Proposal for a COUNCIL REGULATION imposing a definitive anti-dumping duty on imports of ironing boards originating in the People's Republic of China, and repealing the anti-dumping measures on imports of ironing boards originating in Ukraine following an expiry review pursuant to Article 11(2) and a partial interim review pursuant to Article 11(3) of Council Regulation (EC) No 1225/2009
Date: 2013-06-24
Institutions: European Commission
Subjects: China, Ukraine, anti-dumping duty, anti-dumping measure, household article, import (EU), originating product, tariff exemption

EUROPEAN 
COMMISSION 

Brussels, 24.6.2013  
COM(2013) 444 final 

2013/0212 (NLE) 

Proposal for a 

COUNCIL REGULATION 

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

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Grounds for and objectives of the proposal 

This  proposal  concerns  the  application  of  Council  Regulation  (EC)  No  1225/2009  of 
30 November 2009 on protection against dumped imports from countries not members 
of  the  European  Community1  (‘the  basic  Regulation’)  in  the  expiry  review 
investigation concerning the anti-dumping duty in force in respect of imports of ironing 
boards originating in the People's Republic of China the PRC and Ukraine and in the 
partial  interim  review  investigation  concerning  the  anti-dumping  measures  applicable 
to imports of ironing boards originating in Ukraine. 

General context 

This proposal is made in the context of the implementation of the basic Regulation and 
is  the  result  of  the  investigations  which  were  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  452/20072  the  Council  imposed  a  definitive  anti-dumping 
duties  ranging  from  9.9%  to  38.1%  on  imports  of  ironing  boards  originating  in  the 
People's  Republic  of  China  and  Ukraine.  By  Regulation  (EU)  No  1243/20103  the 
Council  imposed  a  definitive  duty  on  imports  of  the  product  concerned  by  Since 
Hardware (Guangzhou) Co, a Chinese exporting producer of ironing boards.  

Consistency with other policies and objectives of the Union 

Not applicable. 

2. 

CONSULTATION  OF 
ASSESSMENTS 

Consultation of interested parties 

INTERESTED 

PARTIES  AND 

IMPACT 

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 

1 
2 
3 

OJ L 343, 22.12.2009, p. 51. 
OJ L 109, 26.4.2007, p.12 

OJ L 338, 22.12.2010, p.10. 

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exhaustive list of conditions that have to be assessed. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Summary of the proposed action 

On 25 April 2012, the Commission announced by a notice, published in the Official Journal of 
the  European  Union,  the  initiation  of  an  expiry  review  of  the  anti-dumping  measures 
applicable  to  imports  of  ironing  boards  originating  in  the  People's  Republic  of  China  and 
Ukraine. 

The  review  was  initiated  following  a  substantiated  request  by  three  Union  producers 
representing  a  major  proportion,  in  this  case  more  than  40%,  of  the  Union  production  of 
ironing boards.  

In parallel, on 12 June 2012, the Commission announced by notice, published in the Official 
Journal of the European Union, the initiation of a partial interim review of the anti-dumping 
measures applicable to imports of ironing boards originating in Ukraine for the sole exporting 
producer of ironing boards in Ukraine. 

The  expiry  review  investigation  found  continuation  of  dumped  imports  from  the  People's 
Republic of China and likelihood of recurrence of injury. Neither dumping nor likelihood of 
recurrence  of  dumping  was  found  in  respect  of  the  imports  of  the  product  concerned  from 
Ukraine. It was further established that the continuation of measures applicable to imports of 
ironing  boards  originating  in  the  People's  Republic  of  China  and  repeal  of  the  measures 
applicable to imports of ironing boards originating in Ukraine was not against the interest of 
the Union.  

The partial interim review investigation did not show the existence of dumping in respect of 
the imports of the product concerned from the Ukrainian exporting producer concerned, which 
was found representative for the whole country. 

Therefore,  it  is  suggested  that  the  Council  adopts  the  attached  proposal  for  a  Regulation  in 
order to prolong the existing measures with regard to imports of the product concerned from 
the People's Republic of China and to terminate the existing measures with regard to imports 
of the product concerned from Ukraine, which should be published in the Official Journal of 
the European Union by 25 July 2013 at the latest.  

Legal basis 

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

Subsidiarity principle 

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

Proportionality principle 

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

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

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

Choice of instruments 

Proposed instruments: regulation. 

Other means would not be adequate for the following reason: 

The basic Regulation does not provide for alternative options. 

4. 

BUDGETARY IMPLICATION  

The proposal has no implication for the Union budget. 

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2013/0212 (NLE) 

Proposal for a 

COUNCIL REGULATION 

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

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union, 

Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection 
against dumped imports from countries not members of the European Community4 (‘the basic 
Regulation’), and in particular Articles 9(4) and 11(2), (3) and (6)thereof, 

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

Whereas: 

A. PROCEDURE 

1. 

(1) 

(2) 

(3) 

Measures in force 
By  Regulation (EC)  No  452/2007  of  23  April  20075, the Council imposed definitive 
anti-dumping  duties  ranging  from  9.9%  to  38.1%  on  imports  of  ironing  boards 
originating  in  the  People’s  Republic  of  China  (‘PRC’  or  ‘China’)  and  Ukraine;  by 
Regulation (EU) No 1243/20106, the Council imposed a definitive anti-dumping duty 
on imports of ironing boards of Since Hardware (Guangzhou) Co, a Chinese exporting 
producer of ironing boards, following a new investigation pursuant to Article 5 of the 
basic Regulation ('the original investigations’).  
By  Regulation  (EU)  No  270/20107,  the  Council  imposed  a  definitive  anti-dumping 
duty on imports of ironing boards of Guangzhou Power Team Houseware Co. Ltd., a 
Chinese exporting producer of ironing boards. 
By Regulation (EU) No 580/20108, the Council amended the definitive anti-dumping 
duty  in  force  with  regard  to  imports  of  ironing  boards  originating  in  Ukraine  to  7%, 
following  a  partial  interim  review  limited  in  scope  to  dumping  pursuant  to  Article 
11(3) of the basic Regulation.  

4 
5 
6 
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8 

OJ L 343, 22.12.2009, p. 51. 

OJ L 109, 26.4.2007, p.12. 

OJ L 338, 22.12.2010, p.10. 
OJ L84, 31.3.2010, p. 13. 
OJ L 168, 2.7.2010, p.12. 

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(4) 

(5) 

(6) 

(7) 

2. 

2.1. 

(8) 

(9) 

By Regulation (EU) No 77/20109, the Council imposed a definitive anti-dumping duty 
on  imports  of  ironing  boards  of  Greenwood  Houseware  (Zhuhai)  Ltd  Co,  a  Chinese 
exporting  producer  of  ironing  boards,  following  a  new  exporter  review  pursuant  to 
Article 11(4) of the basic Regulation.  
By Regulation (EU) No 805/201010, the Council re-imposed a definitive anti-dumping 
duty  on  import  of  ironing  boards  of  Foshan  Shunde  Yongjian  Housewares  and 
Hardware  Co.  Ltd,  Foshan,  a  Chinese  exporting  producer  of  ironing  boards,  as  a 
measure to comply with the judgment of the Court of Justice in case C-141/08 P11.  
By Regulation (EU) No 987/201212, the Council re-imposed a definitive anti-dumping 
duty  on  imports  of  ironing  boards  originating  in  the  People's  Republic  of  China, 
manufactured  by  Zhejiang  Harmonic  Hardware  Products  Co.  Ltd,  as  a  measure  to 
comply with the judgment of the Court of justice in case T-274/0713. 

The  above 
investigations’.  

investigations  are  hereinafter  also  referred 

to  as  ‘the  previous 

Requests for review  

Expiry review of the anti-dumping measures in force against Ukraine and the PRC 
Following  the  publication  of  a  notice  of  impending  expiry14  of  the  anti-dumping 
measures  in  force,  the  Commission  received  on  25  January  2012  a  request  for  the 
initiation of an expiry review of these measures pursuant to Article 11(2) of the basic 
Regulation.  

The request was lodged by three Union producers representing a major proportion, in 
this case more than 40% of the Union production of ironing boards ‘(the applicants of 
the expiry review’). 

(10)  The  request  for  the  expiry  review  related  to  all  countries  currently  covered  by  the 
measures in force, namely the PRC and Ukraine, and 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. 

(11)  Having determined, after consulting the Advisory Committee, that sufficient evidence 
existed for the initiation of an expiry review, the Commission announced on 25 April 
2012  the  initiation  of  an  expiry  review  pursuant  to  Article  11(2)  of  the  basic 
Regulation,  by  a  notice  published  in  the  Official  Journal  of  the  European  Union15 
(‘expiry review notice of initiation’). 

2.2. 

Partial interim review of the anti-dumping measures in force against Ukraine as far 
as the sole exporting producer in Ukraine is concerned 

(12)  On  17  March  2012  the  Commission  received  a  request  for  the  initiation  of  a  partial 
interim  review,  limited  in  scope  to  dumping,  pursuant  to  Article  11(3)  of  the  basic 
Regulation.  The  request  was  lodged  by  Eurogold  Industries  Ltd.,  the  only  exporting 

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14 
15 

OJ L 24, 28.1.2010, p.24. 

OJ L 242, 15.09.2010, p.1. 

OJ 2009/C 282/16 

OJ L 297, 26.10.2012, p. 5. 
OJ C 223, 22.9.2007. 
OJ C 187, 28.6.2011, p. 21. 

OJ C 120, 25.4.2012, p. 9. 

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producer  of  the  product  concerned  from  Ukraine  (‘the  applicant  of  the  interim 
review’).  

(13)  According  to  the  applicant  of  the  interim  review,  the  circumstances  on  the  basis  of 
which  the  measures  have  been  established  had  changed  and  these  changes  were  of 
lasting  nature.  On  the  basis  of  these  changes  it  was  alleged  that  the  existing  anti-
dumping measures were no longer necessary to offset dumping. 

(14)  Having determined, after consulting the Advisory Committee, that sufficient evidence 
existed  for  the  initiation  of  a  partial  interim  review,  the  Commission  initiated  this 
review on 12 June 201216 (‘interim review notice of initiation’). 

3. 

Investigation  

3.1. 

Expiry review 

(a) 

Investigation period and period considered in the expiry review investigation 

(15)  The investigation of dumping and injury for the expiry review covered the period from 
1  January  2011  to  31  December  2011  ('the  expiry  review  investigation  period'  or 
'ERIP'). The examination of trends in the context of the analysis of injury covered the 
period from January 2008 to the end of the ERIP ('the period considered'). 

(b)  Parties concerned by the investigation and sampling  

(16)  The  Commission  officially  advised  the  applicants,  other  known  Union  producers, 
exporting  producers,  importers,  users  in  the  Union  known  to  be  concerned  and  their 
associations,  and  the  representatives  of  the  exporting  countries  concerned  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 in the 
expiry  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. 

(17) 

(18) 

In  view  of  the  apparent  large  number  of  Chinese  exporting  producers  and  Union 
producers,  sampling  was  envisaged  in  the  expiry  review  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  representative  sample,  Chinese  exporting  producers  were 
requested  to  make  themselves  known  to  the  Commission  and  to  provide  the 
information specified in the expiry notice of initiation. Only two exporting producer in 
the PRC made themselves known and provided the Commission with the information 
requested  in  the  expiry  review  notice  of  initiation.  Therefore,  sampling  was  not 
considered necessary.  

(19)  The sole Ukrainian exporting producer cooperated in the parallel partial interim review 
and requested that the data verified and collected in the context of the interim review 
are used for the purpose of this expiry review (see recital (31) below). 

(20)  The  Commission  announced  in  the  expiry  review  notice  of  initiation  that  it  had 
provisionally  selected  a  sample  of  Union  producers.  This  sample  consisted  of  three 
companies, out of the estimated 20-30 Union producers that were known prior to the 
initiation  of  the  investigation  to  produce  the  like  product.  The  three  sampled 
companies were selected on the basis of their sales and production volume of the like 

16 

OJ C 166, 12.6.2012, p.3. 

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product  in  2011  as  well  as  their  geographic  location  in  the  Union.  The  sample 
represented  over  40%  of  the  total  estimated  Union  production  and  sales  during  the 
ERIP  and  was  therefore  considered  representative.  Interested  parties  were  invited  to 
consult the file and to comment on the appropriateness of this choice within 15 days of 
the  date  of  publication  of  the  notice  of  initiation.  No  interested  party  commented  on 
the proposed sample.  

(21)  No  unrelated  importers  in  the  Union  made  themselves  known  and  cooperated  in  the 

expiry review investigation. 

(c)  Questionnaires and verification  

(22)  The Commission sought and verified all the information it deemed necessary for the 
determination  of  the  likelihood  of  a  continuation  or  recurrence  of  dumping  and 
resulting injury and for the determination of the Union interest.  

(23)  Questionnaires  were  sent  to  both  Chinese  exporting  producers  that  came  forward  in 
the sampling exercise. Only one of these Chinese exporting producers cooperated and 
provided a questionnaire reply.  

(24)  Questionnaire  replies  were  received  from  the  three  sampled  Union  producers.  In 
addition,  four  cooperating  Union  producers  provided  general  data  for  the  injury 
analysis. 

(25)  Verification visits were carried out at the premises of the following companies: 

• 

PRC 

– 

– 

Greenwood Houseware (Zhuhai) Limited, Guangdong, the PRC 

Brabantia S&S, Hong Kong 

• 

Union producers  

– 

– 

– 

Colombo New Scal SpA, Italy 

Rörets Polska Spółka z.o.o., Poland 

Vale Mill (Rochdale) Ltd, United Kingdom 

(26) 

In light of the need to establish a normal value for exporting producers in the PRC to 
which  MET  was  not  granted  in  the  original  investigations,  a  verification  visit  to 
establish normal value on the basis of data from an analogue country took place at the 
premises of the following company: 

• 

Ukraine 

– 

Eurogold Industries Ltd., Zhytomyr, Ukraine  

(d)  Disclosure  

(27)  All  interested  parties  were  informed  of  the  essential  facts  and  considerations  on  the 
basis of which it was intended to recommend imposing a definitive anti-dumping duty 
on  imports  of  the  product  concerned  originating  in  the  PRC  and  to  terminate  the 
investigation  concerning  the  anti-dumping  measures  applicable  to  imports  of  the 
product  concerned  originating  in  Ukraine.  The  parties  were  also  granted  a  period 
within  which  they  could  make  representations  subsequent  to  this  disclosure.  No 
comments were received.  

3.2. 

Partial interim review  

(a) 

Investigation period in the interim review investigation 

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(28)  The investigation period for the partial interim review pursuant to Article 11(3) of the 
basic Regulation concerning imports originating in Ukraine covered the period from 1 
April 2011 to 31 March 2012 ('the interim review investigation period'). A less recent 
investigation period, such as the one used for the expiry review, would not have been 
consistent with the requirements of Article 6(1) of the basic Regulation. Furthermore, 
a similar investigation period has been used in a parallel refund proceeding. 

(b)  Parties concerned by the investigation  

(29)  The  Commission  officially  advised  the  applicant  of  the  interim  review  and  the 
representatives  of  the  exporting  country  concerned  of  the  initiation  of  the  partial 
interim  review.  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  interim 
review  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. 

(c)  Questionnaires and verification 

(30)  The  Commission  sought  and  verified  all  the  information  it  deemed  necessary  for  a 
determination  of  dumping  of  the  applicant  of  the  interim  review  and  the  need  of 
continued imposition of the measures.  

(31)  The  applicant  of  the  interim  review  represented  all  the  imports  of  the  product 
concerned  from  Ukraine.  A  questionnaire  was  sent  to  this  company  that  cooperated 
and  provided  a  questionnaire  reply.  A  verification  visit  was  carried  out  at  the 
following premises: 

• 

Ukraine 

– 

Eurogold Industries Ltd., Zhytomyr, Ukraine  

(d)  Disclosure 

(32)  All  interested  parties  were  informed  of  the  essential  facts  and  considerations  on  the 
basis  of  which  it  was  intended  to  terminate  the  investigation  concerning  the  anti-
dumping  measures  applicable  to  imports  of  the  product  concerned  originating  in 
Ukraine.  The  parties  were  also  granted  a  period  within  which  they  could  make 
representations subsequent to this disclosure. No comments were received.  

B. PRODUCT CONCERNED AND LIKE PRODUCT 

(33)  The product subject to both the expiry and the partial interim reviews is the same as 
that covered by Council Regulation (EC) No 452/2007 and Council Regulation (EU) 
No 1243/2010, namely ironing boards, whether or not free-standing, with or without a 
steam  soaking  and/or  heating  top  and/or  blowing  top,  including  sleeve  boards,  and 
essential parts thereof, i.e. the legs, the top and the iron rest, originating in the People’s 
Republic of China and Ukraine (‘the product concerned), currently falling within CN 
codes ex 3924 90 00, ex 4421 90 98, ex 7323 93 00, ex 7323 99 00, ex 8516 79 70 and 
ex 8516 90 00.  

(34)  The current review investigations confirmed that, as in the original investigations, the 
product concerned and ironing boards produced and sold on the domestic markets in 
the countries concerned, ironing boards produced and sold by the  Union industry on 
the  Union  market  and  those  produced  and  sold  on  the  analogue  country  market  of 
Ukraine have the same basic physical and technical characteristics and the same basic 
uses. 

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(35)  Therefore  these  products  are  considered  to  be  like  products  within  the  meaning  of 

Article 1(4) of the basic Regulation. 

C. DUMPING, LIKELIHOOD OF A CONTINUATION AND/OR RECURRENCE OF 
DUMPING AND LASTING NATURE OF THE CHANGED CIRCUMSTANCES 

1. 

Dumping - expiry review– the PRC 

1.1. 

General remarks 

(36)  As  mentioned  above,  only  one  Chinese  exporting  producer  cooperated  in  the 
investigation,  representing  only  a  negligible  amount  of  total  Chinese  exports  during 
the ERIP. The findings for this company were therefore not considered representative 
for the country.  

(37)  Therefore,  the  Chinese  authorities  and  non-cooperating  Chinese  exporting  producers 
were  notified  of  the  application  of  Article  18(1)  of  the  basic  Regulation  and  were 
given an opportunity to present their comments in accordance with Article 18(4) of the 
basic Regulation. No comments were received in this regard. 

(38) 

In  accordance  with  Article  18(1)  of  the  basic  Regulation,  the  findings  in  relation  to 
dumping and likelihood of a continuation of dumping set out below had to be based on 
facts available, in particular, information in the request for the expiry review and the 
statistics available to the Commission found to be the most accurate, i.e. the monthly 
data transmitted by Member States under Article 14 (6) of the basic Regulation ('the 
14.6  database').  Other  statistical  sources  such  as  the  Chinese  export  database  and 
Eurostat (8 digits) were found unreliable as the respective custom codes covered other 
products than the product concerned.  

1.2. 

Normal value 

(a)  Analogue country 

(39)  According  to  Article  2(7)(a)  of  the  basic  Regulation,  normal  value  for  the  exporting 
producers not granted market economy treatment (MET) has to be established on the 
basis of the domestic prices or constructed normal value in an analogue country. 

(40)  For this purpose,  in  the  expiry  review notice of initiation the Commission  suggested 
Ukraine  as  analogue  country.  Ukraine  was  one  of  the  countries  used  in  the  previous 
investigations  as  an  appropriate  market  economy  third  country  for  the  purpose  of 
establishing a normal value in respect of the PRC. All interested parties were given the 
opportunity  to  comment  on  the  choice  of  the  analogue  country  envisaged.  No 
comments were received in this regard. 

(41) 

In addition, the Commission tried to obtain cooperation from other potential analogue 
countries, namely Malaysia, Bosnia and Herzegovina, India, Israel and Turkey. Only 
the Turkish authorities came forward with a list of known producers to be contacted, 
without indicating whether any of them would cooperate with the investigation. At the 
same  time,  the  sole  Ukrainian  exporting  producer  agreed  for  its  data  submitted  and 
verified in the context of the parallel interim review to be used for the purposes of the 
expiry review. The data is representative for the whole country. 

(42) 

In the light of the above facts and of the requirements of Article 2(7)(a) of the basic 
Regulation, it was concluded that Ukraine was an appropriate analogue country.  

(b)  Determination of normal value in analogue country  

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(43)  The  sole  Ukrainian  exporting  producer  did  not  cooperate  in  the  expiry  review  but  it 
cooperated  in  the  parallel  partial  interim  review  and  made  its  data,  collected  and 
verified in the framework of the partial interim review, available for the purpose of the 
expiry review.  

(44)  Given the significant overlap between the expiry and interim investigation periods and 
considering  that  the  Ukrainian  exporter  in  question  represented  100%  of  the  exports 
from Ukraine to the Union, normal value was therefore established on the basis of the 
data collected and verified in the framework of the parallel partial interim review (see 
recitals (77) to (83) below). 

1.3. 

Export price  

(45)  The  export  price  for  the  non-cooperating  Chinese  exporting  producers  was  based  on 
facts available in accordance with Article 18 of the basic Regulation. The export price 
was thus established on the basis of the import statistics available to the Commission 
(i.e. 14 (6) database) calculated on a weighted average basis.  

(46) 

In case of the cooperating Chinese exporting producer the export prices were based on 
the price at which the imported products were first resold to an independent buyer, in 
accordance with Article 2(9) of the basic Regulation.  

1.4. 

Comparison  

(47)  For  the  non-cooperating  Chinese  exporting  producers  the  comparison  between  the 
normal value and the export price was made on an ex-works basis. For the purpose of 
ensuring  a  fair  comparison  between  the  normal  value  and  the  export  price,  due 
allowance  in  the  form  of  adjustments  was  made  for  differences  affecting  prices  and 
price  comparability  in  accordance  with  Article  2(10)  of  the  basic  Regulation. 
Adjustments were made, where appropriate, in respect of freight and transport costs, in 
all cases where demonstrated to affect price comparability, determined on the basis of 
the data collected from the cooperating Chinese exporting producer.  

(48) 

In the case of the cooperating Chinese exporting producer, the comparison was made 
between  the  weighted  average  normal  value  and  the  weighted  average  export  price 
established  on  the  basis  of  the  reported  and  verified  data  compared  on  an  ex-works 
basis per product type and at the same level of trade. For the purpose of ensuring a fair 
comparison between the normal value and the export price, due allowance in the form 
of  adjustments  was  made  for  differences  affecting  prices  and  price  comparability  in 
accordance with Article 2(10) of the basic Regulation. Adjustments up to 5.9% were 
made, where appropriate, in respect of freight and transport costs, in all cases where 
demonstrated to affect price comparability.  

1.5. 

Dumping margin 

(49)  As provided for under Article 2(11) of the basic Regulation, the dumping margin for 
the  cooperating  Chinese  exporting  producer  was  established  on  the  basis  of  a 
comparison of the weighted average normal value by type with the weighted average 
export  price  of  the  corresponding  type  of  the  product  concerned.  This  indicative 
comparison did not show the existence of dumping. Since the imports of this company 
represented  only  a  marginal  proportion  of  total  Chinese  imports  in  volume,  the 
findings for this company are not considered representative for whole PRC 

(50) 

In the case of the non-cooperating Chinese  exporting  producers  the  dumping  margin 
was  established  on  the  basis  of  a  comparison  of  the  weighted  average  normal  value 
with the weighted average export price. Given the lack of cooperation, the comparison 

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per  product  type  was  not  possible.  Instead  the  comparison  had  to  be  based  on  the 
statistical  data  as  explained  in  recitals  (44)  and  (45)  above.  The  comparison  showed 
existence of an indicative dumping margin of 11.5%.  

Likelihood of a continuation of dumping PRC 

In  view  of  the  low  cooperation  no  information  concerning  Chinese  domestic  market 
was available during the investigation. The cooperating Chinese exporter was set up to 
produce for the Union market only and had no information on the domestic situation.  

1.6. 

(51) 

(52)  The findings in respect of likelihood of continuation of dumping had to rely mainly on 
the information available in the expiry review request and the information verified and 
published in the framework of the sunset review of June 2010 carried out by the US 
International  Trade  Commission  ('US  sunset  review')17  which  the  Commission 
considered relevant for the purpose of its investigation.  

(a)  Volume and prices of dumped imports from the PRC 

(53)  Despite  the  measures  in  place  and  despite  a  decrease  of  Chinese  imports  during  the 
period  considered  as  established  below  (see  recital  (106)),  they  continued  to  have  a 
significant  market  share  in  the  Union  market  of  around  15-20%  during  the  ERIP, 
undercutting  the  Union  prices  by  close  to  20%  during  the  same  period  (see  recital 
(109) below).  

(54)  Given the substantial market share and continued significant undercutting in ERIP, it 
can  be  reasonably  expected  that  the  Chinese  imports  of  substantial  volumes  would 
continue  exercising  significant  price  pressure  on  the  Union  industry  should  the 
measures be lifted. 

(b)  Production capacity and spare capacity in the PRC 

(55)  The  data  published  in  the  US  sunset  review  shows  significant  capacity  in  the  PRC 
representing around 80% of the Union consumption (2009). The Commission did not 
identify more recent information that would contradict the information collected by the 
US  investigating  authority.  Given  the  lack  of  cooperation,  the  exact  unused  capacity 
could not be established.  

(56)  Based  on  the  information  in  the  expiry  review  request,  the  number  of  existing 
producers in the PRC remained high. Therefore, no indication on the decrease of the 
production capacity in the PRC was thus identified. 

(57) 

In addition, based on the information collected by the Commission from the US sunset 
review and confirmed by the findings of the current expiry review with regard to the 
cooperating Chinese exporting producer, additional capacity can be easily installed to 
meet an increase in demand as the production is mainly labour based. Furthermore, the 
investigation  revealed  that  the  producers  manufacturing  also  other  products  than  the 
product concerned were able to switch easily between the production of other products 
and the production of the product concerned depending on demand. Therefore, if the 
anti-dumping  duty  was  revoked  the  Chinese  producers  would  most  likely  be  able  to 
increase their production of ironing boards relatively quickly without any substantial 
investments required.  

17 

No. 731-TA-1047 (Review) 

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(58)  Therefore, on the basis of the information available, it was concluded that there are at 
least potentially high capacities available in the PRC, which could be re-directed to the 
Union market should the anti-dumping measures be allowed to lapse.  

(c)  Attractiveness of the Union market and other third markets 

(59)  Due  to  the  low  cooperation  and  unavailability  of  reliable  data  price  comparison 
between  the  imports  to  the  Union  and  to  other  third  export  markets  as  well  as  the 
Chinese domestic prices could not be carried out. The indicative comparison based on 
facts  available  revealed  significant  undercutting  of  the  average  Union  prices  by  the 
Chinese imports (see recital (109) below). The Union market is therefore considered 
attractive for the Chinese exporting producers in terms of price. 

(60)  Moreover,  based  on  the  findings  in  the  US  sunset  review,  against  which  no 
contradicting information was found, it can be considered that the Union is currently 
the largest export market for the Chinese producers. The second largest export market, 
the US, remains closed to the Chinese exporting producers as the anti-dumping duties 
are substantial and have been recently extended until 2015.  

(61)  The relatively stable and substantial market share of the Chinese imports despite the 
measures in place indicates that the Union continues to be an attractive export market 
for the Chinese exporting producers. The closure of the US market, the second largest 
export  market,  shows  that  the  absorption  capacity  of  third  markets  is  limited. 
Therefore,  the  Union  market  is  likely  to  be  targeted  by  the  Chinese  exporting 
producers should the anti-dumping measures against the PRC be lifted. 

(d)  Past behaviour 

(62)  The  information  collected  in  the  framework  of  the  US  sunset  review  shows  that  the 
Chinese  producers  are  highly  export  oriented.  This  seems  to  be  partly  confirmed  by 
the  findings  of  the  current  expiry  review  where  the  sole  exporting  producer  was  not 
active in the Chinese domestic market, but exclusively export oriented.  

(63)  The  extension  of  the  anti-dumping  measures  by  the  US  following  the  US  sunset 
review  is  an  indication  that  the  dumping  practice  of  Chinese  exporting  producers  on 
other markets may be replicated on the Union market if the existing measures were to 
be lifted.  

(64)  Also,  the  behaviour  of  a  Chinese  exporter  that  had  benefitted  in  the  past  from  a  0% 
duty  rate,  Since  Hardware  (Guangzhou)  Co,  can  be  considered  to  be  a  strong 
indication  of  the  likely  behaviour  of  the  Chinese  exporters,  if  the  duties  were  lifted. 
Since Hardware, one of the largest Chinese exporting producers increased its market 
share  on  the  Union  market  by  approximately  64%  in  volume,  with  established 
dumping of around 52% and an undercutting of the Union industry prices of 16%18. In 
view of the attractiveness of the Union market and available capacity in the PRC, this 
past  behaviour  indicates  that  the  dumped  imports  are  likely  to  recur  in  substantial 
volumes if the measures were to be lifted.  

1.7. 

(65) 

Conclusion of the likelihood of a continuation of dumping -the PRC 

In  view  of  the  findings  described  above,  it  can  be  concluded  that  considering  the 
significant production capacity available in the PRC, the ability of Chinese producers 
to increase rapidly their production volumes and direct them for export, the significant 

18 

See recitals 57 and 67 of Regulation (EU) No 1243/2010 

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2. 

2.1. 

(66) 

level of dumping and undercutting of such exports and the attractiveness of the Union 
market for such exports, it is reasonable to assume that a repeal of the measures would 
result  in  increased  exports  at  dumped  levels  of  ironing  boards  from  the  PRC  to  the 
Union. 

Dumping - expiry review – Ukraine 

General remarks 

In case of Ukraine, the sole known Ukrainian exporting producer did not cooperate in 
the  expiry  review  therefore  the  facts  available  had  to  be  used.  Given  the  overlap 
between  the  expiry  review  and  interim  review  investigation  periods  and  considering 
that the Ukrainian exporting producer represented 100% of imports from Ukraine, the 
data  collected  and  verified  in  the  context  of  the  interim  review  was  used  as  facts 
available in the parallel expiry, in agreement with that producer. 

2.2. 

Findings 

(67)  The findings of the interim review described in the section 6 below were used as facts 

available for the purpose of the expiry review.  

2.3. 

Dumping margin 

(68)  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 by type 
with  the  weighted  average  export  price  of  the  corresponding  type  of  the  product 
concerned. This comparison did not show the existence of dumping 

2.4. 

(69) 

Likelihood of recurrence of dumping 

In  respect  of  likelihood  of  recurrence  of  dumping  the  following  elements  were 
analysed:  the  volume  and  prices  of  dumped  imports  from  Ukraine,  attractiveness  of 
the  Union  market  and  other  third  markets,  production  capacity  and  excess  capacity 
available for exports of the Ukrainian producer. 

(a)  Volume and prices of dumped imports from Ukraine  

(70) 

Imports of ironing boards originating in Ukraine increased by 24%. The corresponding 
market  share  increased  slightly  from  8%  in  2008  to  10%  in  the  expiry  review 
investigation period.  

(71)  Throughout the period considered, imports prices followed the same trends as the sales 
prices  of  the  Union  industry  on  the  Union  market.  Overall,  imports  prices  increased 
from 2008 to the expiry review investigation period by 14%.  

(b)  Attractiveness of the Union market and other third markets 

(72)  During  the  period  considered,  Ukrainian  export  prices  to  third  countries  were 
generally  lower  than  its  prices  on  the  Union  market.  This  price  difference  was  more 
than 10% of the export price level during the expiry review investigation period.  

(73)  Ukrainian export prices to third countries were generally below the price of Ukrainian 
exports to the Union which supports the conclusion that the Union market is attractive 
as the Union market may generate higher profits.  

(c)  Production capacity and excess capacity available for exports of the Ukrainian 

producer 

(74)  During  the  expiry  review  investigation  period,  Ukraine  had  only  a  small  part  of  its 

production capacity available for exports.  

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(75)  According to the information collected during the investigation, Ukrainian capacity is 
not  projected  to  increase  further.  Therefore  there  is  no  likelihood  that  exports  to  the 
Union would increase should the measures be repealed. 

(76) 

3. 

3.1. 

(77) 

(d)  Conclusion on the likelihood of recurrence of dumping - Ukraine 

In view of the above, in particular the findings concerning the expected evolution of 
capacity,  it  was  considered  that  there  is  no  likelihood  that  Ukrainian  exporting 
producer  will  resume  exporting  injurious  quantities  at  dumped  prices  to  the  Union 
market in the short to medium term should measures be repealed.  

Dumping - interim review – Ukraine 

Normal value 

In accordance with Article 2(2) of the basic Regulation, it was examined whether the 
total  domestic  sales  volume  of  the  like  product  to  independent  customers  were 
representative during the interim review investigation period, i.e. if the total volume of 
such  sales  represented  5  %  or  more  of  their  export  sales  volume  of  the  product 
concerned to the Union. On that basis, the domestic sales of the cooperating Ukrainian 
producer were considered to be overall representative. 

(78)  The  Commission  subsequently  identified  those  product  types  sold  domestically  that 

were identical or comparable with the types sold for export to the Union. 

(79)  For  each  product  type  sold  by  the  exporting  producer  on  its  domestic  market  and 
found to be identical or comparable with the product type sold for export to the Union, 
it  was  examined  whether  the  domestic  sales  were  sufficiently  representative  for  the 
purposes of Article 2(2) of the basic Regulation. Domestic sales of a particular product 
type were considered sufficiently representative when the total volume of that product 
type sold on the domestic market to independent customers during the interim review 
investigation  period  represented  at  least  5%  of  the  total  volume  of  the  comparable 
product type sold for export to the Union.  

(80) 

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  for  each  product  type  the  proportion  of  profitable 
sales to independent customers on the domestic market.  

(81)  Where the sales volume of a product type, sold at a net sales price equal to or above 
the calculated cost of production, represented more than 80% of the total sales volume 
of that type, and where the weighted average sales price of that type was equal to or 
higher than the unit cost of production, normal value was based on the actual domestic 
price calculated as the weighted average of the prices of all domestic sales of that type 
made  during  the  interim  review  investigation  period,  irrespective  of  whether  those 
sales were profitable or not. 

(82)  Where the volume of profitable sales of a product type represented 80 % or less of the 
total sales volume of that type, or where the weighted average price of that type was 
below  the  unit  cost  of  production,  normal  value  was  based  on  the  actual  domestic 
price,  which  was  calculated  as  a  weighted  average  price  of  only  the  profitable 
domestic sales of that type made during the interim review investigation period. 

(83)  As regards the types of product that were not profitable, normal value was constructed 
in  accordance  with  Article  2(3)  and  2(6)  of  the  basic  Regulation.  The  normal  value 
was  constructed  by  adding  to  the  cost  of  manufacturing  of  the  Ukrainian  producer 
during  the  expiry  review  investigation  period  the  weighted  average  selling,  general 

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and administrative expenses (SG&A) incurred in the ordinary course of trade and the 
weighted average profit realised for the product types that were profitable.  

3.2. 

Export price 

(84)  As  the  Ukrainian  exporting  producer  made  export  sales  to  the  Union  directly  to 
independent  customers  in  the  Union,  the  export  prices  were  based  on  the  prices 
actually paid or payable for the product concerned, in accordance with Article 2(8) of 
the basic Regulation.  

3.3. 

Comparison 

(85)  The  normal  value  and  export  price  were  compared  on  an  ex-works  basis.  For  the 
purpose of ensuring a fair comparison between the normal value and the export price, 
due  allowance  in  the  form  of  adjustments  was  made  for  differences  affecting  prices 
and  price  comparability  in  accordance  with  Article  2(10)  of  the  basic  Regulation. 
Adjustments  were  made  in  respect  of  transport,  insurance,  handling  and  ancillary 
costs, packing, credit, bank charges and commissions in all cases where demonstrated 
to affect price comparability.  

3.4. 

Dumping margin 

(86)  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 by type 
with  the  weighted  average  export  price  of  the  corresponding  type  of  the  product 
concerned. This comparison did not show the existence of dumping. 

4. 

(87) 

Lasting nature of the changed circumstances – Ukraine 

In  accordance  with  Article  11(3)  of  the  basic  Regulation,  it  was  also  examined 
whether the changed circumstances could reasonably be considered to be of a lasting 
nature.  

4.1. 

Lasting nature of the changed circumstances 

(88)  The Ukrainian producer has restructured its sales organisation so that, since December 
2010, all its export sales of the product concerned to the Union has been made directly 
to  the  independent  customer  without  involving  any  related  sales  company.  The 
calculation of the export prices was therefore adjusted to take into account these new 
circumstances.  

(89)  These changes are considered to be of lasting nature since the tasks previously carried 
out by the related company were effectively transferred to the Ukrainian producer for a 
period  of  about  one  year.  No  indications  pointing  to  possible  future  changes  in  the 
sales structure were found. Therefore, it is concluded that the changed circumstances 
are of a lasting nature. 

D. DEFINITION OF THE UNION INDUSTRY  

Union production and Union Industry 

(90)  The  like  product  was  manufactured  by  an  estimated  20-30  producers  in  the  Union. 
They  constitute  the  Union  industry  within  the  meaning  of  Article  4(1)  of  the  basic 
Regulation.  

(91)  Annual  production  of  the  Union  industry  was  estimated  on  the  basis  of  the  findings 
made in the investigation mentioned in recital (1) above concerning imports of ironing 
boards of Since Hardware (Guangzhou) Co, a Chinese exporting producer of ironing 
boards and of the basis of the data submitted by the cooperating Union producers. As 

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mentioned  in  recital  (65)  of  Council  Regulation  (EU)  No  1243/2010  imposing  anti-
dumping measures on imports of the before mentioned exporting producer, the annual 
Union production of ironing can be estimated at above 5 million pieces in 2009. Thus, 
and in the absence of any other information, it was considered reasonable to assume 
that the total annual Union production amounted to 5 million pieces at the beginning 
of the period considered of the current expiry review (2008). The development of the 
production  volume  over  the  period  considered  was  established  on  the  basis  of  the 
trends  in  production  volume  of  the  cooperating  Union  producers.  The  Union 
production  volume  thus  established  amounted  to  an  estimated  5,2  million  pieces 
during the ERIP.  

(92)  As indicated in recital (20) above, three Union producers were selected in the sample 
representing more than 40 % of the total Union production of the like product. These 
sampled producers provided questionnaire replies. 

(93) 

In  addition,  four  other  Union  producers  submitted  basic  information  on  their 
production and sales data.  

(94)  The  above  seven  Union  producers  were  found  to  account  for  more  than  55%,  of  the 

total Union production of the like product. 

(95)  The  Union  market  for  ironing  boards  is  characterised  by  mostly  small  and  medium 
producers  located  in  a  number  of  Member  States  including  Germany,  Italy,  the 
Netherlands, Poland, Portugal, Spain and the United Kingdom. 

E. SITUATION ON THE UNION MARKET 

(96)  Since there is only one exporting producer in Ukraine, Union consumption and some 
of  the  macroeconomic  indicators  are  presented  in  indexed  form  or  ranges,  so  as  to 
protect confidentiality pursuant to Article 19 of the basic Regulation  

5. 

Union consumption 

(97)  Union  consumption  was  established  on  the  basis  of  the  sales  volumes  of  the  Union 
industry on the Union market as described in recital (100) and the import volume as 
recorded in the 14(6) database.  

(98)  As  far  as  import  volumes  from  the  PRC  are  concerned,  the  data  of  the  only 
cooperating  Chinese  exporter  could  not  be  used  to  extrapolate  the  total  amount  of 
imports from the PRC as they represented only a very small part of total imports from 
the PRC. Total import volume had therefore to be established on the basis of the facts 
available  in  accordance  with  Article  18  of  the  basic  Regulation.  As  the  relevant  CN 
codes  in  Eurostat  cover  more  products  than the product concerned, Eurostat was not 
considered suitable either to establish import volumes from the PRC. Thus, in light of 
the  extremely  low  cooperation  of  the  Chinese  exporting  producers  and  the  lack  of 
cooperation  of  unrelated  importers,  the  only  reliable  statistical  source  to  determine 
import  volumes  was  the  information  contained  in  the  14(6)  database.  As  import 
volumes  in  the  14(6)  database  are  however  only  reported  in  kg,  the  data  had  to  be 
converted  in  pieces  (units)  by  using  the  conversion  rate  established  for  the  imports 
from Ukraine in the parallel interim review. This was considered reasonable since the 
imports of the Chinese cooperating company were not considered representative and in 
addition,  as  mentioned  above  in  recital  (36),  Ukraine  was  also  used  as  an  analogue 
country for determining normal value for the PRC and therefore data were considered 
representative for the determination of the level of Chinese imports.  

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(99) 

In case of imports from Ukraine the verified data reported in the questionnaire reply in 
the parallel interim review  were used. Although  the interim investigation period was 
set from 1 April 2011 to 31 March 2012 and therefore did not cover the first quarter of 
the  expiry  review  investigation  period,  it  was  found  that  that  information  is 
nevertheless  suitable  for  the  determination  of  the  import  volumes.  Indeed,  that 
information  had  been  verified  and  was  found  accurate  and  representative  for  the 
determination  of  import  volumes  from  Ukraine  in  the  expiry  review  investigation 
period. 

(100)  The  sales  volumes  of  the  Union  industry  on  the  Union  market  were  estimated  by 
extrapolating the ratio between total production volume and total sales volume of the 
seven  cooperating  Union  producers  to  the  total  estimated  production  volume  of  the 
Union industry for each year of the period considered.  

(101)  On this basis, Union consumption decreased between 2008 and the ERIP by 11 %. In 
details,  the  apparent  demand  decreased  by  7  percentage  points  between  2008  and 
2009, where after it increased by 9 percentage point between 2009 and 2010. During 
the  ERIP  the  Union  consumption  totalled  9  to  10  million  pieces,  representing  a 
decrease of 13 percentage points as compared to the previous year.  

Table 1 

Volume ('000 pieces) 

2008 

2009 

2010 

ERIP (2011) 

Consumption  10,000 - 11,000 9,000 - 10,000 10,000 - 11,000  9,000 - 10,000

Index 

100 

93 

102 

89 

Source: 14(6) database, questionnaire replies 

6. 

Imports from countries concerned 

Cumulative  assessment  of  the  effects  of  the  imports  from  the  countries 
concerned  

(102)  In  the  original  investigation  concluded  in  2007,  imports  originating  in  the  PRC  and 
Ukraine  were  assessed  cumulatively  in  accordance  with  Article  3(4)  of  the  basic 
Regulation. It was examined whether a cumulative assessment was also appropriate in 
the current expiry review. 

(103)  In this respect, it was found that the dumping margin established for imports from the 
PRC was above the de minimis level (11,5%)  as defined in Article 9(3)  of the basic 
Regulation. As regards the imports from Ukraine, no dumping was established for the 
ERIP and no likelihood of recurrence of dumping. On these grounds the imports from 
Ukraine should be de-cumulated from the imports from The PRC, since the criteria set 
out in Article 3(4) of the basic Regulation are not met. 

7. 

Imports from the PRC  

7.1. 

Volume and market share 

(104)  As  mentioned  above  in  recital  (98),  given  the  extremely  low  cooperation  of  the 
Chinese exporting producers, total imports volume from the PRC was established on 
the basis of the information available in the 14(6) data base in accordance with Article 
18 of the basic Regulation. 

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(105)  On this basis,  imports  of the  product concerned from the PRC decreased in absolute 
terms from [4 to 4,5 million pieces] in 2008 to [1,5 to 2,0 million pieces] in the ERIP, 
which represented a decrease of 59% during the period considered. This decrease was 
particularly  pronounced  between  2010  and  the  ERIP  where  imports  from  the  PRC 
decreased from [3 to 3,5 million] in 2010 to [1,5 to 2,0 million pieces] in the ERIP, by 
36  percentage  points.  This  decrease  coincides  with  the  re-introduction  of  the  anti-
dumping duty on Since Hardware in December 2010 (see rectial (64) above). 

(106)  While market shares of Chinese imports decreased by 22 percentage points during the 
period  considered,  the  market  share  held  during  the  ERIP,  i.e.  15-20%;  was 
substantial.  

Table 2 

2008 

2009 

2010 

Volumes of imports subject to measures from 
the PRC ('000 pieces) 

4,000 - 
4,500 

3,000 - 
3,500 

3,000 - 
3,500 

ERIP 
(2011) 

1,500 - 
2,000 

Index 

100 

73 

76 

40 

Market share of imports subject to measures 
from the PRC 

40% - 45%  30% - 35%  30% - 35% 

15% - 
20% 

Source: Article 14(6) database  

7.2. 

Prices and price undercutting 

(107)  Due to the extremely low cooperation of the Chinese exporting producers, the average 
import price regarding imports from the PRC had to be established on the basis of the 
facts available in accordance with Article 18 of the basic Regulation, i.e. on the basis 
of the information contained in the 14(6) database. Information recorded therein were 
converted  into  price/piece  following  the  above  mentioned  methodology  (see  recital 
(104)  above).  Import  prices  established  under  that  methodology  increased  from  7,0 
EUR/piece in 2008 to 8,2 EUR/piece during the ERIP, i.e. by 17%.  

Price of imports subject to measures in 
EUR/piece

2008 

2009 

2010 

ERIP (2011) 

Table 3 

The PRC

7.0 

8.3 

8.4 

Index

100 

119 

121 

8.2 

117 

Source: Article 14(6) database 

(108)  In order to determine price undercutting during the ERIP, the weighted average sales 
price  of  the  sampled  Union  producers  charged  to  unrelated  customers  on  the  Union 
market,  adjusted  to  an  ex-works  level  (i.e.  excluding  freight  costs  in  the  Union  and 
after  deduction  of  discounts  and  rebates),  were  compared  to  the  corresponding 
weighted average price of the imports as established above in recital (107), on a CIF 
basis, with appropriate adjustments for customs duties.  

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(109)  The  comparison showed that, when expressed as  a percentage of the sampled Union 
producers’  turnover  during  the  ERIP,  imports  from  the  PRC  were  undercutting  the 
prices of the Union industry close to 20%. 

8. 

Imports from Ukraine 

(110)  As  mentioned  above  in  recital  (99)  import  volumes  and  prices  from  Ukraine  were 
established on the basis of the verified questionnaire reply submitted by the Ukrainian 
exporting producer in the parallel on-going interim review. 

(111)  The following table shows the development of imports from Ukraine during the period 

considered in terms of volume and market shares.  

Volumes of imports subject to 
measures from Ukraine ('000 
pieces) 

Table 4 

2008 

2009 

2010 

ERIP (2011) 

700-900 

800-1000 

900-1100 

900-1100 

Index 

100 

104 

128 

124 

Market share of imports subject to 
measures from Ukraine 
Source: Verified questionnaire reply 

6% - 9%  7% - 10% 

8% - 11% 

9% - 12% 

(112)  Imports of ironing boards originating in Ukraine increased by 24% between 2008 and 
2011.  Ukraine  was  able  to  increase  its  imports  mainly  because  of  the  higher  anti-
dumping  duty  on  imports  of  ironing  boards  originating  in  the  PRC.  Moreover,  the 
amendment  of  the  anti-dumping  duty  for  Ukraine  in  July  2010  from  9,9%  to  7,7% 
contributed  to  this  development  making  the  Ukrainian  imports  more  competitive  on 
the Union market.  

(113)  The following table shows the development of the average CIF Union frontier prices 

of imports under measures from Ukraine.  

Price  of 
measures in EUR/piece 

imports 

subject 

Table 5 

to 

2008 

2009 

2010 

8 - 10 

9 - 11 

10 - 12 

100 

110 - 115 

115 - 120 

110 - 115 

ERIP 
(2011) 

9 - 11 

Ukraine 

Index 

Source: Verified questionnaire reply 

(114)  As shown in table 5 above, the average import price increased by 10-15% during the 
period  considered,  and  almost  reached  the  price  level  of  the  Union  industry  in  the 
Union market during the ERIP. 

9. 

Imports from other third countries not subject to measures 

(115)  Import volumes from other third countries not subject to measures were established on 
the basis of the 14(6) database converted into pieces following the same methodology 
than for the determination of import volumes from the PRC as described in recital (98) 
above.  This  was  considered  reasonable  asthe  relevant  CN  codes  in  Eurostat  covered 

EN 

20 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
also other products than the product concerned and were therefore not found suitable 
to establish import volumes from other third countries.  

(116)  The  following  table  shows  the  development  of  imports  from  other  third  countries 
during  the  period  considered  in  terms  of  volume  and  market  share,  as  well  as  the 
average price of these imports. 

Volumes of imports from other third countries in '000 
pieces

2008 

2009 

2010 

ERIP (2011)

Table 6 

Turkey 300-500

500-700 

700-900 

800-1,000 

Index

100 

160-170 

215-225 

225-235 

other third countries 400-600

600-800 

900-1100 

700-900 

Index

100 

130-140 

190-200 

150-160 

Total all other countries 700-1,100 1,100-1,500 1,600-2,000 1,500-1,900

Index

100 

140-150 

200-210 

180-190 

Market share of imports from all other third countries 5% - 10% 10% - 15% 15% - 20%  15% - 20%

Price of imports from all other countries (EUR/piece)

7.7 

8.1 

8.2 

9.0 

Source: Article 14(6) database  

(117)  The volume of imports from other third countries increased overall during the period 
considered. While it increased and even more than doubled between 2008 and 2010, it 
decreased  again  between  2010  and  the  ERIP.  On  this  basis,  the  volume  of  imports 
from other third countries increased considerably in the period considered and reached 
[1,5-1,9]  million  pieces  in  the  ERIP,  translating  in  a  market  share  of  in  the  range  of 
15-20%  during  the  ERIP.  Most  of  these  imports  came  from  Turkey  where  imports 
increased from [0,3 – 0,5] million pieces in 2008 to [0,8 – 1,0] million pieces in the 
ERIP. 

(118)  The  average  price  of  imports  from  other  third  countries  without  measures  increased 
from  7,7  EUR/piece  in  2008  to  9,0  EUR/piece  during  the  ERIP,  i.e.  an  increase  of 
17%. 

10. 

Economic situation of the Union industry 

(119)  Pursuant to Article 3(5) of the basic Regulation, the examination of the impact of the 
dumped imports on the Union industry included an evaluation of all economic factors 
and  indices  having  a  bearing  on  the  state  of  the  Union  industry  during  the  period 
considered. 

(120)  As  mentioned  above  in  recital  (20)  sampling  was  used  for  the  examination  of  the 

possible injury suffered by the Union industry.  

(121)  For  the  purpose  of  the  injury  analysis,  the  injury  indicators  have  been  established  at 

two levels:  

– 

the  macroeconomic  indicators  (production,  production  capacity,  capacity 
utilisation, productivity, sales volume, market share, growth, employment, and 

EN 

21 

   EN 

magnitude  of  dumping  margins  and  recovery  from  past  dumping)  were 
assessed at the level of the whole Union production, estimated on the basis of 
the information collected from the producers that came forward;  

– 

the  analysis  of  microeconomic  indicators  (average  unit  prices,  unit  costs, 
stocks,  labout  costs,  profitability,  return  on  investments,  cash  flow,  ability  to 
raise  capital  and  investments)  was  carried  out  on  the  basis  of  information 
provided by the three sampled Union producers. 

10.1.  Macroeconomic indicators 

(a)  Production 

(122)  Total Union production was estimated as described above in recital (91) On this basis, 
the Union production increased by 4% between 2008 and the ERIP. More specifically, 
it  decreased  by  2%  between  2008  and  2009  but  increased  by  6  percentage  points 
between 2009 and ERIP to around 5,2 million units.  

Table 7 

in '000 pieces

2008 

2009 

2010 

ERIP (2011) 

Production 5,000 

4,887 

5,072 

5,194 

Index

100 

98 

101 

104 

Source: Questionnaire replies 

(b)  Production capacity and capacity utilisation 

(123)  Production  capacity  was  estimated  by  applying  the  ratio  between  total  production 
volume and total capacity of the seven cooperating Union producers for each year of 
the  period  considered  to  the  total  production  of  the  Union  industry  as  established 
above in recital (122) above.  

(124)  The production capacity of the Union industry increased by 17 % throghout the period 
considered.  However  this  increase  is  only  related  to  one  of  the  Union  producers 
whereas  the other cooperating Union producers had stable capacities over the period 
considered. The findings of the investigation indicate that some of the non-cooperating 
Union producers may have closed down their production facilities thereby decreasing 
the total Union production capacity during the period considered which is not reflected 
in  table  8  below.  The  investigation  revealed  also  that  the  Union  industry  produced 
other  products  than  the  product  concerned  (such  as  dryers)  partly  on  the  same 
production lines. Furthermore, the investigation has shown that Union producers can 
switch easily between production of the product concerned and other products. It was 
therefore  not  possible  to  clearly  establish  production  capacity  of  the  product 
concerned. 

(125)  Capacity utilisation was 66% in  2008  and dropped slightly to 58% during the ERIP. 
As indicated in the preceding recital, total production capacity in the Union could not 
be  reliably  established.  As  capacity  utilisation  is  established  on  the  basis  of  total 
capacity, likewise, it cannot necessarily be considered as a meaningful injury indicator 
in this case. 

EN 

Table 8 

22 

   EN 

in '000 pieces 2008 

2009 

2010 

ERIP (2011) 

Production capacity 7,592 

7,962 

8,375 

8,906 

Index

100 

105 

110 

Capacity utilisation

66% 

61% 

61% 

Index

100 

93 

92 

117 

58% 

89 

Source: Questionnaire replies 

(c)  Sales volume 

(126)  Sales  volume  of  the  Union  industry  was  established  as  described  in  recital  (100) 
above. Thus, sales volume of the Union industry to unrelated customers on the Union 
market increased by 10 % between 2008 and the ERIP. This increase was particularly 
pronounced  between  2010  and  the  ERIP,  where  sales  volumes  increased  by  7 
percentage points. This coincides with a decrease in imports from the PRC due to the 
imposition of the anti-dumping duty on Since Hardware (Guangzhou) Co. 

Table 9 

in '000 pieces

2008 

2009 

2010 

ERIP (2011)

Sales to unrelated customers in the 
Union

4,300 - 4,500 4,300 - 4,500 4,500 - 4,700  4,800 - 5,000

Index

100 

99 

103 

110 

Source: Questionnaire replies 

(d)  Market share 

(127)  During  the  period  considered,  the  Union  industry  regained  market  share,  which 
increased from 40-45% in 2008 to 50-55% in the ERIP, i.e. by 24%. This increease is 
mainly due to the decrease in consumption as well as the Chinese import volume and 
the parallel increase in sales volume of the Union industry.  

Table 10 

2008 

2009 

2010  ERIP (2011)

Market shares of the Union producers 40% - 45% 45% - 50% 40% - 45%  50% - 55%

Index

100 

107 

101 

124 

Source: Questionnaire replies and 14(6) database 

(e) 

 Growth 

(128)  The Union consumtption declined between 2008 and the ERIP. In parallel, the volume 
of sales by the Union industry on the Union market increased by 10% and the Union 
industry market share increased by 24%. Likewise, production of the Union industry 
increased by 4%, investment more than doubled (recital (141) below) and employment 

EN 

23 

   EN 

 
 
 
 
 
 
increased  10%  (recital  (129)  below)  during  the  same  period.  Therefore,  it  can  be 
conluded that the Union industry experienced some growth over the period considered. 

(f)  Employment 

(129)  Employment and trends in employment for the total Union industry were estimated by 
extrapolating the figures available with regard to the cooperating Union producers. In 
line with the increase in sales, the employment level of the Union industry shows an 
increase of 10% between 2008 and the ERIP.  

Table 11 

  2008  2009  2010 

ERIP (2011) 

Employment for the like product 655 

672 

736 

Index 100 

102 

112 

722 

110 

Source: Questionnaire replies 

(g)  Productivity 

(130)  Productivity of the Union industry workforce, measured as output (pieces) per person 
employed per year, decreased by 6% in the period considered. This is linked to the fact 
that the production increased to a lesser extend than the employment.  

Table 12 

  2008 2009 2010  ERIP (2011) 

Productivity (000 pieces per employee) 7.6 

7.3 

6.9 

Index 100 

95 

90 

7.2 

94 

Source: Questionnaire replies  

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

(131)  The dumping margin found was significantly above the de minimis level. As regards 
the  impact  of  the  magnitude  of  the  actual  dumping  margins  on  the  Union  industry, 
given in particular the volumes and prices of imports from the PRC, the impact cannot 
be considered negligible. 

(132)  Regarding  the  effects  of  past  dumping,  while  the  indicators  examined  above  show 
some improvement, they also provide evidence that the Union industry is still fragile 
and vulnerable. 

10.2.  Microeconomic indicators  

(a)  Prices and other factors effecting prices  

(133)  The average sales price of the sampled Union producers to unrelated customers in the 
Union  developed  as  shown  in  the  table  below.  Average  prices  remained  relatively 
stable  during  the  peirod  considered,  albeit  with  a  slight  increase  in  the  ERIP.  As 
above,  this  increase  coincided  with  the  imposition  of  anti-dumping  measures  with 
regard to Since Hardware (Guangzhou) Co. 

EN 

24 

   EN 

 
 
 
 
 
 
 
 
Table 13 

  2008 2009 2010 

ERIP (2011) 

Unit price Union market (EUR/piece) 10.9  10.7  10.9 

11.2 

Index 100 

98 

100 

103 

Unit cost of production (EUR/piece) 10.9  10.5  11.0 

11.4 

Index 100 

96 

101 

105 

Source: Questionnaire replies 

(134)  The  sales  prices  follow  the  price  trends  of  the  main  raw  materials  (i.e.  steel).  Sales 
prices  and  costs  remained  relatively  stable  over  the  period  considered,  though  costs 
increased slightly more than sales prices, which negatively impacted the profitability 
situation  of  the  Union  industry  between  2008  and  the  ERIP.  However,  the  Union 
industry was not in a position to increase its prices to sustainable levels but was forced 
to  match  prices  with  the  low  priced  Chinese  imports  to  re-gain  market  share  in  a 
period of declining consumption. 

(b)  Labour cost 

(135)  The  average  wages  were  stable  over  the  period  considered,  while  the  unit  cost  of 

production increased by 3% (table 13 above).  

Table 14 

EUR / employee

2008 

2009 

2010 

ERIP (2011) 

Average wage 20,669 

19,377 

19,885 

20,523 

Index

100 

94 

96 

99 

Source: Questionnaire replies 

(c)  Stocks 

(136)  Volume of stocks increased during the period considered. The level of stocks was 56% 

higher in the ERIP in relation with their levels in 2008.  

Table 15 

in '000 pieces 2008  2009  2010  ERIP (2011) 

Closing stock

94 

137 

184 

Index 100 

147 

197 

146 

156 

Source: Questionnaire replies 

(d)  Profitability and return on investments 

(137)  The Union industry was able to increase its profitability slightly between 2008, where 
it  was  at  break  even,  and  2009  where  it  increased  to  2%.  However,  profitability 
decreased  again  in  2010  and  even  further  during  the  ERIP  where  it  reached  -1.7%. 

EN 

25 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
Overall,  the  profitability  decreased  by  almost  2%  over  the  period  considered.  As 
mentioned  above  in  recital  (134)  this  was  mainly  due  to  the  fact,  that  the  Union 
industry was not able to increase its sales prices in line with the increase in costs as it 
was forced to match the low Chinese import prices to re-gain its market share.  

(138)  The  return  on  investments  (ROI),  expressed  as  the  profit  in  percent  of  the  net  book 
value  of  investments,  broadly  followed  the  profitability  trend.  It  increased  between 
2008  and  2009,  and  from  2009  to  the  ERIP  it  decreased.  The  decrease  in  ROI  was 
more  pronounced  than  the  decrease  in  profitability  levels  as  a  result  of  increased 
investments as shown in recital (141) below. 

Table 16 

2008 

2009 

2010 

ERIP (2011) 

Profitability (% of net sales)

0.0% 

2.0% 

-0.8% 

-1.7% 

Index

100 

102 

99 

98 

ROI (profit in % of net book value of 
investments)

-4% 

96% 

-20% 

-82% 

Index

100 

200  

84  

22  

Source: Questionnaire replies 

(e)  Cash flow and and ability to raise capital 

(139)  The net cash flow from operating activities, which is the ability of the industry to self-
finance  its  activities,  expressed  as  a  percentage  of  the  turnover  of  the  like  product, 
improved in line with the profitablility from break-even level in 2008 to 5 % in 2009. 
It dropped to 3% in 2010 and was negative during the ERIP.  

Table 17 

2008 

2009 

2010 

ERIP (2011) 

Cash flow (% of turnover)

0% 

5% 

3% 

-1% 

Source: Questionnaire replies 

(140)  There were no particular indications that the Union industry would have encountered 

difficulties in raising capital. 

(f) 

Investments 

(141)  The sampled producers' annual investments in the production of the like product more 
than  doubled  between  2008  and  the  ERIP.  It  increased  sharply  between  2008  and 
2009. The increase in investments can be explained by the restructuring efforts made 
by  the  Union  industry  by  investing  in  their  production  process  to  make  it  more 
competitive.  Between  2010  and  the  ERIP  there  was  a  decrease  while  the  level  of 
investments remained considerably higher when compared to 2008. 

Table 18 

  2008 

2009 

2010 

ERIP (2011) 

EN 

26 

   EN 

 
 
 
 
 
 
 
 
Net investments ( 000 EUR)

239 

504 

1046 

Index

100 

211 

438 

569 

239 

Source: Questionnaire replies 

11. 

Conclusion on injury 

(142)  The  analysis  of  the  macro-economic  indicators  showed  signs  of  improvement  in 
particular  in  terms  of  production  and  sales  volumes  as  well  as  the  Union  industry’s 
market share over the period considered. At the same time some of the relevant micro-
economic  indicators  decreased  such  as  profitability  and  return  on  investments.  Sales 
prices,  although  increasing  slighlty  could  not  reach  sustainable  levels  and  match  the 
increase  in  the  production  cost.  This  is  mainly  explained  by  the  fact  that  the  market 
share of the Chinese imports remained at high levels throughout the period considered, 
whereas the Chinese imports also were at low prices which the Union industry had to 
follow to re-gain market share.  

(143)  Therefore, the measures against the PRC had only partly helped the Union industry to 

recover from the injury suffered.  

(144)  In view of the above analysis, the situation of the Union industry has improved and no 
material injury was taking place. Nevertheless, despite apparent positive trends and the 
significant restructuring efforts, the Union industry is still fragile and vulnerable.  

F. LIKELIHOOD OF RECURRENCE OF INJURY 

12. 

Preliminary remarks 

(145)  As  mentioned  above  in  recital  (51)  to  (52),  in  view  of  the  low  cooperation  of  the 
Chinese  exporting  producers,  the  analysis  concerning  the  Chinese  domestic  market 
and  the  exports  from  the  PRC  to  other  third  countries,  had  to  rely  on  information 
available, i.e. the information published in the framework of the sunset review of June 
2010 carried out by the US International Trade Commission ('US sunset review'). 

(146)  During the period considered, the Union industry was in a fragile vulnerable situation, 

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

(147)  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 recurrence of 
injury, should measures be allowed to lapse. 

13. 

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

(148)  As  mentioned  above,  regarding  imports  from  the  PRC,  there  was  a  likelihood  of 
continuation of dumping should measures be allowed to lapse. The import volumes of 
the product concerned from the PRC would most likely increase without measures at 
prices  significantly  undercutting  the  Union  industry’s  sales  prices  on  the  Union 
market. The investigation has shown that the main customers of the Union industry are 
retailers,  i.e.  large  supermarkets  which  are  in  a  strong  negotiation  position  and  will 
increasingly source ironing boards from the PRC that will very likely enter the market 
at very low dumped prices. Therefore, the price pressure on the Union industry would 
likely aggravate, and it will be forced to lower its prices with disastrous effect on their 
profitability situation which was already negative during the ERIP.  

EN 

27 

   EN 

 
 
 
 
 
(149)  Thus, against the fragile and vulnerable situation of the Union industry, the increased 
volumes and price effects of the dumped imports from the PRC would result in heavy 
financial losses and decrease of market share. 

(150)  The  behaviour  of  a  Chinese  exporter  that  had  benefitted  in  the  past  from  a  0%  duty 
rate, Since Hardware (Guangzhou) Co, can be considered to be a strong indication of 
the likely behaviour of Chinese exporters, if the duties were lifted. It is recalled that 
Since Hardware (Guangzhou) Co, which benefitted from a 0% duty in the past (from 
April  2007  to  December  2010)  significantly  increased  its  exports  to  the  Union  at 
substantially dumped prices undercutting the Union industry prices during that period. 
As mentioned before, an anti-dumping investigation regarding this company resulted 
in the imposition of a definitive anti-dumping duty of 35,8%. This investigation also 
concluded  that  the  volume  of  imports  from  this  company  during  the  investigation 
period of that investigation (2009) had doubled when compared to the imports of the 
same company during the investigation period of the original investigation concluded 
in  2007  (2005).  The  investigation  with  regard  to  Since  Hardware  (Guangzhou)  Co 
concluded that as a consequence the Union industry suffered material injury.  

(151)  In addition, the investigation showed that, prior to the initiation of the present expiry 
review,  Chinese  exporting  producers  already  approached  potential  customers  in  the 
Union  with  price  offers  significantly  undercutting  the  Union  industry’s  sales  price. 
This shows that it is very likely that the Chinese exporting producers would attempt to 
enter the Union market in increased quantities by lowering their current price levels if 
measures would be allowed to lapse. 

14. 

Attractiveness  of  the  Union  market,  existing  measures  in  other  third  countries  and 
spare capacity 

(152)  As mentioned above in recitals (55) to (57), the Chinese industry of ironing boards is 
highly  export  oriented  and,  even  after  the  imposition  of  the  measures,  the  Union 
remains their largest and most attractive market.  

(153)  For  the  Chinese  exporting  producers  the  US  the  second  largest  export  market. 
However, access to the US market remains restricted due to the existence of high anti-
dumping measures which were extended until 2015. This reinforces the likelihood that 
imports from the PRC would be directed to the Union market in increased quantities 
should measures not be maintained.  

(154)  According to the information collected by the Commission from the US sunset review, 
there  are  potentially  substantial  spare  capacities  available  in  the  PRC  and  further 
additional  capacity  can  be  easily  increased  in  case  the  anti-dumping  duties  were 
revoked  as  the  production  of  ironing  boards  in  the  PRC  is  labour  intensive  and  any 
increase  in  production  does  not  require  important  investments  or  specific  skills. 
Therefore, on the basis of all the information available, it was concluded that there are 
at  least  potentially  substantial  spare  capacities  available  in  the  PRC,  which  could  be 
re-directed to the Union market should the anti-dumping measures be allowed to lapse. 

15. 

Other factors 

15.1.  Non-dumped imports from the PRC 

(155)  As mentioned above, during the ERIP no dumping was found for the only cooperating 
Chinese exporter which has an individual duty of 22,7%. However, since the imports 
of  this  company  represented  only  a  minimal  proportion  of  the  total  Chinese  import 
volume,  they  could  not  be  considered  as  significant  and  could  not  be  considered  as 
having contributed to the fragile situation of the Union industry during the ERIP. 

EN 

28 

   EN 

(156)  It  was  also  established  that  imports  from  this  company  were  not  undercutting  the 

prices of the Union industry during the ERIP. 

15.2. 

Imports from Ukraine 

(157)  As  mentioned  above,  imports  of  ironing  boards  originating  in  Ukraine  increased  by 
24%.  This  resulted  in  a  slight  increase  of  the  corresponding  market  over  the  period 
considered.  

(158)  However,  the  average  import  price  increased  from  2008  to  the  ERIP  by  14%,  and 
reached the same price level than the Union industry in the Union market during the 
ERIP.  

(159)  Therefore,  the  fragile  situation  of  the  Union  industry  cannot  be  explained  by  the 
imports of ironing boards from Ukraine. Likewise, it is not likely that imports from the 
Ukraine  would  contribute  to  the  recurrence  of  injury  should  measures  be  allowed  to 
lapse. 

1.1. 

15.3.  Imports from other third countries not subject to measures 

(160)  Import  volume  from  other  third  countries  not  subject  measures  increased  over  the 
period  considered,  though  there  was  a  slight  decrease  between  2010  and  the  ERIP. 
This increase in import volume also translated into an increase in market share during 
the same period, from 5-10% to 15-20%.  

(161)  Although price levels of other third countries’ imports were below the average prices 
of  the  Union  industry,  they  were  above  the  average  import  prices  from  The  PRC  as 
established during the current investigation. 

(162)  Despite  the  above,  Chinese  imports  are  likely  to  increase  significantly  at  dumped 
prices undercutting the Union industry`s prices. Indeed, the investigation revealed that 
the average import prices from the PRC without anti-dumping duty were undercutting 
the Union industry’s  sales prices on the  Union market by about 20%. Thus, Chinese 
imports are expected entering the Union market at prices lower than the average price 
of  the  imports  from  other  third  countries,  should  measures  be  allowed  to  lapse,  as  it 
was already the case during the ERIP. Therefore, it was concluded that imports from 
third country markets although having had some impact on the situation of the Union 
industry, cannot invalidate the conclusion of the likelihood of recurrence of injurious 
dumping from Chinese imports should measures be allowed to lapse.  

15.4.  Decrease in consumption 

(163)  It  is  noted  that  the  apparent  decrease  in  consumption  between  2010  and  the  ERIP  is 
mainly  the  statistical  effect  of  the  decrease  in  imports  caused  the  imposition  of  anti-
dumping measures against Since Hardware (Guangzhou) Co. During the same period, 
the Union industry was able to increase its sales volume and market share. Therefore, 
the  decrease  in  consumption  could  not  have  had  an  impact  on  the  situation  of  the 
Union industry.  

16. 

Conclusion on the liklihood of recurrecne of injury 

(164)  The investigation established a likelihood of recurrence of injury should measures be 

allowed to lapse. 

(165)  Taking  into  account  the  level  of  dumping  still  exercised  by  the  Chinese  exporting 
producers,  the  attractiveness  of  the  Union  market,  the  past  behaviour  of  the  Chinese 
exporting  producer  Since  Hardware  (Guangzhou)  Co  evidenced  in  the  investigation 
concluded  in  December  2010,  the  possibility  for  Chinese  producers  to  increase 

EN 

29 

   EN 

capacity easily in case of increased demand, the strong export orientation of Chinese 
producers and their price strategies, in the event that measures were allowed to lapse, 
it  is  likely  that  the  Union  industry  would  be  confronted  with  an  increase  of  dumped 
Chinese imports, significantly undercutting the Union industry's prices. In such case, 
not only the already difficult situation of the Union industry in terms of profitability is 
expected  to  worsen,  but  also  some  of  the  recent  improvements  in  the  overall 
performance of the Union industry are likely to reverse. 

17. 

Introduction 

G. UNION INTEREST 

(166)  In  compliance  with  Article  21  of  the  basic  Regulation,  it  was  examined  whether  the 
imposition of anti-dumping measures on imports of ironing boards originating in the 
PRC following the findings of the present expiry review would not be in the interest of 
the  Union  as  a  whole.  The  determination  of  the  Union  interest  was  based  on  an 
appreciation of all the various interests involved. All interested parties were given the 
opportunity  to  make  their  views  known  pursuant  to  Article  21(2)  of  the  basic 
Regulation.  

(167)  The present investigation is a review that analyses a situation in which anti-dumping 
measures have already been in place. Therefore, it allows the assessment of any undue 
negative impact on the parties concerned by the current anti-dumping measures. 

(168)  It  is  also  noted  that  it  is  proposed  to  terminate  the  anti-dumping  proceeding  with 
regards to imports of ironing boards originating in Ukraine which leads to an increased 
access of imports of third countries without restrictions to the Union market. 

(169)  On  this  basis,  it  was  examined  whether, despite the  conclusions on  the likelihood of 
recurrence of injurious dumping, compelling reasons existed which would lead to the 
conclusion  that  it  is  not  in  the  Union  interest  to  maintain  measures  against  imports 
originating in the PRC. 

18. 

Interest of the Union industry  

(170)  The  Union  industry  has  proven  to  be  a  viable  industry.  This  was  confirmed  by  the 
positive development of its economic situation observed during the period considered 
partly  due  to  its  efforts  to  be  more  competitive  and  the  measures  in  place.  It  can 
reasonably  be  expected  that  the  Union  industry  will  continue  to  benefit  from  the 
measures  to  be  maintained.  Should  the  measures  against  imports  originating  in  the 
PRC not be maintained, it is likely that the Union industry will suffer material injury 
from  substantial  volumes  of  dumped  imports  from  the  PRC,  causing  a  serious 
deterioration  of  its  financial  situation  given  the  undercutting  margins  established 
during  the  ERIP.  The  currently  already  negative  profitability  rates,  return  on 
investments  and  stocks  will  further  decline  and  ultimately  lead  to  the  likely 
disappearance of the Union industry. 

(171)  Accordingly,  it  is  concluded  that  the  maintenance  of  anti-dumping  measures  against 

the PRC would be clearly in the interest of the Union industry. 

19. 

Interest of other parties 

(172)  None  of  the  15  contacted  importers/traders  cooperated.  None  of  other  potential 
interested  parties  made  themselves  known  during  the  investigation.  There  is  no 
evidence suggesting that the measures in force would considerably affect the importers 
or consumers of the product concerned. In this context, it can be reasonably assumed 
that  the  main  customers,  i.e.  large  retail  stores,  will  be  able  to  pass  on  any  price 

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increase  resulting  from  anti-dumping  duties  to  the  final  consumer  without  impacting 
substantially on consumer’s perception.  

20. 

Conclusion on Union interest 

(173)  On  this  basis,  it  can  be  concluded  that  there  are  no  compelling  reasons  clearly 
indicating that maintaining the measures against the PRC would be against the overall 
Union interest. 

H. ANTI-DUMPING MEASURES 

(174)  All  parties  were  informed  of  the  essential  facts  and  considerations  on  the  basis  of 
which  it  is  intended  to  recommend  that  the  existing  measures  be  maintained  on 
imports  of  the  product  concerned  originating  in  the  PRC  and  the  repeal  of  the 
measures  in  force  on  imports  of  the  product  concerned  originating  in  Ukraine.  They 
were also granted a period to make representations. 

(175)  It follows from  the above that, as provided for by Article 11(2) and Article  11(3) of 
the  basic  Regulation,  the  anti-dumping  measures  applicable  to  imports  of  ironing 
boards originating in the People’s Republic of the PRC should be maintained and the 
anti-dumping duty in force on imports of ironing boards originating in Ukraine should 
be allowed to lapse. 

HAS ADOPTED THIS REGULATION: 

Article 1 

1. 

2. 

A  definitive  anti-dumping  duty  is  hereby  imposed  on  imports  of  ironing  boards, 
whether  or  not  free-standing,  with  or  without  a  steam  soaking  and/or  heating  top 
and/or blowing top, including sleeve boards, and essential parts thereof, i.e. the legs, 
the top and the iron rest, currently falling within CN codes ex 3924 90 00, ex 4421 
90  98,  ex  7323  93  00,  ex  7323  99  00,  ex  8516  79  70  and  ex  8516  90  00  (TARIC 
codes 3924 90 00 10, 4421 90 98 10, 7323 93 00 10, 7323 99 00 10, 8516 79 70 10 
and 8516 90 00 51) and originating in the People's Republic of China.  

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

Country  Manufacturer 

Rate of 
duty(%) 

TARIC 
additional code 

People’s 

Republic 

of China 

Foshan City Gaoming Lihe Daily 

Necessities Co. Ltd., 
Foshan 

34,9 

A782 

Guangzhou Power Team 

Houseware Co. Ltd., 
Guangzhou 

Since Hardware (Guangzhou) 
Co., Ltd., Guangzhou 

Foshan Shunde Yongjian 
Housewares and 
Hardware Co. Ltd., 

39,6 

A783 

35,8 

A784 

18,1 

A785 

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Foshan 

Zhejiang Harmonic Hardware 

Products Co. Ltd., 
Guzhou 

Greenwood Houseware (Zhuhai) 
Ltd, Guangdong 

All other companies 

26,5 

A786 

22,7 

42,3 

A953 

A999 

3. 

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

The anti-dumping proceeding concerning imports of ironing boards originating in Ukraine is 
hereby  terminated  and  anti-dumping  measures  imposed  on  Ukraine  by  Regulation  (EC)  No 
452/2007 are herewith repealed.  

Article 2 

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

Article 3 

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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