Proposal for a COUNCIL REGULATION imposing a definitive anti-dumping duty on imports of okoumé plywood originating in the People's Republic of China following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009 and terminating a partial interim review pursuant to Article 11(3) of Council Regulation (EC) No 1225/2009
Date: 2011-01-05
Institutions: European Commission
Subjects: China, anti-dumping legislation, anti-dumping measure, bonded wood, import, originating product, plywood, wood industry

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EUROPEAN COMMISSION 

Brussels, 5.1.2011 
COM(2010) 800 final 

2010/0386 (NLE) 

Proposal for a 

COUNCIL REGULATION 

imposing a definitive anti-dumping duty on imports of okoumé plywood originating in 
the People's Republic of China following an expiry review pursuant to Article 11(2) of 
Council Regulation (EC) No 1225/2009 and terminating a partial interim review 
pursuant to Article 11(3) of Council Regulation (EC) No 1225/2009 

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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 expiry review concerning 
imports of okoumé plywood originating in the People's Republic of China. 

•  General context 

This proposal is made in the context of 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 

A definitive anti-dumping duty on imports of okoumé plywood originating in the People's 
Republic  of  China  was  imposed  by  Council  Regulation (EC)  No  1942/2004  (OJ  L  336, 
12.11.2004, p. 4).  

•  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 

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 provide 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 11 November 2009, the Commission announced by a notice (‘notice of initiation’), 
published  in  the  Official  Journal  of  the  European  Union,  the  initiation  of  an  expiry 
review and a partial interim review of the anti-dumping measures applicable to imports 

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of okoumé plywood originating in the People's Republic of China. 

The  review  was  initiated  following  a  substantiated  request  lodged  by  the  European 
Federation of the Plywood Industry (FEIC) on behalf of Union producers representing 
a  major  proportion,  in  this  case  more  than  50%  of  the  Union  production  of  okoumé 
plywood.  

The  enclosed  Commission  proposal  for  a  Council  Regulation  imposing  anti-dumping 
duties  contains  the  definitive  conclusions  regarding  likelihood  of  recurrence  and/or 
continuation of dumping and injury and Union interest. The investigation showed that 
there  is  a  likelihood  of  recurrence  of  injurious  dumping  to  the  Union  industry  if 
measures are repealed. 

It  is  proposed  that  the  Council  adopt  the  attached  proposal  for  a  Regulation  which 
should  be  published  in  the  Official  Journal  of  the  European  Union  by  10  February 
2011 at the latest. 

•  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 (‘the basic 
Regulation’). 

•  Subsidiarity principle 

The  proposal  falls  under  the  exclusive  competence  of  the  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. 

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: 

The above-mentioned basic Regulation does not provide for alternative options. 

4) BUDGETARY IMPLICATION 

The proposal has no implication for the Union budget. 

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2010/0386 (NLE) 

Proposal for a 

COUNCIL REGULATION 

imposing a definitive anti-dumping duty on imports of okoumé plywood originating in 
the People's Republic of China following an expiry review pursuant to Article 11(2) of 
Council Regulation (EC) No 1225/2009 and terminating a partial interim review 
pursuant to Article 11(3) of Council Regulation (EC) No 1225/2009 

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 Community1 (‘the basic 
Regulation’), and in particular Articles 11(2) and 11(3) thereof, 

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

Whereas: 

1. 

(1) 

2. 

(2) 

(3) 

A. 

PROCEDURE 

Measures in force 

The Council, following an anti-dumping investigation ('the original investigation'), by 
Regulation  (EC)  No  1942/20042,  imposed  a  definitive  anti-dumping  duty  on  imports 
of  okoumé  plywood  originating  in  the  People's  Republic  of  China  (PRC).  The  duty 
levels imposed were ranging from 6,5% to 23,5% for four producers and 66,7% for all 
other producers.  

Request for an expiry review and ex officio initiation of a partial interim review 

Following  the  publication  of  a  notice  of  impending  expiry3  of  the  anti-dumping 
measures  in  force  on  imports  of  okoumé  plywood  originating  in  the  PRC,  the 
Commission received a request for an expiry review pursuant to Article 11(2) of the 
basic Regulation. 

The  expiry  review  was  lodged  by  the  European  Federation  of  the  Plywood  Industry 
(FEIC) ('the applicant') on behalf of Union producers representing a major proportion, 
in this case more than 50% of the Union production of okoumé plywood. The request 

1 
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3 

OJ L 343, 22.12.2009, p. 51. 
OJ L 336, 12.11.2004, p. 4. 
OJ C 114, 19.5.2009, p. 11. 

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(4) 

(5) 

was based on the grounds that the expiry of the measures would be likely to result in a 
continuation or recurrence of dumping and recurrence of injury to the Union industry.  

In addition, following a French court proceeding into anti-competitive behaviour of a 
number of French producers of okoumé plywood, it was considered that it could not 
be  excluded  that  this  could  have  had  distorted  the  injury  assessment  in  the  original 
investigation. Therefore it was considered appropriate to also initiate in parallel an ex 
officio interim review pursuant to Article 11(3) of the basic Regulation to re-examine 
the injury situation of the Union industry in particular in comparison to the situation 
which prevailed in the investigation period of the original investigation. 

Having determined, after consulting the Advisory Committee, that sufficient evidence 
existed for the initiation of an expiry review and a partial interim review limited to the 
examination of injury pursuant to Articles 11(2) and 11(3) of the basic Regulation, the 
Commission published a notice of initiation of these reviews in the Official Journal of 
the European Union4 (notice of initiation).  

3. 

Investigation 

3.1.  Investigation period 

(6) 

(7) 

(8) 

(9) 

The investigation of the likelihood of continuation or recurrence of dumping covered 
the  period  from  1 October  2008  to  30  September  2009  (the  ‘review  investigation 
period’ or ‘RIP’).  

The  examination  of  the  trends  relevant  for  the  assessment  of  the  likelihood  of  a 
continuation or recurrence of injury covered the period from 1 January 2006 to the end 
of the RIP (the 'period considered').  

3.2.  Parties concerned by this investigation 

The  Commission  officially  advised  the  known  Union  producers,  the  exporting 
producers in the PRC, users and importers which were known to be concerned as well 
as the authorities of the PRC, of the initiation of the reviews. 

Interested parties were given an opportunity to make their views known in writing and 
to request a hearing within the time limits set in the notice of initiation. All interested 
parties,  who  so  requested  and  showed  that  there  were  particular  reasons  why  they 
should be heard, were granted a hearing. 

4. 

Sampling  

(10) 

In  view  of  the  apparent  high  number  of  Union  producers,  importers  and  exporting 
producers in the PRC it was considered appropriate, in accordance with Article 17 of 
the basic Regulation, to examine whether sampling should be used. In order to enable 
the Commission to decide whether sampling would be necessary and, if so, to select a 
sample, the above parties were requested to make themselves known within 15 days of 
the  initiation  of  the  review  and  to  provide  the  Commission  with  the  information 
requested in the notice of initiation.  

4 

OJ C 270, 11.11.2009, p. 24. 

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(11)  Only  one  Chinese  exporting  producer  came  forward  and  provided  the  requested 
information within the given deadline. It was therefore decided that sampling was not 
necessary in respect of Chinese exporting producers. A questionnaire was sent to the 
only  cooperating  Chinese  exporting  producer,  which  however  subsequently  stopped 
co-operating and never submitted a reply to the questionnaire. Therefore, as explained 
in recital (20) below, in accordance with the provisions of Article 18(1) of the basic 
Regulation, the findings were based on the facts available. 

(12)  Ten  Union  producers  provided  the  requested  information  within  the  given  deadline 
and agreed to be included in the sample. On the basis of the information received from 
the  cooperating  Union  producers,  the  Commission  selected  a  sample  of  five  Union 
producers  representing  about  40%  of  the  sales  by  all  Union  producers  to  unrelated 
customers  in  the  Union  in  the  RIP  and  about  35%  of  the  production  by  all  Union 
producers  in  the  RIP.  The  sample  was  selected  on  the  basis  of  the  largest 
representative  sales  volume  that  could  reasonably  be  investigated  within  the  time 
available and taking into account the geographical spread of the Union producers.  

(13)  The Commission sent questionnaires to the five sampled Union producers. Two of the 
sampled companies ceased cooperating after the sampling phase. Given that the three 
companies submitting questionnaire replies still represented about 30% of the sales by 
all  Union  producers  to  unrelated  customers  in  the  Union  during  the  RIP,  it  was 
considered that the sample was still representative 

(14)  The  Commission  also  sent  a  mini-questionnaire  to  the  five  producers  which  had  not 
been  selected  in  the  sample,  the  two  which  had  stopped  cooperation  and  two  other 
known producers in order to obtain information on economic indicators referring to a 
greater  number  of  EU  producers.  Replies  to  these  mini-questionnaires  were  received 
from seven producers. 

5. 

Verification of information received 

(15)  The Commission sought and verified all the information it deemed necessary for the 
purpose  of  the  determination  of  the  continuation  or  likelihood  of  recurrence  of 
dumping and injury and the Union interest. Verification visits were carried out at the 
premises of the following companies: 

5.1.  Union producers 

– 

– 

– 

GARNICA PLYWOOD S.A. (Spain); 

JEAN THEBAULT SAS (France); 

JOUBERT ST JEAN D'ANGELY SAS (France). 

5.2.  Producers in the Analogue Country 

– 

EKOL KONTRPLAK, Tasköprü (Turkey). 

B. 

PRODUCT CONCERNED AND LIKE PRODUCT 

1. 

Product concerned 

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(16)  The  product  concerned  is  the  same  as  in  the  original  investigation  and  is  defined  as 
follows: plywood consisting solely of sheets of wood, each ply not exceeding 6  mm 
thickness,  with  at  least  one  outer  ply  of  okoumé  not  coated  by  a  permanent  film  of 
other materials, originating in the PRC, currently falling within CN code ex 4412 31 
10  (previously  ex  4412  13  10).  The  product  concerned  is  used  for  a  wide  variety  of 
end-uses.  It  is  used  in  the  building  industry  in  exterior  joinery  and  carpentry 
applications  for  boarding,  shutter  boards,  exterior  basements  and  balustrades  and 
riverside  panelling.  It  is  also  used  for  more  decorative  purposes  in,  inter  alia,  road 
transports  (e.g.  cars,  coaches,  caravans,  camping  cars),  maritime  transports  (yachts), 
furniture industry and doors. 

(17)  There  are  two  main  types  of  okoumé  plywood,  plywood  made  solely  with  okoumé 
(‘full  okoumé’)  and  plywood  with  at  least  one  of  the  outer  faces  made  of  okoumé 
(‘faced  okoumé’),  the  rest  being  made  of  other  wood.  Both  main  types  of  okoumé 
plywood  have  the  same  external  appearance.  Despite  differences  in  mechanical 
properties, they all share the same basic physical characteristics, and are basically used 
for the same purposes. 

2. 

Like product 

(18)  As shown in the original investigation, and as confirmed in the present investigation, it 
has  been  established  that  the  okoumé  plywood  manufactured  in  the  PRC  and  sold 
domestically as well as the product manufactured and sold in the Union by the Union 
industry were found to have basically the same physical and technical characteristics 
and the same uses. Therefore, these products are considered to be like products within 
the meaning of Article 1(4) of the basic Regulation. 

C. 

LIKELIHOOD OF CONTINUATION OR RECURRENCE OF DUMPING 

(19) 

In  accordance  with  Article  11(2)  of  the  basic  Regulation,  it  was  examined  whether 
dumping  was  likely  to  continue  or  recur  upon  a  possible  expiry  of  the  measures  in 
force against the PRC. 

(20)  As stated in recital (11) above, in accordance with Article 18 of the basic Regulation, 
and  in  absence  of  any  co-operation  by  Chinese  exporting  producers,  the  analysis  of 
likelihood  of  continuation  or  recurrence  of  dumping  had  to  be  based  on  information 
available  to  the  Commission  from  other  sources.  In  this  respect,  since  no  detailed 
information was available about the precise product types exported to the Union from 
the  PRC,  the  comparison  of  normal  value  and  export  prices  had  to  be  limited  to  the 
two main types of okoumé plywood, referred to in recital (17) above. 

(21)  As  a  consequence,  the  analysis  was  mainly  based  on  Eurostat  trade  statistics.  In 
addition, one Chinese exporting producer had submitted until June 2009 the periodic 
monitoring reports required under recital (61) of the Council Regulation imposing the 
duties in force. To some extent, information from these reports could therefore be used 
in the analysis of likelihood of continuation or recurrence of dumping. 

1. 

Normal value 

1.1.  Analogue country 

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

(23) 

In the notice of initiation Turkey, which had already been used as analogue country in 
the  original  investigation,  was  envisaged  as  an  appropriate  analogue  country  for  the 
purpose  of  establishing  normal  value  for  the  PRC  in  the  present  expiry  review. 
Although invited to do so, none of the interested parties commented on the choice of 
Turkey. Therefore, on the basis of the information available at the time of selection, it 
was concluded that Turkey was the most appropriate analogue country. 

1.2.  Determination of normal value 

(24)  One  Turkish  producer  co-operated  and  submitted  a  questionnaire  reply.  Pursuant  to 
Article 2(7)(a) of the basic Regulation, normal value was calculated on the basis of the 
data verified at the premises of that co-operating Turkish producer as set out below. 

(25)  Normal  value  was  established  for  both  main  product  types  described  in  recital  (17) 
above.  For  one  main  product  type  normal  value  was  based  on  the  prices  paid  or 
payable  on  sales  made  in  the  domestic  market  of  Turkey,  as  these  were  found  to  be 
made  in  representative  quantities  and  in  the  ordinary  course  of  trade.  For  the  other 
main product type, which was produced by the Turkish producer but not sold on the 
domestic market, constructed normal value was used in accordance with Article 2(3) 
of the basic Regulation. 

(26)  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  on  domestic  sales  of  the  like  product,  in  the  ordinary  course  of  trade,  was 
added to the average cost of production during the RIP. 

2. 

Export price 

(27)  As stated above, in the absence of any cooperation from Chinese exporting producers 
and  in  accordance  with  Article  18  of  the  basic  Regulation,  the  export  price  was 
established on the basis of available Eurostat trade statistics. Since Eurostat does not 
contain  information  per  product  type  of  okoumé  plywood,  in  order  to  assess  export 
prices for each of the two main types of okoumé plywood, these figures were adjusted 
on the basis of the price difference in per cent between full and faced okoumé plywood 
as  observed  for  the  Turkish  cooperating  producer.  The  price  difference  so  obtained 
was then applied to the weighted average Eurostat prices. 

(28)  As for the volumes, starting from the Eurostat total volumes, Chinese export volumes 
for each of the two main types of okoumé plywood have been calculated, on the basis 
of the proportion between full okoumé and faced okoumé observed in the monitoring 
reports referred to in recital (21) above for the period overlapping with the RIP.  

3. 

Comparison 

(29) 

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 

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basis, adjustments for differences in transport costs, ocean freight and insurance costs, 
handling, loading and ancillary costs were deducted where applicable and justified. In 
the absence of co-operation from Chinese exporting producers, the amounts for these 
allowances were established on the basis of facts available. 

4. 

Dumping margin 

(30)  The dumping margin found, expressed as a percentage of the CIF Union frontier price, 

duty unpaid was 34,2 %. 

5. 

Likely development of imports should measures be repealed 

5.1.  Preliminary remarks 

(31)  Further to the analysis of the existence of dumping during the RIP, the likelihood of 
continuation of dumping was also examined. In the absence of cooperation from any 
Chinese exporting producers, conclusions about volume of imports and spare capacity 
below  are  based  on  facts  available  in  accordance  with  Article  18  of  the  basic 
Regulation, namely trade statistics and submissions by interested parties. 

5.2.  Volume of imports 

(32)  According  to  Eurostat  trade  statistics,  actual  imports  of  okoumé  plywood  from  the 
PRC into the Union significantly dropped since the original IP, but Chinese producers 
managed  to  maintain  a  presence  on  the  EU  market,  holding  a  4,7%  market  share 
during the RIP. 

5.3.  Production capacity, spare capacity 

(33) 

In the absence of co-operation from Chinese exporting producers of okoumé plywood, 
the situation of the Chinese plywood industry as a whole (producing plywood from all 
species  of  wood)  was  examined.  As  indicated  in  recital  (89)  of  Regulation  (EC)  No 
988/2004  imposing  provisional  anti-dumping  duties  in  the  course  of  the  original 
investigation, plywood producers can and do produce plywood made up from different 
species of wood on the same equipment. The applicant provided a calculation of the 
volume  of  okoumé  plywood  produced  in  the  PRC,  based  on  the  number  of  okoumé 
logs available on the Chinese market, which was estimated at around 900 000 m³ for 
the RIP. The applicant also estimated that around 85% or 765 000 m³ are used for the 
production  of  plywood.  The  actual  okoumé  plywood  production  is  difficult  to 
estimate, as the product mix, which has an important impact on the possible quantities 
produced,  is  unknown  due  to  the  lack  of  cooperation  by  any  Chinese  exporting 
producers.  However,  an  estimation  of  production  capacity  based  on  okoumé  logs 
clearly shows that, in any product mix scenario, the production capacity in the PRC is 
largely above the volumes consumed in the EU market (291 000 m3 in the RIP, see 
recital (41) below).  

(34)  Furthermore,  it  was  established  both  during  the  current  review  as  well  as  in  the 
original investigation, that plywood made from different wood species is produced by 
the same companies, on the same equipment. Therefore, it can be expected that, in the 
absence  of  measures,  Chinese  producers  which  are  currently  focussing  on  the 
production  of  other,  less  lucrative  types  of  plywood  may  increasingly  shift  their 
production toward okoumé plywood. According to Chinese export statistics, Chinese 

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exports of plywood accounted for more than 5 million m³ during the RIP, or around 
17 times  the  Union  market  of  okoumé  plywood. Consequently, only a minor shift in 
product  mix  is  needed  to  substantially  increase  the  volumes  of  okoumé  plywood 
available for export. 

5.4.  Volume  and  price  of  imports  from  the  PRC  to  the  Union  and  other  third 

countries 

(35) 

In  2009  and  based  on  Chinese  export  data,  the  Union  was  the  destination  for  only  a 
small  portion  (ca.  5%)  of  Chinese  exports  of  tropical  plywood.  As  compared  to  the 
prices  to  other  markets,  these  sales  were  made  at  relatively  high  sales  prices. 
Therefore,  it  is  likely  that,  should  measures  be  repealed,  a  larger  share  of  Chinese 
exports of okoumé plywood would be directed to the Union. 

5.5.  Conclusion on the likelihood of continuation of dumping 

(36)  The investigation showed that the product concerned is still sold on the Union market 
at  dumped  prices  and  in  not  insignificant  volumes.  Moreover,  the  information 
available indicates that the production volumes in the PRC are very high and that the 
share of its exports to the Union is currently restrained due to the measures in place. In 
this  respect,  it  can  be  expected  that  okoumé  plywood  currently  exported  to  other 
countries at lower prices will be re-directed to the Union market should measures be 
repealed.  In  addition,  Chinese  producers  of  plywood  are  expected  to  increase  their 
production  of  okoumé  plywood  if  measures  would  lapse  as  the  Union  market  of 
okoumé plywood is relatively lucrative. 

(37) 

In  view  of  these  findings,  it  is  therefore  concluded  that  there  is  a  likelihood  of 
continuation  of  dumping  should  the  current  anti-dumping  measures  be  allowed  to 
lapse. 

D. 

DEFINITION OF THE UNION INDUSTRY 

(38)  Within the Union, the like product is known to be manufactured by sixteen producers 
in Cyprus, France, Greece, Italy, Portugal and Spain. Total EU production is estimated 
at  235.000  cubic  metres.  The  Union  producers  accounting  for  the  total  Union 
production  constitute  the  Union  industry  within  the  meaning  of  Article  4(1)  of  the 
basic Regulation. During the period considered in the original investigation, the Union 
market  consisted  of  the  EU15  Member  States.  However,  since  okoumé  plywood 
production  in  the  new  EU12  Member  States  is  rather  insignificant,  a  comparison 
between the current and the original investigation will be meaningful. 

(39)  As  mentioned  in  recital  (10)  above,  a  sample  of  three  producers,  representing  about 
30% of the EU sales by all Union producers to unrelated customers during the RIP and 
about 26% of production by all Union producers during the RIP, was investigated in 
detail. The sample consisted of the following companies: 

– 

– 

– 

GARNICA PLYWOOD S.A. (Spain); 

JEAN THEBAULT SAS (France); 

JOUBERT ST JEAN D'ANGELY SAS (France). 

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E. 

SITUATION ON THE UNION MARKET 

1. 

Union consumption 

(40)  Union consumption of okoumé plywood was established on the basis of sales volumes 
of  the  Union  industry  and  of  other  Union  producers  on  the  Union  market  and  the 
volume of imports from third countries into the Union based on Eurostat data. 

(41)  Altogether,  between  the  IP  in  the  original  investigation  and  the  RIP  of  the  current 
review,  Union  consumption  has  decreased  by  35%.  During  the  period  considered  in 
the  current  review,  Union  consumption  has  decreased  by  22%.  This  is  generally 
explained by the fact that okoumé plywood has to a certain extent been substituted by 
other tropical wood species, such as red canarium, bankirai or meranti. In 2008 and the 
RIP,  the  economic  crisis  and  the  consequent  reduction  of  certain  industrial  activities 
contributed to the declining trend in demand for okoumé plywood in the Union.  

Total EU 
consumption (m3) 
Index (2006 = 100) 

2006 

2007 

2008 

375.105 
100 

382.976 
102 

339.914 
91 

RIP 

291.421 
78 

Source: questionnaire replies, review request and Eurostat 

2. 

Volume, market share and prices of imports from the PRC 

(42)  Actual imports of the product concerned into the Union dropped from 83 606 m3 in 
the original IP to 23 531 m3 in 2006. Thereafter, these imports increased by more than 
20% between 2006 and 2008 and dropped sharply between 2008 and the RIP to 54% 
of the 2006 level.  

Imports (m3) 
PRC 
Index (2006=100) 

2006 
23.531 
100 

2007 
37.023 
157 

2008 
28.493 
121 

RIP 
12.620 
54 

Source: Eurostat 

(43)  The corresponding market share increased by 3,4 percentage points between 2006 and 
2007.  It  decreased  by  1,3  percentage  points  between  2007  and  2008  and  dropped 
further  by  4,1  percentage  points  between  2008  and  the  RIP.  Altogether,  the  market 
share of Chinese imports to the EU decreased by 2 percentage points over the period 
considered. 

Market shares  
PRC 

2006 
6,3% 

2007 
9,7% 

2008 
8,4% 

RIP 
4,3% 

Source: questionnaire replies, review request and Eurostat 

(44)  Average  prices  of  imports  of  the  product  concerned  from  PRC  increased  by  32% 
between 2006 and the RIP. More specifically, these prices increased by 22% between 
2006 and 2007, further by 3 percentage points between 2007 and 2008 and by another 
7 percentage points between 2008 and the RIP. 

Imports (€/m3) 
PRC 
Index (2006=100) 

2006 
485 
100 

2007 
590 
122 

2008 
608 
125 

RIP 
642 
132 

EN 

11 

   EN 

 
Source: Eurostat  

3. 

Price undercutting 

(45)  For the purposes of analysing price undercutting the weighted average sales prices per 
product type of the sampled Union industry to unrelated customers on the EU market 
were  compared  with  the  corresponding  weighted  average  prices  of  the  imports 
concerned. The comparison was made after deduction of rebates and discounts.  

(46)  On this basis it was established that on average Chinese imports undercut the Union 

industry's sales prices by 10% during the RIP. 

(47) 

In  the  original  investigation  an  adjustment  was  made  for  the  difference  in  quality 
between the product  concerned imported from the PRC and the like product sold  by 
the  Union  industry.  In  the  present  investigation,  the  codification  of  product  types  in 
the  questionnaires  was  adjusted  in  a  way  to  take  this  into  account.  Therefore,  as  the 
quality difference was taken into account in the present investigation and since no data 
was received from Chinese exporting producers on eventual additional differences in 
quality,  the  adjustment  made  in  the  original  investigation  was  not  applied  in  the 
present  investigation.  During  the  IP  of  the  original  investigation,  the  products 
concerned originating in the PRC were sold in the Union at prices which undercut the 
Union industry's prices by margins ranging from 11% to 52%. 

4. 

Economic situation of the Union industry 

Preliminary remarks 

(48)  All injury indicators listed in Article 3(5) of the basic Regulation have been analysed. 
Indicators  on  the  production  volume,  production  capacity,  capacity  utilisation, 
employment,  sales  volume,  sales  prices,  productivity  and  market  share  have  been 
analysed  on  the  basis  of  data  collected  for  the  whole  Union  industry.  As  regards  all 
other injury indicators, their examination was based on the information submitted by 
the sampled Union producers as verified at the premises of each company. 

Data relating to the Union industry as a whole 

(a) Production 

(49)  The  production  volume  of  the  Union  industry  increased  by  31%  between  2006  and 
2007  and  dropped  by  2  percentage  points  between  2007  and  2008  and  by  another 
13 percentage  points  between  2008  and  the  RIP.  Despite  the  16%  increase  in 
production  volume  between  2006  and  the  RIP,  the  production  volume  of  the  Union 
industry  stays  below  the  volumes  found  in  the  original  investigation  i.e.  below 
283 265 m3 in 2002 and 267 591 in the original IP. 

Production 
(m3) 
Index 
(2006=100) 

2006 

2007 

2008 

RIP 

203.604 

267.155 

263.080 

235.182 

100 

131 

129 

116 

Source: questionnaire replies and review request 

(b) Production capacity and capacity utilisation  

EN 

12 

   EN 

  
(50)  The  production  capacity  of  the  Union  industry  has  increased  by  33%  between  2006 
and 2007 and further by 12 percentage points between 2007 and 2008. Between 2008 
and the RIP, production capacity remained stable. Altogether, production capacity of 
the Union industry increased by 45% over the period considered. Capacity utilisation 
was 51% in 2006 and it dropped further to 41% during the RIP.  

Production capacity (m3) 
Index (2006=100) 
Capacity utilisation 
Index (2006=100) 

2006 
399.016 
100 
51% 
100 

2007 
532.415 
133 
50% 
98 

2008 
578.484 
145 
45% 
89 

RIP 
577.205 
145 
41% 
80 

Source: questionnaire replies and review request 

(c) Employment 

(51)  The employment level of the Union industry shows an increase of 11% between 2006 
and  the  RIP.  More  specifically,  the  number  of  people  employed  increased  by  21% 
between 2006 and 2007 and remained close to this level in 2008. Between 2008 and 
the RIP the number of employees dropped by 9 percentage points. As a consequence 
of company closures and restructuring, the employment level in the period considered 
never reached the levels noted during the original investigation.  

Employment 
(persons) 
Index (2006=100) 

2006 

883 
100 

2007 

1.064 
121 

2008 

1.060 
120 

RIP 

983 
111 

Source: questionnaire replies and review request 

(d) Sales volume 

(52)  Over the period considered, the EU sales volume of the Union producers to unrelated 
customers  decreased  by  16%.  Between  2006  and  2007,  sales  remained  stable  before 
dropping in 2008 and in the RIP. Sales volumes during the period considered were in 
the  same  order  of  magnitude  as  compared  to  the  period  considered  in  the  original 
investigation. 

EU Sales volume (m3) 
Index (2006=100) 

2006 
277.739 
100 

2007 
272.341 
98 

2008 
242.728 
87 

RIP 
233.333 
84 

Source: questionnaire replies and review request 

(e) sales prices 

(53)  Between  2006  and  2007  average  sales  prices  of  the  Union  industry  on  the  Union 
market to unrelated customers increased by 13% and by a further 5 percentage points 
between 2007 and 2008. During the RIP, these prices turned back to the level of 2007. 
Altogether, EU sales prices have increased by 13% over the period considered.  

Unit price EU market 
(EUR/m3) 
Index (2006=100) 

2006 

786 
100 

2007 

885 
113 

2008 

930 
118 

RIP 

887 
113 

EN 

13 

   EN 

 
  
  
  
Source: questionnaire replies and review request 

(f) Productivity 

(54)  Productivity  of  the  Union  producers'  workforce,  measured  as  annual  output  (cubic 
metres)  per  person  employed,  increased  by  4%  over  the  period  considered.  This 
reflects the fact that production increased at a higher pace than the employment level 
and is an indication of the improved efficiency by the Union producers. 

Productivity (m3 per 
employee) 
Index (2006=100) 

2006 

231 
100 

2007 

251 
109 

2008 

248 
108 

RIP 

239 
104 

Source: questionnaire replies and review request 

(g) Market share 

(55)  The  market  share  of  the  Union  industry  increased  by  almost  6  percentage  points 
during  the  period  considered.  More  specifically,  it  dropped  by  3  percentage  points 
between 2006 and 2007 and remained fairly stable between 2007 and 2008. Between 
2008 and the RIP it increased by 8,6 percentage points to 80,2%. The increase of the 
Union  industry's  market  share  over  the  period  considered  is  reflecting  a  decrease  in 
Union sales against a more pronounced decrease in Union consumption. 

Market share EU 
producers 

2006 

74,3% 

2007 

71,3% 

2008 

71,6% 

RIP 

80,2% 

Source: questionnaire replies, review request and Eurostat 

(h) Magnitude of the dumping margin and recovery from past dumping 

(56)  During the RIP, despite the measures in force, substantial dumping continued albeit at 
an  overall  lower  level  than  that  established  in  the  original  investigation.  Given  the 
volume  and  the  price  of  the  dumped  imports,  the  impact  of  the  actual  margin  of 
dumping,  which  is  significant,  cannot  be  considered  negligible.  Although  some 
recovery  from  the  past  dumping  could  be  established,  the  Union  industry  remains 
vulnerable to the injurious effects of any dumped imports in the Union market. 

(57)  Concerning the overall situation of the Union industry, it has been found that several 
producers have closed down since the original investigation. According to information 
available, the biggest Union producer of the original IP went bankrupt in 2008 and it 
first  reduced  and  then  completely  stopped  production.  Two  other  Union  producers 
sampled  in  the  original  investigation  closed  down  in  2005  and  2006  respectively. 
Another  French  producer  also  closed  down  at  the  beginning  of  2009.  In  addition,  a 
Greek  producer  has  substantially  reduced  production.  These  developments,  even 
though  they  may  have  contributed  to  an  increased  market  share  of  the  remaining 
Union  producers,  show  that  the  Union  industry  on  the  whole  is  still  fragile  and 
vulnerable. 

Data relating to the sampled Union producers 

(a) Stocks 

EN 

14 

   EN 

  
 
(58)  The  level  of  closing  stock  of  the  sampled  Union  producers  increased  by  almost  five 
times  over  the  period  considered.  Compared  to  the  period  considered  during  the 
original investigation, where okoumé plywood was merely produced on order, higher 
volumes appear to be kept in stock. This is particularly the case in 2008 and the RIP as 
a consequence of dropping sales volumes. 

Sample 
Closing stock (m3)  
Index (2006=100) 

2006 
1.419 
100 

2007 
3.954 
279 

2008 
6.805 
480 

RIP 
6.589 
464 

Source: questionnaire replies 

(b) Wages 

(59)  The  annual  labour  cost  of  the  sampled  Union  producers  increased  by  26%  over  the 
period  considered.  More  specifically,  annual  labour  cost  increased  by  29%  between 
2006  and  2007.  Further,  it  dropped  by  3  percentage  points  between  2007  and  2008. 
Between 2008 and the RIP it remained stable. 

Sample 
Annual labour cost (EUR)  
Index (2006=100) 

2006 
6.429.123 
100 

2007 
8.262.078 
129 

2008 
8.125.944 
126 

RIP 
8.100.326 
126 

Source: questionnaire replies 

(c) Profitability and return on investments 

(60)  The  profitability  level  of  the  sampled  Union  producers  was  4,3%  in  2006  and  it 
improved to 9,8% and 8,3% in 2007 and 2008 respectively, before dropping to 5,9% 
during the RIP. The return on investments ('ROI'), expressed as the profit in percent of 
the  net  book  value  of  investments  decreased  by  51%  over  the  period  considered  or 
from 12,5% in 2006 to 6,2% in the RIP. 

Sample 
Profitability of EU (% of net sales) 
Index (2006=100) 
ROI (profit in % of net book value of investments) 
Index (2006=100) 

2006 
4,3% 
100 
12,5% 
100 

2007 
9,8% 
230 
13,6% 
109 

2008 
8,3% 
193 
12,1% 
97 

RIP 
5,9% 
137 
6,2% 
49 

Source: questionnaire replies 

(d) Cash flow and ability to raise capital 

(61)  The net cash flow of sampled Union producers from operating activities has increased 
by 32% over the period considered. There were no indications that the Union industry 
encountered difficulties in raising capital. 

Sample 
Cash flow (EUR)  
Index (2006=100) 

2006 
10.507.019 
100 

2007 
11.414.266 
109 

2008 
15.892.091 
151 

RIP 
13.853.776 
132 

Source: questionnaire replies 

(e) Investments 

(62)  The  sampled  producers'  annual  investments  in  the  production  of  the  like  product 
increased  by  10%  between  2006  and  2007,  by  100  percentage  points  between  2007 

EN 

15 

   EN 

and  2008  and  by  a  further  16  percentage  points  between  2008  and  the  RIP.  Overall, 
investments increased by 126% over the period considered.  

Sample 
Net investments (EUR)  
Index (2006=100) 

2006 
3.588.258 
100 

2007 
3.959.491 
110 

2008 
7.520.975 
210 

RIP 
8.108.166 
226 

Source: questionnaire replies 

5. 

Conclusion on the economic situation of the Union industry 

(63)  The  analysis  of  the  macroeconomic  and  microeconomic  data  shows  that  the  Union 
industry  is  in  a  relatively  stable  situation.  In  particular,  the  profitability  level  of  the 
sampled Union producers has recovered from the level of -8,9% found for the sampled 
producers in the original investigation and the average profitability level has remained 
between  4,3%  and  9,8%  throughout  the  period  considered.  The  Union  industry  also 
managed to increase its market share in a shrinking market thanks to the measures in 
force. 

F. 

LIKELIHOOD OF RECURRENCE OF INJURY 

1. 

Impact of the projected volume of imports and price effects in case of repeal of 
measures  

(64)  Although the Union industry seems to have stabilized and recovered from the effects 
of the dumped imports from PRC, they have not reached the level of production, sales 
and  employment  of  the  period  before  the  original  investigation.  A  number  of  Union 
producers closed down which also shows that the industry as a whole is still somewhat 
fragile. 

(65)  A number of elements support the likelihood of recurrence of injury in case measures 
were allowed to lapse. Firstly, in the light of the current undercutting levels found for 
imports from the PRC and assuming that the current low level of import prices would 
continue or even be reinforced in order to gain lost market share, the Union industry 
would not be in a position to maintain the current price level. This likely depression of 
prices  would  indeed  jeopardise  the  current  recovery  of  the  Union  industry  and 
undermine profitability. 

(66)  Secondly, in view of the considerable production capacities of the Chinese exporting 
producers, it is also likely that (dumped)  imports  would  increase at low price levels. 
This, in turn, would mean that the Union industry would lose sales on the market, and 
given the already low capacity utilisation rate during the RIP, this might lead to further 
reduction of production or even further closures of Union producers.  

(67)  On  the  basis  of  the  above,  it  is  concluded  that  in  case  the  measures  are  allowed  to 
expire, there is a likelihood of a recurrence of injury from renewed dumped imports of 
the product concerned from the PRC.  

Other considerations: access to raw material in Gabon 

(68)  Okoumé  is  a  tropical  wood  which  grows  predominantly  in  Gabon  and  to  a  lesser 
extent  in  Equatorial  Guinea  and  in  Cameroon.  The  complainant  association  has 
provided evidence that the Gabonese government has prohibited, as of 1 January 2010, 

EN 

16 

   EN 

the  export  of  unpeeled  okoumé  logs  from  Gabon  with  the  aim  of  keeping  the 
transformation of the logs into veneers in the country. It has been therefore examined 
whether  such  a  ban,  although  it  took  place  after  the  RIP,  would  have  a  substantial 
impact on the present analysis. 

(69) 

Information  received  in  the  investigation  has  indicated  that  Asian  companies,  which 
import/export  more  than  60%  of  Gabonese  logs,  seem  to  be  in  strong  position  to 
negotiate with the Société Nationale des Bois du Gabon (SNBG), the main exporter of 
okoumé  wood  and  with  the  Gabonese  government and  appear  less  impacted  by  the 
decision  than  European  companies.  In  the  absence  of  co-operation  of  Chinese 
exporting producers, no further impact assessment could be carried out in this respect. 

(70)  The  export  ban  entered  into  force  on  1  January  2010  only,  i.e.  after  the  RIP  and  a 
transitory period until May 2010 applied to logs already cut at the end of 2009 which 
could still be exported. In order to examine the effect of entry into force of the export 
ban on the Union producers, additional information was requested from the members 
of  the  complainant  association  on  14  September  2010.  Replies  were  received  from 
four Union producers. Two of the sampled producers have their own peeling plant in 
Gabon  and  therefore  appear  not  to  be  affected  by  the  ban.  However,  all  sampled 
producers confirmed the information that Chinese companies have a strong negotiating 
position to secure access to raw material and that the effectiveness of the enforcement 
of  the  law  is  still  to  be  seen.  Union  producers  confirmed  that  okoumé  supply  has 
decreased  and  prices  have  increased  following  the  export  ban  on  logs  in  Gabon  and 
that the producers which have an okoumé peeling plant in the EU suffer the most from 
the new situation. 

(71) 

In any event, the ban applies in principle to all exports, i.e. also exports to the PRC. 
Therefore, the new legal situation in Gabon does not seem to affect the analysis in the 
present expiry review. 

2. 

Conclusion on the likelihood of recurrence of injury 

(72)  Based on the above analysis, it is concluded that the expiry of the measures would be 
likely  to  result  in  a  recurrence  of  injury  to  the  Union  industry  caused  by  dumped 
imports of the product concerned from the PRC. 

G. 

INTERIM REVIEW LIMITED TO THE INJURY ASPECTS IN VIEW OF THE DECISION OF 

THE FRENCH CONSEIL DE LA CONCURRENCE 

(73)  As  mentioned  in  recital  (4),  a  number  of  French  producers  were  subject  to  a  French 
court  proceeding  into  anti-competitive  behaviour  due  to  which  it  was  considered 
appropriate to initiate ex officio an interim review to re-examine the injury situation of 
the Union industry in particular in comparison to the situation which prevailed in the 
investigation period of the original investigation. 

(74) 

In the above mentioned court proceeding, the French Conseil de la Concurrence fined 
six French plywood producers for anti-competitive behaviour (i.e. applying the same 
price  grills  and  simultaneous  price  increases)  during  the  period  November  1995  to 
May  2004.  In  its  judgement  of  29  September  2009,  the  Cour  d'Appel  de  Paris 
confirmed the decision of the Conseil de la Concurrence although it somewhat reduced 
the level of the fines. 

EN 

17 

   EN 

(75) 

In  the  injury  analysis  of  the  original  proceeding  five  European  producers  were 
sampled:  three  French,  one  Italian  and  one  Portuguese.  Two  of  the  three  French 
producers  in  the  sample  were  later  subject  to  the  fines  described  above.  In  order  to 
examine the possible influence of the above anti-competitive behaviour on the injury 
analysis, first the average sales prices of each of the companies in the original sample 
were compared. It was found that the two French producers which were later fined had 
indeed a higher average unit sales price than the other three companies in the sample. 
This  price  difference  can  be  partially  explained  by  the  findings  of  the  original 
investigation  i.e.  by  a  different  product  mix  of  these  producers.  However,  when 
making the comparison on a more detailed level, it appears that unit sales prices of the 
two  French  producers  in  the  original  IP  were  also  higher  for  both  full  okoumé 
plywood (7-30% higher) and faced okoumé plywood (3-19%).  

(76)  Therefore, in a next step, the data of the two fined French companies were removed 
from the injury calculation and the injury picture of the original case was examined on 
the  basis  of  the  data  from  the  remaining  three  sampled  companies.  As  the 
macroeconomic indicators (production, productivity, sales, market share, employment 
and growth) were based on information provided by ten Union producers, the data of 
the other fined French companies was removed also from this calculation. 

(77) 

It  was  found  that  the  findings  of  the  original  investigation  concerning  the  so-called 
microeconomic  indicators  would  not  change  significantly  without  the  data  from  the 
fined  French  companies.  Over  the  period  considered  in  the  original  investigation, 
profitability  of  the  sampled  companies  decreased  from  3,5%  to  -8,9%.  If  the  fined 
French producers were excluded from the sample, profitability would have decreased 
from 3,1% to -6,5%. Return on investment of the sampled companies decreased from 
15,6%  to  -27,5%;  without  the  fined  French  producers  it  would  have  decreased  from 
19,3% to -38,9%. Investments of the sampled companies dropped by 80%; without the 
fined  French  producers  it  would  have  dropped  by  86%.  Cash  flow  of  the  sampled 
producers decreased from 7,6 million EUR to 59.000 EUR; without the fined French 
producers it would have decreased from 1,5 million EUR to -69.000 EUR. Concerning 
macroeconomic  data  of  the  Union  industry  as  a  whole,  a  more  nuanced  picture 
would be noted  if  the  data  from  the  fined French producers  were  excluded.  Over the 
period  considered  in  the  original  investigation,  production  of  the  Union  industry 
decreased  by  10%;  without  the fined  French  producers  it  would  have  decreased  by 
1%. Employment  of  the  Union  industry  dropped  by  9%;  without  the  fined  French 
producers it would have remained stable. Sales value of the Union industry decreased 
by  7%;  without  the  fined  French  producers  it  would  have  increased  by  5%. 
Sales volume  of  the  Union  industry  dropped  by  10%;  without  the  fined  French 
producers it would have increased by 1%.  

(78)  Therefore,  even  if  the  injury  picture  would  look  more  nuanced  when  excluding  the 
fined  French  companies,  there  would  still  have  been  material  injury  in  the  original 
investigation. This follows, in particular, from the development of the so-called micro-
economic indicators. 

(79) 

It  has  also  been  examined  whether  the  anti-competitive  behaviour  of  the  French 
producers could have had a potential effect on the injury picture of the current review. 
Firstly,  since  the  cartel  stopped  in  2004,  none  of  the  indicators  could  directly  be 
influenced by anti-competitive actions any longer. Therefore it was assessed whether 
indirectly,  i.e.  through  the  cost  of  the  fines,  there  could  still  be  an  influence  on  the 

EN 

18 

   EN 

injury analysis. It has been found that none of the two French producers in the sample 
included  the  amount  of  the  fine  when  calculating  their  profitability.  Therefore  it  has 
been found that the past anti-competitive practices or the fines imposed had no effect 
on the current injury analysis. 

(80)  Based  on  the  above  analysis,  it  is  concluded  that  the  anti-competitive  behaviour  of 
French producers did not affect the injury situation of the Union industry in particular 
in  comparison  to  the  situation  which  prevailed  in  the  investigation  period  of  the 
original investigation. Therefore, the partial interim review should be terminated. 

H. 

UNION INTEREST 

(81) 

(82) 

In accordance with Article 21 of the basic Regulation, it was examined whether there 
are  compelling  reasons  not  to  maintain  the  existing  anti-dumping  measures.  The 
determination  of  the  Union  interest  was  based  on  an  appreciation  of  all  the  various 
interests  involved.  All  interested  parties  were  given  the  opportunity  to  make  their 
views known pursuant to Article 21(2) of the basic Regulation. 

It should be recalled that, in the original investigation, the adoption of measures was 
considered  not  to  be  against  the  interest  of  the  Union.  Furthermore,  the  fact  that  the 
present  investigation  is  a  review,  thus  analysing  a  situation  in  which  anti-dumping 
measures  have  already  been  in  place,  allows  the  assessment  of  any  undue  negative 
impact on the parties concerned by the current anti-dumping measures. 

(83)  On this basis it was examined whether, despite the conclusions on the likelihood of a 
continuation  or  recurrence  of  injurious  dumping,  compelling  reasons  existed  which 
would lead to the conclusion that it is not in the Union interest to maintain measures in 
this particular case. 

1. 

Interest of the Union industry and other Union producers 

(84)  The  continuation  of  the  anti-dumping  measures  on  imports  from  the  country 
concerned would enhance the possibility for the Union industry to reach a reasonable 
level of profitability, as it would help avoiding that the Union industry is pushed out of 
the market by substantial volumes of dumped imports from the PRC. Indeed, there is a 
clear likelihood of injurious dumping in substantial volumes which the Union industry 
could not withstand. The Union industry would therefore continue to benefit from the 
maintenance of the current anti-dumping measures. 

(85)  Accordingly,  it  is  concluded  that  the  maintenance  of  anti-dumping  measures  against 
the  PRC  would  clearly  be  in  the  interest  of  the  Union  industry  and  other  Union 
producers. 

2. 

Interest of unrelated importers in the Union 

(86)  Two  unrelated  Union  importers  cooperated  in  the  investigation.  Both  opposed  the 
continuation  of  the  measures  and  claimed  that  the  measures  were  ineffective,  that 
Chinese products are not comparable to like products produced by the Union industry 
due  to  quality  differences  and  expressed  doubts  about  the  competitiveness  of  the 
Union  okoumé  plywood  industry.  However,  none  of  these  claims  have  been 
substantiated. In the absence of any evidence suggesting that the current anti-dumping 

EN 

19 

   EN 

measures in force considerably affected importers, it is concluded that the continuation 
of measures will not affect the Union importers to any significant extent. 

3. 

Interest of users in the Union 

(87)  Questionnaire  replies  were  received  from  three  users  located  in  Italy,  Greece  and 
France  respectively.  Given  that  none  of  them  purchased  the  product  concerned  from 
the  PRC  and  in  the  absence  of  further  evidence  suggesting  that  the  current  anti-
dumping  measures  in  force  considerably  affected  users,  it  can  be  concluded  that  the 
maintenance of the measures would not have a significant negative impact on users in 
the Union.  

4. 

Conclusion on Union interest 

(88) 

It  is  thus  considered  that  no  compelling  Union  interest  reasons  exist  against  the 
maintenance of the measures in force. 

I. 

ANTI-DUMPING MEASURES 

(89)  All parties were informed of the essential facts and considerations on the basis of which 

it was intended to recommend that the existing measures be maintained. 

Company 

Nantong Zongyi Plywood Co., Ltd  

Zhejiang Deren Bamboo-Wood Technologies Co., Ltd 

Zhonglin Enterprise (Dangshan) Co., Ltd 

Jiaxing Jinlin Lumber Co., Ltd 

All other companies 

Rate of duty 
% 

9,6 

23,5 

6,5 

17 

66,7 

(90) 

(91) 

 They  were  also  granted  a  period  within  which  they  could  make  representations 
subsequent  to  this  disclosure.  The  submissions  and  comments  were  duly  taken  into 
consideration where warranted. 

It follows from  the above that, as  provided for by Article 11(2) and Article 11(3) of 
the  basic  Regulation,  the  anti-dumping  measures  applicable  to  imports  of  okoumé 
plywood originating in the PRC should be maintained.  

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

EN 

20 

   EN 

(93)  Any claim requesting the application of these individual anti-dumping duty rates (e.g. 
following  a  change  in  the  name  of  the  entity  or  following  the  setting  up  of  new 
production or sales entities) should be addressed to the Commission5 forthwith with all 
relevant information, in particular any modification in the company’s activities linked 
to  production,  domestic  and  export  sales  associated  with,  for  instance,  that  name 
change  or  that  change  in  the  production  and  sales  entities.  If  appropriate,  the 
Regulation  will  then  be  accordingly  amended  by  updating  the  list  of  companies 
benefiting from individual duty rates. 

(94) 

In order to minimise the risks of circumvention due to the high difference in the duty 
rates, it is considered that special measures are needed in this case to ensure the proper 
application of the anti-dumping duty. These special measures include the presentation 
to the Customs authorities of the Member States of a valid commercial invoice, which 
shall conform to the requirements set out in the Annex to this Regulation. Imports not 
accompanied  by  such  an  invoice  shall  be  made  subject  to  the  anti-dumping  duty 
applicable to 'all other companies'. 

(95)  Should  the  exports  by  one  of  the  companies  benefiting  from  lower  individual  duty 
rates increase significantly in volume after the imposition of the measures concerned, 
such an increase in volume could be considered as constituting in itself a change in the 
pattern of trade due to the imposition of measures within the meaning of Article 13(1) 
of the basic Regulation. In such circumstances and provided the conditions are met an 
anti-circumvention  investigation  may  be  initiated.  This  investigation  may,  inter  alia, 
examine  the  need  for  the  removal  of  individual  duty  rates  and  the  consequent 
imposition of a country-wide duty, 

HAS ADOPTED THIS REGULATION: 

Article 1 

(1) 

(2) 

A  definitive  anti-dumping  duty  is  hereby  imposed  on  imports  of  okoumé  plywood, 
defined  as  plywood  consisting  solely  of  sheets  of  wood,  each  ply  not  exceeding  6 
mm thickness, with at least one outer ply of okoumé not coated by a permanent film 
of  other  materials,  currently  falling  within  CN  code  ex  4412  31  10  (TARIC  code 
4412 31 10 10) and originating in the People's Republic of China. 

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

Manufacturer 

Nantong Zongyi Plywood Co., Ltd 
Xingdong Town, Tongzhou City, Jiangsu 
Province, People's Republic of China  

Rate of duty 
% 

TARIC 
additional 
code 

9,6 

A526 

5 

European Commission, Directorate-General for Trade, Directorate H, NERV-105, B-1049 Brussels. 

EN 

21 

   EN 

                                                 
Zhejiang Deren Bamboo-Wood Technologies 
Co., Ltd 
Linhai Economic Development Zone, Zhejiang, 

People's Republic of China 

Zhonglin Enterprise (Dangshan) Co., Ltd 
Xue Lou Miao Pu, Dangshan County, Anhui 

Province 235323, People's Republic of China 

Jiaxing Jinlin Lumber Co., Ltd 
North of Ganyao Town, Jiashan, Zhejiang 

Province, People's Republic of China 

23,5 

A527 

6,5 

A528 

17 

A529 

All other companies 

66,7 

A999 

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

(4) 

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

The partial interim review in accordance with Article 11(3) of Regulation (EC) No 1225/2009 
is hereby terminated 

Article 2 

Article 3 

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

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

Done at Brussels,  

For the Council 
The President 

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ANNEX  

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

(1) 

(2) 

The name and function of the official of the entity issuing the commercial invoice.  

The  following  declaration:  “I,  the  undersigned,  certify  that  the  (volume)  of  [product 
concerned]  sold  for  export  to  the  European  Union  covered  by  this  invoice  was 
manufactured  by  (company  name  and  address)  (TARIC  additional  code)  in  (country 
concerned).  I  declare  that  the  information  provided  in  this  invoice  is  complete  and 
correct.” 

Date and signature 

EN 

23 

   EN