Proposal for a COUNCIL REGULATION amending Council Implementing Regulation (EU) No 917/2011 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ceramic tiles originating in the People's Republic of China, by adding a company to the list of producers from the People's Republic of China listed in Annex I
Date: 2012-05-29
Institutions: European Commission
Subjects: China, anti-dumping duty, floor coverings, import (EU), originating product

EUROPEAN COMMISSION 

Brussels, 29.5.2012  
COM(2012) 233 final 

2012/0117 (NLE) 

Proposal for a 

COUNCIL REGULATION 

amending Council Implementing Regulation (EU) No 917/2011 imposing a definitive 
anti-dumping duty and collecting definitively the provisional duty imposed on imports 
of ceramic tiles originating in the People's Republic of China, by adding a company to 
the list of producers from the People's Republic of China listed in Annex I  

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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 ceramic tiles 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  Implementing  Regulation  (EU)  No  917/2011  imposing  a  definitive  anti-
dumping duty and collecting definitively the provisional duty imposed on imports of 
ceramic tiles 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 

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 make 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 

The attached proposal for a Council Regulation is based on the definitive finding that 
one Chinese exporting producer has met all criteria to be granted the new exporting 

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producer status and therefore be subject to the weighted average anti-dumping duty 
of 30.6%. 

•  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. 

Council  Implementing  Regulation  (EU)  No  917/2011  imposing  a  definitive  anti-
dumping duty and collecting definitively the provisional duty imposed on imports of 
ceramic tiles originating in the People's Republic of China. 

•  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. 

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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2012/0117 (NLE) 

Proposal for a 

COUNCIL REGULATION 

amending Council Implementing Regulation (EU) No 917/2011 imposing a definitive 
anti-dumping duty and collecting definitively the provisional duty imposed on imports 
of ceramic tiles originating in the People's Republic of China, by adding a company to 
the list of producers from the People's Republic of China listed in Annex I  

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 Article 9 thereof, 

Having regard to Council Implementing Regulation (EU) No 917/20112 imposing a definitive 
anti-dumping  duty  and  collecting  definitively  the  provisional  duty  imposed  on  imports  of 
ceramic tiles originating in the People's Republic of China ('Council Implementing Regulation 
(EU) No 917/2011') and in particular Article 3 thereof, 

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

Whereas: 

A. PREVIOUS PROCEDURE 

(1) 

By  Implementing  Regulation  (EU)  No  917/2011,  the  Council  imposed  a  definitive 
anti-dumping  duty  on  imports  into  the  Union  of  ceramic  tiles  originating  in  the 
People's Republic of China ('China'). Given the large number of cooperating exporting 
producers in China in the investigation that led to the imposition of the anti-dumping 
duty  ('the  original  investigation'),  a  sample  of  Chinese  exporting  producers  was 
selected and individual duty rates ranging from 26.3% to 36.5% were imposed on the 
companies included in the sample, while other cooperating companies not included in 
the sample were attributed a duty rate of 30.6%. A duty rate of 69.7% was imposed on 
all other Chinese companies. 

(2) 

Article 3 of Council Implementing Regulation (EU) No 917/2011 stipulates that where 
any new exporting producer in China provides sufficient evidence to the Commission 
that: 

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OJ L 343, 22.12.2009, p. 51. 
OJ L 238, 15.9.2011, p. 1. 

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• 

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(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

it  did  not  export  to  the  Union  the  products  described  in  Article 1(1)  of  that 
Regulation  during  the  investigation  period  (1  April  2009  to  31  March  2010)  ('the 
investigation period') (the first criterion); 

it is not related to any of the exporters or producers in China which are subject to the 
anti-dumping measures imposed by that Regulation (the second criterion); and  

it has actually exported to the Union the products concerned after  the investigation 
period  on  which  the  measures  are  based,  or  it  has  entered  into  an  irrevocable 
contractual  obligation  to  export  a  significant  quantity  to  the  Union  (the  third 
criterion);  

then Article 1(2) of that Regulation can be amended by granting the new exporting 
producer  the  duty  rate  applicable  to  the  cooperating  companies  not  included  in  the 
sample, i.e. 30.6%.  

B. NEW EXPORTING PRODUCER REQUEST 

A Chinese company ('the applicant') has applied to be granted the same treatment as 
the  companies  cooperating  in  the  original  investigation  not  included  in  the  sample 
('new exporting producer treatment'). 

An  examination  has  been  carried  out  to  determine  whether  the  applicant  fulfils  the 
criteria for being granted new exporting producer treatment as set out in Article 3 of 
Council Implementing Regulation (EU) No 917/2011. 

A  questionnaire  was  sent  to  the  applicant  who  was  asked  to  supply  evidence  to 
demonstrate that it met the three criteria mentioned above. 

The evidence provided by the Chinese exporting producer was considered sufficient to 
show that it fulfils the criteria set out in Article 3 of Council Implementing Regulation 
(EU)  No  917/2011.  This  exporting  producer  can  therefore  be  granted  the  duty  rate 
applicable  to  the  cooperating  companies  not  included  in  the  sample  (i.e.  30.6%)  and 
consequently  its  name  can  be  added  to  the  list  of  exporting  producers  in  Annex  I  to 
Council Implementing Regulation (EU) No 917/2011. 

The  applicant  and  the  Union  industry  have  been  informed  of  the  findings  of  the 
examination and were given the opportunity to submit their comments. 

All  arguments  and  submissions  made  by  interested  parties  were  analysed  and  duly 
taken into account where warranted, 

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HAS ADOPTED THIS REGULATION: 

Article 1 

The following company shall be added to the list of producers from the People's Republic of 
China listed in Annex I to Council Implementing Regulation (EU) No 917/2011: 

Name 

TARIC additional code 

Onna Ceramic Industries (China) Co., Ltd. 

B293 

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 at Brussels,  

For the Council 
The President 

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