Proposal for a COUNCIL IMPLEMENTING REGULATION extending the definitive anti-dumping duty imposed by Council Implementing Regulation (EU) No 791/2011 on imports of certain open mesh fabrics of glass fibres originating in the People's Republic of China to imports of certain open mesh fabrics of glass fibres consigned from Taiwan and Thailand, whether declared as originating in Taiwan and Thailand or not
Date: 2012-12-12
Institutions: European Commission
Subjects: China, Taiwan, Thailand, anti-dumping duty, glass fibre, import (EU), metal product, originating product

EUROPEAN 
COMMISSION 

Brussels, 12.12.2012  
COM(2012) 745 final 

2012/0353 (NLE) 

Proposal for a 

COUNCIL IMPLEMENTING REGULATION 

extending the definitive anti-dumping duty imposed by Council Implementing 
Regulation (EU) No 791/2011 on imports of certain open mesh fabrics of glass fibres 
originating in the People's Republic of China to imports of certain open mesh fabrics of 
glass fibres consigned from Taiwan and Thailand, whether declared as originating in 
Taiwan and Thailand or not 

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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 investigation of possible circumvention 
of  the  anti-dumping  measures  imposed  by  Council  Implementing  Regulation  (EU)  No 
791/2011 on imports of certain open mesh fabrics of glass fibres originating in the People's 
Republic of China ('the PRC') by imports consigned from Taiwan and Thailand. 

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 and in particular Article 13 thereof. 

Existing provisions in the area of the proposal 

The measures currently in force were imposed by Council Implementing Regulation (EU) No 
791/2011 imposing a definitive anti-dumping duty on imports of open mesh fabrics of glass 
fibres originating in the People's Republic of China. 

Consistency with the other policies and objectives of the Union 

Not applicable. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

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. 

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3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Summary of the proposed action 

On  24  May  2012  the  Commission,  by  Regulation  (EU)  No  437/2012,  initiated  an 
investigation  concerning  the  possible  circumvention  of  anti-dumping  measures  imposed  by 
Council Implementing Regulation (EU) No 791/2011 on imports of certain open mesh fabrics 
of  glass  fibres  originating  in  the  PRC  by  imports  consigned  from  Taiwan  and  Thailand, 
whether declared as originating in Taiwan and Thailand or not.  

The  Commission  has  received  a  request  pursuant  to  Articles  13(3)  and  14(5)  of  the  basic 
Regulation which contained sufficient prima facie evidence that the anti-dumping measures 
on imports of certain open mesh fabrics of glass fibres were being circumvented by means of 
transhipment via Taiwan and Thailand. 

The  request  was  lodged  on  10  April  2012  by  Saint  Gobain  Adfors  CZ  s.r.o.,  Tolnatext 
Fonalfeldolgozo  es  Muszakiszovet-gyarto  Bt.,  Valmieras  "Stikla  Skiedra"  AS  and  Vitrulan 
Technical Textiles GmbH, four Union producers of certain open mesh fabrics of glass fibres. 

The attached proposal for a Council Implementing Regulation is based on the findings of the 
investigation,  which  has  confirmed  that  transhipment  of  certain  Chinese-origin  open  mesh 
fabrics of glass fibres was taking place via Taiwan and Thailand and that all other criteria for 
the establishment of circumvention as set out in Article 13(1) of the basic Regulation are met. 

It is therefore proposed to extend the anti-dumping measures in force on certain open mesh 
fabrics of glass fibres originating in the PRC to imports of the same product consigned from 
Taiwan and Thailand. The duty corresponds to the country-wide duty on imports of certain 
open mesh fabrics of glass fibres from the PRC (62,9%). The duty shall be levied from the 
date of initiation of the investigation. 

None of the companies in Taiwan and Thailand came forward following the initiation, thus 
there are not any requests for exemption from any possible extension of the current measures. 

The relevant Council Regulation should be published in the Official Journal of the European 
Union no later than 23 February 2013. 

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 and in particular Article 13 
thereof.  

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 

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for national decision. 

Indication  of  how  the  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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2012/0353 (NLE) 

Proposal for a 

COUNCIL IMPLEMENTING REGULATION 

extending the definitive anti-dumping duty imposed by Council Implementing 
Regulation (EU) No 791/2011 on imports of certain open mesh fabrics of glass fibres 
originating in the People's Republic of China to imports of certain open mesh fabrics of 
glass fibres consigned from Taiwan and Thailand, whether declared as originating in 
Taiwan and Thailand or not 

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 13 thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

1. 

PROCEDURE 

1.1. 

Existing measures 

(1) 

By Regulation (EU) No 791/20112 (‘the original Regulation’) the Council imposed a 
definitive  anti-dumping  duty  of  62,9%  on  imports  of  certain  open  mesh  fabrics  of 
glass  fibres  originating  in  the  People’s  Republic  of  China  (‘the  PRC’)  for  all  other 
companies  than  the  ones  mentioned  in  Article  1(2)  and  Annex  1  of  that  Regulation. 
These  measures  will  hereinafter  be  referred  to  as  'the  measures  in  force'  and  the 
investigation  that  led  to  the  measures  imposed  by  the  original  Regulation  will  be 
hereinafter referred to as 'the original investigation'. 

1.2. 

Request 

(2) 

On 10 April 2012, the European Commission (‘the Commission’) received a request 
pursuant to Article 13(3) and 14(5) of the basic Regulation to investigate the possible 
circumvention of the anti-dumping measures imposed on imports of certain open mesh 
fabrics  of  glass  fibres  originating  in  the  PRC  and  to  make  imports  of  certain  open 
mesh fabrics of glass fibres consigned from Taiwan and Thailand, whether declared as 
originating in Taiwan and Thailand or not, subject to registration. 

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2 

OJ L 343, 22.12.2009, p. 51. 
OJ L 204, 9.8.2011, p. 1. 

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(3) 

(4) 

(5) 

(6) 

The request was lodged by Saint-Gobain Adfors CZ s.r.o., Tolnatext Fonalfeldolgozo 
es  Muszakiszovet-gyarto  Bt.,  Valmieras  "Stikla  Skiedra"  AS  and  Vitrulan  Technical 
Textiles GmbH, four Union producers of certain open mesh fabrics of glass fibres. 

The request contained sufficient prima facie evidence that following the imposition of 
the  measures  in  force,  a  significant  change  in  the  pattern  of  trade  involving  exports 
from  the  PRC,  Taiwan  and  Thailand  to  the  Union  occurred,  for  which  there  was 
insufficient  due  cause  or  economic  justification  other  than  the  imposition  of  the 
measures  in  force.  This  change  in  the  pattern  of  trade  stemmed  allegedly  from  the 
transhipment  of  certain  open  mesh  fabrics  of  glass  fibres  originating  in  the  PRC  via 
Taiwan and Thailand. 

Furthermore, the evidence pointed to the fact that the remedial effects of the measures 
in  force  were  being  undermined  both  in  terms  of  quantity  and  price.  The  evidence 
showed  that  these  increased  imports  from Taiwan  and  Thailand  were  made  at  prices 
below the non-injurious price established in the original investigation. 

Finally,  there  was  evidence  that  prices  of  certain  open  mesh  fabrics  of  glass  fibres 
consigned  from  Taiwan  and  Thailand  were  dumped  in  relation  to  the  normal  value 
established during the original investigation. 

1.3. 

Initiation 

(7) 

Having  determined,  after  consulting  the  Advisory  Committee,  that  sufficient  prima 
facie evidence existed for the initiation of an investigation pursuant to Articles 13(3) 
and  14(5)  of  the  basic  Regulation,  the  Commission,  initiated  an  investigation  by 
Commission Regulation (EU) No 437/20123 (‘the initiating Regulation’). Pursuant to 
Articles  13(3)  and  14(5)  of  the  basic  Regulation  the  Commission,  by  the  initiating 
Regulation,  also  directed  the  customs  authorities  to  register  imports  of  certain  open 
mesh fabrics of glass fibres consigned from Taiwan and Thailand. 

1.4. 

Investigation 

(8) 

The Commission officially advised the authorities of the PRC, Taiwan and Thailand, 
the  exporting  producers  in  those  countries,  the  importers  in  the  Union  known  to  be 
concerned and the Union industry of the initiation of the investigation. Questionnaires 
were sent to the known producers/exporters in the PRC, Taiwan and Thailand known 
to the Commission from the request or through the Taipei Representative Office and 
the Mission of the Kingdom of Thailand to the European Union. Questionnaires were 
also sent to importers in the Union named in the request. 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  initiating  Regulation.  All  parties  were  informed  that  non-
cooperation might lead to the application of Article 18 of the basic Regulation and to 
findings being based on the facts available. 

(9) 

The  anti-circumvention  questionnaire  was  sent  to  eight  companies  in  Taiwan  and  to 
seven companies in Thailand. Some Taiwanese and Thai companies came forward and 
claimed  that  they  do  not  want  to  be  considered  as  interested  parties  as  they  do  not 
produce the product under investigation and/or do not have any exports in Union. The 
remaining known companies from the two countries concerned did not come forward 

3 

OJ L 134, 24.5.2012, p. 12. 

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at all. None of the companies submitted a questionnaire reply. The anti-circumvention 
questionnaire  was  also  sent  to  fourty  four  companies  in  the  PRC.  However,  none  of 
these  exporting  producers  in  the  PRC  either  came  forward  or  submitted  a 
questionnaire reply. Questionnaires were sent also to importers in the Union but none 
of them either came forward or submitted a questionnaire reply.  

1.5. 

Investigation period 

(10)  The  investigation  period  covered  the  period  from  1  January  2009  to  31  March  2012 
(‘the IP’). Data were collected for the IP to investigate, inter alia, the alleged change 
in the pattern of trade. More detailed data were collected for the reporting period from 
1  April  2011  to  31  March  2012  (‘the  RP’)  in  order  to  examine  the  possible 
undermining of the remedial effect of the measures in force and existence of dumping. 

2. 

RESULTS OF THE INVESTIGATION 

2.1. 

General considerations 

(11) 

In  accordance  with  Article  13(1)  of  the  basic  Regulation,  the  assessment  of  the 
existence of circumvention was made by analysing successively whether there was a 
change in the pattern of trade between the PRC, Taiwan, Thailand and the Union; if 
this change stemmed from a practice, process or work for which there was insufficient 
due cause or economic justification other than the imposition of the duty; if there was 
evidence of injury or that the remedial effects of the duty were being undermined in 
terms  of  the  prices  and/or  quantities  of  the  product  under  investigation;  and  whether 
there was evidence of dumping in relation to the normal values previously established 
in the original investigation, if necessary in accordance with the provisions of Article 2 
of the basic Regulation. 

2.2. 

Product concerned and the product under investigation 

(12)  The product concerned is as defined in the original investigation: Open mesh fabrics 
of  glass  fibres,  of  a  cell  size  of  more  than  1,8  mm  both  in  length  and  in  width  and 
weighing  more  than  35  g/m2,  excluding  fibreglass  discs,  originating  in  the  People's 
Republic of China, currently falling within CN codes ex 7019 51 00 and ex 7019 59 
00. 

(13)  The product under investigation is the same as that defined in the previous recital, but 
consigned from Taiwan and Thailand, whether declared as originating in Taiwan and 
Thailand or not. 

(14)  The  investigation  showed  that  open  mesh  fabrics  of  glass  fibres,  as  defined  above, 
exported from the PRC to the Union and those consigned from Taiwan and Thailand 
to the Union have the same basic physical and technical characteristics and have the 
same uses, and are therefore to be considered as like products within the meaning of 
Article 1(4) of the basic Regulation. 

2.3. 

Degree of cooperation and determination of the trade volumes  

Taiwan 

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(15)  As  stated  in  recital  (9),  none  of  the  companies  submitted  a  questionnaire  reply,  i.e. 
there was no cooperation from the Taiwanese exporting producers, and consequently 
no on the spot verification visits were carried out. The findings in respect of imports of 
certain open mesh fabrics of glass fibres from Taiwan into the Union and exports of 
the product concerned from the PRC to Taiwan had to be made on the basis of facts 
available  in  accordance  with  Article  18(1)  of  the  basic  Regulation.  In  this  case 
COMEXT  data  was  used  to  determine  overall  import  volumes  from  Taiwan  to  the 
Union  and  Chinese  national  statistics  were  used  for  the  determination  of  the  overall 
exports from the PRC to Taiwan. 

Thailand 

(16)  The  Thai  exporting  producers  did  not  cooperate  either  as  they  also  did  not  submit 
questionnaire  replies,  thus  no  on  the  spot  verification  visits  were  carried  out.  The 
findings  in  respect  of  imports  of  certain  open  mesh  fabrics  of  glass  fibres  from 
Thailand  into  the  Union  and  exports  of  the  product  concerned  from  the  PRC  to 
Thailand  had  to  be  made  on  the  basis  of  facts  available  in  accordance  with  Article 
18(1)  of  the  basic  Regulation.  In  this  case  COMEXT  data  was  used  to  determine 
overall  import  volumes  from  Thailand  to  the  Union  and  Chinese  national  statistics 
were used for the determination of the overall exports from the PRC to Thailand.  

The People's Republic of China 

(17)  There was no cooperation from the Chinese exporting producers. Therefore, findings 
in respect  of imports  of  the product concerned into the Union and exports of  certain 
open  mesh  fabrics  of  glass  fibres  from  the  PRC  to  Taiwan  and  Thailand  had  to  be 
made  on  the  basis  of  facts  available  in  accordance  with  Article  18(1)  of  the  basic 
Regulation.  Also  in  this  case  COMEXT  data  was  used  to  determine  overall  import 
volumes  from  the  PRC  to  the  Union.  Chinese  national  statistics  were  used  for  the 
determination of the overall exports from the PRC to Taiwan and Thailand. 

(18)  The import volume recorded in COMEXT statistics covers a larger product group than 
the  product  concerned  and  the  product  under  investigation.  However,  based  on 
estimates provided by the Union industry, it could be established that a significant part 
of  this  import  volume  covered  the  product  concerned  and  the  product  under 
investigation.  Accordingly,  these  data  could  be  used  to  establish  a  change  in  the 
pattern of trade.  

2.4. 

Change in the pattern of trade 

Imports of certain open mesh fabrics of glass fibres into the Union 

(19) 

Imports  of  the  product  concerned  from  the  PRC  to  the  Union  dropped  dramatically 
subsequent to the imposition of the provisional measures in February 20114 and of the 
definitive measures in August 2011 by the original Regulation. 

Taiwan 

(20)  Total exports of the product under investigation from Taiwan to the Union increased 
significantly  in  2011  and  particularly  following  the  imposition  of  the  definitive 

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OJ L 43, 17.2.2011, p. 9. 

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measures  in  August  2011.  Based  on  COMEXT  data,  exports  from  Taiwan  to  the 
Union  surged  suddenly  in  the  second  semester  of  2011  whereas  they  were  at 
insignificant  levels  in  previous  years.  These  imports  exploded  further  in  the  quarter 
January-March  2012,  following  the  initiation  in  November  2011  of  the  anti-
circumvention  investigation  on  open  mesh  fabrics  originating  in  the  PRC  and 
consigned  via  Malaysia5.  This  trend  is  confirmed  by  the  corresponding  Chinese 
statistics with regard to exports of open mesh  fabrics of glass fibres to  Taiwan from 
the PRC.  

Thailand 

(21)  As far as Thailand is concerned, the total exports of the product under investigation to 
the  Union  also  increased  sharply  in  2011.  Based  on  COMEXT  data,  exports  from 
Thailand  to  the  Union  exploded  in  the  quarter  June-August  2011  whereas  they  were 
insignificant  in  previous  years.  These  imports  also  present  a  further  surge  in  the 
quarter  January-March  2012,  following  the  initiation  in  November  2011  of  the  anti-
circumvention  investigation  on  open  mesh  fabrics  originating  in  the  PRC  and 
consigned  via  Malaysia6.  This  trend  is  confirmed  by  the  corresponding  Chinese 
statistics with regard to exports of open mesh fabrics of glass fibres to Thailand from 
the PRC.  

(22)  Table  1  below  shows  import  quantities  of  certain  open  mesh  fabrics  of  glass  fibres 
from the PRC, Taiwan and Thailand into the Union from 1 January 2009 to 31 March 
2012. 

Import volumes 
(millions of m2) 

PRC 
Taiwan 
Thailand 

2009 

2010 

2011 

294,90
1,33
0,66

383,72 
1,03
0,04

193,07
10,67
10,40

1/4/2011 – 
31/3/2012 

121,30 
17,07 
24,11 

Source: COMEXT statistics 

The COMEXT data is provided in kilograms while the measurement of the product 
concerned is in square meters. The Union Industry provided conversion rates for the 
two codes covered by the proceeding which were used to calculate the figures in the 
Tables. 

(23)  The  data  above  clearly  show  that  imports  from  Taiwan  and  Thailand  into  the  Union 
were negligible in 2009 and 2010. However, in 2011, following the imposition of the 
measures, the imports surged suddenly and partly replaced the exports from the PRC 
on  the  Union  market  in  terms  of  volume.  Moreover,  since  the  imposition  of  the 
measures  in  force,  the  decrease  of  the  exports  from  the  PRC  to  the  Union  has  been 
significant (70%). 

Exports from the PRC to Taiwan and Thailand 

(24)  A  dramatic increase of exports of open  mesh  fabrics of glass  fibres can be observed 
from  the  PRC  to  Taiwan  within  the  same  period.  From  a  relatively  small  number  in 
2009 (748.000 m2), exports surged to 14,39 million m2 in the RP.  

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OJ L 292, 10.11.2011, p. 4. 
OJ L 292, 10.11.2011, p. 4. 

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(25)  Table  2  below  shows  exports  of  open  mesh  fabrics  of  glass  fibres  from  the  PRC  to 

Taiwan from 1 January 2009 to 31 March 2012. 

Taiwan 

2009 

2010 

2011 

1/4/2011 – 
31/3/2012 

Quantity  

(million m2) 

0,75 

2,45 

7,58 

14,39 

Yearly change (%) 

227% 

209% 

Index (2009=100) 

100 

327 

1011 

90% 

1919 

Source: Chinese statistics 

(26)  The same trend can be observed for the exports of open mesh fabrics of glass fibres 
from the PRC to Thailand. The export volume in 2009 was only 1,83 million m2 while 
in the RP exploded to 41,70 million m2. 

(27)  Table  3  below  shows  exports  of  open  mesh  fabrics  of  glass  fibres  from  the  PRC  to 

Thailand from 1 January 2009 to 31 March 2012. 

Thailand 

2009 

2010 

2011 

1/4/2011 – 
31/3/2012 

Quantity  

(million m2) 

1,83 

9,80 

25,51 

41,70 

Yearly change (%) 

436% 

160% 

Index (2009=100) 

100 

535 

1394 

63% 

2279 

Source: Chinese statistics 

(28)  To  establish  the  trend  of  the  trade  flow  of  certain  open  mesh  fabrics  of  glass  fibres 
from  the  PRC  to  Taiwan  and  Thailand,  Chinese  statistics  were  considered,  though, 
these were only available at a higher product group level than the product concerned. 
In  view  of  COMEXT  data  and  the  estimates  provided  by  the  Union  industry  on  the 
volumes classified under the two CN codes ex 7019 51 00 and ex 7019 59 00, it could 
however  be  established  that  the  product  concerned  covers  a  significant  part  of  the 
Chinese statistics. Therefore, these data could be taken into account. 

(29)  Tables 1 to 3 above clearly demonstrate that the sharp drop of Chinese exports of open 
mesh  fabrics  of  glass  fibres  to  the  Union  was  followed  by  a  significant  increase  of 
Chinese  exports  of  open  mesh  fabrics  of  glass  fibres  to  Taiwan  and  Thailand  and  a 
subsequent  drastic  increase  of  Taiwanese  and  Thai  exports  of  open  mesh  fabrics  of 
glass fibres to the Union in the RP.  

Production volumes in Taiwan and Thailand 

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(30)  As  there  was  no  cooperation  from  the  companies  in  Taiwan  and  Thailand,  no 
information could be obtained on the possible levels of the genuine production of the 
product under investigation in these two countries.  

2.5. 

Conclusion on the change in the pattern of trade 

(31)  The  overall  decrease  of  the  exports  from  the  PRC  to  the  Union  and  the  parallel 
increase of both exports from Taiwan and Thailand to the Union and of exports from 
the PRC to Taiwan and Thailand respectively, following the imposition of provisional 
measures  in  February  2011  and  of  definitive  measures  in  August  2011,  constitutes  a 
change  in  the  pattern  of  trade  between  the  above  mentioned  countries,  on  the  one 
hand, and of the exports of these countries to the Union, on the other hand. 

2.6. 

Nature of the circumvention practice 

(32)  Article  13(1)  of  the  basic  Regulation  requires  that  the  change  in  the  pattern  of  trade 
stems  from  a  practice,  process  or  work  for  which  there  is  insufficient  due  cause  or 
economic justification other than the imposition of the duty. The practice, process or 
work includes, inter alia, the consignment of the product subject to measures via third 
countries.  

Transhipment 

(33)  The  Commission  has  evidence  regarding  business  contacts  of  chinese  operators  with 
importers  in  the  Union  which  confirm  the  existence  of  transhipment  practices  via 
Thailand.  In  addition the  lack  of  cooperation  by  any  of  the  producers  of  the  product 
under  investigation  in  Taiwan  and  Thailand  points  to  transhipment  practises  taking 
place in those countries with regard to open mesh fabrics of glass fibres. Moreover, the 
recent surge in imports from these two countries indicates that it is due to Taiwanese 
and Thai traders transhipping Chinese products to the Union.  

(34)  The existence of transhipment of Chinese-origin products via Taiwan and Thailand is 

therefore confirmed. 

2.7. 

Insufficient due cause or economic justification other than the imposition of the anti-
dumping duty 

(35)  The investigation did not bring to light any other due cause or economic justification 
for  the  transhipment  than  the  avoidance  of  the  measures  in  force  on  the  product 
concerned. No elements were found, other than the duty, which could be considered as 
a  compensation  for  the  costs  of  transhipment,  in  particular  regarding  transport  and 
reloading,  of  certain  open  mesh  fabrics  of  glass  fibres  originating  in  the  PRC  via 
Taiwan and Thailand.  

2.8. 

Undermining of the remedial effect of the anti-dumping duty 

(36)  To assess whether the imported product under investigation had, in terms of quantities 
and prices, undermined the remedial effects of the measures in force on imports of the 
product  concerned,  COMEXT  data  was  used  as  the  best  data  available  concerning 
quantities  and  prices  of  exports  by  the  non-cooperating  companies  in  Taiwan  and 
Thailand.  The  prices  so  determined  were  compared  to  the  injury  elimination  level 
established for Union producers in recital (74) of the original Regulation. 

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(37)  The  increase  of  imports  from  Taiwan  to  the  Union  from  1,03  million  m2  in  2010  to 
17,07 million m2 in the RP was considered to be significant in terms of quantities. 

(38)  Also, the increase of imports from Thailand to the Union from 40.000 m2 in 2010 to 
24,11 million m2 in the RP was considered to be substantial in terms of quantities. 

(39)  The  comparison  of  the  injury  elimination  level  as  established  in  the  original 
Regulation and the weighted average export price (determined in this investigation for 
Taiwan and Thailand respectively and adjusted for post importation costs and quality 
adjustments  established in the original investigation) showed significant underselling 
for  both  countries  concerned.  It  was  therefore  concluded  that  the  remedial  effects  of 
the measures in force are being undermined in terms of both quantities and prices. 

2.9. 

Evidence of dumping  

(40)  Finally,  in  accordance  with  Article  13(1)  of  the  basic  Regulation  it  was  examined 
whether  there  was  evidence  of  dumping  in  relation  to  the  normal  value  previously 
established in the original investigation. 

(41) 

In the original Regulation the normal value was established on the basis of prices in 
Canada, which in that investigation was found to be an appropriate market economy 
analogue country for the PRC. In line with Article 13(1) of the basic Regulation it was 
considered appropriate to use the normal value as previously established in the original 
investigation.  

(42)  The  export  prices  from  Taiwan  and  Thailand,  respectively,  were  based  on  facts 
available, i.e. on the average export price of certain open mesh fabrics of glass fibres 
during the RP as reported in COMEXT. The use of facts available was due to the lack 
of cooperation by any producer of the product under investigation in the two countries 
concerned.  

(43)  For the purpose of a fair comparison between the normal value and the export price, 
due  allowance,  in  the  form  of  adjustments,  was  made  for  differences  which  affect 
prices  and  price  comparability  in  accordance  with  Article  2(10)  of  the  basic 
Regulation.  Accordingly,  adjustments  were  made  for  differences  in  transport, 
insurance and packing costs. Given that there was no cooperation from the producers 
in Taiwan, Thailand and the PRC, the adjustments had to be established on the basis of 
the  best  facts  available.  Thus,  the  adjustment  for  these  allowances  was  based  on  a 
percentage  calculated  as  the  proportion  of  the  total  transport,  insurance  and  packing 
costs  over  the  value  of  the  sales  transactions  to  the  Union  with  CIF  delivery  terms 
provided by the cooperating Chinese exporting producers in the original investigation.  

(44) 

In  accordance  with  Articles  2(11)  and  2(12)  of  the  basic  Regulation,  dumping  was 
calculated  by  comparing  the  weighted  average  normal  value  as  established  in  the 
original Regulation and the corresponding weighted average export prices of the two 
countries  concerned  during  this  investigation’s  RP,  expressed  as  a  percentage  of  the 
CIF price at the Union frontier duty unpaid. 

(45)  The  comparison  of  the  weighted  average  normal  value  and  the  weighted  average 

export price as established showed dumping. 

3. 

MEASURES 

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(46)  Given the above,  it  was concluded that the definitive anti-dumping duty imposed  on 
imports  of  certain  open  mesh  fabrics  of  glass  fibres  originating  in  the  PRC  was 
circumvented  by  transhipment  via  Taiwan  and  Thailand  pursuant  to  Article  13(1)  of 
the basic Regulation. 

(47) 

(48) 

(49) 

In  accordance  with  the  first  sentence  of  Article  13(1)  of  the  basic  Regulation,  the 
measures in force on imports of the product concerned, should be extended to imports 
of the  product under investigation,  i.e. the  same  product  but consigned from Taiwan 
and Thailand, whether declared as originating in Taiwan and Thailand or not. 

In  light  of  the  non-cooperation  in  this  investigation,  the  measures  to  be  extended 
should  be  the  measures  established  in  Article  1(2)  of  Regulation  (EU)  No  791/2011 
for "all other companies", which is presently a definitive anti-dumping duty of 62,9% 
applicable to the net, free-at-Union-frontier price, before duty. 

In accordance with Articles 13(3) and 14(5) of the basic Regulation, which provides 
that  any  extended  measure  should  apply  to  imports  which  entered  the  Union  under 
registration imposed by the initiating Regulation, duties should be collected on those 
registered imports of certain open mesh fabrics of glass fibres consigned from Taiwan 
and Thailand. 

4. 

REQUESTS FOR EXEMPTION 

(50)  As  stated  in  recital  (9)  none  of  the  producers  in  the  two  countries  concerned  came 
forward following initiation. Accordingly, no requests for exemption from the possible 
extension  of  the  measures  in  accordance  with  Article  13(4)  of  the  basic  Regulation 
were made.  

(51)  Without  prejudice  to  Article  11(3)  of  the  basic  Regulation,  the  producers  in  Taiwan 
and  Thailand  which  did  not  come  forward  in  this  proceeding  and  did  not  export  the 
product  under  investigation  to  the  Union  in  the  RP  and  which  consider  lodging  a 
request  for  an  exemption  from  the  extended  anti-dumping  duty  pursuant  to  Articles 
11(4) and 13(4) of the basic Regulation will be required to complete a questionnaire in 
order  to  enable  the  Commission  to  determine  whether  an  exemption  may  be 
warranted.  Such  exemption  may  be  granted  after  the  assessment  of  the  market 
situation, production capacity and capacity utilisation, procurement and sales and the 
likelihood  of  continuation  of  practices  for  which  there  is  insufficient  due  cause  or 
economic justification and the evidence of dumping. The Commission would normally 
also  carry  out  an  on  spot  verification  visit.  The  request  should  be  addressed  to  the 
Commission,  with  all  relevant  information,  in  particular  any  modification  in  the 
company's activities linked to the production and sales. 

(52)  Where  an  exemption  is  warranted,  the  Commission  will,  after  consultation  of  the 
Advisory  Committee,  propose  the  amendment  of  the  extended  measures  in  force 
accordingly.  Subsequently,  any  exemption  granted  will  be  monitored  to  ensure 
compliance with the conditions set therein. 

5. 

DISCLOSURE 

(53)  All interested parties were informed of the essential facts and considerations leading to 
the above conclusions and were invited to comment. Following disclosure, comments 
were received from the Department of Foreign Trade in the Ministry of Commerce of 

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Thailand.  They  requested  to  take  into  consideration  the  Thai  import  and  export 
statistics  of  open  mesh  fabrics  of  glass  fibres  as  well.  The  statistics  provided  by  the 
Thai  authorities  were  taken  into  consideration  and  proved  to  be  a  useful  source  of 
information.  However,  they  were  finally  not  used  for  the  definitive  findings  as, 
COMEXT data and Chinese national statistics showed more coherent trends. Thus the 
arguments presented did not give rise to a modification of the definitve findings. 

HAS ADOPTED THIS REGULATION: 

Article 1 

1.  The  definitive  anti-dumping  duty  applicable  to  "all  other  companies"  imposed  by  Article 
1(2) of Regulation  (EU) No  791/2011 on imports of  open  mesh  fabrics  of  glass  fibres,  of  a 
cell size of more than 1.8 mm both in length and in width and weighing more than 35 g/m2, 
excluding fibreglass discs, originating in the People's Republic of China, is hereby extended 
to  imports  of  open  mesh  fabrics  of  glass  fibres,  of  a  cell  size  of  more  than  1.8  mm  both  in 
length  and  in  width  and  weighing  more  than  35  g/m2,  excluding  fibreglass  discs,  consigned 
from  Taiwan  and  Thailand,  whether  declared  as  originating  in  Taiwan  and  Thailand  or  not, 
currently falling CN codes ex 7019 51 00 and ex 7019 59 00 (TARIC codes 7019 51 00 12, 
7019 51 00 13, 7019 59 00 12 and 7019 59 00 13). 

2. The duty extended by paragraph 1 of this Article shall be collected on imports consigned 
from  Taiwan  and  Thailand,  whether  declared  as  originating  in  Taiwan  and  Thailand  or  not, 
registered  in accordance with Article 2 of Regulation (EU) No 437/2012 and Articles 13(3) 
and 14(5) of Regulation (EC) No 1225/2009. 

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

Article 2  

1. Requests for exemption from the duty extended by Article 1 shall be made in writing in one 
of the official languages of the European Union and must be signed by a person authorised to 
represent  the  entity  requesting  the  exemption.  The  request  must  be  sent  to  the  following 
address: 

European Commission 
Directorate-General for Trade 
Directorate H 
Office: N-105 08/20 
1049 Brussels 
Belgium 
Fax (32 2) 295 65 05 

2. In accordance with Article 13(4) of Regulation (EC) No 1225/2009 the Commission, after 
consulting  the  Advisory  Committee,  may  authorise,  by  decision,  the  exemption  of  imports 
from companies which do not circumvent the anti-dumping measures imposed by Regulation 
(EU) No 791/2011, from the duty extended by Article 1. 

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Customs authorities are hereby directed to discontinue the registration of imports, established 
in accordance with Article 2 of Regulation (EU) No 437/2012. 

Article 3 

Article 4 

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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