with both parents (or persons considered as parents) |
| 2 | Lived with father only (or person considered as a father) |
| 3 | Lived with mother only (or person considered as a mother) |
| 4 | Lived in a private household without any parents |
| 5 | Lived in a collective household or institution |
| PT010_F | 1 | Filled |
| – 1 | Missing |
| – 5 | Not ‘selected respondent’ |
| – 6 | Not in age range (25-59) |
| PT020 | | Number of adults |
| | Number (2 digits) 0-99 |
| PT020_F | 1 | Filled |
| – 1 | Missing |
| – 4 | N/A (lived in a collective household or institution) |
| – 5 | Not ‘selected respondent’ |
| – 6 | Not in age range (25-59) |
| PT030 | | Number of children |
| | Number (2 digits) 0-99 |
| PT030_F | 1 | Filled |
| – 1 | Missing |
| – 4 | N/A (lived in a collective household or institution) |
| – 5 | Not ‘selected respondent’ |
| – 6 | Not in age range (25-59) |
| PT040 | | Number of persons in the household in work |
| | Number (2 digits) 0-99 |
| PT040_F | 1 | Filled |
| – 1 | Missing |
| – 4 | N/A (lived in a collective household or institution) |
| – 5 | Not ‘selected respondent’ |
| – 6 | Not in age range (25-59) |
| PT050 | | Year of birth of the father |
| | Year (4 digits) |
| – 1 | Don’t know |
| PT050_F | 1 | Filled |
| – 1 | Missing |
| – 4 | N/A (unknown father) |
| – 5 | Not ‘selected respondent’ |
| – 6 | Not in age range (25-59) |
| PT060 | | Country of birth of the father |
| 1 | Born in the respondent’s present country of residence (i.e. country of the survey) |
| 2 | Born in another EU-27 country |
| 3 | Born in another European country |
| 4 | Born outside Europe |
| – 1 | Don’t know |
| PT060_F | 1 | Filled |
| – 1 | Missing |
| – 4 | N/A (unknown father) |
| – 5 | Not ‘selected respondent’ |
| – 6 | Not in age range (25-59) |
| PT070 | | Citizenship of the father |
| 1 | The respondent’s present country of residence (i.e. country of the survey) |
| 2 | Another EU-27 country |
| 3 | Another European country |
| 4 | Outside Europe |
| – 1 | Don’t know |
| PT070_F | 1 | Filled |
| – 1 | Missing |
| – 4 | N/A (unknown father) |
| – 5 | Not ‘selected respondent’ |
| – 6 | Not in age range (25-59) |
| PT080 | | Year of birth of the mother |
| | Year (4 digits) |
| – 1 | Don’t know |
| PT080_F | 1 | Filled |
| – 1 | Missing |
| – 4 | N/A (unknown mother) |
| – 5 | Not ‘selected respondent’ |
| – 6 | Not in age range (25-59) |
| PT090 | | Country of birth of the mother |
| 1 | Born in the respondent’s present country of residence (i.e. country of the survey) |
| 2 | Born in another EU-27 country |
| 3 | Born in another European country |
| 4 | Born outside Europe |
| – 1 | Don’t know |
| PT090_F | 1 | Filled |
| – 1 | Missing |
| – 4 | N/A (unknown mother) |
| – 5 | Not ‘selected respondent’ |
| – 6 | Not in age range (25-59) |
| PT100 | | Citizenship of the mother |
| 1 | The respondent’s present country of residence (i.e. country of the survey) |
| 2 | Another EU-27 country |
| 3 | Another European country |
| 4 | Outside Europe |
| – 1 | Don’t know |
| PT100_F | 1 | Filled |
| – 1 | Missing |
| – 4 | N/A (unknown mother) |
| – 5 | Not ‘selected respondent’ |
| – 6 | Not in age range (25-59) |
| Educational data |
| PT110 | | Highest level of education attained by the father |
| 0 | Father could neither read nor write in any language |
| 1 | Low level (pre-primary, primary education or lower secondary education) |
| 2 | Medium level (upper secondary education and post-secondary non-tertiary education) |
| 3 | High level (first stage of tertiary education and second stage of tertiary education) |
| – 1 | Don’t know |
| PT110_F | 1 | Filled |
| – 1 | Missing |
| – 4 | N/A (unknown father) |
| – 5 | Not ‘selected respondent’ |
| – 6 | Not in age range (25-59) |
| PT120 | | Highest level of education attained by the mother |
| 0 | Mother could neither read nor write in any language |
| 1 | Low level (pre-primary, primary education or lower secondary education) |
| 2 | Medium level (upper secondary education and post-secondary non-tertiary education) |
| 3 | High level (first stage of tertiary education and second stage of tertiary education) |
| – 1 | Don’t know |
| PT120_F | 1 | Filled |
| – 1 | Missing |
| – 4 | N/A (unknown mother) |
| – 5 | Not ‘selected respondent’ |
| – 6 | Not in age range (25-59) |
| Occupational data |
| PT130 | | Activity status of the father |
| 1 | Employed |
| 2 | Self-employed (including family worker) |
| 3 | Unemployed |
| 4 | In retirement or in early retirement or had given up business |
| 5 | Fulfilling domestic tasks and care responsibilities |
| 6 | Other inactive person |
| – 1 | Don’t know |
| PT130_F | 1 | Filled |
| – 1 | Missing |
| – 3 | N/A (father dead) |
| – 4 | N/A (unknown father) |
| – 5 | Not ‘selected respondent’ |
| – 6 | Not in age range (25-59) |
| PT140 | | Managerial position of the father |
| 1 | Supervisory |
| 2 | Non-supervisory |
| – 1 | Don’t know |
| PT140_F | 1 | Filled |
| – 1 | Missing |
| – 2 | N/A (father not working) |
| – 3 | N/A (father dead) |
| – 4 | N/A (unknown father) |
| – 5 | Not ‘selected respondent’ |
| – 6 | Not in age range (25-59) |
| PT150 | | Main occupation of the father |
| | ISCO-08(COM) code (1 digit) |
| – 1 | Don’t know |
| PT150_F | 1 | Filled |
| – 1 | Missing |
| – 2 | N/A (father not working) |
| – 3 | N/A (father dead) |
| – 4 | N/A (unknown father) |
| – 5 | Not ‘selected respondent’ |
| – 6 | Not in age range (25-59) |
| PT160 | | Activity status of the mother |
| 1 | Employed |
| 2 | Self-employed (including family worker) |
| 3 | Unemployed |
| 4 | In retirement or in early retirement or had given up business |
| 5 | Fulfilling domestic tasks and care responsibilities |
| 6 | Other inactive person |
| – 1 | Don’t know |
| PT160_F | 1 | Filled |
| – 1 | Missing |
| – 3 | N/A (mother dead) |
| – 4 | N/A (unknown mother) |
| – 5 | Not ‘selected respondent’ |
| – 6 | Not in age range (25-59) |
| PT170 | | Managerial position of the mother |
| 1 | Supervisory |
| 2 | Non-supervisory |
| – 1 | Don’t know |
| PT170_F | 1 | Filled |
| – 1 | Missing |
| – 2 | N/A (mother not working) |
| – 3 | N/A (mother dead) |
| – 4 | N/A (unknown mother) |
| – 5 | Not ‘selected respondent’ |
| – 6 | Not in age range (25-59) |
| PT180 | | Main occupation of the mother |
| | ISCO-08(COM) code (1 digit) |
| – 1 | Don’t know |
| PT180_F | 1 | Filled |
| – 1 | Missing |
| – 2 | N/A (mother not working) |
| – 3 | N/A (mother dead) |
| – 4 | N/A (unknown mother) |
| – 5 | Not ‘selected respondent’ |
| – 6 | Not in age range (25-59) |
| Wealth data |
| PT190 | | Financial situation of the household |
| 1 | Very bad |
| 2 | Bad |
| 3 | Moderately bad |
| 4 | Moderately good |
| 5 | Good |
| 6 | Very good |
| – 1 | Don’t know |
| PT190_F | 1 | Filled |
| – 1 | Missing |
| – 4 | N/A (lived in a collective household or institution) |
| – 5 | Not ‘selected respondent’ |
| – 6 | Not in age range (25-59) |
| PT200 | | Ability to make ends meet |
| 1 | With great difficulty |
| 2 | With difficulty |
| 3 | With some difficulty |
| 4 | Fairly easily |
| 5 | Easily |
| 6 | Very easily |
| – 1 | Don’t know |
| PT200_F | 1 | Filled |
| – 1 | Missing |
| – 4 | N/A (lived in a collective household or institution) |
| – 5 | Not ‘selected respondent’ |
| – 6 | Not in age range (25-59) |
| PT210 | | Tenancy status |
| 1 | Owner |
| 2 | Tenant |
| 3 | Accommodation was provided free |
| – 1 | Don’t know |
| PT210_F | 1 | Filled |
| – 1 | Missing |
| – 4 | N/A (lived in a collective household or institution) |
| – 5 | Not ‘selected respondent’ |
| – 6 | Not in age range (25-59) |

Module 2011

Intergenerational transmission of disadvantages

Variable name

Code

Target variable

Basic data

RB030

Personal id

Id number

Personal identification number (PID)

PT005

Personal intergenerational cross-sectional weight

0+(Format 2.5)

Weight

Family data

PT010

Presence of parents

1

Lived with both parents (or persons considered as parents)

2

Lived with father only (or person considered as a father)

3

Lived with mother only (or person considered as a mother)

4

Lived in a private household without any parents

5

Lived in a collective household or institution

PT010_F

1

Filled

– 1

Missing

– 5

Not ‘selected respondent’

– 6

Not in age range (25-59)

PT020

Number of adults

Number (2 digits) 0-99

PT020_F

1

Filled

– 1

Missing

– 4

N/A (lived in a collective household or institution)

– 5

Not ‘selected respondent’

– 6

Not in age range (25-59)

PT030

Number of children

Number (2 digits) 0-99

PT030_F

1

Filled

– 1

Missing

– 4

N/A (lived in a collective household or institution)

– 5

Not ‘selected respondent’

– 6

Not in age range (25-59)

PT040

Number of persons in the household in work

Number (2 digits) 0-99

PT040_F

1

Filled

– 1

Missing

– 4

N/A (lived in a collective household or institution)

– 5

Not ‘selected respondent’

– 6

Not in age range (25-59)

PT050

Year of birth of the father

Year (4 digits)

– 1

Don’t know

PT050_F

1

Filled

– 1

Missing

– 4

N/A (unknown father)

– 5

Not ‘selected respondent’

– 6

Not in age range (25-59)

PT060

Country of birth of the father

1

Born in the respondent’s present country of residence (i.e. country of the survey)

2

Born in another EU-27 country

3

Born in another European country

4

Born outside Europe

– 1

Don’t know

PT060_F

1

Filled

– 1

Missing

– 4

N/A (unknown father)

– 5

Not ‘selected respondent’

– 6

Not in age range (25-59)

PT070

Citizenship of the father

1

The respondent’s present country of residence (i.e. country of the survey)

2

Another EU-27 country

3

Another European country

4

Outside Europe

– 1

Don’t know

PT070_F

1

Filled

– 1

Missing

– 4

N/A (unknown father)

– 5

Not ‘selected respondent’

– 6

Not in age range (25-59)

PT080

Year of birth of the mother

Year (4 digits)

– 1

Don’t know

PT080_F

1

Filled

– 1

Missing

– 4

N/A (unknown mother)

– 5

Not ‘selected respondent’

– 6

Not in age range (25-59)

PT090

Country of birth of the mother

1

Born in the respondent’s present country of residence (i.e. country of the survey)

2

Born in another EU-27 country

3

Born in another European country

4

Born outside Europe

– 1

Don’t know

PT090_F

1

Filled

– 1

Missing

– 4

N/A (unknown mother)

– 5

Not ‘selected respondent’

– 6

Not in age range (25-59)

PT100

Citizenship of the mother

1

The respondent’s present country of residence (i.e. country of the survey)

2

Another EU-27 country

3

Another European country

4

Outside Europe

– 1

Don’t know

PT100_F

1

Filled

– 1

Missing

– 4

N/A (unknown mother)

– 5

Not ‘selected respondent’

– 6

Not in age range (25-59)

Educational data

PT110

Highest level of education attained by the father

0

Father could neither read nor write in any language

1

Low level (pre-primary, primary education or lower secondary education)

2

Medium level (upper secondary education and post-secondary non-tertiary education)

3

High level (first stage of tertiary education and second stage of tertiary education)

– 1

Don’t know

PT110_F

1

Filled

– 1

Missing

– 4

N/A (unknown father)

– 5

Not ‘selected respondent’

– 6

Not in age range (25-59)

PT120

Highest level of education attained by the mother

0

Mother could neither read nor write in any language

1

Low level (pre-primary, primary education or lower secondary education)

2

Medium level (upper secondary education and post-secondary non-tertiary education)

3

High level (first stage of tertiary education and second stage of tertiary education)

– 1

Don’t know

PT120_F

1

Filled

– 1

Missing

– 4

N/A (unknown mother)

– 5

Not ‘selected respondent’

– 6

Not in age range (25-59)

Occupational data

PT130

Activity status of the father

1

Employed

2

Self-employed (including family worker)

3

Unemployed

4

In retirement or in early retirement or had given up business

5

Fulfilling domestic tasks and care responsibilities

6

Other inactive person

– 1

Don’t know

PT130_F

1

Filled

– 1

Missing

– 3

N/A (father dead)

– 4

N/A (unknown father)

– 5

Not ‘selected respondent’

– 6

Not in age range (25-59)

PT140

Managerial position of the father

1

Supervisory

2

Non-supervisory

– 1

Don’t know

PT140_F

1

Filled

– 1

Missing

– 2

N/A (father not working)

– 3

N/A (father dead)

– 4

N/A (unknown father)

– 5

Not ‘selected respondent’

– 6

Not in age range (25-59)

PT150

Main occupation of the father

ISCO-08(COM) code (1 digit)

– 1

Don’t know

PT150_F

1

Filled

– 1

Missing

– 2

N/A (father not working)

– 3

N/A (father dead)

– 4

N/A (unknown father)

– 5

Not ‘selected respondent’

– 6

Not in age range (25-59)

PT160

Activity status of the mother

1

Employed

2

Self-employed (including family worker)

3

Unemployed

4

In retirement or in early retirement or had given up business

5

Fulfilling domestic tasks and care responsibilities

6

Other inactive person

– 1

Don’t know

PT160_F

1

Filled

– 1

Missing

– 3

N/A (mother dead)

– 4

N/A (unknown mother)

– 5

Not ‘selected respondent’

– 6

Not in age range (25-59)

PT170

Managerial position of the mother

1

Supervisory

2

Non-supervisory

– 1

Don’t know

PT170_F

1

Filled

– 1

Missing

– 2

N/A (mother not working)

– 3

N/A (mother dead)

– 4

N/A (unknown mother)

– 5

Not ‘selected respondent’

– 6

Not in age range (25-59)

PT180

Main occupation of the mother

ISCO-08(COM) code (1 digit)

– 1

Don’t know

PT180_F

1

Filled

– 1

Missing

– 2

N/A (mother not working)

– 3

N/A (mother dead)

– 4

N/A (unknown mother)

– 5

Not ‘selected respondent’

– 6

Not in age range (25-59)

Wealth data

PT190

Financial situation of the household

1

Very bad

2

Bad

3

Moderately bad

4

Moderately good

5

Good

6

Very good

– 1

Don’t know

PT190_F

1

Filled

– 1

Missing

– 4

N/A (lived in a collective household or institution)

– 5

Not ‘selected respondent’

– 6

Not in age range (25-59)

PT200

Ability to make ends meet

1

With great difficulty

2

With difficulty

3

With some difficulty

4

Fairly easily

5

Easily

6

Very easily

– 1

Don’t know

PT200_F

1

Filled

– 1

Missing

– 4

N/A (lived in a collective household or institution)

– 5

Not ‘selected respondent’

– 6

Not in age range (25-59)

PT210

Tenancy status

1

Owner

2

Tenant

3

Accommodation was provided free

– 1

Don’t know

PT210_F

1

Filled

– 1

Missing

– 4

N/A (lived in a collective household or institution)

– 5

Not ‘selected respondent’

– 6

Not in age range (25-59)

---

| 2.6.2010 | EN | Official Journal of the European Union | L 135/46 |
| --- | --- | --- | --- |

2.6.2010

EN

Official Journal of the European Union

L 135/46

---

COMMISSION REGULATION (EU) No 482/2010

of 1 June 2010

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.

Article 2

This Regulation shall enter into force on 2 June 2010.

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

Done at Brussels, 1 June 2010.

For the Commission, On behalf of the President,

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 299, 16.11.2007, p. 1.

1

(2)  
  OJ L 350, 31.12.2007, p. 1.

2

---

ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | MA | 51,1 |
| MK | 50,2 |
| TN | 92,7 |
| TR | 64,5 |
| ZZ | 64,6 |
| 0707 00 05 | AL | 41,0 |
| MA | 46,5 |
| MK | 54,8 |
| TR | 120,0 |
| ZZ | 65,6 |
| 0709 90 70 | TR | 111,5 |
| ZZ | 111,5 |
| 0805 50 10 | AR | 95,7 |
| BR | 112,1 |
| TR | 93,4 |
| ZA | 105,5 |
| ZZ | 101,7 |
| 0808 10 80 | AR | 89,4 |
| BR | 78,5 |
| CA | 80,1 |
| CL | 87,2 |
| CN | 73,5 |
| IL | 49,0 |
| MK | 26,7 |
| NZ | 121,3 |
| US | 140,3 |
| UY | 81,7 |
| ZA | 86,9 |
| ZZ | 83,1 |
| 0809 20 95 | TR | 534,1 |
| ZZ | 534,1 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MA

51,1

MK

50,2

TN

92,7

TR

64,5

ZZ

64,6

0707 00 05

AL

41,0

MA

46,5

MK

54,8

TR

120,0

ZZ

65,6

0709 90 70

TR

111,5

ZZ

111,5

0805 50 10

AR

95,7

BR

112,1

TR

93,4

ZA

105,5

ZZ

101,7

0808 10 80

AR

89,4

BR

78,5

CA

80,1

CL

87,2

CN

73,5

IL

49,0

MK

26,7

NZ

121,3

US

140,3

UY

81,7

ZA

86,9

ZZ

83,1

0809 20 95

TR

534,1

ZZ

534,1

---

(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
  ZZ
  ’ stands for ‘of other origin’.

---