COMMISSION IMPLEMENTING REGULATION (EU) 2022/1292

of 22 July 2022

amending Implementing Regulation (EU) 2021/1976 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of mono ethylene glycol originating in the United States of America and the Kingdom of Saudi Arabia

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1), and in particular Article 14(1) thereof,

Whereas:

(1) Imports of mono ethylene gycol (‘MEG’) originating in the United States of America and the Kingdom of Saudi Arabia are subject to a definitive anti-dumping duty, imposed by Commission Implementing Regulation (EU) 2021/1976 (2).

(2) The US company Indorama Ventures Oxides LLC, TARIC (3) additional code C681, is subject to the anti-dumping measures for cooperating non-sampled exporting producers imposed by Implementing Regulation (EU) 2021/1976.

(3) Indorama Ventures (Oxide & Glycols) LLC, a related company to Indorama Ventures Oxides LLC informed the Commission on 7 March 2022 that it would like to export MEG to the Union and requested the Commission to confirm that it could benefit from the anti-dumping duty rate applied to its related company, Indorama Ventures Oxides LLC, in view of the fact that it was not included in the Annex of Implementing Regulation (EU) 2021/1976.

(4) The Commission reviewed the information supplied by Indorama Ventures (Oxide & Glycols) LLC in the context of the original investigation and could verify that Indorama Ventures (Oxide & Glycols) LLC is related to Indorama Ventures Oxides LLC and did not export MEG to the Union during the original investigation period.

(5) Moreover, since Indorama Ventures Oxides LLC was not sampled, the Commission recalled that no individual margin was established for the company, subject to the sample average duty rate.

(6) Given the considerations in the recitals above, the Commission considered it appropriate to amend the Annex of Implementing Regulation (EU) 2021/1976 and add Indorama Ventures (Oxide & Glycols) LLC with the same TARIC additional code C681 as its related company, Indorama Ventures Oxides LLC.

(7) TARIC additional code C681 previously attributed to Indorama Ventures Oxides LLC should apply to Indorama Ventures (Oxide & Glycols) LLC as well as of 7 March 2022.

(8) The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EU) 2016/1036,

HAS ADOPTED THIS REGULATION:

Article 1 1. The Annex of Implementing Regulation (EU) 2021/1976 is amended as follows: ‘United States of America Indorama Ventures Oxides LLC C681’ is replaced by ‘United States of America Indorama Ventures Oxides LLC; Indorama Ventures (Oxide & Glycols) LLC C681’ 2. TARIC additional code C681 previously attributed to Indorama Ventures Oxides LLC shall apply to Indorama Ventures (Oxide & Glycols) LLC as well as of 7 March 2022. 3. As of 7 March 2022, any definitive duty paid on imports of products manufactured by Indorama Ventures (Oxide & Glycols) LLC in excess of the anti-dumping duty established in Article 1(2) of Implementing Regulation (EU) 2021/1976 as regards Indorama Ventures Oxides LLC shall be repaid or remitted in accordance with the applicable customs legislation.

Article 2 This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 22 July 2022. For the Commission The President Ursula VON DER LEYEN

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

(2) Commission Implementing Regulation (EU) 2021/1976 of 12 November 2021 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of mono ethylene glycol originating in the United States of America and the Kingdom of Saudi Arabia (OJ L 402, 15.11.2021, p. 17).

(3) The Integrated Tariff of the European Union.