Proposal for a COUNCIL IMPLEMENTING REGULATION terminating the anti-dumping proceeding on imports of glyphosate originating in the People's Republic of China
Date: 2010-11-19
Institutions: European Commission
Subjects: China, anti-dumping duty, anti-dumping legislation, herbicide, originating product

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EUROPEAN COMMISSION 

Brussels, 19.11.2010 
COM(2010) 684 final 

2010/0332 (NLE) 

Proposal for a 

COUNCIL IMPLEMENTING REGULATION  

terminating the anti-dumping proceeding on imports of glyphosate originating in the 
People's Republic of China  

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

This proposal concerns the application of Council Regulation (EC) No 1225/2009 of 
30  November  2009  on  protection  against  dumped  imports  from  countries  not 
members  of  the  European  Community  ('the  basic  Regulation')  in  the  proceeding 
concerning imports of glyphosate originating in the People's Republic of China. 

•  General context 

This proposal is made in the context of the implementation of the basic Regulation 
and is the result of an investigation which was carried out in line with the substantive 
and procedural requirements laid out in the basic Regulation. 

•  Existing provisions in the area of the proposal 

Council Regulation (EC) No 1683/20041 of 24 September 2004 imposing a definitive 
anti-dumping duty on imports of glyphosate originating in the People's Republic of 
China.  

Commission Decision No 383/20092 of 14 May 2009 suspending the definitive anti-
dumping  duties  imposed  by  Council  Regulation  (EC)  No  1683/2004  on  imports  of 
glyphosate originating in the People's Republic of China. 

Implementing  Regulation  of  the  Council  (EU)  No  126/20103  of  11  February  2010 
extending the suspension of the definitive anti-dumping duty imposed by Regulation 
(EC) No 1683/2004 on imports of glyphosate originating in the People's Republic of 
China. 

•  Consistency with other policies and objectives of the Union 

Not applicable. 

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT 
ASSESSMENT 

•  Consultation of interested parties 

Interested  parties  concerned  by  the  proceeding  have  had  the  possibility  to  defend 
their  interests  during  the  investigation,  in  line  with  the  provisions  of  the  basic 
Regulation. 

•  Collection and use of expertise 

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OJ L 303, 30.09.2004, p. 1. 
OJ L 120, 15.05.2009, p. 20 
OJ L 40. 13.02.2010, p. 1 

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There was no need for external expertise. 

•  Impact assessment 

This proposal is the result of the implementation of the basic Regulation. 

The basic Regulation does not contain provisions for a general impact assessment but 
contains an exhaustive list of conditions that have to be assessed. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

On  29  September  2009,  the  Commission  initiated  an  expiry  review  of  the  anti-
dumping  measures  in  force  in  respect  of  glyphosate  originating  in  the  People's 
Republic of China. The request was lodged by the European Glyphosate Association 
(‘the applicant’) on behalf of producers representing the entire Union production of 
glyphosate.  

The  purpose  of  this  investigation  was  to  examine  whether  the  expiry  of  measures 
would be likely to result in a continuation or recurrence of dumping and recurrence 
of injury to the Union industry. 

In the course of the investigation, the applicant formally withdrew its request for an 
expiry review.  

Following this withdrawal, the Commission has not identified arguments suggesting 
that  Union  interest  might  justify  pursuing  the  review  investigation  and  therefore 
suggests terminating the investigation and repealing the measures. 

It  is  therefore  proposed  that  the  Council  adopts  the  attached  proposal  for  a 
Regulation which should be published in the Official Journal of the European Union 
at the earliest opportunity and in any event no later than 22 December 2010. 

•  Legal basis 

Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against 
dumped imports from countries not members of the European Community. 

•  Subsidiarity principle 

The  proposal  falls  under  the  exclusive  competence  of  the  European  Union.  The 
subsidiarity principle therefore does not apply. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reasons: 

The form of action is described in the above-mentioned basic Regulation and leaves 
no scope for national decision. 

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Indication  of  how  financial  and  administrative  burden  falling  upon  the  Union, 
national governments, regional and local authorities, economic operators and citizens 
is minimized and proportionate to the objective of the proposal is not applicable. 

•  Choice of instruments 

Proposed instruments: regulation. 

Other means would not be adequate for the following reason: 

Other means would not be adequate because the basic Regulation does not provide 
for alternative options. 

4. 

BUDGETARY IMPLICATION 

The proposal has no implication for the Union budget. 

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2010/0332 (NLE) 

Proposal for a 

COUNCIL IMPLEMENTING REGULATION  

terminating the anti-dumping proceeding on imports of glyphosate originating in the 
People's Republic of China  

THE COUNCIL OF THE EUROPEAN UNION, 

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 Community4 ('the basic 
Regulation') and in particular Article 9 and 11(2) thereof, 

Having  regard  to  the  proposal  submitted  by  the  European  Commission  ('the  Commission') 
after having consulted the Advisory Committee, 

Whereas: 

1. 

PROCEDURE 

1.1.  Measures in force 

(1) 

Following  a  review  investigation  carried  out  pursuant  to  Article  11(2)  of  the  basic 
Regulation  ,  the  Council,  by  Regulation  (EC)  No  1683/20045,  imposed  a  definitive 
anti-dumping  duty  on  imports  of  glyphosate  originating  in  the  People’s  Republic  of 
China  currently  falling  within  CN  codes  ex  2931  00  99  and  ex  3808  93  27  (the 
'product concerned'). This duty had been extended to imports of glyphosate consigned 
from Malaysia (whether declared as originating in Malaysia or not) with the exception 
of  those  produced  by  Crop  Protection  (M)  Sdn.  Bhd.  and  to  imports  of  glyphosate 
consigned  from  Taiwan  (whether  declared  as  originating  in  Taiwan  or  not)  with  the 
exception of those produced by Sinon Corporation. The rate of the anti-dumping duty 
is 29.9 %.  

(2) 

By  Decision  2009/383/EC6  ,  the  Commission  suspended  the  definitive  anti-dumping 
duties  for  a  period  of  9  months,  with  effect  from  16  May  2009.  Subsequently,  by 
Regulation  126/20107,  the  Council  extended  the  suspension  for  a  period  of  1  year, 
with effect from 14 February 2010. 

1.2. 

Request for review 

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OJ L 343, 22.12.2009, p. 51. 
OJ L 303, 30.9.2004, p. 1.  
OJ L 120, 15.5.2009, p. 20. 
OJ L 40, 13.2.2010, p. 1. 

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(3) 

(4) 

(5) 

Following  the  publication  of  a  notice  of  impending  expiry8  of  the  anti-dumping 
measures  in  force  on  imports  of  glyphosate  originating  in  the  People's  Republic  of 
China, the Commission has received on 29 June 2009 a request for review pursuant to 
Article 11(2) of the basic Regulation. 

The request was lodged by the European Glyphosate Association (‘the applicant’) on 
behalf of producers representing the entire Union production of glyphosate. 

The  request  contained  prima  facie  evidence  showing  that  the  expiry  of  the  measures 
would be likely to result in a continuation or recurrence of dumping and injury to the 
Union industry. 

1.3. 

Initiation 

(6) 

(7) 

2. 

(8) 

(9) 

Accordingly,  the  Commission,  after  consultation  of  the  Advisory  Committee,  the 
Commission  initiated,  by  a  notice  published  in  the  Official  Journal  of  the  European 
Union9 , an anti-dumping proceeding concerning imports into the European Union of 
glyphosate  currently  falling  within  CN  codes  ex  2931  00  99  and  ex  3808  93  27  and 
originating in the People's Republic of China. 

The Commission officially advised the exporting producers, importers concerned, the 
representatives  of  the  People's  Republic  of  China,  the  representative  users  and  the 
Union  producers  of  the  initiation  of  the  review  investigation.  Interested  parties  were 
given the opportunity to make their views known in writing and to request a hearing 
within the time limit set in the notice of initiation. 

WITHDRAWAL OF THE REQUEST 

By  a  letter  dated  21  September  2010  to  the  Commission,  the  applicant  formally 
withdrew its request.  

In accordance with Article 9(1) and Article 11(2) of the basic Regulation, a proceeding 
may  be  terminated  where  the  request  for  review  is  withdrawn  unless  such  a 
termination would not be in the Union interest. 

(10) 

It  was  considered  that  the  present  proceeding  should  be  terminated  since  the 
investigation  had  not  brought  to  light  any  considerations  showing  that  such 
termination  would  not  be  in  the  Union  interest.  Interested  parties  were  informed 
accordingly and were given the opportunity to comment. However, no comments were 
received which could alter this consideration.  

(11) 

It was therefore concluded that the anti-dumping expiry review proceeding concerning 
imports  into  the  Union  of  glyphosate  originating  in  the  People's  Republic  of  China 
should be terminated and the existing measures should be repealed.  

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OJ C 115, 20.5.2009, p. 19. 
OJ C 234. 29.9.2009, p. 9. 

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HAS ADOPTED THIS REGULATION: 

Article 1 

The  anti-dumping  measures  concerning  imports  of  glyphosate  currently  falling  within  CN 
codes ex 2931 00 99 and ex 3808 93 27 and originating in the People's Republic of China, are 
hereby repealed and the proceeding concerning these imports is terminated. 

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

Article 2 

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

Done in Brussels at […], 

For the Council 
The President 

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