Proposal for a COUNCIL IMPLEMENTING REGULATION imposing a definitive anti-dumping duty on imports of certain tungsten electrodes originating in the People's Republic of China following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009
Date: 2013-05-03
Institutions: European Commission
Subjects: China, anti-dumping measure, electrical equipment, import (EU), metalworking, originating product

EUROPEAN 
COMMISSION 

Brussels, 3.5.2013  
COM(2013) 256 final 

2013/0134 (NLE) 

Proposal for a 

COUNCIL IMPLEMENTING REGULATION 

imposing a definitive anti-dumping duty on imports of certain tungsten electrodes 
originating in the People's Republic of China following an expiry review pursuant to 
Article 11(2) of Council Regulation (EC) No 1225/2009 

EN 

   EN 

 
 
 
  
 
EXPLANATORY MEMORANDUM 

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 proceeding 
concerning  the  anti-dumping  duty  in  force  in  respect  of  imports  of  certain  tungsten 
electrodes originating in the People's Republic of China (‘the PRC’). 

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 
By Regulation (EC) No 260/20071 the Council imposed a definitive anti-dumping duty 
on imports of tungsten electrodes originating in the PRC. The measures took the form 
of an ad valorem duty at the level of 63,5%. Individual anti-dumping duty rates were 
granted to three Chinese exporters (rates from 17,0% to 41,0%). 

Consistency with other policies and objectives of the Union 

Not applicable. 

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. 

LEGAL ELEMENTS OF THE PROPOSAL 

1 

OJ L 72, 13.3.2007, p. 1  

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Summary of the proposed action 

On  9  March  2012,  the  Commission  announced  by  a  notice,  published  in  the  Official 
Journal of the European Union2, the initiation of an expiry review of the anti-dumping 
measures applicable to imports of tungsten electrodes originating in the PRC. 

The  review  was  initiated  following  a  substantiated  request  lodged  by  European 
Association  of  Metals  (EUROMETAUX)  on  behalf  of  Union  producers  representing 
more than 25% of the Union production of certain tungsten electrodes.  

The  review  investigation  found  continuation  of  dumping  and  injury  should  anti-
dumping  measures  be  lifted.  It  was  further  established  that  the  maintenance  of 
measures was not against the interest of the Union.  

Therefore,  it  is  suggested  that  the  Council  adopts  the  attached  proposal  for  a 
Regulation, which should be published in the Official Journal of the European Union 
by 4 June 2013 at the latest, in order to prolong the existing measures. 

Legal basis 

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

Subsidiarity principle 

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

Proportionality principle 

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

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

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 basic Regulation does not provide for alternative options. 

BUDGETARY IMPLICATION 

The proposal has no implication for the Union budget. 

2 

OJ C 71, 9.3.2012, p. 23  

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2013/0134 (NLE) 

Proposal for a 

COUNCIL IMPLEMENTING REGULATION 

imposing a definitive anti-dumping duty on imports of certain tungsten electrodes 
originating in the People's Republic of China following an expiry review pursuant to 
Article 11(2) 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 Community 3 ('the basic 
Regulation'), and in particular Article 9(4) and 11(2), (5) and (6) thereof, 

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

Whereas: 

1. 

(1) 

2. 

(2) 

(3) 

(4) 

Measures in force 

A. PROCEDURE 

Following  an  investigation  (the  'original  investigation')  the  Council,  by  Regulation 
(EC)  No  260/20074,  imposed  a  definitive  anti-dumping  duty  on  imports  of  certain 
tungsten  electrodes  originating  in  the  People’s  Republic  of  China  (‘the  PRC’)  (the 
'original measures'). The measures took the form of an ad valorem duty of 63,5% for 
all  companies  except  three  Chinese  exporting  producers  to  whom  individual  duties 
were granted. 

Initiation of an expiry review 
On  9  March  2012,  the  Commission  announced  by  a  notice  (‘Notice  of  initiation’)5, 
published  in  the  Official  Journal  of  the  European  Union,  the  initiation  of  an  expiry 
review  of  the  anti-dumping  measures  applicable  to  imports  of  certain  tungsten 
electrodes originating in the People's Republic of China ('the PRC'). 

The review was initiated following a substantiated request lodged by Eurométaux (‘the 
applicant’) on behalf of a Union producer representing more than 50%, of the Union 
production of certain tungsten electrodes. 

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

3. 

Investigation 

3.1. 

Review investigation period and the period considered 

3 
4 
5 

OJ L 343, 22.12.2009, p. 51. 
OJ L 72, 13.3.2007, p. 1. 
OJ C 71, 9.3.2012, p. 23.  

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(5) 

3.2. 

(6) 

(7) 

(8) 

The investigation of continuation or recurrence of dumping covered the period from 1 
January 2011 to 31 December 2011 (‘the review investigation period’ or ‘RIP’). The 
examination of the trends relevant for the assessment of the likelihood of continuation 
or recurrence of injury covered the period from 1 January 2008 to the end of the RIP 
(‘the period considered’). 

Parties concerned by the investigation 

The  Commission  officially  advised  the  applicant,  the  other  known  Union  producer, 
exporting producers in the PRC, unrelated importers and users known to be concerned, 
producers in the potential analogue countries and the representatives of the PRC of the 
initiation of the expiry review. Interested parties were given the opportunity to make 
their views known in writing and to request a hearing within the time limit set out 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. 

In  view  of  the  apparently  large  number  of  exporting  producers  in  the  PRC  and 
unrelated  importers  in  the  Union  involved  in  the  investigation,  sampling  was 
envisaged  in  the  Notice  of  initiation,  in  accordance  with  Article  17  of  the  basic 
Regulation. 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, pursuant to 
Article 17 of the basic Regulation, to make themselves known within 15 days of the 
publication  of  the  notice  of  initiation  and  to  provide  the  Commission  with  the 
information requested in the Notice of initiation. 

(9) 

Three  importers  made  themselves  known.  None  of  them,  however,  imported  certain 
tungsten electrodes originating in the PRC during the RIP.  

(10)  As  only  two  exporting  producers  from  the  PRC  came  forward  with  the  requested 

information it was not necessary to select a sample of exporting producers. 

(11)  The Commission sent questionnaires to all parties known to be concerned and to those 
who  made  themselves  known  within  the  deadlines  set  in  the  Notice  of  initiation. 
Replies were received from two Union producers, two exporting producers in the PRC 
and one producer in the USA.  

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

(a)  Union producers  

– 

– 

Plansee SE, Austria 

Gesellschaft für Wolfram Industrie mbH, Germany 

(b)  Exporting producers in the PRC 

– 

– 

Shandong Weldstone Tungsten Industry Co., Ltd., Zibo,  

Shaanxi Yuheng Tungsten & Molybdenum Industrial Co., Ltd Baoji  

(c)  Related company to one cooperating exporting producer in the PRC  

– 

Shanghai Weldstone Asia Co., Ltd., Shanghai 

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(d)  Related  companies  to  one  cooperating  exporting  producer  in  the  European 

Union  

–  Weldstone GmbH, Wilnsdorf, Germany 

– 

Binzel Benelux bvba, Eke – Nazareth, Belgium 

(e)  Analogue Country 

– 

Global Tungsten & Powders Corp, Towanda, USA  

B. PRODUCT UNDER REVIEW AND LIKE PRODUCT 

(13)  The  product  concerned  is  the  same  as  that  covered  by  Council  Regulation  (EC)  No 
260/2007,  namely  tungsten  welding  electrodes,  including  tungsten  bars  and  rods  for 
welding  electrodes,  containing  94%  or  more  by  weight  of  tungsten,  other  than  those 
obtained  simply  by  sintering,  whether  or  not  cut  to  length,  originating  in  the  PRC 
(‘TE’ or ‘the product under review’), currently falling within CN codes ex 8101 99 10 
and ex 8515 90 00. 

(14)  The product under review is used in welding and similar processes. TE are used in a 
wide  variety  of  industrial  sectors  such  as  construction,  shipbuilding,  automobile 
manufacturing, marine, chemical and nuclear engineering, aerospace as well as oil and 
the 
gas  pipelines.  Based  on 
substitutability of the different types of the product from the perspective of the user, 
all TE are considered to constitute a single product for the purpose of this proceeding. 

the  physical  and  chemical  characteristics  and 

(15)  The  investigation  confirmed  that,  as  in  the  original  investigation,  the  product  under 
review and that manufactured and sold on the domestic market of the PRC, as well as 
that produced and sold by the Union industry on the Union market and that produced 
and sold on the analogue country market have the same basic physical and technical 
characteristics and the same basic uses and are therefore considered to be alike within 
the meaning of Article 1(4) of the basic Regulation. 

C. LIKELIHOOD OF A CONTINUATION OR A RECURRENCE OF DUMPING 

1. 

(16) 

Preliminary remarks  

In  accordance  with  Article  11(2)  of  the  basic  Regulation,  it  was  examined  whether 
dumping was currently taking place and whether the expiry of the existing measures 
would be likely to lead to a continuation or recurrence of dumping.  

(17)  As explained above, it was not necessary to select a sample of exporting producers in 
the  PRC.  The  two  cooperating  companies  covered  the  imports  of  product  concerned 
from the PRC to the Union in a range of 80% to 85% during the RIP. On this basis, it 
was concluded that cooperation was high. 

(18)  One of the cooperating exporting producers benefited from market economy treatment 
(‘MET’) in accordance with Article 2(7)(c) of the basic Regulation, while the second 
benefited from individual treatment (‘IT’) in accordance with Article 9(5) of the basic 
Regulation, granted to them during the original investigation. It is recalled that in the 
context  of  investigations  in  accordance  with  Article  11(2)  of  the  basic  Regulation, 
MET  and  IT  are  not  reconsidered.  A  third  company,  who  did  not  cooperate  in  the 
current expiry review, was granted IT in the original investigation. 

2. 

Dumping of imports during the RIP  

2.1. 

Analogue country  

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(19)  Since  the  PRC  is  an  economy  in  transition  and  in  accordance  with  the  provisions  of 
Article  2(7)(a)  of  the  basic  Regulation,  normal  value  for  exporting  producers  not 
granted  market  economy  treatment  has  to  be  determined  on  the  basis  of  the  price  or 
constructed  value  in  an  appropriate  market  economy  third  country  (‘analogue 
country’). 

(20)  As  in  the  original  investigation,  the  United  States  of  America  (‘the  USA’)  was 
proposed as analogue country in the Notice of initiation for the purpose of establishing 
normal  value.  Interested  parties  were  given  the  opportunity  to  comment  on  the 
appropriateness of this choice. No comments were received in this regard.  

(21)  The Commission also examined whether other countries could be a reasonable choice 
of  an  analogue  country  and  identified  other  third  countries  from  which  imports  of 
tungsten  electrodes  were  recorded  in  Eurostat.  Potential  known  producers  in  these 
countries  were  contacted  and  invited  to  cooperate  in  the  investigation.  However,  no 
cooperation was obtained.  

(22) 

It was considered that the USA was representative as a reference market, especially in 
view  of  the  openness  and  competitiveness  of  their  domestic  market.  The  USA  was 
used  also  as  an  analogue  country  in  the  original  investigation.  No  new  or  changed 
circumstances  which  would  justify  a  change  appeared  to  exist  nor  were  any  such 
circumstances communicated to the Commission.  

(23)  Therefore,  the  USA  has  been  used  as  an  analogue  market  economy  country  for  the 
purpose of  this review.  The  only  known  USA producer was contacted  and agreed to 
cooperate, to reply to the questionnaire and to accept a verification visit. The verified 
sales and production figures of this company have been used for the determination of 
the normal value for companies not granted MET during the original investigation. 

2.2. 

Normal value  

(24)  For  the  company  granted  MET  in  the  original  investigation,  normal  value  has  been 
established based on its data. In accordance with Article 2(2) of the basic Regulation, 
it  was  examined  whether  the  domestic  sales  of  TE  to  independent  customers  were 
representative  during  the  RIP,  i.e.  if  the  sales  volume  of  the  product  intended  for 
domestic consumption represented 5 % or more of their exports of the product under 
review to the Union.  

(25) 

It was subsequently examined whether the domestic sales of the like product could be 
regarded as being made in the ordinary course of trade pursuant to Article 2(4) of the 
basic  Regulation,  by  establishing  the  proportion  of  profitable  sales  to  independent 
customers on the domestic market. 

(26)  For the types of the product concerned where the domestic sales were representative 
and made in the ordinary course of trade, normal value was established on the prices 
paid  by  independent  customers  in  the  exporting  country.  For  the  remaining  types  of 
the product under review the normal value had to be constructed  in accordance with 
Article  2(3)  of  the  basic  Regulation.  Therefore,  the  established  normal  value  was 
calculated using the company’s cost of manufacturing and adding selling, general and 
administrative  costs  (SG&A)  and  profit  achieved  on  the  domestic  sale  made  in  the 
ordinary course of trade in accordance with Article 2(6) of the basic Regulation. 

(27)  Following disclosure one party argued that the methodology used to determine SG&A 
expenses was different from the one used in the original investigation which may have 
had  an  impact  on  the  determination  of  the  profit  margin  used  to  calculate  the 
constructed  normal  value  in  accordance  with  Article  2(6)  of  the  basic  Regulation. 

EN 

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Further to the information already previously submitted in the investigation the party 
did  not  substantiate  its  claim  by  any  evidence.  It  is  noted  that  in  accordance  with 
Article 2(5) of the basic Regulation SG&A expenses were allocated on turnover basis 
and that this methodology was also used in the original investigation. 

(28)  Profit used in the initial investigation was not from the OCOT test (ordinary course of 
trade)  as  none  of  the  exported  types  of  the  product  concerned  were  sold  on  the 
domestic  market  in  the  ordinary  course  of  trade.  The  current  expiry  review  showed 
that some types of the product concerned were profitable and therefore, in compliance 
with Article 2(3) and (6) of the basic Regulation, profit of these profitable transactions 
was used for constructing the normal value. 

(29)  As  far  as  the  company  not  granted  MET  in  the  original  investigation  is  concerned, 
pursuant  to  Article  2(7)(a)  of  the  basic  Regulation,  normal  value  was  established  on 
the  basis  of  information  collected  from  the  cooperating  producer  in  the  analogue 
country.  Domestic  sales  of  the  producer  in  the  analogue  country  were  found  to  be 
made in sufficient quantities and in the ordinary course of trade and could thus be used 
as a basis to determine normal value for the company not granted MET. 

2.3. 

Export price  

(30)  Regarding  the  company  granted  MET,  all  export  sales  to  the  Union  were  made  via 
related  importers  and  subsequently  resold  to  related  and  unrelated  companies  in  the 
Union.  The  export  price  was  therefore  constructed,  pursuant  to  Article  2(9)  of  the 
basic Regulation, on the basis of the price at  which the  imported products  were first 
resold  to  an  independent  buyer,  duly  adjusted  for  all  costs  incurred  between 
importation and resale, as well as a reasonable margin for SG&A and profits. In this 
regard, the related companies’ own SG&A costs were used.  

(31)  Following  disclosure  one  party  argued  that  when  determining  SG&A  of  the  related 
importers, certain expenses were taken into consideration that were related to the sales 
of other products than the product concerned and that these expenses should therefore 
be  excluded.  It  is  noted  that  the  verified  SG&A  expenses  as  provided  by  the 
companies concerned were taken into consideration when constructing the export price 
in  accordance  with  Article  2(9)  of  the  basic  Regulation.  The  claim  that  the  SG&A 
expenses  reported  included  SG&A  expenses  from  sales  of  other  products  was  not 
supported by any evidence and had therefore to be rejected.  

(32) 

In  addition,  the  comments  submitted  by  on  interested  party  on  export  prices  were 
based  on  an  erroneous  quotation  of  the  relevant  currency.  Therefore  this  claim  was 
rejected. 

(33)  As far as the profit margin is concerned, none of the unrelated importers in the Union 
cooperated. In the original investigation, the profit margin of the related importers was 
used,  based  on  the  fact  that  the  activities  of  the  unrelated  importers  were  not 
sufficiently  comparable  to  that  of  the  related  importer  concerned.  The  investigation 
showed  that  the  activities  of  the  related  importer  were  the  same  during  the  RIP  as 
during the investigation period of the original investigation, i.e. the majority of the TE 
imported  was  further  integrated  into  the  main  product  produced  by  the  group,  the 
welding torch. It should also be noted that the TE are of minor value compared to the 
end-product. On this basis and as in the original investigation it was concluded that the 
related  importer’s  own  profit  margin  would  constitute  an  accurate  basis  for  a  profit 
margin to construct the export price. 

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(34)  Regarding the company granted IT in the original investigation, all export sales to the 
Union  were  made  directly  to  independent  customers  established  in  the  Union.  In 
accordance  with  Article  2(8)  of  the  basic  Regulation,  the  export  price  was  therefore 
established on the basis of the prices actually paid or payable. 

(35)  The  determination  of  the  export  price  of  all  other  producers  established  in  the  PRC 

was based on imports statistics available in the Article 14(6) database. 

(36) 

In accordance to Article 11(10) of the basic Regulation, export prices were established 
by  deducting  the  anti-dumping  duties  paid,  as  none  of  the  parties  submitted 
anyevidence  that  the  duty  was  duly  reflected  in  resale  prices  and  subsequent  selling 
prices in the Union market. 

2.4. 

Comparison 

(37)  The  comparison  between  normal  value  and  export  price  was  made  on  an  ex-works 

basis. 

(38)  For the purpose of ensuring a fair comparison between the normal value and the export 
price  of  the  both  cooperating  exporting  producers,  and  in  accordance  with  Article 
2(10)  of  the  basic  Regulation,  due  allowance  in  the  form  of  adjustments  was  made 
with regard to differences in transport, insurance and credit costs which affected prices 
and price comparability.  

2.5. 

Dumping margin 

(39)  As provided for under Article 2(11) of the basic Regulation, the dumping margin was 
established  on  the  basis  of  a  comparison  of  the  weighted  average  normal  value  with 
the weighted average export price. 

(40)  For the cooperating exporting producer granted MET in the original investigation this 
comparison showed that this company continued dumping at significant levels.  

(41)  For the cooperating exporting producer granted IT in the original investigation as well 
as  country-wide  dumping  margin  applicable  to  all  other  non-cooperating  exporting 
producers in the PRC showed a significant level of dumping even higher than in the 
original investigation.  

3. 

Development of imports should measures be repealed  

3.1. 

Preliminary remark 

(42)  Further  to  the  finding  of  the  existence  of  dumping  during  the  RIP,  the  likelihood  of 

continuation of dumping should measures be repealed was investigated.  

(43) 

In this regard, it should be noted that the cooperating exporting producers represented 
only around 10% of the total production capacity in The PRC. Therefore, findings had 
to be largely based on information submitted in the review request as well as publicly 
available information. The export price behaviour of Chinese producers to other third 
country markets, the Chinese production capacity as well as available spare capacities 
and  the  attractiveness  of  the  Union  market  for  Chinese  exporters  were  considered  in 
particular.  

3.2. 

Export price behaviour of Chinese producers to other third country markets  

(44)  As far as exports to other third country markets are concerned, it should be noted that 
the  statistical  information  available  from  Chinese  public  databases  covers  a  broader 
product scope than the product under review and therefore no meaningful analysis of 
quantities  exported  to  other  markets  or  prices  on  these  markets  could  be  made.  The 

EN 

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two  cooperating  producers  from  the  PRC  did  not  export  to  unrelated  customers  in 
other  third  markets.  On  this  basis,  the  export  prices  to  other  third  country  markets 
during  the  RIP  could  not  be  reliably  established  and  no  firm  conclusions  could  be 
drawn on the basis of the information available.  

3.3. 

Spare capacity of the Chinese producers 

(45)  The  data  on  the  basis  of  which  the  analysis  below  is  made  were  provided  by  the 
applicant  in  the  review  request  and  was  cross-checked  with  publicly  available 
information. 

(46)  On this basis, capacities of producers in the PRC were estimated at 1 600 000 kg. The 
applicant’s estimation of the capacity utilisation of Chinese producers is around 63% 
resulting in an unused capacity of about 600 000 kg, exceeding nearly five times the 
total Union consumption during the RIP. Thus, there are large quantities available for 
export from the PRC, in particular, because there are no indications that third country 
markets or the domestic market could absorb this significant spare capacity. 

3.4. 

(47) 

Volume and prices of dumped imports from the PRC 

Imports from the PRC into the Union increased by 9% over the period considered and 
reached  the  level  of  well  above  50  000  kilograms  during  the  RIP  representing 
approximately half of the total EU consumption during the RIP.  

(48)  Throughout  the  period  considered,  import  prices  were  fluctuating  and  followed  the 
same  trends  as  the  sales  prices  of  the  Union  industry  on  the  Union  market.  Overall, 
import prices increased from 2008 to the RIP by 42% and were still at dumped levels. 
The  price  growth  is  mainly  explained  by  the  higher  cost  of  the  main  raw  material 
(tungsten powder) during the RIP.  

3.5. 

Attractiveness of the Union market  

(49)  The  Union  market  is  among  the  largest  in  the  world  reaching  around  20  %  of  the 
world  consumption  of  TE.  Chinese  companies  have  shown  a  serious  interest  in 
developing their presence on the Union market which is supported by the fact that they 
maintained and even increased their significant market share of 45 % during the RIP.  

3.6. 

Conclusion of the likelihood of continuation of dumping 

(50)  The  foregoing  analysis  demonstrates  that  Chinese  imports  continued  to  enter  the 
Union market at dumped prices with significant dumping margins. Given most notably 
the  analysis  of  price  levels  on  the  Union  market,  and  the  interest  Chinese  exporters 
have shown in the Union market, as well as the significant spare capacities available in 
the PRC, going far beyond the total Union consumption, it can be concluded there is a 
strong likelihood of continuation of dumping should measures be removed. 

D. SITUATION ON THE UNION MARKET  

1. 

Definition of the Union industry  

(51)  The current investigation confirmed that TE is manufactured by two producers in the 

Union. Both producers cooperated fully with the investigation. 

(52)  The above companies constitute the Union industry within the meaning of Article 4(1) 
and  5(4)  of  the  basic  Regulation  and  will  hereafter  be  referred  to  as  the  'Union 
industry'. 

2. 

Preliminary remark  

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(53)  Since  there  are  only  two  companies  which  constitute  the  Union  industry,  the  data 
referring to the Union industry will be either presented in indexed form or ranges, so 
as to protect confidentiality pursuant to Article 19 of the basic Regulation. 

(54)  Since  imports  under  CN  code  level  from  Eurostat  also  included  products  other  than 
TE,  information  on  imports  have  been  analysed  at  TARIC  code  level,  supplemented 
by  data  collected  in  accordance  with  Article  14(6)  of  the  basic  Regulation.  TARIC 
data  are  considered  confidential  as  they  provide  a  level  of  detail  which  allows  for 
identification of parties. For this reason some information is presented in ranges. 

3. 

Union Consumption  

(55)  Union  consumption  was  established  on  the  basis  of  the  sales  volume  of  the  Union 
industry  on  the  Union  market,  and  import  data  from  Eurostat,  at  TARIC  code  level 
supplemented by information from data collected in accordance with Article 14(6) of 
the basic Regulation. 

(56)  Between  2008  and  the  RIP  (‘period  considered’),  Union  consumption  decreased  by 
16%. Consumption in the Union has decreased substantially between 2008 and 2009, 
and  has  increased  since,  without  reaching  the  pre-crisis  levels  during  the  RIP.  From 
the low peak in 2009 to the RIP, Union consumption increased by almost 40%.  

Volume (kilograms) 

2008 

Table 1 
Consumption 
2009 

2010 

RIP 

Consumption 

140 000 – 150 000 90 000 – 100 000 110 000 – 120 000  120 000 – 130 000

Index (2008=100) 

100 

61 

75 

84 

Source: Questionnaire replies, Eurostat, Article 14(6) database 

4. 

Volume and market share of dumped imports from the PRC 

(57)  The volumes and market shares of dumped imports from the PRC was established on 
the  basis  of  statistical  information  provided  at  TARIC  level  supplemented  by 
information  from  data  collected  in  accordance  with  Article  14(6)  of  the  basic 
Regulation.  

(58)  Notwithstanding  the  absolute  decrease  of  the  Union  consumption,  the  volume  of 
imports of the product under review originating in the PRC increased by 9% over the 
period considered, keeping a level well above 50 000 kg during the RIP (see Table 2). 
This  increase,  together  with  the  general  reduction  of  the  Union  consumption  during 
the period considered, led to an increase of the market share of the Chinese exporters 
to approximately half of the total Union market. 

Table 2 
Imports from the PRC 

2008 

51 771 

100 

2009 

36 188 

70 

2010 

39 953 

77 

RIP 

56 289 

109 

Volume 

Index (2008=100) 

Market share 

35% - 40% 

35% - 40% 

35% - 40% 

45% - 50% 

Source: Eurostat, Article 14(6) database 

EN 

11 

   EN 

 
  
5. 

Prices of the imports from the PRC 

5.1. 

Evolution of prices 

(59)  Prices  from  the  PRC  increased  in  the  region  of  40%  between  the  year  2008  and  the 
RIP, with a sharp increase during the RIP. The price growth is mainly explained by the 
higher cost of the main raw material (tungsten powder) during the RIP.  

Table 3 
Prices of the imports from the PRC 
2009 

2008 

Prices 
EUR/Kg 
Index (2008=100) 
Source: Eurostat, Article 14(6) database 

5.2. 

Price undercutting 

36.59 

100 

33.83 

92 

2010 

41.56 

114 

RIP 

51.83 

142 

(60)  The  investigation  revealed  that  import  prices  from  the  PRC  were  undercutting  the 
Union industry average prices. An undercutting margin of 37% was established during 
the RIP, and when including the anti-dumping duty in the calculation, the undercutting 
margin  was  still  significant  at  a  level  of  24%.  The  calculation  was  based  on  a 
comparison of the CIF export prices of the cooperating exporting producers with the 
average  Union  industry  prices  at  ex-work  level.  The  prices  were  considered 
representative for the PRC as the two cooperating exporting producers covered around 
80% of the imports of TE from the PRC. 

(61)  Following  disclosure  one  exporting  producer  claimed  that  prices  were  not  compared 
on  a  per-type  basis  and  due  to  alleged  significant  price  variations  between  different 
product types the undercutting levels calculated were not meaningful. On the basis of 
the information available, a price comparison on a per-type basis was only possible for 
part of the Union industry’s sales on the Union market and only for part of the export 
sales made to the Union. However, the party did not present evidence that would call 
into question the reasonableness of the methodology applied. This claim had therefore 
to be rejected.  

(62)  Following disclosure it was also argued that the Chinese import prices and the Union 
industry’s  sales  prices  on  the  Union  market  were  not  compared  at  the  same  level  of 
trade.  This  claim  was  not  substantiated  as  the  party  concerned  did  not  submit  any 
information  or  evidence  that  demonstrated  consistent  and  distinct  differences  in 
function and prices of the seller for the alleged different levels of trade. This claim was 
therefore rejected.  

6. 

Imports from other third countries 

(63)  The volume of imports and prices from other countries during the period considered is 
shown in the table below. The volumes and market shares of imports from other third 
countries  were  established  on  the  basis  of  statistical  information  provided  at  TARIC 
level  supplemented  by  information  from  data  collected  in  accordance  with  Article 
14(6) of the basic Regulation. 

Table 4  
Imports from other third countries 

2008 

2009 

2010 

RIP 

EN 

12 

   EN 

  
  
Vietnam 

Volume of imports (Kgs) 

27 878 

14 184 

13 776 

25 833 

Index (2008=100) 

Price EUR / Kg 

Index (2008=100) 

South Korea 

100 

44.36 

100 

Volume of imports (Kgs) 

21 299 

Index (2008=100) 

Price EUR / Kg 

Index (2008=100) 

Other third countries 

Volume of imports (Kgs) 

Index (2008=100) 

Price EUR / Kg 

Index (2008=100) 

Total 

100 

50.99 

100 

7 641 

100 

43.24 

100 

51 

45.34 

102 

8 174 

38 

44.16 

87 

6 247 

82 

59.82 

138 

49 

46.02 

104 

11 051 

52 

44.16 

87 

10 942 

143 

64.98 

150 

93 

56.01 

126 

3 319 

16 

59.31 

116 

9 186 

120 

57.75 

134 

Volume of imports (Kgs) 

56 818 

28 605 

35 779 

38 338 

Index (2008=100) 

100 

50 

63 

67 

Market share of imports 
from other third countries 

35% - 40% 

30% - 35% 

30% - 35% 

30% - 35% 

Price EUR / Kg 

46.70 

48.17 

51.25 

56.71 

Index (2008=100) 

100 

103 

110 

121 

Source: Eurostat, Article 14(6) database 

(64) 

Import volumes from other third countries to the Union market decreased during the 
period considered by around 33%. Market shares decreased over the period considered 
and  were  between  30%  to  35%  during  the  RIP.  Prices  from  other  third  countries 
increased by 21% over the same period.  

EN 

13 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(65) 

(66) 

It is recalled that in the original investigation there were no significant imports of the 
like product to the Union market other than from the PRC. The original investigation 
established  that  the  core  markets  of  the  remaining  US  and  Japanese  producers  were 
their  respective  domestic  markets.  It  was  therefore  concluded  that  imports  from 
countries other than the PRC were extremely small. 

Information  provided  by  the  Union  industry  alleged  that  there  is  no  existing 
production of TE in Vietnam and South Korea and that imports from those countries 
were in fact coming from the PRC. However, no information was obtained confirming 
this allegation during the current investigation. 

7. 

Economic situation of the Union industry  

7.1. 

Preliminary remarks 

(67)  Pursuant  to  Article  3(5)  of  the  basic  Regulation,  the  Commission  examined  all 
relevant  economic  factors  and  indices  having  a  bearing  on  the  state  of  the  Union 
industry. 

(68)  Since the Union industry is composed of only two producers, the data are reported in 

ranges for confidentiality reasons. 

7.2. 

Production, production capacity and capacity utilisation  

(69)  The Union industry’s production decreased each year during the period considered. By 
the end of RIP, the production had decreased by 29% compared to 2008. The trend has 
been particularly negative during 2009, with a decrease of more than 40%.  

Table 5 
Total Union production 

 Volume (kgs) 
Production 
Index (2008=100) 
Source: Questionnaire replies 

2008 

2009 

2010 

RIP 

60 000 – 70 000 35 000 – 40 000 50 000 – 60 000  40 000 – 50 000

100 

60 

82 

71 

(70)  Production  capacity  remained  stable  during  the  period  considered.  As  production 
decreased,  the  resulting  capacity  utilisation  showed  an  overall  decrease  of  27% 
between  2008  and  the  RIP,  reaching  a  41%  capacity  utilisation  during  the  RIP. 
Detailed data is shown below: 

Table 6 
Production capacity and capacity utilisation 

 Volume (kgs) 
Production capacity 
Index (2008=100) 
Capacity utilisation 
Index (2008=100) 
Source: Questionnaire replies 

2008 

2009 

2010 

RIP 

95 000 – 110 000 

95 000 – 110 000 

95 000 – 110 000 

95 000 – 110 000 

100 

57% 

100 

100 

35% 

60 

100 

47% 

82 

100 

41% 

73 

7.3. 

Stocks  

(71)  The level of closing stocks of the Union industry decreased by 20% between 2008 and 
the RIP. This trend is in line with the trend of decreasing consumption on the Union 
market over the same period. 

EN 

Table 7 

14 

   EN 

2008 

 Volume (kgs) 
Closing stock 
Index (2008=100) 
Source: Questionnaire replies 

5 000 – 15 000 
100 

Closing stock 

2009 

2010 

RIP 

5 000 – 15 000 
70 

5 000 – 15 000 
85 

5 000 – 15 000 
80 

7.4. 

Sales volume  

(72)  The sales volume of the Union industry on the Union market to unrelated customers 
decreased by 23% between 2008 and the RIP, with a sharp decrease between 2008 and 
2009. This negative trend has been sharper than the decrease in the total consumption, 
with the exception of year 2010.  

Table 8 
Sales to unrelated customers 

2008 

2009 

2010 

RIP 

Volume (kgs) 
Index (2008=100) 
Source: Questionnaire replies 

40 000 – 50 000 
100 

7.5. 

Market share 

25 000 – 30 000 
65 

35 000 – 40 000 
87 

30 000 – 35 000 
77 

(73)  As  a  result  of  what  observed  in  the  previous  recital  regarding  sales  volume  of  the 
Union industry on the Union market, the market share held by the Union industry fell 
during  the  period  considered.  The  Union  industry,  whilst  losing  sales  volumes,  was 
able  to  maintain  its  market  shares  through  2009  and  2010,  but  suffered  a  setback 
during the RIP, with declining sales notwithstanding the growing market. This resulted 
in  a  market  share  of  between  20%  to  25%,  slightly  lower  than  the  one  which  was 
registered at the beginning of the period considered.  

Table 9 
Union market share 

2008 
25% - 30% 
Union market share 
Index (2008=100) 
100 
Source: Questionnaire replies, Eurostat, Article 14(6) database 

2009 
25% - 30% 
107 

2010 
30% - 35% 
117 

RIP 
20% - 25% 
91 

7.6. 

Growth 

(74)  As  explained  above,  consumption  in  the  Union  has  decreased  substantially  between 
2008 and 2009, as a result of the economic downturn, and has increased since, without 
reaching the pre-crisis levels during the RIP. The Union industry, whilst losing sales 
volumes, was able to maintain its market shares through 2009 and 2010, but suffered a 
setback during the RIP, with declining sales notwithstanding the growing market. 

7.7. 

Employment and productivity  

(75)  The level of employment of the Union industry declined between 2008 and the RIP by 

13%.  

(76)  Following the fall in production, the productivity per employee, measures as output in 
kg  per  employee,  has  also  decreased  during  the  period  considered.  Detailed  data  is 
shown below: 

Table 10 
Total Union employment and productivity 

EN 

15 

   EN 

  
  
Index of employees 
Index of productivity  

Source: Questionnaire replies 

7.8. 

Unit sales prices 

2008 
100 
100 

2009 
65 
92 

2010 
84 
106 

RIP 
87 
83 

(77)  Unit sales prices of the Union industry to unrelated customers in the Union decreased 
slightly  between  2008  and  2010,  partly  reflecting  the  impact  of  the  economic  crises. 
Between 2010 and the RIP unit sales prices increased substantially. Overall, the prices 
of  the  Union  industry  increased  by  35%  during  the  period  considered.  This  price 
development, in particular between 2010 and the RIP, was caused by the increase of 
prices of the main components making up TE. 

Table 11 
Unit price of Union sales 

2008 

2009 

2010 

RIP 

80-120 
100 

80-120 
94 

80-120 
96 

100-140 
135 

Unit price of Union sales 
(EUR per unit) 
Index (2008=100) 

Source: Questionnaire replies 

7.9. 

Profitability 

(78)  Profitability improved between 2008 and the RIP, after having reached a lower level in 
2009 and 2010. However profitability remained negative throughout the whole period 
considered.  

Table 12 
Profitability 
2009 

95 

2008 

100 

2010 

95 

RIP 

104 

Profitability Union sales  
Index (2008=100) 

Source: Questionnaire replies 

7.10. 

Investment and return on investment 

(79) 

Investment in the business of the product concerned significantly decreased during the 
period considered.  

(80)  Return  on  investment  followed  the  profitability  trend.  In  2008  the  Union  industry 
registered  a  negative  return  on  investment  which  slightly  improved,  though  it 
remained negative, during the RIP.  

 Index (2008=100) 
Investments 
Return on investment 

Table 13 
Investments and Return on Investment 

2008 

100 
100 

2009 

2 
100 

2010 

23 
96 

RIP 

18 
103 

Source: Questionnaire replies  

7.11.  Cash flow and ability to raise capital 

EN 

16 

   EN 

  
  
  
(81)  The  cash-flow,  which  is  the  ability  of  the  industry  to  self-finance  its  activities, 
expressed  as  a  percentage  of  the  turnover  of  the  product  concerned,  significantly 
improved during the period considered, although it remained negative.  

Table 14 
Cash flow 

2009 

99 

2008 

100 

2010 

96 

RIP 

106 

Cash flow  
Index (2008=100) 

Source: Questionnaire replies 

7.12.  Wages 

(82)  Between 2008 and the RIP the wages of the Union industry decreased by 16% in line 

with the reduction of the number of employees.  

7.13.  Magnitude of dumping margin 

(83)  Despite the measures in force substantial dumping continued during the RIP at a level 
which  is  significantly  above  the  current  level  of  measures.  Given  the  large  spare 
capacity,  the  actual  volumes  of  imports  from  the  PRC  and  prices  significantly 
undercutting the Union industry’s sales price, the impact on the Union industry of the 
actual margins of dumping cannot be considered to be negligible. 

7.14.  Recovery from past dumping 

(84) 

It  was  analysed  whether  the  Union  industry  recovered  from  the  effects  of  past 
dumping.  Despite  the  anti-dumping  measures  in  force,  the  Union  industry  did  not 
manage  to  recover  from  past  dumping.  As  a  response  to  the  price  pressure  of  the 
Chinese imports the Union industry tried to keep their market share but had losses as a 
result. 

8. 

Conclusion on the situation of the Union industry  

(85)  The  Union  industry  remained  in  a  vulnerable  economic  situation  and  continued  to 
suffer  material  injury.  Almost  all  injury  indicators  relating  to  the  financial 
performance  of  the  Union  industry  deteriorated  during  the  period  considered. 
Consequently, it could not be concluded that the situation of the Union industry was 
secure.  

(86)  As a response to the price pressure of the Chinese imports the Union industry tried to 
keep its market share, but selling at prices largely below the break-even level. Indeed, 
the  increase  of  the  sales  prices  of  the  Union  industry  between  2010  and  the  RIP  is 
linked  to  the  increase  of  raw  material  prices  and  did  not  cover  the  total  cost  of  the 
Union industry. 

(87) 

In  conclusion,  the  difficulties  of  the  Union  industry  can  be  clearly  linked  to  the 
massive  presence  of  Chinese  low-priced  imports  of  the  product  under  review  on  the 
Union market, which are sold at significantly dumped prices, despite the measures in 
force. This factor was enough to determine a situation where the Union industry suffer 
losses in an attempt to keep a reasonable market share. In addition, these difficulties 
have  been  further  deepened  throughout  almost  the  entire  period  considered  by  two 
factors: the downturn of the market during the economic crisis of 2008-09 and, even if 
to a minor extent, the sudden increase of raw material costs during the RIP. This led to 
a scenario where losses have reached significant levels.  

EN 

17 

   EN 

  
(88) 

In view of the negative development of the indicators pertaining to the Union industry, 
it is considered that the Union industry continued to suffer material injury within the 
meaning of the Article 3(5) of the basic Regulation during the period considered. 

E. LIKELIHOOD OF CONTINUATION OF INJURY 

1. 

Preliminary remarks 

(89)  During  the  period  considered,  the  Union  industry  appeared  in  a  vulnerable  situation, 

still exposed to the injurious effect of the dumped imports from the PRC.  

(90) 

2. 

(91) 

In  accordance  with  Article  11(2)  of  the  basic  Regulation,  imports  from  the  country 
concerned were assessed in order to establish if there was a likelihood of continuation 
of injury, should measures be allowed to lapse. 

Chinese import volumes  

It is recalled that consumption on the Union market decreased significantly since the 
original  investigation  mainly  due  to  the  economic  downturn.  In  these  circumstances, 
the Chinese import volumes increased to a level well above 50 000 kg during the RIP. 
As  to  the  import  volumes,  this  has  increased  by  9%  while  the  market  share  of  the 
Union industry decreased.  

3. 

spare capacity in the PRC  

(92)  As  described  in  recital  (41),  based  on  the  information  available  there  is  significant 
spare capacity available in the PRC. It can be expected that a large part of this spare 
capacity could be used to increase imports in the Union market in the absence of anti-
dumping measures. This is because there are no indications that third country markets 
or the Chinese domestic markets could absorb the significant Chinese spare capacity. 
Therefore,  the  capacity  to  significantly  increase  imports  to  the  Union  exists.  The 
estimation  of  the  unused  capacity  would  exceed  nearly  five  times  the  Union 
consumption during the RIP. 

(93)  Moreover,  information  submitted  during  the  investigation  indicated  important 
distortions  in  the  raw  material  (ammonium  paratungstate  –  'APT')  market  used  to 
manufacture  the  product  under  review.  This  raw  material  is  subject  to  export  quotas 
imposed by the Chinese authorities as well as export taxes. This limits the exports of 
APT  and  artificially  increases  its  world  price.  These  distortions  are  likely  to  confer 
further incentives to the Chinese industry to produce and export at low prices, while 
the Union industry has to produce the like product on the basis of artificially high raw 
material prices.  

4. 

(94) 

Attractiveness of the Union market  

It  was  demonstrated  that  the  Chinese  exporting  producers  showed  a  continuous 
interest in the Union market and were able to increase import volumes at the expense 
of the sales of the Union industry. They even increased their already significant market 
share during the RIP. 

5. 

Conclusion  

(95)  The  Union  industry  had  been  suffering  from  the  effects  of  the  Chinese  dumped 
imports for several years and is currently still in a fragile economic situation.  

(96) 

If  measures  were  allowed  to  lapse  there  is  a  strong  likelihood  of  increased  dumped 
imports which could seriously threaten the existence of the Union industry. Indeed, in 
the PRC there is a significant spare capacity which is likely to be largely directed to 

EN 

18 

   EN 

(97) 

1. 

(98) 

(99) 

the Union market, at dumped prices undercutting the Union industry sales prices in the 
Union market, should measures be allowed to lapse. 

In view of the findings of the investigation, namely the continuation of dumping, the 
spare  capacity  in  the  PRC,  the  distortion  found  in  the  market  for  raw  materials,  the 
potential of the exporting producers in the PRC to redirect their export volumes to the 
Union  market,  the  price  behaviour  of  the  Chinese  exporters  clearly  undercutting  the 
prices of the Union industry and the attractiveness of the Union market, any repeal of 
the measures would point to a likelihood of continuation of injury. 

Introduction 

F. UNION INTEREST 

In accordance with Article 21 of the basic Regulation, it has been examined whether 
the  maintenance  of  the  existing  measures  would  be  against  the  Union  interest  as  a 
whole.  The  determination  of  the  Union  interest  was  based  on  an  appreciation  of  the 
various interests involved, i.e. those of the Union industry, of importers and of users. 
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 imposition 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. 

(100)  On this basis it was examined whether, despite the conclusion on the likelihood of a 
continuation  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. 

2. 

Interest of the Union industry  

(101)  In  view  of  the  situation  of  the  Union  industry  and  the  analysis  on  the  likelihood  of 
recurrence of injury, it is clear that the Union industry would be likely to experience a 
serious deterioration of its financial situation in case the anti-dumping measures were 
allowed to lapse. Throughout the period considered the Union industry lost production 
and  sales  volume  while  imports  from  the  country  concerned  increased  despite  the 
measures in force. During the same period the financial situation of the Union industry 
deteriorated as it experiences heavy losses. Therefore, effective competitive conditions 
need to be enforced on the Union market. 

(102)  It  is  considered  that  the  continuation  of  measures  would  benefit  the  Union  industry, 
which  should  then  be  able  to  increase  sales  volumes  and  improve  its  financial 
situation. By contrast, the discontinuation of the measures would seriously threaten the 
viability of the Union industry. 

3. 

Interest of users  

(103)  None  of  the  15  contacted  users  came  forward  to  cooperate.  As  in  the  original 
investigation  no  questionnaire  replies  were  received  from  interested  users.  In  the 
original investigation the non-cooperation was explained by the low impact of TE on 
their production costs as it appears that quality and reliability are primary criteria for 
customers.  Given  the  apparent  marginal  impact  of  the  product  under  review  on  the 
costs  of  downstream  products,  it  was  concluded  that  measures  would  not  adversely 
impact the user industry. 

EN 

19 

   EN 

4. 

Interest of importers 

(104)  Three  importers  contacted  the  Commission  at  the  beginning  of  the  investigation,  but 
they  were  not  considered  as  being  interested  parties  since  they  had  not  imported  the 
product concerned from the PRC during the RIP. Given that importers of TE did not 
show  any  interest  during  the  investigation,  it  was  concluded  that  it  would  not  be 
clearly against EU interest to maintain measures. 

5. 

Conclusion  

(105)  Given  the  above,  it  is  concluded  that  there  are  no  compelling  reasons  against  the 

maintenance of the current anti-dumping measures. 

G. ANTI-DUMPING MEASURES 

(106)  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. They 
were  also  granted  a  period  to  submit  comments  subsequent  to  that  disclosure.  The 
submissions and comments were duly taken into consideration where warranted.  

(107)  It  follows  from  the  above  that,  as  provided  for  by  Article  11(2)  of  the  basic 
Regulation,  the  anti-dumping  measures  applicable  to  imports  of  certain  tungsten 
electrodes originating in the PRC, imposed by Council Regulation (EC) No 260/2007 
should be maintained. 

(108)  In order to minimise the risk 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  duties.  These  special  measures,  which  only  apply  to 
companies for which an individual duty rate is introduced, include the following: 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 
residual anti-dumping duty applicable to all other producers. 

HAS ADOPTED THIS REGULATION: 

Article 1 

1. 

2. 

A  definitive  anti-dumping  duty  is  hereby  imposed  on  imports  of  tungsten  welding 
electrodes, including tungsten bars and rods for welding electrodes, containing 94% 
or  more  by  weight  of  tungsten,  other  than  those  obtained  simply  by  sintering, 
whether or not cut to length, currently falling within CN codes ex 8101 99 10 and ex 
8515 90 00 (TARIC codes 8101 99 10 10 and 8515 90 00 10) and originating in the 
People's Republic of the China.  

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

Company 

Anti-
Dumping 
Duty 

TARIC 
Additional 
Code 

Shandong Weldstone Tungsten Industry Co., Ltd 

17,0 % 

A754 

Shaanxi Yuheng Tungsten & Molybdenum Industrial Co., 

41,0 % 

A755 

EN 

20 

   EN 

Ltd 

Beijing Advanced Metal Materials Co., Ltd 

38,8 % 

A756 

All other companies 

63,5 % 

A999 

3. 

4. 

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. 

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

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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ANNEX 

The valid commercial invoice referred to in Article 1(3) of this Regulation must include a 
declaration signed by an official of the company, in the following format: 

1. The name and function of the official of the company which has issued the commercial 
invoice. 

2. The following declaration ‘I, the undersigned, certify that the [volume] of tungsten 
electrodes 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.’ 

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