COMMISSION STAFF WORKING DOCUMENT Accompanying the document REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL 42nd Annual Report from the Commission to the European Parliament and the Council on the EU’s Anti-Dumping, Anti-Subsidy and Safeguard activities and the Use of Trade Defence Instruments by Third Countries targeting the EU in 2023
Date: 2024-09-24
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: activity report, anti-dumping measure, anti-subsidy proceeding, countervailing charge, import (EU), import restriction, originating product, surveillance concerning imports, third country, trade dispute

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 24.9.2024  SWD(2024) 221 final  COMMISSION STAFF WORKING DOCUMENT Accompanying the document REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL 42nd Annual Report from the Commission to the European Parliament and the Council on the EU’s Anti-Dumping, Anti-Subsidy and Safeguard activities and the Use of Trade Defence Instruments by Third Countries targeting the EU in 2023       {COM(2024) 413 final}  
 
 
Table of Contents 

1.  OVERVIEW OF THE LEGISLATION ............................................................................................................. 3 

1.1.  Anti-dumping and anti-subsidy ........................................................................................... 3 

1.1.1. 

The international framework ........................................................................................... 3 

1.1.2. 

The EU legislation ........................................................................................................... 3 

1.2. 

Safeguards .............................................................................................................................. 4 

1.2.1. 

The international framework ........................................................................................... 4 

1.2.2. 

The EU legislation ........................................................................................................... 4 

2.  GENERAL OVERVIEW OF ANTI-DUMPING AND ANTI-SUBSIDY INVESTIGATIONS AND MEASURES ... 5 

2.1.  Measures in place .................................................................................................................. 5 

2.2.  New investigations – recent evolution .................................................................................. 5 

2.3.  Review investigations – recent evolution ............................................................................. 6 

3.  OVERVIEW OF ACTIVITIES IN 2023 ........................................................................................................... 7 

3.1.  New investigations ................................................................................................................. 7 

3.1.1. 

Initiations......................................................................................................................... 7 

3.1.2. 

Provisional measures ...................................................................................................... 8 

3.1.3. 

Definitive measures ......................................................................................................... 8 

3.1.5. 

New investigations terminated without measures ......................................................... 18 

3.2.  Review investigations .......................................................................................................... 18 

3.2.1. 

Expiry reviews ............................................................................................................... 18 

3.2.2. 

Interim reviews .............................................................................................................. 41 

3.2.3. 

New exporter reviews .................................................................................................... 42 

3.2.4. 

Anti-absorption investigations ....................................................................................... 43 

3.2.5. 

Anti-circumvention investigations ................................................................................. 44 

3.2.6. 

“Other” reviews (reinvestigations, or re-openings) ..................................................... 47 

3.3. 

Safeguard investigations ..................................................................................................... 50 

4.  ENFORCEMENT OF ANTI-DUMPING/COUNTERVAILING MEASURES ................................................... 52 

4.1. 

Follow-up of measures ........................................................................................................ 52 

4.2.  Monitoring of undertakings ............................................................................................... 52 

5.  REFUNDS ..................................................................................................................................................... 53 

6. 

7. 

INFORMATION AND COMMUNICATION ACTIVITIES / BILATERAL CONTACTS ................................. 53 

JUDICIAL REVIEW: DECISIONS GIVEN BY THE COURT OF JUSTICE AND THE GENERAL COURT .. 54 

7.1.   Overview of the judicial reviews in 2023 ........................................................................... 54 

7.2.   Cases pending ...................................................................................................................... 54 

7.3.   New cases .............................................................................................................................. 54 

7.4.   Selection of court decisions ................................................................................................. 54 

8.  ACTIVITIES BY THIRD COUNTRIES TARGETING THE EU ..................................................................... 61 

1 

 
 
 
9.  ACTIVITIES IN THE FRAMEWORK OF THE WTO .................................................................................. 66 

9.1 

Dispute settlement in the field of trade defence ................................................................ 66 

9.2  Meetings of the WTO Anti-dumping, ASCM and Safeguards Committees. ................. 68 

2 

 
 
1.  OVERVIEW OF THE LEGISLATION 

1.1.  Anti-dumping and anti-subsidy 

1.1.1. 

The international framework 

Unfair trading  practices such  as  dumping and the  granting  of  subsidies  were identified  as  a  threat to  open 
markets  as  early  as  1947,  when  the  first  GATT  agreement  was  signed.  The  agreement  contained  specific 
provisions  allowing  GATT  members  to  act  against  these  practices  if  they  caused  material  injury  to  the 
domestic industry of a GATT member. Today's globalised trade environment is characterised by quicker and 
cheaper  communication  and  transportation,  as  well  as  the  coexistence  of  different  models  of  economic 
governance. In such a world, trade defence instruments are more relevant than ever as trade distortions that 
underlie the application of these instruments are widespread. 

Since  the  beginning  of  the  GATT  in  1947,  considerable  efforts  have  been  made  to  harmonise  the  rules 
relating to trade defence instruments. During the last GATT round (the « Uruguay Round »), which led to the 
creation  of  the  World  Trade  Organisation  (WTO)  and  the  detailed  Anti-Dumping  and  Anti-Subsidy 
Agreements, much of the attention has been focused on the procedural and material conditions to be fulfilled 
before measures can be adopted. The EU played an active role in the negotiation of these agreements, which 
are reflected in its own legislation. In this sense, the EU applies its anti-dumping (AD) and anti-subsidy (AS) 
legislation  in  a  rigorous  and  consistent  manner.  Unfortunately,  many  WTO  Members  lack  this  type  of 
restraint,  thereby  affecting  negatively  also  EU  operators.  The  role  that  the  EU  plays  as  a  prudent  but 
determined  user  has  therefore  also  an  exemplary  function  at  WTO  level.  Against  this  backdrop,  the  EU 
continues to play a leading active role in any efforts to update the WTO rulebook. 

1.1.2. 

The EU legislation 

The EU’s anti-dumping and anti-subsidy legislation was first enacted in 1968 and has since been modified 
several  times.  The  current  basic  texts,  which  form  the  legal  basis  of  anti-dumping  and  anti-subsidy 
investigations in the EU, entered into force in March 1996 and October 1997 respectively. These are in line 
with the Anti-Dumping and Anti-Subsidy Agreements adopted during the GATT/WTO negotiations. These 
texts were codified in 2016 to reflect changes previously made. The basic texts are: 

– 

– 

Regulation  (EU)  2016/1036  of  the  European  Parliament  and  of  the  Council  on  protection 
against  dumped  imports  from  countries  not  members  of  the  European  Union  –  Codified 
Version1, 
Regulation  (EU)  2016/1037  of  the  European  Parliament  and  of  the  Council  on  protection 
against  subsidised  imports  from  countries  not  members  of  the  European  Union  –  Codified 
Version2. 

These  regulations  will  overall  be  referred  to  as  the  "basic  anti-dumping  (AD)  Regulation"  and  the  “basic 
anti-subsidy  (AS)  Regulation”.  Both  regulations  were  last  modified  by  Regulation  (EU)  2017/2321  of  12 
December  20173  ,  Regulation  (EU)  2018/825  of 30 May  20184  and  Regulation (EU)  2020/1173  of  4 June 
20205.  

The EU's legislation contains a number of provisions aimed at ensuring a balanced application of the EU’s 
anti-dumping and anti-subsidy rules on all interested parties. These provisions include the “EU interest test” 
and the “lesser duty rule”, which go beyond the Union's WTO obligations. 

The  EU  interest  test  is  a  public  interest  clause  and  provides  that  measures  cannot  be  applied  if  it  is 
established that they are contrary to the overall economic interest of the EU. This requires an analysis of all 

1   
2   
3   
4   
5  

OJ L 176, 30.6.2016, p.21. 
OJ L 176, 30.6.2016, p.55. 
OJ L 338, 19.12.2017, p.1. 
OJ L 143, 07.06.2018, p.1. 
OJ L 259, 10.08.2020, p. 1. 

3 

 
 
 
 
 
 
 
 
 
 
  
 
 
the  economic  interests  involved,  including  those  of  the  EU  industry  and  its  suppliers,  downstream  users, 
consumers and traders of the product concerned.  

The lesser duty rule used to require that the measures imposed by the EU be always lower than the dumping 
or subsidy margin, if a lower duty rate was sufficient to remove the injury suffered by the EU industry. Such 
a  “no-injury”  rate  is  usually  determined  by  comparing  import  prices  under  investigation  with  the  cost  of 
production  of  the  EU  industry  and  a  reasonable  profit  margin.  Since  the  2018  amendments  to  the  basic 
Regulations,  the  lesser  duty  rule  does  not  apply,  in  principle,  in  anti-subsidy  investigations,  which  means 
anti-subsidy measures will fully offset the subsidies that an exporter has received. Also, since 2018, in anti-
dumping  investigations,  the  application  of the  lesser duty  rule may  be  modulated  under  certain  conditions 
relating to evidence of significant raw material distortions in the exporting country.   

This new practice reflects the increased attention of the EU to tackle unfair and injurious subsidisation and 
artificial  distortions  by third  countries.  The  EU  is  one  of the few investigating authorities  on  a  worldwide 
level that applies the lesser duty rule in such a coherent and comprehensive way. The Commission presented 
a review and evaluation of the modulation of the lesser duty rule to the Council and the European Parliament 
in 20236. 

1.2.  Safeguards 

1.2.1. 

The international framework 

The  principle  of  liberalisation  of  imports  was  set  under  the  GATT  1947  and  strengthened  under  the  1994 
WTO  Agreements.  As  safeguard  measures  consist  of  the  unilateral  withdrawal  or  suspension  of  a  tariff 
concession  or  of  other  trade  liberalisation  obligations  formerly  agreed,  they  must  be  considered  as  an 
exception  to  this  principle.  Article  XIX  GATT  1994  and  the WTO  Agreement on  Safeguards  do  not  only 
impose strict conditions for the application of this "escape clause", but also put in place a multilateral control 
mechanism under the WTO Committee on Safeguards. 

Under  WTO  rules,  safeguard  action  must  be  viewed  as  a  temporary  defence  measure  that  applies  to  all 
imports  of  the  product  covered  by  a  measure,  irrespective  of  origin.  As  regards  non-WTO  members, 
safeguard  measures  may  be  selective  and  apply  to  products  originating  in  a  specific  country.  WTO 
Accession  Protocols  may  also  provide  for  such  selective  safeguard  mechanisms,  as  was  the  case  in  the 
Protocol of Accession of the People’s Republic of China (PRC), although the provision has now expired.  

Definitive  WTO  safeguards  should  only  be  adopted  after  a  comprehensive  investigation  that  provides 
evidence of the existence of a) unforeseen developments leading to b) increased imports, c) the existence of a 
serious injury or a threat of injury for EU producers and d) a causal link between the imports and the injury. 
Moreover,  FTAs  concluded  by  the  Union  with  third  countries  often  include  a  ‘bilateral  safeguard  clause’, 
i.e., a provision that allows for the temporary suspension of tariff concessions made under the FTA. 

1.2.2. 

The EU legislation 

The  above-mentioned  WTO  principles  are  reflected  in  the  relevant  EU  regulations,  except  for  the 
“unforeseen development requirement” (which is not found explicitly in the EU legislation nor in the WTO 
Agreement on Safeguards but has been confirmed as a self-standing condition by WTO jurisprudence, as per 
Article  XIX  of  GATT 1994).  Additionally, the  adoption  of measures  in  the  EU  requires  an analysis of all 
interests  concerned,  i.e.,  the  impact  of  the  measures  on  producers,  users  and  consumers.  In  other  words, 
safeguard  action  can  only  be  taken  when  it  is  in  the  EU’s  interest  to  do  so.  The  current  EU  safeguard 
instruments are covered by the following regulations: 

-  Regulation  (EU)  2015/478  of the  European  Parliament and  of the  Council  of 11  March  2015 on 
common rules for imports (codification);7  

6              

 COM/2023/294 final 

7   

OJ L 83, 27.3.2015, p.16. 

4 

 
 
 
 
  
 
 
 
 
 
 
 
 
 
  
-  Regulation  (EU)  2015/755  of  the  European  Parliament  and  of  the  Council  of  29  April  2015  on 
common rules for imports from certain third countries (recast);8 
-  Regulation  (EU)  2019/287  of  the  European  Parliament  and  of  the  Council  of  13  February  2019 
implementing  bilateral  safeguard  clauses  and  other  mechanisms  allowing  for  the  temporary 
withdrawal of preferences in certain trade agreements concluded between the European Union and 
third countries;9 
-  Regulation  (EU)  2015/936  of  the  European  Parliament  and  of  the  Council  of  9  June  2015  on 
common  rules  for  imports  of  textile  products  from  certain  third  countries  not  covered  by  bilateral 
agreements, protocols or other arrangements, or by other specific EU import rules (recast).10 

The first two regulations are referred to as the "basic safeguard Regulation(s)". 

2.  GENERAL OVERVIEW OF ANTI-DUMPING AND ANTI-SUBSIDY INVESTIGATIONS AND MEASURES   

The  number  of  new  investigations  initiated  in  2023  was  higher  than  the  previous  year,  with  12  initiations 
compared to 5 in 2022.  

The number of measures imposed in 2023 was less than the previous year. The Commission imposed 6 new 
definitive measures and 5 provisional measures giving a total of 11, compared to 13 in 2022.11 At the same 
time, 1 investigation was terminated without the imposition of measures, which brought the total number of 
new investigations concluded in 2023 to12.  

As to the reviews initiated during 2023, the total was lower than in 2022, with 31 initiations compared to 41. 
These  included  10  expiry  reviews  (1  of  which  concerned  anti-subsidy  measures).  The  Commission 
concluded  24  expiry reviews  in  2023  confirming the  continuation  of  duties in all  but  one  case.  Below  are 
details on new investigations and review investigations.  

2.1.  Measures in place 

At the end of 2023, the EU had 120 definitive anti-dumping measures (which were extended12 in 36 cases) 
and  21  countervailing  measures  in  force  (extended  in  4  cases).13  The  anti-dumping  measures  cover  91 
products  from  26  countries  (see  Annex  O).  The  countervailing  measures  covered  21  products  from  9 
countries (see Annex P).  

Regarding  the  anti-dumping  measures  in  force  at  the  end  of  2023,  the  countries  and  territories  concerned 
were  the  People’s  Republic  of  China  (PRC)  (72  measures),  Russia  (11  measures),  Indonesia  (8 measures) 
Korea  and  Thailand  (7  measures  each),  India,  Malaysia,  Taiwan  and  Türkiye  (6  measures  each),  US  (4 
measures),  Morocco  (3  measures),  Belarus,  Brazil,  Laos,  Philippines,  Sri  Lanka  (2  measures  each)  and 
Cambodia, Canada, Egypt, Iran, Japan, Pakistan, Saudi Arabia, Trinidad & Tobago, Tunisia and Vietnam (1 
measure each).  

Regarding  the  anti-subsidy  measures  in  place,  the  countries  concerned  were  PRC  (10  measures),  India  (4 
measures), Türkiye (3 measures)  Egypt and Indonesia (2  measures  each)  and Argentina,  Canada, Morocco 
and US (1 each).  

2.2.  New investigations – recent evolution 

In the 5-year period from 2019 to 2023, the Commission initiated 62 new investigations on imports from 13 
countries.  

8   
9   
10   
11  
12  
13  

OJ L 123, 19.5.2015, p.33. 
OJ L 53, 22.2.2019, p.1. 
OJ L 160, 25.6.2015, p.1. 
Not including safeguard measures. 
Measures were extended to other third countries or products if circumvention was found. 
The measures are counted per product and country concerned. 

5 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
The main sector concerned by the new initiations was iron and steel with 11 investigations. A breakdown of 
the sectors concerned is in Annex B (A). 

The  countries concerned  by  the  highest  number  of  initiations in the period  from  2019 to  2023  include the 
PRC – 31; Indonesia - 6; Türkiye and Egypt – 5 each, India – 4; Korea, Russia, US - 2 each, Bahrain, Brazil, 
Morocco, Saudi Arabia and Taiwan - 1 each. A table showing all the investigations initiated over the last 5 
years broken down by country of export is available at Annex B (B). 

Table  1  below  provides  statistical  information  on  the  developments  regarding  new  investigations  for  the 
years 2019 – 2023.  

TABLE 1 
Evolution of new anti-dumping, anti-subsidy investigations 
during the period 1 January 2019 - 31 December 2023 
2021 
14 
29 

2020 
15 
31 

2019 
16 
28 

2022 
5 
21 

2023 
12 
21 

New investigations initiated during the period 
New investigations in progress during the period 
New investigations concluded : 
- 

by imposition of definitive duty or 
acceptance of undertakings 
terminations14 

- 
Total new investigations concluded during the 
period 
New provisional measures imposed 

7 
5 

12 

5 

11 
5 

16 

6 

12 
1 

13 

10 

11 
1 

12 

3 

6 
1 

7 

5 

2.3.  Review investigations – recent evolution  

Anti-dumping  measures,  including  price  undertakings,  may  be  subject,  under  the  basic  AD  Regulation,  to 
five  different  types  of  reviews:  expiry  reviews  (Article  11(2)),  interim  reviews  (Article  11(3)),  newcomer 
investigations  (Article  11(4)),  absorption  investigations  (Article  12)  and  anti-circumvention  investigations 
(Article 13). The Commission also carries out “other” reviews consisting in re-opening of investigations to 
implement court rulings. 

Anti-subsidy  measures  may  also  be  subject,  under  the  basic  AS  Regulation,  to  five  different  types  of 
reviews: expiry reviews (Article 18), interim reviews (Article 19), absorption investigations (Article 19(3)), 
accelerated reviews (Article 20) and anti-circumvention investigations (Article 23). In addition, here also, the 
Commission can re-open investigations to implement court rulings. 

Reviews continue to represent a major part of the work of the Commission's TDI services. In the period from 
2019  to  2023,  the  Commission  initiated  151  review  investigations.  These  reviews  represented  71%  of  all 
anti-dumping and anti-subsidy investigations initiated in that period.  

In 2023, the Commission initiated 31 reviews. These comprised 10 expiry reviews (compared to 27 in 2022), 
4 interim reviews, 3 ‘new exporter’ reviews, 10 anti-circumvention investigations (counted per product and 
country  of  alleged  circumvention  practice)  4  safeguard  reviews.  At  the  same  time,  the  Commission 
concluded 42 reviews – 24 of which were expiry reviews (3 concerned anti-subsidy measures). 

An overview of the review investigations in 2023 can be found in Annexes F to K. Table 2 below provides 
statistical information for the years 2019 – 2023. 

14  

Investigations might be terminated for reasons such as the withdrawal of the complaint, de minimis dumping or 
injury, lack of causal link etc. 

6 

 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
TABLE 2 
Reviews of anti-dumping and anti-subsidy investigations 
during the period 1 January 2019 - 31 December 202315 

Reviews initiated during the period 

Reviews in progress during the period 

Total reviews concluded during the period16 

2019 
23 

2020 
28 

2021 
28  

2022 
41 

2023 
31 

49 

22 

55 

25  

58 

21 

78 

39 

70 

42 

3.  OVERVIEW OF ACTIVITIES IN 2023 

3.1.  New investigations 

3.1.1. 

Initiations 

In  2023,  the  Commission  initiated  10  new  anti-dumping  and  2  new  anti-subsidy  investigations.  4  of  the 
investigations concerned the chemicals sector, 3 initiations concerned the plastics and rubber sector while 3 
concerned  other  sectors.  The  investigations  concerned  4  different  countries,  with  9  of  the  investigations 
concerning imports from the PRC. Details of the investigations are given in Annexes A and B. 

The list of cases initiated in 2023 can be found below, together with the names of the complainants. More 
information can be obtained from the Official Journals - publications reference in Annex A. 

Product 
(Type of investigation: AD or AS) 
Electrolytic manganese dioxides 
(certain) AD 

Polyethylene terephthalate (PET) AD 

Alkyl Phosphate Esters (certain) AD 

Mobile access equipment AD 

Titanium dioxide AD 

Origin 

People's 
Republic of 
China 
People's 
Republic of 
China 
People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

Complainant 

AUTLAN EMD SL 

PET Europe 

ICL Europe U.A., Lanxess 
Deutschland GmbH, PCC 
Rokita S.A 

Coalition to restore a level 
playing field in the EU Mobile 
Access Equipment Sector’ 
(‘CMAE’)  

European Titanium Dioxide Ad 
Hoc Coalition (‘ETDC’)  

Polyvinyl Chloride AD 

Egypt 
United States of 
America 

Polyvinyl Chloride Trade 
Committee 

15  

16  

A  case  concerning  several  countries,  but  the  same  product  is  accounted  as  separate  investigation/proceeding 
per country involved. The table includes reopenings of investigations (‘other’ reviews). 
Investigations which were conducted and concluded under  the specific provisions of the regulation imposing 
the original measures are not counted as there was no publication of the initiation. 

7 

 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
Optical fibre cables (OFC) AD 

India 

Europacable 

Erythritol AD 

Biodiesel AD 

New battery electric vehicles for 
passengers AS 

Alkyl Phosphate Esters (certain) AS 

People's 
Republic of 
China 
People's 
Republic of 
China 
People's 
Republic of 
China 

People's 
Republic of 
China 

Jungbunzlauer S.A. 

European Biodiesel Board 

Ex-officio 

ICL Europe U.A., Lanxess 
Deutschland GmbH and PCC 
Rokita S.A 

3.1.2. 

Provisional measures 

In 2023, provisional duties were imposed in 5 new anti-dumping investigations. There were no provisional 
anti-subsidy measures imposed.17  

The list of cases where provisional measures were imposed during 2023 can be found below, together with 
the  measures  imposed.  More  information  can  be  obtained  from  the  Official  Journal  publications  to  which 
reference is given in Annex C. 

Product 

Origin 

Type18 and level of measure 

Stainless steel refillable kegs 

Bulb flat 

Electrolytic manganese 
dioxides (certain) 
Polyethylene terephthalate 
(PET) 

3.1.3.  Definitive measures 

People's Republic 
of China 
People's Republic 
of China 
Türkiye 
People's Republic 
of China 
People's Republic 
of China 

AD: 52,9% - 58,8%; All others: 91% 

AD: 14,7% 
AD: 13,6% 

AD: 0% - 15,8% All others: 34,6% 

AD: 6,6% - 17,2% All others: 24,2% 

During  2023,  definitive  duties  were  imposed  in  6  anti-dumping  investigations.  The  list  of  cases  where 
definitive measures were imposed can be found below, together with the range of the duties imposed. More 
information can be obtained from the Official Journals referred to in Annex D. 

Product 

Aluminium road wheels 

Origin 

Morocco 

Fatty Acid 

Indonesia 

Type19 and level of measure 

AD: 9% - 17,5%  

AD: 15,2% - 46,4%  

17  

18  
19  

Anti-subsidy  investigations  often  run  in  parallel  to  anti-dumping  investigations,  where  the  provisional  anti-
dumping duty already provides some relief to the Union industry. 
AD: anti-dumping duty; CVD: countervailing duty; UT: undertaking. 
AD: anti-dumping duty; AS: countervailing duty (anti-subsidies); UT: undertaking. 

8 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Ceramic tiles 

India 
Türkiye 

AD: 6,7% - 8,7%  
AD: 4,8% - 20,9%  

Polyester yarn (High tenacity)  People's Republic 

Stainless steel refillable kegs 

of China 

People's Republic 
of China 

AD: 6.9% 

AD: 62,6% - 69,6%  

3.1.4 Details of individual cases with application of new measures 

Certain aluminium road wheels originating in Morocco – anti-dumping investigation. 

In  November  2021,  the  Commission  initiated  an  anti-dumping  investigation  regarding  imports  of  certain 
aluminium road wheels (‘ARW’) originating in Morocco, following a complaint lodged by the Association 
of European Wheel Manufacturers on behalf of the industry of certain aluminium road wheels.  

The  product  concerned  was  defined  as  aluminium  road  wheels  of  the  motor  vehicles  of  headings  8701  to 
8705, whether or not with their accessories and whether or not fitted with tyres.  

The  investigation  of  dumping  and  injury  covered  the  period  from  1  October  2020  to  30  September  2021, 
while the examination of trends relevant for the assessment of injury covered the period from 1 January 2018 
to the end of the investigation period.  

Sampling 

Since sampling replies were received from the only two known exporting producers in Morocco sampling 
was not necessary. 

Three  Union  producers  representing  almost  20%  of  the  total  production  volume  of  the  known  Union 
producers of the like product, were sampled at initiation. The sample ensured a good geographical spread.  

None of the known unrelated importers came forward but two users submitted questionnaire replies. 

Dumping 

One of the exporting producers was considered non-cooperating, in application of Article 18(1) of the basic 
Regulation. The Commission decided to disregard the information submitted by the company regarding the 
domestic and EU sales.  

Consequently, the normal value was only determined for the remaining Moroccan exporting producer. The 
sale of this exporting producer to customers in Morocco concerned ARW produced in an economic zone, and 
subsequently  sold  and  shipped  to  another  economic  zone.  Therefore,  the  Commission  considered  that  the 
ARW never entered the customs territory of Morocco and could therefore not be considered a domestic sale. 
In any event, even if the sales to the economic duty-free zone in Morocco were considered domestic sales, 
they were not representative nor done in the ordinary course of trade as required by Article 2(1) of the basic 
Regulation. 

As a result, the normal value was calculated on the basis of the cost of production in the country of origin 
plus a reasonable amount for selling, general and administrative costs (‘SG&A’) and for profit pursuant to 
Article 2(3) of the basic Regulation.  

As regard profit, the Commission noted that both the Union and Moroccan ARW producers sell to the same 
clients in a homogeneous market, where they compete in the same tenders, and have factories with a similar 
set-up and in particular similar costs. They should therefore be expected to achieve comparable profits. For 
this reason, the Commission used the basic profit established for the Union industry under normal conditions 
of competition. 

9 

 
 
 
 
 
 
 
 
The  cooperating  exporting  producer  exported  to  the  Union  either  directly  to  independent  customers  or 
through a related company acting as an importer. For the sales made directly to independent customers in the 
Union, the export price was the price actually paid or payable for the product concerned when sold for export 
to the Union. For the sales exported to the Union through a related company acting as an importer, the export 
price was established on the basis of the price at which the imported product was first resold to independent 
customers  in  the  Union.  In  this  case,  adjustments  to  the  price  were  made  for  all  costs  incurred  between 
importation and resale, including SG&A expenses, and for profits accruing. The profits were based on the 
profit established in the last expiry review investigation concerning ARW from China. 

The  Commission  adjusted the  normal  value  and  the export  price  for  differences  affecting  prices  and  price 
comparability.  Adjustments  were  made  for  transport,  insurance,  handling  and  loading,  packing  expenses, 
credit costs, rebates and other allowances. 

Based  on  the  methodology  described  above,  the  Commission  found  a  dumping  margin  of  9,01%  for  the 
cooperating exporting producer. The dumping margin for the non-cooperating exporting producer was based 
on the highest dumping margin found for product types sold in representative quantities by the cooperating 
exporting producer: 17,54%. 

Injury and causation 

Almost  all  indicators  showed  a  negative  trend.  Economic  indicators  such  as  profitability,  cash  flow  and 
return  on  investment  deteriorated  significantly  during  the  period  considered.  This  negatively  affected  the 
ability of the Union industry to self-finance operations, to make necessary investments and to raise capital, 
thus impeding its growth and even threatening its survival. The price pressure from the dumped imports at 
lower prices led to losses as from 2020, which further increased in the investigation period. 

The capacity utilisation decreased between 2018 and the investigation period, which resulted in higher fixed 
cost per tonne of ARW. Following the same trend, the Union industry’s sales quantity and market share in 
the period considered declined.  

The  Commission  examined  whether  there  was  a  causal  link  between  the  injury  suffered  by  the  Union 
industry  and  the  dumped  imports  from  Morocco.  The  analysis  of  the  injury  indicators  showed  that  the 
economic situation of the Union industry worsened since the two producers in Morocco started exporting to 
the Union. The prices of these imports undercut those of the Union industry significantly and have exerted a 
significant downward pressure on prices in the Union market. Moroccan imports gained almost a 4% market 
share in a very short period, i.e., less than two years. Moreover, the impact of the Moroccan imports on the 
Union  market  went  beyond  the  actual  quantities  imported  as  a  result  of  the  market  power  of  the  car 
manufacturers. The commercial relationships between car manufacturers and ARW suppliers were based on 
multi-year contracts for the supply of a new car project. As a result, the Union industry could not pass on the 
increase  in  the  costs  of  production.  There  was  a  clear  coincidence  in  time  between  the  steep  increase  in 
imports  from  Morocco  and  the  significant  decrease  in  profitability  of  the  Union  industry.  In  addition,  the 
effect of the imports from Morocco went beyond the increase in their market share because the multiannual 
contracts  currently  won  by  the  Moroccan  companies will  only  impact  the  sales volumes  and  prices  of  the 
Union  industry  after  the  investigation  period.  The  Commission  thus  concluded  that  the  steep  increase  of 
dumped  imports  from  Morocco  in  a  short  period  of  time  caused  material  injury  suffered  by  the  Union 
industry. 

The Commission concluded that there is a causal link between the injury suffered by the Union industry and 
the Moroccan imports and that this causal link is not attenuated by imports from third countries, the export 
performance of the industry, costs evolution, the COVID-19 pandemic or the semiconductor shortage.  

Union interest and measures 

The Commission analysed whether it was in the Union interest to adopt anti-dumping measures. It concluded 
that the effects of the measures on the Union producers would be positive. Despite the claims of a potential 
negative impact on car manufacturers, measures would still not be disproportionate as the negative impact 
would  not  outweigh  the  positive  effects  for  the  Union  producers.  As  regards  claims  that  measures  would 
create increased input costs for car manufacturers, the investigation showed that the percentage of the cost of 
ARWs in the production of a car is minor, approximately 0,5%. The available capacity in the Union and the 

10 

 
 
 
imports from other countries would mitigate any negative effect for car manufacturers by offering alternative 
sources of supply. The restoration of fair competition and of a level playing field, in the absence of dumped 
imports,  would  benefit  the  healthy development  of  the  overall market.  On  these  grounds, the  Commission 
considered that there were no compelling reasons against the imposition of provisional measures on imports 
of certain aluminium road wheels from Morocco. 

On  12  January  2023, the Commission imposed  anti-dumping measures  on  imports  of  ARW  originating in 
Morocco for a period of five years. 

Fatty acid originating in Indonesia – Anti-dumping measures.  

In  November  2021,  the  Commission  initiated  an  anti-dumping  investigation  on  imports  of  fatty  acid 
originating in Indonesia following a complaint lodged by the Coalition against Unfair Trade in Fatty Acid 
(‘CUTFA’), on behalf of producers representing more than 25% of the total Union production.  

In parallel, on 13 May 2022, the Commission initiated an anti-subsidy investigation on imports of fatty acid 
originating  in  Indonesia.  On  3  October  2022 the  anti-subsidy  complaint  was  withdrawn.  The investigation 
had  not  brought  to  light  any  considerations  demonstrating  that  termination  would  not  be  in  the  Union 
interest. Hence, the Commission terminated this investigation on 21 March 2023.  

On 24 August 2022 CUTFA also withdrew the anti-dumping complaint. However, the Commission came to 
conclusion  that  the  conditions  for  the  imposition  of  definitive  measures  remained  fulfilled.  Regarding  the 
Union  interest,  there  were  no  compelling  reasons  against  the  imposition  of  measures.  Therefore,  the 
Commission continued the investigation despite the withdrawal of the complaint. 

The product subject to the anti-dumping investigation is fatty acids saturated or unsaturated with a carbon 
chain length of C6, C8, C10, C12, C14, C16 or C18 with an iodine value below 105 g/100 g originating in 
Indonesia. The product has a wide range of applications, and can be found in numerous common products, 
for  example  several  food  products,  animal  feed,  soaps,  detergents,  pharmaceuticals,  cosmetics  and  other 
personal and homecare products. 

The  investigation  of  dumping  and  injury  covered  the  period  from  1  October  2020  to  30  September  2021 
while the examination of trends relevant for the assessment of injury covered the period from 1 January 2018 
to 30 September 2021 (period considered).  

Sampling 

The Commission selected a sample of three exporting producers, based on the largest representative volume 
of exports to the Union. The Commission selected a sample of four Union producers accounting for 61% of 
production and 63% of sales. No unrelated importer cooperated with the investigation. 

Dumping 

As regards normal value, the analysis of domestic sales showed that at least 80% of the domestic sales of 
each  product  type  was  profitable  and  that  their  weighted  average  sales  price  was  higher  than  the  cost  of 
production. Accordingly, the normal value was calculated as a weighted average of the prices of all domestic 
sales for those product types during the investigating period. For certain product types for which there were 
no or insufficient sales of a product type in the ordinary course of trade or where a product type was not sold 
in representative quantities on the domestic market, the Commission constructed the normal value, unless it 
was  considered  more  appropriate  to  use  the  price  of  a  sufficiently  comparable  product  type  sold  on  the 
domestic  market  which  could  be  adjusted  for  differences  in  physical  characteristics  for  the  purposes  of 
ensuring a fair comparison with the relevant export price. 

For  certain  product  types,  normal  value  was  constructed:  an  appropriate  amount  for  SG&A  expenses  and 
profit was added to the average cost of production of the like product of the cooperating sampled exporting 
producers.  

The sampled exporting producers exported to the Union through related companies acting as an importer in 
the Union. Therefore, the export price was established on the basis of the price at which the imported product 
was first resold to independent customers in the Union. In this case, adjustments to the price were made for 
11 

 
 
 
all costs incurred between importation and resale (including SG&A and profit). As to the profit margin, due 
to the non-cooperation of any unrelated importer, the Commission used the profit margin used in a previous 
proceeding concerning another chemical product - 6,89%. 

The Commission compared the normal value and the export price on an ex-works basis. Where justified by 
the  need  to  ensure  a  fair  comparison,  the  Commission  adjusted  the  normal  value  and  the  export  price  for 
differences  affecting  prices  and  price  comparability.  Adjustments  were  made  for  differences  in  physical 
characteristics,  handling,  loading  and  ancillary  expenses,  freight  in  the  country  concerned,  domestic 
insurance,  domestic  ocean  freight,  freight  in  the  Union,  credit  costs,  bank  charges,  ocean  freight,  ocean 
insurance, packing expenses, warranty and guarantee expenses, and commissions. An adjustment was made 
for  sales  through  related  trading  companies  (in  Singapore  and  the  United  Kingdom).  The  adjustment 
consisted of the SG&A of the trading companies and the profit of 6,89% mentioned in the recital above. 

The comparison of the normal value and the export price resulted in dumping margin of 15,2% and 46,4% 
for the co-operating sampled exporting producers, 26,6% for the other cooperating companies and 46,4% for 
all the other companies. 

Injury and causation 

The volume of dumped imports from Indonesia increased by 13% over the period considered. The market 
share of those imports increased from 17,1% to 20,3% over the same period. Import prices from Indonesia 
increased  from  912  to  1  023  EUR/tonne  over  the  period  considered,  a  rise  of  12%.  These  developments 
should  be seen  in  the  light  of the  worldwide raw material price increase in that period,  which is the  main 
reason  for  the  increase  in  costs.  The  Commission  determined  the  existence  of  significant  undercutting 
(weighted average20 undercutting margin of over 20%) during the investigation period. The Commission also 
concluded  to  the  existence  of  significant  price  depression.  Significant  quantities  of  Indonesian  low-priced 
dumped imports were present in the Union market. 

Some of the main indicators, such as sales prices, profitability, return on investment and investment, showed 
a positive trend. However, the sales prices increase was related to the development in raw material prices. 
Also, despite the modest improvement in profitability and return on investment, the performance remained at 
a level that was inadequate to ensure the viability of the Union industry. Throughout the period considered, 
the  dumped  imports  remained  at  increased  levels  and  low  prices,  the  Union  industry  was  unable  to  raise 
prices to cover its costs and reach the target profit margin (6%). The Commission concluded to the existence 
of price suppression. The deterioration in the economic situation of the Union industry took place in a market 
with  a  relatively  stable  consumption.  The  Union  industry  market  share  declined  by  5%  over  the  period 
considered to 68,3%. The Commission concluded that the Union industry suffered material injury. 

The Commission also examined whether other known factors (imports from other sources than Indonesia, the 
export performance of the Union industry, developments in captive use, developments in consumption, raw 
material  issues  and  alleged  inefficiencies  of  the  Union  industry)  could  at  the  same  time  have  injured  the 
Union industry. The Commission distinguished and separated the effects of all known factors affecting the 
situation  of  the  Union  industry  from  the  injurious  effects  of  the  Indonesian  dumped  imports.  None  of  the 
factors,  collectively  or  separately,  were  found  to  have  a  bearing  on  the  situation  of  the  Union  industry 
sufficient to call into question the conclusion that the Indonesian imports were causing material injury. 

Level of measures 

This  is  one  of  the  cases  where  the  Commission  received  a  claim  related  to  the  existence  of  raw  material 
distortions.  As  the  Commission  established  the  existence  of  these  distortions,  it  examined  whether  a  duty 
lower  than  the  margin  of  dumping  would  be  sufficient  to  remove  the  injury.  The  Commission  first 
established  the  amount  of  duty  necessary  to  eliminate  the  injury  suffered  by  the  Union  industry  in  the 
absence  of  raw  material  distortions.  Then  it  examined  whether  the  dumping  margin  of  sampled  exporting 
producers  would  be  higher  than  their  injury  margin.  Certain  sampled  Union  producers  claimed  that  their 
level  of  investments,  R&D  and  innovation  during  the  period  considered  would  have  been  higher  under 
normal conditions of competition. However, the producers were not able to quantify these claims. Therefore, 

20  
are based on two companies only. 

The undercutting is expressed in weighted average for reasons of confidentiality. The actual figures calculated 

12 

 
 
 
 
it  was  concluded  that  the  target  profit  should  be  set  at  6%.  The  Commission  assessed  the  future  costs 
resulting  from  Multilateral  Environmental  Agreements  and  protocols  thereunder,  to  which  the  Union  is  a 
party, and from the ILO Conventions listed in Annex Ia to the basic Regulation, that the Union industry will 
incur during the period of the application of the measure. The Commission established an additional cost of 
0,1% which was added to the non-injurious price.  

The Commission then determined the underselling margin level which is 30,5% and 38,7% for the sampled 
companies and 35,9% for the other cooperating companies.   

The  Commission  concluded  that  a  duty  lower  than  the  margin  of  dumping  was  insufficient to  remove  the 
injury for one of the exporters (Musim Mas, the only operator whose dumping margin was higher than the 
injury margin). For that company, the investigation found significant distortions in the form of an export tax 
related to crude palm oil and crude palm kernel oil. These raw materials accounted for over 40% and 50% 
respectively of the cost of production while the prices were found to be significantly lower than the prices 
prevailing on the international market.  

Given  the  existence  of  these  raw  material  distortions,  the  Commission  examined  the  Union  interest  test 
related  to  the  modulation  of  the  lesser  duty  rule.  The  Commission  examined  whether  it  was  in  the  Union 
interest to set the definitive duties on the basis of the dumping margin for Musim Mas. The determination of 
this Union interest was based on an appreciation of the spare capacities in the exporting country, competition 
for  raw  materials  and  the  effect  on  supply  chains  for  Union  companies.  The  Commission  concluded  that 
Indonesian producers  had significant spare capacity; the Union industry was at a disadvantageous position 
vis-à-vis Indonesian exporting producers when it comes to access to raw materials for fatty acid;  and users 
would have sufficient access to fatty acid even in case the imports from Indonesia decrease. As a result, the 
Commission concluded that it was in the interest of the Union to set the level of the definitive duties at the 
higher level of dumping for Musin Mas. Regarding the other sampled company (Wilmar), given its dumping 
margin was lower than the injury margin, the existence or not of raw material distortions was irrelevant.   

Union interest and measures 

The Commission examined whether it could conclude that it was not in the Union interest to adopt measures, 
despite the determination of injurious dumping. The imposition of measures was considered in the interest of 
the  Union  industry.  No  cooperation  was  received  from  unrelated  importers/traders.  The  Commission 
concluded that the impact of measures would not be disproportionate for these operators. The Commission 
also  concluded  that  imposing  measures  could  not  lead  to  shortage  of  supply  of  fatty  acid  on  the  Union 
market and users would not be disproportionally affected by the imposition of the measures.  

The raw material suppliers did not cooperate in this investigation. The imposition of measures would also 
benefit them as the Union industry consumes significant quantities of raw materials produced in the Union. 
The Commission concluded that there were no compelling reasons demonstrating that it was not in the Union 
interest to impose measures on imports of fatty acid from Indonesia. 

The  Commission  imposed  definitive  anti-dumping  measures  in  January  2023  based  on  dumping  margins 
ranging from 15,2% to 46,4%. 

Ceramic tiles from India and Türkiye 

In  December  2021,  the  Commission  initiated  an  anti-dumping  investigation  on  imports  of  ceramic  tiles 
originating  in  India  and  Türkiye,  following  a  complaint  lodged  by  the  European  Ceramic  Tile 
Manufacturers’ Association (CET) and supported by more than 30% of the Union industry. 

The product concerned was defined as ceramic flags and paving, hearth or wall tiles; ceramic mosaic cubes 
and the like, whether or not on a backing; finishing ceramics. 

The  investigation  of  dumping  and injury  covered  the  period  from  1  July  2020  to  30  June  2021,  while  the 
examination of trends relevant for the assessment of injury covered the period from 1 January 2018 to the 
end of the investigation period (IP). 

13 

 
 
 
 
 
 
On  15  July  2022,  the  Commission  informed  interested  parties  of  its  intention  not  to  impose  provisional 
measures.  Since  no  provisional  anti-dumping  measures  were  imposed,  no  registration  of  imports  was 
implemented. 

Sampling 

Given  the  large  number  of  Union,  as  well  as  Indian  and  Turkish  exporting  producers  involved  in  this 
investigation, the Commission applied sampling to all groups of producers. 

When selecting the Union industry sample, consideration was given to the fact that the ceramic tiles industry 
is fragmented, with small and medium-sized producers collectively accounting for a significant share of the 
Union  production.  Therefore,  to  ensure  that  the  results  of  large  companies  did  not  dominate  the  injury 
analysis  and  that  the  situation  of  small  and  medium-sized  producers  was  adequately  reflected,  the 
Commission  established  three  producer  categories  based  on  the  annual  production  quantity:  Category  1: 
large  producers  (annual  production  over  10  million  m2);  Category  2:  medium-sized  producers  (annual 
production  between  5  and  10  million  m2);  and  Category  3:  small  producers  (annual  production  below  5 
million  m2).  The  definitive  sample  contained  one  large  producer,  two  medium-sized  producers  and  three 
small producers,  accounting  for  6%  of  total  estimated  Union  production  and  8%  of total  Union industry’s 
sales  in  the  investigation  period  and  covered  four  Member  States  where  approximately  90%  of  the  Union 
production was located.  

On  the  exporters  side,  more  than  140  Indian  exporting  producers  and  18  groups  of  Turkish  exporting 
producers  came  forward  in  the  sampling  exercise.  In  both  cases,  the  Commission  sampled  the  top  three 
groups  of  producers  based  on  the  largest  representative  volume  of  exports  to  the  Union.  The  sampled 
exporting  producers  were the  Conor  Group, the  Icon Group  and  the  Lavish  Group  for  India, and the  Hitit 
Group, the Bien Qua Group and the exporting producer Vitra Karo Sanayi ve Ticaret A.Ş for Türkiye. 

In  the  case  of  unrelated  importers,  given  that  only  a  low  number  of  importers  provided  a  reply  to  the 
sampling form, the Commission decided that sampling was not necessary.  

Dumping 

India 

The  normal  value  was  calculated  as  a  weighted  average  of  the  prices  of  all  domestic  sales  during  the 
investigation period or a weighted average of the profitable sales only, depending on whether at least 80% of 
the  sales  per  type  were  profitable.  Where  there  were  no  sales  of  a  product  type  in  the  ordinary  course  of 
trade,  or  where  a  product  type  was  not  sold  in  representative  quantities  on  the  domestic  market,  the 
Commission constructed the normal value based on each company’s cost of production, SG&A and profit. 

The sampled groups of exporting producers exported to the Union either directly to independent customers 
or through related companies in India. Thus, the export price was the price actually paid or payable for the 
product concerned when sold for export to the Union. 

To  ensure  fair  comparison  between  the  normal  value  and  the  export  price,  the  Commission  made  several 
adjustments. Adjustments for freight, insurance, handling, credit costs and bank charges were deducted from 
domestic and/or export sales prices. Where sales were made through related producers/traders, the prices of 
these  transactions  were  adjusted  to  account  for  the  mark-up  achieved  by  the  related  producers/traders. 
Concerning  these  trading  transactions,  the  Commission  calculated  one  single  weighted  average  mark-up 
resulting  from  the  difference  between  prices  related  to  purchases  from  unrelated  suppliers  in  India  and 
subsequent resale prices to independent customers in the Union. 

Based on the methodology described above, the Commission found the following dumping margins: 8,7% 
for  the  Conor  Group  and  6,7%  for  the  Icon  Group.  The  Lavish  Group  was  found  not  to  be  dumping  and 
excluded from measures. 

14 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Türkiye 

For the normal value, the Commission applied the same methodology described for India. The export price 
was set at the price actually paid or payable for the product concerned when sold for export to the Union, 
when  exports  sales  were  made  directly,  or  adjusted  for  all  costs  incurred  between  importation  and  resale, 
including SG&A expenses, and for profits accruing, based on the profit established in this investigation for 
unrelated importers (export sales made via a related EU importer). 

To ensure fair comparison, the Commission adjusted the normal value and the export price for differences 
affecting prices and price comparability. Adjustments were made for transport, insurance, handling, loading 
and ancillary costs, customs clearance and assimilated costs, commissions, discounts and rebates. 

Based on the methodology described above, the Commission found the following dumping margins: 20,9% 
for the Hitit Group and 4,8% for the Bien Qua Group. The exporting producer, Vitra Karo Sanayi ve Ticaret 
A.Ş. was found not to be dumping and excluded from measures. The weighted average margin calculated for 
non-sampled  cooperating  exporting  producers  was  set  at  9,2%  and  the  residual  margin  applicable  to  non-
cooperating companies at 20,9%. 

Injury and causation 

The  injury  analysis  showed  that  the  Union  industry  could  not  benefit  from  an  expanding  market.  This 
became apparent from the trends observed for the macro-indicators, which were negative or rather stable in a 
scenario  of  increasing  demand.  Production,  production  capacity,  capacity  utilisation  and  employment 
remained  at  the  same  level  throughout the  period  considered.  Union  sales increased  at  a slower  pace  than 
consumption (3% growth of Union sales in a market that grew 6%). Consequently, the market share of the 
Union industry decreased from 90,1% in 2018 to 87,1% in the IP. Despite the increase of 19% in its sales 
price, the Union industry could not raise prices in the Union to levels high enough to recover its costs during 
most of the period considered. As a result, throughout the period considered it was either lossmaking (-5,4% 
in 2018, -8,9% in 2019, -5,9% in 2020) or just breaking even (0,6% in the investigation period, influenced by 
the post-COVID-19 economic recovery, and in particular the demand in the construction sector. The level of 
profitability  achieved  in  the  investigation  period  could  not  be  considered  sustainable.  The  Union  industry 
could not increase their sales prices in the Union to a level that would ensure profitability levels necessary to 
cover its costs of production for most of the period considered and to take advantage of the growth in the 
Union  market.  Investments  decreased  by  62%  and  capacity  remained  constant,  showing  that  the  Union 
industry could not grow despite the positive trends on the demand side. 

The Commission established a causal link between the injury suffered by the Union industry and the dumped 
imports  from  India  and  Türkiye.  The  increase  of  dumped  imports  from  the  countries  concerned  coincided 
with a decrease of the Union industry’s market share in the Union market. Most of the growing demand in 
the Union was taken up by the imports. The increase of imports from the countries concerned was based on 
low, dumped prices that were below the cost of production of the Union industry, significantly undercut the 
Union  industry  sales  prices  in  the  Union  market  and  prevented  the  Union  industry  from  setting  prices  at 
sustainable  levels  necessary  to  achieve  reasonable  profit  margins.  The  Commission  distinguished  and 
separated the effects of all known factors on the situation of the Union industry from the injurious effects of 
the dumped imports. The effect of non-dumped imports, of the export performance of the Union industry, of 
the evolution of the Union consumption, of the evolution of the Union industry’s cost of production and of 
the  COVID-19  pandemic  on  the  Union  industry’s  negative  performance  concerning  its  market  share  and 
profitability  was  only  limited.  The  Commission  concluded  that  the  dumped  imports  from  the  countries 
concerned caused material injury to the Union industry and that the other factors, considered individually or 
collectively, did not attenuate the causal link between the dumped imports and the material injury. 

Union interest and measures 

The  Commission  analysed  whether  it  was  in  the  Union  interest  to  adopt  anti-dumping  measures.  The 
Commission  analysed  the  various  interests  involved,  including  those  of  the  Union  industry,  users  and 
consumers.  It  also  analysed  potential  supply  difficulties  in  the  EU  market,  consumers’  choice,  the  price 
pressure on consumers on top of the current high level of inflation in the Union, and the indirect impact of 

15 

 
 
 
 
 
 
 
 
 
 
 
measures on other industries. Based on the facts and analysis before it, the Commission concluded that there 
were no compelling reasons that it was not in the Union interest to impose measures on imports of ceramic 
tiles originating in India and Türkiye. 

On  10  February  2023,  the  Commission  imposed  anti-dumping  measures  on  imports  of  ceramic  tiles  from 
India and Türkiye for a period of five years. 

Stainless-steel refillable kegs from China 

In May 2022, the European Commission initiated an anti-dumping investigation on imports of stainless-steel 
refillable kegs originating in the People’s Republic of China, following a complaint lodged by the European 
Kegs Committee on behalf of the Union industry of stainless-steel refillable kegs. 

The investigation of dumping and injury covered the period from 1 January 2021 to 31 December 2021. The 
examination of trends relevant for the assessment of injury covered the period from 1 January 2018 to the 
end of the investigation period. 

The product under investigation was kegs, vessels, drums, tanks, casks and similar containers, refillable, of 
stainless steel, commonly known as ‘stainless steel refillable kegs’, with bodies approximately cylindrical in 
shape, with a wall thickness of 0,5 mm or more, of a kind used for material other than liquefied gas, crude 
oil, and  petroleum products,  of  a  capacity  of  4,5 litres  or more,  regardless  of the  type  of finish,  gauge,  or 
stainless  steel  grade,  whether  or  not  with  additional  components  (extractors,  necks,  chimes  or  any  other 
component), whether or not painted or coated with other materials. Stainless steel refillable kegs are used to 
preserve and transport liquids, notably beer. 

Provisional anti-dumping measures were imposed in January 2023.  

Sampling  

The Commission selected two exporting producers, representing the largest volume of exports, which could 
reasonably be investigated within the time available. As regards Union producers, the Commission selected a 
sample of three which accounted for 73% of the estimated total Union production and 74% of sales in the 
Union.  Only  one  unrelated  importer  provided  the  requested  information  and  agreed  to  be  included  in  the 
sample. The Commission thus decided that sampling of unrelated importers was not necessary. 

Dumping 

The  investigation  was  initiated  in  accordance  with  Article  2(6a)  of  the  basic  Regulation  as  there  was 
evidence of the existence of significant distortions in China for steel, which is the main raw material used to 
produce kegs.  

The distortions found in the steel sector included substantial government intervention in the PRC resulting in 
a  distortion  of  the  effective  allocation  of  resources  in  line  with  market  principles  including  a  substantial 
degree of ownership and presence by the Government of China (‘GOC’) in firms, the State’s presence and 
intervention in the financial markets, as well as in the provision of raw materials, inputs as well as distortions 
in  wage  costs.  In  addition,  the  system  of  plans  applicable  in  the  steel  sector  generated  distortions  in  the 
sector.  As  a  result  of  the  existence  of  these  distortions,  the  normal  value  was  constructed  based  on 
undistorted prices and costs in a representative country, which in this case was Brazil.  

The Commission constructed the normal value per product type on an ex-works basis, by first establishing 
the  undistorted  cost  and  prices  for  each  of  the  factors  of  production  in  the  representative  country.  These 
undistorted unit costs were then applied to the actual consumption of the individual factors of production of 
the cooperating exporting producers. To the costs of manufacturing, the Commission added manufacturing 
overheads, expressed as a percentage of the costs actually incurred for each exporting producer to establish 
an  undistorted  cost  of  manufacturing.  Finally,  publicly  available  SG&A  and  profit  from  one  Brazilian 
producer were applied to the undistorted manufacturing cost.  

One  sampled  exporting  producer  exported  to  the  Union  directly  to  independent  customers.  The  other  one 
exported directly to independent customers or through an unrelated trading company in Hong Kong. For the 

16 

 
 
 
 
 
export sales of the product concerned made directly to independent customers in the Union, the export price 
was  the  price  actually  paid  or  payable  for  the  product  concerned  when  sold  for  export  to  the  Union,  in 
accordance  with  Article  2(8)  of  the  basic  Regulation.  For  the  export  sales  that  were  made  through  an 
unrelated trading company in Hong Kong, the export price was established on the basis of the price at which 
the exported product was first sold to that trading company.  

The Commission then compared the normal value and the export price of the sampled exporting producers 
on an ex-works basis per product type. Adjustments were made for transport, insurance, handling, loading 
costs, customs duty, credit costs and bank charges. 

For the sampled cooperating exporting producers, the Commission compared the weighted average normal 
value of each type of the like product with the weighted average export price of the corresponding type of the 
product  concerned.  The  dumping margins  expressed as  a  percentage  of the  CIF  Union  frontier  price,  duty 
unpaid, ranged from 67,3% to 85,5%. 

Injury and causation  

The main injury indicators showed a negative trend. The EU industry was subject to strong pricing pressure 
from the Chinese dumped imports, which forced it to sell at very low prices below cost of production.  

The  main  macro-indicators  showed  a  negative  trend  during  the  period  considered:  Union  sales  volume 
dropped  by  71%,  production  by  62%,  employment  by  50%.  Micro-indicators  showed  a  similar  trend  of 
deterioration  with  profitability  of  sales in  the  Union from  +12% to  -9%,  sales  prices  -9%,  as  well  as  cash 
flow -109%. Against a background of decreased consumption due to COVID-19, while cost of production of 
the  Union  industry  increased  by  16%, import prices from  China  were consistently  and  significantly  below 
Union industry prices and costs since 2018. 

In addition, the low-priced Chinese dumped imports also caused significant price suppression for the Union 
industry in view of the underselling margins which ranged from 52,9% to 58,8%. The Union industry was 
unable  to  increase  its  prices  in  line  with  the  increase  of  cost  of  production  and  was  thus  forced  in  a  dire 
profitable situation to preserve, at least partially, its sales quantity. 

The Commission therefore concluded that the deterioration of the economic situation of the Union industry 
coincided with a significant presence of Chinese imports at very low prices. In a context of shrinking market 
and  increasing  cost  of  production,  the  Chinese  prices  consistently  undercut  the  Union  industry  prices  and 
suppressed EU market price levels, establishing a genuine and substantial causal link between the two. 

Union interest and definitive measures 

The Commission examined if it was  in the Union interest to impose anti-dumping measures by examining 
the various interests involved, including those of the Union industry, importers, and users. The Commission 
found that measures would improve market conditions for the Union producers allowing them to recover lost 
sales volume and market share while being able to increase prices to reach a sustainable profitability.  Only 
one  unrelated  importer,  representing  1,6% in  volume  of  Chinese imports,  submitted  comments  against  the 
imposition of measures, arguing it would have a negative impact on its profitability, resulting in liquidation 
of the company. However, the Commission concluded that it was likely that the importer could pass part of 
the anti-dumping duty to the final users and its high profitability of 16% would mitigate the impact of the 
duty  on  the  importer’s  viability.  The  very  limited  cooperation  of  only  one  importer  suggested  measures 
would  not  have  a  negative  impact  on  importers  overall  and  would  not  outweigh  the  positive  effects  of 
measures on Union producers. 

Three users (AB InBev, Asahi, and Molson Coors) provided some limited data. They opposed the imposition 
of duties arguing that they would result in an increase of cost of kegs and negatively affect the HORECA 
sector,  which  had  been  already  significantly  affected  by  the  COVID-19  pandemic,  and  that  the  Union 
industry did not have sufficient capacity to supply the full Union demand of kegs. However, the Commission 
found that the HORECA sector does not buy kegs from the beer producers but pays a deposit for the kegs 
which is refunded when empty and returned. Hence, the impact of the cost of kegs on the profitability of the 
HORECA  sector  was  expected  to  be  limited.  As  regards  capacity  of  Union  producers,  the  investigation 
showed that in 2018, the Union consumption was around 3,2 million kegs while the Union industry had a 

17 

 
 
 
total production capacity of almost 6,8 million kegs and, even considering export sales, the Union industry 
had still almost 2 million kegs of spare capacity. Therefore, the Commission concluded that there were no 
compelling  reasons  to  suggest  that  it  was  not  in  the  Union  interest  to  impose  measures  on  imports  of 
stainless-steel refillable kegs originating in China.   

In July 2023, the Commission imposed definitive anti-dumping duties on imports of stainless-steel refillable 
kegs originating in China for a period of five years. The duties imposed range from 62,6% to 69,6%. 

3.1.5. 

New investigations terminated without measures 

In  accordance  with  the  provisions  of  the  respective  basic  Regulations,  investigations  may  be  terminated 
without  the  imposition  of  measures  if  a  complaint  is  withdrawn  or  if  measures  are  unnecessary  (i.e.,  no 
dumping/no subsidies, no injury resulting from dumped or subsidised imports, measures not in the interest of 
the Union). In 2023, 1 new anti-subsidy investigation was terminated without measures – see table below. 

More  information  can  be  obtained  from  the  Official  Journal  publications  to  which  reference  is  given  in 
Annex E. 

Product 

Fatty Acid  

Origin 

Main reason for termination 

Indonesia 

Withdrawal of the AS complaint  

3.2.  Review investigations 

3.2.1. 

Expiry reviews 

Articles  11(2) and  18 of the  basic  Regulations provide  for  the  expiry  of measures  after 5  years,  unless an 
expiry  review  demonstrates  that  if  measures  were  to  lapse,  it  would  likely  lead  to  a  continuation  or 
recurrence  of  dumping  or  subsidisation  and  related  injury.  In  2023,  2  anti-dumping  measures  expired 
automatically. The reference for the measures is available in Annex N. 

Since the expiry provision of the basic Regulations came into force in 1985, a total of 520 measures have 
expired automatically. 

3.2.1.1.  Initiations 

In 2023, the Commission initiated 9 AD expiry reviews and 1 AS expiry review. The list of expiry reviews 
initiated in 2023 are in the table below.  
In 2023, none of the expiry reviews were carried out in parallel with interim reviews. More information can 
be obtained from the Official Journal to which reference is available in Annex F. 

Product  
(Type of investigation: AD or 
AS) 
Cast iron articles (certain) AD 
Corrosion resistant steel (CRS) 
AD 
Seamless pipes and tubes of iron 
or steel (certain) AD 
Steel ropes and cables AD 

Oxalic acid AD 

Seamless pipes and tubes of iron 

Origin 

Complainant 

People's Republic of China 
People's Republic of China 

People's Republic of China 

People's Republic of China 

India 
People's Republic of China 
Russian Federation 

18 

Eurofonte 
European Steel Association 
(EUROFER) 
European Steel Tube Association 
(ESTA) 
European Federation of Steel 
Wire Rope Industries 
Oxaquim SA 

European Steel Tube Association 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
or steel AD 
Tyres for buses or lorries (new 
and retreaded) AD 
Lever arch mechanisms AD 

Tyres for buses or lorries (new 
and retreaded) AS 

People's Republic of China 

People's Republic of China 

People's Republic of China 

(ESTA)  
Coalition against unfair tyres 
imports 
Lever Arch Mechanism 
Manufacturers Association 
Coalition against unfair tyres 
imports 

3.2.1.2.  Expiry reviews concluded with confirmation of duties 

In  2023,  the  Commission  concluded  23  expiry  reviews  (3  concerned  anti-subsidy  measures)  with  a 
confirmation of the duties for a further period of 5 years. 

The list of measures, which were renewed during 2023, together with the results of the investigations, can be 
found below. More information can be obtained from the Official Journal publications to which reference is 
given in Annex F. 

Product 
Aluminium road wheels 
(certain) 

Origin 
People's Republic of 
China 

Type21 and level of measure 
AD:  22,3% 

Sodium gluconate 

People's Republic of 
China 

AD: 5,6% - 27,1% 
All others: 53,2% 

Tubes and pipe fittings of 
stainless steel (butt-welding 
fittings) 

People's Republic of 
China 
Taiwan 

AD: 30,7% - 55,3% All others: 64,9% 

AD: 5,1% All others: 12,1% 

Polyester yarn (High 
tenacity) 

People's Republic of 
China 

AD: 9,7% - 23,7% 
All others 23,7% 

Heavy plate of non-alloy or 
other alloy steel (certain) 

People's Republic of 
China 

AD: 65,1% - 73,7% 
All others 73,7% 

Rebars 

Belarus 

AD: 10,6% 

Graphite electrode systems 

India 

Graphite electrode systems 

India 

Hot-rolled flat products of 
iron, non-alloy or other 
alloy steel (certain) 
Hot-rolled flat products of 
iron, non-alloy or other 
alloy steel (certain) 
Okoumé plywood 

People's Republic of 
China 

People's Republic of 
China 

People's Republic of 
China 

AS: 6,3% - 7% 
All others 7,2% 

AD: 0% - 9,4% 
All others 8,5% 

AD: 0% - 31,3%  
All others: 0% 

AS: 4,6% - 31,5%  
All Others: 35,9% 

AD: 6,5% - 23,5% 
All others 66,7% 

21  

AD: anti-dumping duty; AS: countervailing duty; UT: undertaking. 

19 

 
 
 
 
 
 
 
 
 
 
 
Thermal paper (certain 
lightweight) 

Republic of Korea 

AD: €103,16 per tonne 

Glass fibre reinforcements 
(GFR) 

People's Republic of 
China 

AD: 0% - 15,9% 
All others: 19,9% 

Seamless pipes and tubes of 
iron (other than cast iron) 
or steel (other than stainless 
steel) (certain) 
Tungsten carbide, fused 
tungsten carbide and 
tungsten carbide simply 
mixed with metallic powder 
Coated fine paper 

Coated fine paper 

People's Republic of 
China 

AD: 29,2% - 51,8% 
All others: 54,9% 

People's Republic of 
China 

People's Republic of 
China 

People's Republic of 
China 

AD: 33% 

AS: 4% - 12%  
All others: 12% 

AD: 8% - 35,1% 
All others 27,1% 

Melamine 

People's Republic of 
China 

AD: minimum import price €1153 per tonne  
All others €415 per tonne 

Hot-rolled flat products (of 
iron, non-alloy or other 
alloy steel) (certain) 

Brazil 
Iran 
Russian Federation 

Trichloroisocyanuric acid 
(TCCA) 

People's Republic of 
China 

AD: €54,4 - €63 per tonne 
 Others €63 per tonne 
AD: €57,7 per tonne 
AD: €17,6 - €96,5 per tonne  
Others €96,5 per tonne 
AD: 3,2% - 40,5% 
All others: 42,6% 

3.2.1.3 Details of some individual cases concluded by confirmation of duty 

Certain aluminium road wheels originating in the People’s Republic of China  

On 20 January 2022, the Commission initiated an expiry review of the anti-dumping measures imposed on 
imports of certain aluminium road wheels (‘ARW’) originating in the People’s Republic of China, following 
a request lodged by the Association of European Wheel Manufacturers on behalf of the Union industry. 

The product under review was the same as in the original investigation, namely aluminium road wheels of 
the motor vehicles of headings 8701 to 8705, whether or not with their accessories and whether or not fitted 
with tyres. 

The investigation of continuation or recurrence of dumping covered the period from 1 October 2020 to 30 
September 2021. The examination of trends relevant for the assessment of the likelihood of a continuation or 
recurrence of injury covered the period from 1 January 2018 to the end of the review investigation period. 

Likelihood of continuation or recurrence of dumping 

During the review investigation period, imports of certain aluminium wheels from China continued, albeit at 
lower levels than in the investigation period of the original investigation.  

The Commission conducted the investigation in accordance with the provisions of Article 2(6a) of the basic 
Regulation  as  the  request  contained  sufficient  evidence  of  the  existence  of  significant  distortions  in  the 
aluminium sector. As a result, the Commission concluded that it was not possible to use domestic prices and 
costs  to  establish  normal  value  in  the  case.  Therefore,  normal  value  was  calculated  based  on  undistorted 

20 

 
 
 
 
 
 
prices  or  benchmarks  from  the  representative  country  selected  in  the  case,  i.e.,  Brazil.  To  construct  the 
normal value, the Commission used the information provided by the Union industry on the consumption of 
each factor of production multiplied by the undistorted costs per unit established in Brazil per product type. 
To this, the Commission added an appropriate percentage amount for manufacturing overheads and finally 
applied the SG&A and profit in Brazil which amount to 13,75 and 6,24% respectively. 

In  the  absence  of  cooperation  by exporting  producers  from  China, this  normal  value  was  compared  to the 
export price which was determined based on ex-works level. On that basis, the weighted average dumping 
margin was over 10%.  

The  Commission  also  examined  the  likelihood  of  the  continuation  of  dumping  if  the  measures  were 
discontinued with reference to production capacity and spare capacity in the PRC and the attractiveness of 
the  Union  market.  The  Commission  found  that  the  Union  market  for  certain  aluminium  road  wheels  is 
among the largest in the world, driven by the extensive production of the automotive industry in the Union. It 
also noted that other important markets such as the US and India have imposed trade remedies on imports of 
aluminium  road  wheels  from  China.  Therefore,  it  was  considered that  the  imposition  of  trade  measures  in 
other main markets would likely lead to a further increase in the EU import volumes from China, should the 
current  measures  be  lifted.  In  addition,  the  Commission  found  that  the  weighted  average  Chinese  export 
prices  to  third  countries,  were  significantly  lower  than  the  Union  industry  prices.  Thus,  it  concluded  that 
should the measures be allowed to lapse, the Union market would become even more attractive for Chinese 
exporters and without duties, the Chinese exporters could increase their exports to the Union. 

As a result, the Commission concluded that, if the measures in place were to expire, it would be likely that 
the Chinese exporting producers would redirect exports towards the Union at dumped prices. 

Likelihood of continuation or recurrence of injury 

The  evolution  of  the  micro  and  macro  indicators  during  the  period  considered  showed  that  the  financial 
situation for the Union industry deteriorated. Overall, the trends of the main economic indicators worsened 
over  the  period  considered.  The  financial  situation  of  the  Union  industry  deteriorated  mainly  due  to  the 
increased  cost  of  production,  which  could  not  be  covered  by  a  corresponding  increase  of  its  sales  prices. 
Economic  indicators  such  as  profitability,  cash  flow  and  return  on  investment  deteriorated  significantly 
during  the  period  considered.  Profitability  became  negative  in  2020  and  during  the  review  investigation 
period.  This  negatively  affected  the  ability  of  the  Union  industry  to  self-finance  operations,  to  make 
necessary investments and to raise capital, thus impeding its growth and even threatening its survival. On the 
other hand, despite the declining trends, the Union industry still managed to maintain large sales volume and 
considerable market share.  The  Commission  therefore  concluded  that  the  Union  industry  suffered material 
injury during the review investigation period. 

As  regards  the  causal  link,  the  volumes  from  the  PRC  decreased  during  the  period  considered.  The 
Commission  also  found  that  the  average  price  of  the  imports  from  China  was  above  the  average  price 
charged  by  the  Union  industry  during  the  review  investigation  period.  Consequently,  the  Commission 
concluded that the injury suffered by the Union industry was not caused by the imports from the PRC during 
the review investigation period. 

The  Commission  also  examined  the  likelihood  of  recurrence  of  injury.  The  Commission  noted  that  the 
production capacity in the PRC substantially exceeded the production volumes and demand on the Chinese 
domestic market. It also found that the Union market, in terms of prices, remains very attractive for Chinese 
producers.  Therefore,  if  confronted  with  an  increase  of  low-priced  imports  from  the  PRC,  the  Union 
producers, in an attempt to keep sales volumes and market shares, would be forced to reduce their prices. On 
the  other  hand,  if  the  Union  industry  were  to  keep  its  current  price  levels,  this  would  have  an  almost 
immediate  negative  impact  on  its  sales  and  production  volume  as  well  as  its  market  share.  Moreover,  a 
decrease  in  production  volume  would  result  in  an  increase  of the item  costs  of  production  due  to  reduced 
benefits of economy of scale. This would further deteriorate the Union industry’s profitability and result into 
further losses already in the short term. With a loss of profitability, the Union industry would not be able to 
carry out necessary investments. Ultimately, this would also lead to loss of employment and risk of closure 
of production lines. 

21 

 
 
 
In  view  of  the  above,  the Commission  concluded that  the  expiry  of the measures  would, in  all  likelihood, 
result in a significant increase of dumped imports from the PRC at lower prices than the ones of the Union 
industry,  and  therefore  would  further  aggravate  the  negative  situation  of  the  Union  industry.  It  is  highly 
likely that this would lead to a recurrence of material injury and as a consequence, the viability of the Union 
industry would be at serious risk. 

Union interest  

The  Commission  examined  if  it  was  in  the  Union  interest  to  maintain  the  anti-dumping  measures  by 
examining the various interests involved. The Commission found that the effect of anti-dumping measures 
would be positive for the Union producers by allowing them to adapt sales prices to cover increased cost of 
production. This would allow the industry to return to a sustainable situation and make future investments, in 
particular  to  comply  with  environmental  and  social  requirements.  In  the  absence  of  measures,  the  Union 
industry would no longer be protected against the likely increase of cheap imports from China, which would 
cause material injury and cause its financial situation to deteriorate further. 

While  the Commission contacted all known unrelated importers, traders and users, none of them provided 
any comments indicating that the maintenance of the measures would have a significant negative impact on 
their  activities,  outweighing  the  positive  impact  of  measures  on  the  Union  industry.  The  Commission 
concluded that there were no compelling reasons to sustain that it was not in the Union interest to maintain 
the existing measures on ARW imported from China.  

On 18 January 2023, the Commission extended the measures in place on imports of certain ARW from the 
PRC for another five-year period.  

Sodium gluconate originating in the People’s Republic of China 

On 18 January 2022, the Commission initiated an expiry review of the anti-dumping measures imposed on 
imports  of  sodium  gluconate  originating  in  the  People’s  Republic  of  China  following  a  request  lodged  by 
Jungbunzlauer S.A. (France) on behalf of the European industry manufacturing sodium gluconate.  

The product under review was dry sodium gluconate. Sodium gluconate is used mainly in the construction 
industry  as  a  set  retarder  and  concrete  plasticiser  and  in  other  industries  as  surface  treatment  for  metals 
(removal of rust, oxides and fat) and for the cleaning of bottles and industrial equipment. The product can 
also be used in the food and pharmaceutical industries.  

The investigation of continuation or  recurrence of dumping covered the period from 1 January 2021 to 31 
December 2021 (‘review investigation period’). The examination of trends relevant for the assessment of the 
likelihood of a continuation or recurrence of injury covered the period from 1 January 2018 to the end of the 
review investigation period (‘the period considered’). 

Likelihood of continuation or recurrence of dumping  

During the review investigation period, imports of sodium gluconate into the Union from China continued, 
albeit  at  lower  levels  than  in  the  original  investigation  but  slightly  higher  than  during  the  previous  expiry 
review  investigation.  Imports  of  sodium  gluconate  from  the  PRC  accounted  for  [6%-10%]  of  the  Union 
market in the review investigation period compared to 24,8% market share in the original investigation and 
[3%-15%] during the previous expiry review.  

Owing to a lack of cooperation by the producers from China, the findings were based on facts available.  

The Commission conducted the investigation in accordance with the provisions of Article 2(6a) of the basic 
Regulation  as  the  request  contained  sufficient  evidence  of  the  existence  of  significant  distortions  in  the 
chemical  and  petrochemical  sectors  in  China.  The  Commission  concluded  that  it  was  not  possible  to  use 
domestic prices and costs to establish normal value in this case. Therefore, normal value was calculated on 
the  basis  of  undistorted  prices  or  benchmarks  from  the  representative  country  selected  in  the  case,  i.e., 
Colombia.  To  construct  the  normal  value,  the  Commission  used  the  information  provided  by  the  Union 
industry  on  the  consumption  of  each  factor  of  production  multiplied  by  the  undistorted  costs  per  unit 
established  in  Colombia.  To  this,  the  Commission  added  an  appropriate  percentage  amount  for 

22 

 
 
 
manufacturing overheads and finally applied the SG&A and profit in Colombia which amounted to 19,44% 
and 8,68% respectively. 

This normal value was compared to the export price which was determined on the basis of CIF Eurostat data 
corrected to ex-works level by adjusting for sea freight and insurance costs and domestic transport cost in 
China.  On  that  basis,  the  dumping  margin  was  found  to  be  significant  (over  100%).  It  was  therefore 
concluded that dumping continued during the review investigation period.  

Further to the finding of the existence of dumping, the Commission investigated, in accordance with Article 
11(2) of the basic Regulation, the likelihood of continuation of dumping should the measures be allowed to 
lapse.  The following  additional elements  were  analysed: the  production  capacity  and  spare  capacity in the 
PRC,  the  attractiveness  of  the  Union  market  and  export  prices  to  third  countries  as  well  as  trade  defence 
measures  in  other  export  markets.  The  Commission  concluded  that  the  Chinese  exporting  producers  have 
significant  spare  capacities  amounting  to  more  than  25  times  the  Union  consumption  in  the  free  market, 
which  could  be  used  for  exports  to  the  Union  if  the  measures  were  allowed  to  lapse.  Furthermore,  the 
investigation confirmed that the Union market is attractive for the Chinese exporting producers in view of 
the size of its construction industry, as well as of other industries that make use of sodium gluconate. Also, 
the average price of exports of sodium gluconate from China to the Union was found to be between 1% and 
5%  higher  compared  to  the  average  price  of  exports  from  the  PRC  to  third  countries  during  the  review 
investigation period. Considering the above and taking into account the trade defence measures imposed by 
the  United  States,  one  of  the  main  export  markets  for  sodium  gluconate  form  the  PRC,  the  Commission 
concluded that if the measures were to lapse, it would be likely that the Chinese exporting producers would 
activate  the  spare  capacity  and  redirect  exports  from  third  countries  towards  the  Union  market  at  dumped 
prices and in significant volumes. 

Likelihood of continuation or recurrence of injury 

The  like  product  was  manufactured  by  two  producers  in  the  Union  during  the  period  considered: 
Jungbunzlauer  S.A.  and  Roquette  Italia  S.p.A.  These  two  companies  account  for  100%  of  the  Union 
production. 

The investigation showed that the Chinese exporting producers managed to increase their import volume and 
market  share,  which  significantly  grew  by  45%  in  2019  and  a  further  30%  in  2020.  In  that  period,  it  was 
found  that  the  Chinese average  import  price  was  between  15 to  25%  below the  Union  industry  price.  The 
Union industry sales volume and market share developed negatively during the first three years of the period 
considered. The decline in sales volume (– 4%) was more pronounced than the decline in consumption (–
2%)  in  2019  and  sales  further  decreased  by  7%  in  2020.  Between  2018  and  2019,  production  remained 
largely  stable,  but  inventories  significantly  increased  (up  to  20%)  due  to  reduced  sales.  Profitability  was 
negative but eventually the Union industry became slightly profitable in 2020. Between 2020 and the review 
investigation  period,  the  Union  industry  managed  to  increase  its  sales  volumes  (+12%)  and  market  share 
(+1%). It also managed to decrease its cost of production to further improve profitability during the review 
investigation period. 

To  summarize,  the  investigation  showed  that  injury  indicators  such  as  production,  capacity  utilisation  and 
employment,  together  with  financial  indicators  such  as  profitability,  cash  flow  and  return  on  investments, 
developed positively in the review investigation period. Profitability and cash flow became positive as from 
2020,  and the  return  on investments  became  positive  in  the  review investigation  period.  On this  basis, the 
Commission concluded that the Union industry, while still in a vulnerable situation, did not suffer material 
injury  within  the  meaning  of  Article  3(5)  of  the  basic  Regulation  during  the  review  investigation  period. 
Therefore, the Commission assessed, in accordance with Article 11(2) of the basic Regulation, whether there 
would be a likelihood of recurrence of injury caused by dumped imports from China if the measures were 
allowed to lapse. 

The  Commission  examined  the  production  capacity and  spare  capacity  in  China,  the  likely  price  levels  of 
imports from China in the absence of anti-dumping measures and their impact on the Union industry, and the 
attractiveness  of  the  Union  market.  In  the  review  investigation  period,  Chinese  exporting  producers  had  a 
capacity of around 1 300 000 tonnes, which equals more than 50 times the Union consumption on the free 
market whereas the capacity utilisation was around 54%. Given the significant spare capacity which cannot 
be absorbed by the Chinese market, it was concluded that there are strong incentives for Chinese producers 
23 

 
 
 
to  export.  Moreover,  the  average  price  of  Chinese  sodium  gluconate  to  the  EU  during  the  review 
investigation  period  was  higher  than  the  average  export  price  charged  by  Chinese  exporters  to  other 
destinations,  making  the  Union  market  particularly  attractive  for  Chinese  exporters.  In  addition,  the  trade 
defence measures in place in the United States effectively limit the entry of Chinese sodium gluconate in that 
market.  Considering  the  large  spare  capacities  in  China,  the  need  for  Chinese  exporters  to  increase 
production and find new markets, the attractiveness of the Union market and the limited access of Chinese 
exporters to the United States’ market, the decrease in transport costs and the low level of prices currently 
offered  to  customers  in  the  EU  by  Chinese  exporters,  the  Commission  concluded  that  the  absence  of 
measures would in all likelihood result in a significant increase of dumped imports from China at injurious 
prices and material injury would be likely to recur. 

Union interest 

The  Commission  examined  if  it  was  in  the  Union  interest  to  maintain  the  anti-dumping  measures  by 
examining the interests of the Union industry, importers and users.   

For the Union industry, the measures in force in the EU and the United States aim at establishing an effective 
and competitive environment for all producers of sodium gluconate but also for all other operators. While 
Chinese producers have less than 5% market share in the United States’ market, EU producers have around 
20%  market  share,  demonstrating  that  the  Union  industry  is  competitive  and  is  not  ready  to  abandon  this 
sales  segment,  which  is  unique  in  the  Union.  The  Commission  concluded  that  extending  the  measures  in 
force against the PRC would be in the interest of the Union industry.  

The investigation did not reveal any significant adverse impact of the measures in force on importers, none 
of  whom  cooperated.  The  previous  expiry  review  investigation  had  concluded  that  importers  could  be 
negatively  affected  to  a  very  limited  extent  by  the measures.  That  expiry  review  showed  that the  share  of 
sodium  gluconate  represented  less  than  5%  of  the  turnover  of  the  importers  which  cooperated.  The 
Commission  concluded  that  the  maintenance  of  measures  would  have  a  very  limited  impact,  if  at  all,  on 
importers.  

No users of sodium gluconate cooperated in the investigation. The previous expiry review had showed that 
for one cooperating user, sodium gluconate represented less than 5% of the  users cost of manufacturing of 
the finished products and any increase in the price would have a limited impact on the users’ activities. The 
investigation also showed that the Union industry behaved in a reasonable way in terms of price setting. On 
this basis, The Commission considered that there were no compelling reasons of Union interest against the 
maintenance of the existing measures on imports of the product under review originating in China. 

In April 2023, the Commission extended the measures in place on imports of sodium gluconate from China 
for another five-year period. 

Stainless  steel  tube  and  pipe  butt-welding  fittings  originating  in  People’s  Republic  of  China  and 
Taiwan - Anti-dumping measures  

The expiry review was initiated on 26 January 2022, following the request of the EU Defence Committee of 
the  Stainless-steel  butt-welding  Fittings  (SSTPF)  industry  of  the  European  Union,  representing  more  than 
25% of the total Union production. The request for review was based on the grounds that the expiry of the 
measures would be likely to result in continuation or recurrence of dumping and injury to the Union industry. 

In  parallel  to  this  expiry  review,  on  8  June  2022,  the  Commission  initiated  an  investigation  pursuant  to 
Article 13(3)  of the basic Regulation,  concerning  possible  circumvention  of the  anti-dumping measures in 
force on imports of SSTPF. The investigation concluded that the existing measures were being circumvented 
and in March 2023 the measures were extended to imports consigned from Malaysia, whether declared as 
originating in Malaysia or not. 

The  expiry  review  investigation  concerned  imports  of  tube  and  pipe  butt-welding  fittings,  of  austenitic 
stainless-steel grades, with a greatest external diameter not exceeding 406,4 mm and a wall thickness of 16 
mm or less, with a roughness average (Ra) of the internal surface not less than 0,8 micrometres, not flanged, 
whether or not finished. The application of the product is in a wide range of consumer industries and final 

24 

 
 
 
 
 
applications, such as the petro-chemical industry, beverages and food processing, pharmaceutical industries, 
shipbuilding, energy generation, power plants, or constructions and industrial installations.  

The review investigation period (RIP) was from 1 January 2021 to 31 December 2021 and the examination 
of the trends relevant for the assessment of injury covered the period from 1 January 2018 to the end of the 
RIP. 

Sampling 

The  sample  of  three  Union  producers  accounted  for  approximately  44%–50%  of  the  estimated  total 
production  volumes.  There  was  no  cooperation  from  the  Chinese  producers.  Therefore,  the  findings 
regarding  the  imports  from  China  are  made  on  the  basis  of  the  facts  available.  As  only  one  Taiwanese 
exporting  producer  provided  the  requested  information  and  agreed to  be  included  in  the  sample,  sampling 
was not necessary. 

Likelihood of continuation or recurrence of dumping 

China 

Owing  to  a  lack  of  cooperation  by  the  China  producers,  the  findings  were  based  on  facts  available.  The 
Commission  conducted  the  investigation  in  accordance  with  the  provisions  of  Article  2(6a)  of  the  basic 
Regulation as the request contained sufficient evidence of the existence of significant distortions in the steel 
sector in China, to which SSTPF belong. The Commission concluded that it was not possible to use domestic 
prices and costs to establish normal value. Therefore, normal value was calculated on the basis of undistorted 
prices or benchmarks from the representative country selected in the case, i.e., Thailand. To construct normal 
value,  the  Commission  used  the  information  provided  by  the  Union  industry  on  the  consumption  of  each 
factor of production multiplied by the undistorted costs per unit established in Thailand per product type. To 
this,  the  Commission  added  an  appropriate  percentage  amount  for  manufacturing  overheads  and  finally 
applied  the  SG&A  and  profit  from  two  companies  in  Thailand  which  amounted  to  19,64%  and  1,22% 
respectively.  

In the absence of cooperation by exporting producers from China, the export price for all SSTPF imports into 
the  Union  was  determined  based  on  CIF  data  from  Eurostat  adjusted  to  ex-works  level  by  deducting  sea 
freight,  insurance  and  domestic  transport  costs.  The  Commission  compared  the  average  export  price  from 
Eurostat  on  an  ex-works  basis  as  established  above  to  the  normal  value  for  all  fittings.  On  this  basis,  the 
weighted average dumping margin was above 100%.  

Then the Commission examined the likelihood of continuation of dumping. The Commission concluded that 
the  Chinese  exporting  producers  have  significant  spare  capacities.  In  terms  of  attractiveness  of  the  Union 
market the Commission established that the average Chinese export price to other third country markets in 
the  RIP  was 15,9%  lower than the  average  sales  prices  of  the  Union  producers on  the  Union  market.  The 
Union  market  is  also  attractive  in  view  of  its  size.  The  Commission  concluded  that  there  is  a  strong 
likelihood that the expiry of the anti-dumping measures would result in the continuation of dumping. 

Taiwan 

Only one Taiwanese company (Ta Chen) cooperated in the review. The sales of Ta Chen accounted for 91% 
of the Taiwanese exports of SSTPF into the Union in the RIP. Due to the lack of domestic sales of SSTPF, 
the normal value for Ta Chen was constructed by adding to the cost of production of the relevant product 
types SG&A costs incurred and a reasonable profit. 

Ta Chen made export sales directly to independent customers located in the Union and the export price was 
established  on the  basis of  the prices  actually  paid  or  payable for  the  product  under review  when  sold for 
export from the exporting country in accordance with Article 2(8) of the basic Regulation. 

The  normal  value  and  export  price  of  Ta  Chen  was  compared  on  an  ex-works  basis.  To  ensure  a  fair 
comparison  between  the  normal  value  and  the  export  price,  adjustments  were  made  for  transport,  ocean 
freight and insurance costs, handling, loading and ancillary costs, packing costs, credit costs, discounts and 
commissions. On this basis, the weighted average dumping margin was found at the level of 39,67%.  

25 

 
 
 
The  Commission  then  investigated  the  likelihood  of  continuation  of  dumping,  should  the  measures  be 
repealed, by analysing the following additional elements: the existence of dumped exports to third countries, 
the  production  capacity  and  spare  capacity  in  Taiwan  and  the  attractiveness  of  the  Union  market.  The 
analysis  of  exports  to  third  countries  showed  dumping  practices,  the  spare  capacity  in  Taiwan  is  very 
significant  and  the  attractiveness  of  the  Union  market  in  terms  of  size  and  prices  was  demonstrated. 
Therefore,  the  Commission  concluded  that  there  was  a  likelihood  of  continuation  of  dumping  if  measures 
would not be extended. 

Likelihood of continuation or recurrence of injury 

The volume of imports from the countries concerned were negligible during the period considered and they 
continued  to  undercut  the  Union  industry’s  average  sales  prices  by  a  wide  margin.  However,  most  injury 
indicators, such as production, sales, employment, profitability and cash flow developed positively or were at 
satisfactory  levels.  The  indicators  examined  demonstrated  that  the  anti-dumping  measures  achieved  their 
intended result of removing the injury suffered by the Union producers. The Commission concluded that the 
Union industry had recovered from previous injury and did not suffer material injury during the RIP. 

The Commission assessed whether there would be a likelihood of recurrence of injury if the measures were 
allowed  to  lapse.  In  that  regard,  the  Commission  examined  the  production  capacity  and  spare  capacity  in 
China and Taiwan, the attractiveness of the Union market, and the likely impact of imports from China and 
Taiwan should the measures be allowed to lapse. The spare capacities in China and Taiwan are significant 
and  they  together  represent  five  times  the  annual  consumption  in  the  Union.  The  Union  market  is  an 
attractive market in view of its prices and size. The Commission established significant undercutting of the 
Union industry prices by up to 17,7% or 16,4%, depending on the method, for China in the absence of anti-
dumping duty.  

The  Commission  concluded  that  the  absence  of  measures  would,  in  all  likelihood,  result  in  a  significant 
increase of dumped imports from China and Taiwan at injurious prices and material injury would be likely to 
recur. 

Union interest and measures 

The Commission found that even though the Union industry was no longer suffering from material injury, it 
would not be able to cope with a removal of the measures, as that is likely to result in a strong increase of 
dumped  imports.  The  Commission  concluded  that  a  repeal  of  the  measures  would  put  the  industry’s  long 
term financial viability at stake. Therefore, the continuation of the measures is in the interest of the Union 
industry.  No users cooperated with the investigation. There were no indications that the maintenance of the 
measures  would  have  a  negative  impact  on  users  outweighing  their  positive  impact.  The  Commission 
concluded that there were no compelling reasons showing that it was not in the Union interest to maintain the 
measures. 

The anti-dumping measures in place on imports of SSTPF originating in China and Taiwan were continued 
in April 2023 for a further period of five years. They range between 30,7% to 64,9% for China and between 
5,1% and 12,1% for Taiwan. 

Anti-dumping measures concerning imports of rebars originating in Belarus 

The  Commission  initiated  an  expiry  review  in  June  2022,  following  a  complaint  lodged  by  the  European 
Steel Association (EUROFER) on behalf of the Union industry of rebars. This was the first expiry review 
concerning measures on rebars from Belarus since the imposition of a definitive anti-dumping duty of 10,6% 
in June 2017.  

The  review  investigation  period  covered  1  January  2021  to  31  December  2021  while  the  examination  of 
trends relevant for the assessment of injury covered the period from 1 January 2018 until the end of the RIP.  

The product under review is certain concrete reinforcement bars and rods, made of iron or non-alloy steel, 
not  further  worked  than  forged,  hot-rolled,  hot-drawn  or  hot-extruded,  but  including  those  twisted  after 
rolling  and  also  those  containing  indentations,  ribs,  grooves  or  other  deformations  produced  during  the 

26 

 
 
 
 
 
rolling process. Rebars are primarily used in the reinforcement of concrete, the use of rebars increases the 
overall tensile strength of the structure. 

Sampling 

The Commission selected a sample of three Union producers accounting for more than 17% of the estimated 
total  volume  of  production  and  sales  of  the  like  product  in  the  Union.  Sampling  was  not  necessary  for 
importers  nor  producers  in  Belarus  as  in  the  latter  case  only  one  producer  of  rebars,  Byelorussian  Steel 
Works (‘BMZ‘), came forward.  

Likelihood of continuation or recurrence of dumping 

As Belarus is not a member of the WTO the normal value was determined on the basis of the domestic sales 
prices  or  constructed  normal  value  in  a  representative  country.  The  US  was  selected  as  the  representative 
country in the investigation as the country has significant domestic consumption and at least seven producers 
involved  in the  production  of  rebars.  In  addition, the  original investigation  established  that  the  production 
process by Only Commercial Metals Company ('CMC'), located in the US, was similar to the one used by 
Byelorussian Steel Works (‘BMZ’), the Belarus producer who did not cooperate.  

The investigation found that all the domestic sales of each product types were representative and were sold in 
the ordinary course of trade. Therefore, there was no need to construct the normal value. 

Export  prices  from  Belarus  were  established  based  on  Article  14(6)  database  import  values,  which  were 
adjusted to ex-works level by deducting transport costs. The Commission compared the normal value and the 
export prices on an ex-works basis which resulted in a dumping margin for the Belarusian exports of 41,1%.  

The Commission examined the likelihood of the continuation of dumping. The investigation showed that the 
imports  from  Belarus  continued  to  enter  the  Union  market  at  dumped  prices  during  the  RIP.  The 
investigation  revealed  that  the  spare  capacity  in  Belarus  was  significant  in  comparison  with  the  Union 
consumption during the RIP and would be used to increase production and exports to the Union, and that the 
attractiveness  of  the  Union  market  in  terms  of  size  and  prices  pointed  to  the  likelihood  that  Belarusian 
exports would be directed towards the Union market, should the measures lapse. Therefore, the Commission 
concluded  that  there  was  a  likelihood  that  the  expiry  of  the  anti-dumping  measures  would  result  in  a 
significant increase of dumped imports of the product under review from Belarus to the EU.  

Likelihood of continuation or recurrence of injury 

The period considered was characterised by exceptional circumstances, which were linked to the outbreak of 
the  COVID-19  pandemic,  followed  by  an  economic  recovery.  In  2020,  the  rebar  market  saw  a  great 
perturbation  due  to  COVID-19,  with  exceptional  volatility  in  demand.  During  the  first  half  of  2020 
production was temporarily stopped in the Union given the lack of orders. In the second half of 2020 and 
during the RIP the profitability of Union rebar producers improved, as demand continued to recover faster 
than expected. In this regard, the exceptional improvement in Union producers’ profitability during the RIP 
appeared to be of a temporary nature, as it was mainly due to the significant rise in market prices for rebars 
driven by the demand-supply disruptions. 

Most injury indicators, such as Union sales volume, market share, employment, profitability and cash flow 
developed positively during the period considered. Though the trend of the indicators such as closing stocks 
and  investments  was  negative  during  this  period,  their  absolute  levels  did  not  indicate  a  sign  of  material 
injury. The Commission concluded that the Union industry had recovered from previous injury and did not 
suffer  material  injury  during  the  RIP.  Therefore,  the  Commission  examined  whether  there  would  be  a 
likelihood of recurrence of injury caused by the dumped imports from Belarus if the measures were allowed 
to lapse. The Commission examined: (i) the production capacity and spare capacity in Belarus; and (ii) likely 
price levels of imports from Belarus and their impact on the Union industry’s situation, should the measures 
be allowed to lapse.  

The  production  capacity  in  Belarus  substantially  exceeded  production  volumes  and  domestic  demand  in 
Belarus  with  spare  capacity  estimated  to  be  more  than  900  000  tonnes  (more  than  8%  of  the  Union 
consumption during the RIP. The average import price from Belarus increased by 28% between 2018 and the 
RIP which was in line with the general rebar price trends. With the anti-dumping duties, Belarusian rebars 

27 

 
 
 
 
 
 
undercut Union prices by 2,5%  – 3%. Excluding the anti-dumping duty, undercutting was established at a 
level  of  11,8%  -  12%.  In  addition,  the  average  import  price  from  Belarus  during  the  period  considered 
remained below the Union producers’ unit cost. 

Given the attractiveness of the Union market due to its size and price levels it was concluded that should the 
measures be allowed to lapse, exporting producers would start again to export larger volumes of the product 
under review at low prices to the Union. The Commission concluded that this would exert downward price 
pressure on the Union industry, and cause it to lose market share, endangering its profitability. Therefore, the 
Commission concluded that there was a likelihood of recurrence of injury should the measures be allowed to 
lapse. 

Union interest 

The  Commission  examined  whether maintaining  the existing  anti-dumping  measures  would be  against the 
interest  of  the  Union  as  whole.  This  was  based  on  an  examination  of  all  the  various  interests  involved, 
including  those  of  the  Union  industry,  importers  and  users.  As  regards  Union  industry,  the  Commission 
concluded  that  if  the  measures  were  allowed  to  lapse,  they  would  likely  be  faced  with  increased  unfair 
competition from Belarus producers most likely putting a halt to their on-going recovery.  

While no importers came forward during the investigation, it could not be ruled out that the imposition of the 
measures  had  a  negative  impact  on  their  activity.  However, importers  were  not  dependent  on  Belarus  and 
could  source  the  product  under  review  from  other  countries,  such  as  Norway  and  Türkiye.  Therefore,  the 
Commission concluded that from the importers’ perspective, there were no compelling reasons not to extend 
the existing measures.  

No user came forward during the investigation. The Commission concluded that there were no compelling 
Union interest reasons against the maintenance of the existing on imports  of rebars originating in Belarus.  
Therefore, the measures were extended for a further period of five years in May 2023.  

Certain graphite electrode systems ('GES') from India  

In  March  2022,  the  Commission  initiated  two  expiry  reviews  on  the  anti-dumping  and  countervailing 
measures in force concerning imports of certain graphite electrode systems ('GES') originating in India. 

The  product  under  review  was  graphite  electrodes  of  a  kind  used  for  electric  furnaces,  with  an  apparent 
density  of  1,65  g/cm3  or more  and an  electrical resistance  of  6,0  μ.Ω.m  or  less  and  nipples used for  such 
electrodes, whether imported together or separately, originating in India. The steel industry (namely electric 
arc furnaces steel producers) is the main user of this product. 

The review investigation period ('RIP') was from 1 January 2021 to 31 December 2021 while the period to 
establish the injury trends was from 2018 to the end of the RIP.  

Sampling 

Three Union producers representing more than 68% of the estimated total volume of production and more 
than 70% of the sales of the like product in the Union were included in the sample.  

No unrelated importers of graphite electrodes from India came forward and cooperated in the investigation. 

Likelihood of recurrence or continuation of dumping  

There are two producers of GES in India, HEG Ltd ('HEG') and Graphite India Limited ('GIL'). However, 
neither cooperated in the investigations so the Commission used facts available in accordance with Article 18 
of  the  basic  anti-dumping  regulation.  As  a  result,  normal  value  was  based  on  the  data  provided  by  the 
applicant:  Mordor  Intelligence  and  Valuates  Reports.  The  two  sources  showed  similar  average  domestic 
price  of  GES  in  India  for  the  review  investigation  period.  This  price  was  cross-checked  with  the  publicly 
available information published by SteelMint.com, a market data provider for steel producers and steel users. 

To determine the export price of the Indian exporting producers to the Union the Commission used Eurostat 
statistics,  which  after  adjustments  for  sea  transport  and  insurance  showed  an  FOB  price  Indian  port  (€2 
578/tonne). This price was further adjusted for border compliance and documentary evidence costs and intra 

28 

 
 
 
Indian transport,  €2 558/tonne.  The  normal  value  in  India  was then  compared  with  the  export  price at  ex-
works level and expressed as a percentage of the CIF price resulting in a dumping margin of 44,7%. 

The investigation showed that Indian imports continued to enter the Union market at significantly dumped 
prices  and  maintained  their  quantities  and  market  shares  as  in  the  last  two  review  investigations. 
Furthermore, the analysis of production volumes and spare capacity in India, export volumes and prices from 
India to the other third country markets, existing measures in the other third countries, and attractiveness of 
the Union market also showed that it is likely that the dumped exports would further increase their already 
substantial presence in the Union market should the current measures be allowed to lapse. Consequently, it 
was concluded that there is a likelihood of continuation of dumping should measures be allowed to lapse. 

Likelihood of recurrence or continuation of subsidisation  

HEG  Limited  cooperated  in  the  investigation  and  the  co-operation  from  the  Government  of  India  (‘GOI’) 
was good. The investigation established that during the RIP the cooperating exporting producer continued to 
benefit from seven schemes.  

These schemes, except for the Remission of Duties and Taxes on Exported Products (RODTEP) scheme and 
the  electricity-related  schemes,  were  already  countervailed  in  the  previous  investigations,  were  all  export 
contingent  and  constituted  a  financial  contribution  by  the  GOI  conferring  a  benefit  on  the  exporters.  The 
schemes  which  were  found  to  be  countervailable  were:  Advance  Authorisation  Scheme  (‘AAS’);  Duty 
Drawback  Scheme  (‘DDS’);  Export  Promotion  Capital  Goods  Scheme  (‘EPCGS’);  Merchandise  Export 
Incentive  Scheme  (‘MEIS’)  Preferential  financing:  Interest  Equalization  scheme  (“IES”);  Remission  of 
Duties and Taxes on Exported Products (RODTEP); Captive Units Rebate - Electricity discount.   

The  investigation  found  that  the  subsidy  schemes  were  conferring  substantial  benefits  to  the  exporting 
producers during the RIP, amounting to a total of 9,85%. The investigation also established that AAS, DDS, 
EPCGS  and  MEIS  and  RODTEP  are  part  of  a  5-year  Foreign  Trade  Policy  (FTP  2015-20),  which  was 
originally  set  to  expire  on  31  March  2020.  However,  due  to  the  COVID-19  pandemic,  FTP  2015-20  was 
extended several times, the latest extension until 31 March 2023. The IES scheme was extended at least until 
2024, and the Captive Units Rebate was extended to the financial year 2023. There was thus no indication 
that the subsidisation level would decrease in the future. Therefore, it was concluded that there was a clear 
likelihood of continuation of the subsidisation.  

Likelihood of recurrence or continuation of injury 

The  investigation  showed  that  the  measures  allowed  the  Union  industry  to  maintain,  at  least  partially,  a 
significant  market  share  throughout  the  period  considered.  Most  of  injury  indicators  showed  that  the 
economic situation of the Union industry was difficult. These difficulties were explained by the decrease in 
consumption coupled with the consequence of the COVID-19 outbreak and dumped imports from China and 
India which, during the same period, gained market share to the detriment of Union industry whose market 
share decreased.  

Production, sales volumes and market shares decreased, as well as sales prices which had a negative effect 
on productivity. The increased price pressure from the dumped imports coming from India and China forced 
the  Union  industry  to  reduce  its  sales  prices  with  negative  effects  on  its  profitability  which  decreased 
substantially over the period considered. Also, the rapidly decreasing returns on investments had a negative 
impact  on  the  Union  industry’s  ability  to  raise  capital  and  investments.  On  the  other  hand,  despite  the 
declining trends, the Union industry still managed to maintain large sales volume and considerable market 
share. Likewise, despite the negative trend, profitability remained positive throughout the period considered. 
Therefore,  the  Commission  concluded  that  the  Union  industry  did  not  suffer  material  injury  during  the 
review investigation period.  

Therefore, the Commission examined whether there would be a likelihood of recurrence of injury, originally 
caused  by  the  dumped/subsidised  imports  from  India,  if  the  measures  were  allowed  to  lapse.  In  order  to 
establish  whether  there  would  be  a  likelihood  of  recurrence  of  injury,  the  Commission  considered  (i) 
production volume and spare capacity in India, (ii) export volumes and prices from India to the other third 
country markets, (iii) existing measures in the other third countries, (iv) attractiveness of the Union market, 

29 

 
 
 
and (v) likely price levels of imports from India and their impact on the Union industry’s situation, should 
the measures allowed to lapse.  

The  investigation  found  that  Indian  imports  continued  to  enter  the  Union  market  at  dumped  prices  and 
maintain  their  quantities  and  market  shares  as  in  the  previous  two  review  investigations.  Both  Indian 
producers  were  export  oriented  and  India  had  spare  capacity  -  the  total  Indian  production  capacity  was 
estimated at around 178 000 tonnes, with production of 121 000 tonnes; hence a spare capacity of 57 000 
tonnes in the RIP which represented about 41% of the Union consumption during the RIP. In addition, based 
on HEG’s annual report 2021, the producer was expected to continue to increase its capacity adding another 
20  000  tonnes  by  early  2023.  This  could  be  used  to  further  increase  the  export  volumes  to  the  Union  at 
dumped  prices.  The  investigation  showed  that  the  Indian  import  prices  (without  duty)  undercut  the  Union 
industry's  sales  price  by  33,5%.  It  was  considered  that  any  increase  of  the  dumped/subsidised  imports 
undercutting the Union industry's sales price would likely exercise a downward price pressure on the Union 
market  and  the  Union  industry  would  likely  be  forced  to  either  reduce  its  sales  prices  further  reducing 
profitability or to lose sales and market share to the Indian exporters. Considering the attractiveness of the 
Union  market,  due  to  its  size  and  its  relatively  high  price  level  and  India’s  capacity  to  increase  export 
quantities to the Union, the Commission concluded that the expiry of the measures would, in all likelihood, 
result  in  a  significant  increase  of  dumped/subsidised  imports  from  India  at  prices  undercutting  the  Union 
industry prices, and therefore would aggravate the economic situation of the Union industry. It was highly 
likely that this would lead to a recurrence of material injury and, as a consequence, the viability of the Union 
industry would be at serious risk.  

Union interest and continuation of measures 

No importers and users came forward to provide information and therefore, and in line with the findings in 
the original investigation and in the previous expiry reviews, the Commission concluded that there were no 
compelling reasons to conclude that it was not in the Union interest to maintain the existing anti-dumping 
and countervailing measures on imports of GES from India. The measures were extended for a further period 
of five years in June 2023.  

Certain continuous filament glass fibre (GFR) products originating China   

The Commission initiated an expiry review in April 2022 on the anti-dumping measures on GFR originating 
in China. The review was initiated following a request of the European Glass Fibre Producers Association on 
behalf of producers representing more than 50% of the total Union production of certain continuous filament 
glass fibre products ('GFR').  

GFR is a raw material used to reinforce thermoplastic and thermoset resins in the composites industry. The 
resulting composite materials (glass fibre reinforced plastics) are used in many applications in automotive, 
electronics,  windmill  blades,  construction,  tanks/pipes,  consumer  goods  and  aerospace.  It  is  sold  either  as 
chopped strands, rovings (continuous glass strands, gathered together), or mats. 

The  review  investigation  period  for  dumping  covered  is  1  January  2021  to  31  December  2021  while  the 
examination of trends relevant for the continuation or recurrence of injury covered the period from 1 January 
2018 to the end of the review investigation period. 

Sampling 

Three Union producers were sampled representing 76% of the production of the Union industry in the RIP.  

Likelihood of continuation or recurrence of dumping  

The analysis of the likelihood of continuation or recurrence of dumping was based on facts available given 
there was no cooperation from Chinese exporters nor the Government.  

The applicants provided sufficient evidence of government induced distortions in China and the investigation 
was initiated in accordance with Article 2(6a) of the basic Regulation.  

30 

 
 
 
 
 
 
The  investigation  found  that  the  main  suppliers  of  the  raw  materials  were  affected  by  the  existence  of 
significant  market  distortions  related  to  the  factors  of  productions,  in  particular  kaolin  and  dolomite.  In 
addition, the investigation revealed substantial governmental intervention in other factors of production such 
as  land,  energy,  capital,  and  labour.  The  Commission  also  found  that  the  Chinese  government  owns  a 
majority of the biggest GFR producers in China, as well as upstream suppliers and downstream users located 
in  China.  In  particular,  the  two  largest  Chinese  GFR  producers,  CPIC  and  Jushi,  are  major  State-owned 
conglomerates.    

Normal  value  was  therefore  constructed  and  based  on  data from  Türkiye  as representative  country.  It  was 
calculated  on  the  basis  of  the  consumption  ratios  of  the  main  raw  materials  (silica,  kaolin,  dolomite, 
limestone, platinum and rhodium), electricity, natural gas and direct labour costs provided by the Applicants 
in the review request. The benchmarks for the unit costs related to the inputs were based on the data obtained 
from  Türkiye.    Other  direct  costs,  consumables  and  manufacturing  overheads  were  based  on  a  percentage 
calculated on the basis of the actual costs incurred by the applicants and were added to the direct undistorted 
manufacturing  costs.  Finally,  the  SG&A  and  profit  of  the  Turkish  producer,  Türkiye  Şişe  Ve  Cam 
Fabrikalari A.Ş. as published in their annual accounts for 2021 were used. The level of profits was estimated 
at 36,74% and for SG&A, 16,81%. 

In the absence of cooperation from the Chinese exporting producers, the export price was based on Eurostat 
CIF import prices adjusted to ex works level. Thus, the CIF price was reduced by the sea transport freight, 
domestic  transport  costs  and  EU  customs  handling.  These  costs  were  based  on  data  provided  by  the 
applicants  in the  request for review.  The  weighted  average  dumping margins  were  in  the range  of  50% to 
54% - depending on the product type. It was therefore concluded that dumping continued during the review 
investigation period. 

The  Commission  also  investigated  the  likelihood  of  continuation  of  dumping,  should  the  measures  be 
repealed, analysing the development of the production capacity and spare capacity in the PRC, the relation 
between Chinese export prices to other third countries and the Chinese export prices to the Union and the 
attractiveness of the Union market. 

Likelihood of continuation or recurrence of injury 

The analysis of the situation of the Union industry showed that it continued to suffer material injury. Union 
production decreased by 23% between 2018 and 2020, then picked-up again by 18% between 2020 and the 
review investigation period resulting in 9% decrease over the entire period considered. One Union producer 
had to permanently close its plant in the summer of 2019. Overall, the capacities decreased by 3% over the 
period considered. The capacity utilisation developed in line with the changes in production and capacities, 
i.e.,  it  decreased  to  70%  in  2020,  due  to  COVID  related  restrictions.  Once  these  restrictions  were  lifted, 
capacity  utilisation  increased  to  87%  in  the  review  investigation  period.  Nonetheless,  due  to  the  technical 
restrictions  when  restarting  idled  capacities  after  COVID  related  restrictions,  the  Union  producers  were 
unable  to  sufficiently  increase  their  production  to  meet  the  growing  post-COVID  demand  in  a  timely 
manner.  

The  Union industry profits  dropped  from  a  6,2% profit in  2018 to  a  3,6% loss in the  review  investigation 
period showing the industry’s particularly precarious situation. The Union industry’s sales decreased by 14% 
between 2018 and 2020, then picked-up by 6% between 2020 and the review investigation period resulting in 
9% decrease over the period considered. The Union industry’s market share decreased to 45,3% at the end of 
the  period  considered,  i.e.,  losing  5  percentage  points  from  the  beginning  of  the  period.  In  addition, 
employment decreased by 9%. Closing stocks could not recover to their normal levels. The cash flow in the 
review investigation period decreased by 62% compared to 2018. The return on investments diminished to –
3,1% from 10% in 2018. The decreasing production had a significant impact on the industry, reflected in the 
lossmaking situation in 2020–2021, due to the high fixed costs and the impossibility to flexibly scale back 
production as furnaces needed to be fully utilised in this specific production process. Even in such adverse 
circumstances,  continuous  investments  were  necessary,  mainly  to  replace  furnaces  with  strictly  limited 
lifetime which put additional financial pressure on the producers. On this basis, the Commission concluded 
that the Union industry continued to suffer material injury.  

The  Commission  examined  whether  the  dumped  imports  from  China  caused  material  injury  to  the  Union 
industry. In the years preceding the review investigation period, the continued presence of Chinese imports 
exercising  price  pressure  on  the  EU  market  clearly  contributed  to  the  injurious  situation  of  the  Union 

31 

 
 
 
industry. However, non-injurious Chinese import prices during the review investigation period, which were 
far above the Union industry’s sales prices and cost of production, did not exert any pressure on the Union 
industry.  Therefore, the  Commission  analysed  whether  injury  was  caused  by  factors  such  as imports from 
Egypt, increased costs of production in the Union and contractual conditions with the users. The Commission 
found that  Chinese  producers of  GFR located  in  Egypt,  still  accounted for  12,7% market  share during the 
review  investigation  period  and  their  import  prices  were  well  below  the  prices  observed  for  the  other 
countries  as  well  as  the  Union  industry.  Thus,  the  price  pressure  from  Chinese  producers  of  GFR  located 
outside China was present throughout the whole period considered.  The investigation also showed that the 
global  shortage  caused  by  governmental  measures  in  relation  to  the  COVID  pandemic  allowed  the  Union 
industry to start to recover on the sales side, but it had increased production costs, such as increased fixed 
costs due to the temporary idling of capacities in response to COVID-related lockdowns of user industries, 
and increased energy and certain raw material costs. Also, the Union industry was not able to immediately 
increase its production substantially, due to the time needed to restart idle capacities. As a result, users in the 
EU  were  temporarily  forced  to  buy  imported  goods  from  China  at  much  higher  prices,  which  led  to  an 
increased Chinese market share of 6,5% in the RIP. In addition, the Union industry had long-term contracts 
with  users  and  could  not  immediately  increase  sales  prices  to  take  advantage  of  the  improved  market 
situation and the absence of injurious Chinese prices. 

The  Commission  concluded  that  the  injury  suffered  by  the  Union  industry  during  the  RIP  could  not  be 
attributed  to  the  dumped  imports  from  China,  and  that  other  factors  affected  the  injurious  situation  of  the 
Union industry, attenuating the causal link between the Chinese imports and the injury suffered by the Union 
industry in the RIP.  As a result, the Commission further assessed, whether there would be a likelihood of 
recurrence of injury caused by the dumped imports from China if the anti-dumping measures were allowed 
to lapse.  

The  investigation  showed  that  the  prices  of  the  Chinese  dumped  imports  increased  significantly  (46%) 
between 2020 and the review investigation period. This was mainly due to the exceptional increase of freight 
cost. The estimated Chinese price at ex-works level increased by 5% only from 2020 to 2021 and was around 
€907 per tonne, thus, well below the average ex works price of the Union producers (€1 092/tonne). If the 
freight  cost  had  remained  unchanged  from  2020  to  2021,  Chinese  imports  without  duties  would  have 
undercut the Union’s industry’s prices by 21,1% and would have remained below the cost of production of 
the Union industry, similar to the situation observed in the years preceding the review investigation period.  
The increase of freight cost was exceptional and temporary and dropped back to 2020 levels as of November 
2022.  At  the  start  of  2023  the  Chinese  import  prices  were  again  undercutting  the  Union  industry’s  post-
review investigation period prices by 14,9%, and they were well below the cost of production of the Union 
industry in the review investigation period.   

The  Commission  found  that  if  the  measures  were  allowed  to  lapse,  it  could  be  reasonably  expected  that, 
given the attractiveness of the Union market and the spare capacity in China, there would be a substantial 
increase  of  imports  of  GFR  from  China  to  the  Union  at  dumped  prices,  undercutting  and  supressing  the 
Union industry’s prices.  On this basis, the Commission concluded that the absence of measures would, in all 
likelihood, result in a recurrence of injury to the Union industry. 

Union interest 

The  Commission  examined  whether maintaining  the existing  anti-dumping  measures  would be  against the 
interest of the Union as whole. This was based on an examination of the various interests involved, including 
those of the Union industry, importers and users.  

As regards Union industry, the Commission concluded that if the measures were allowed to lapse, it would 
likely lead to a significant increase of dumped Chinese imports of GFR, largely undercutting and supressing 
the Union industry’s prices thereby aggravating the injury to the Union industry. Therefore, the Commission 
concluded that that it was in the interest of the Union industry to maintain the measures in force.  

Given that GFR is to a large extent standardised  the sources  of supply can be  changed efficiently. On this 
basis, the Commission concluded that the measures in force had no significant negative effects on importers 
given  the  alternative  sources  were  not  subject  to  measures  and  therefore  the  continuation  of  the  measures 
would not unduly affect them. 

32 

 
 
 
As regards users, they were in favour of the measures continuing as Union producers of GFR are the R & D 
and innovation drivers and without them the downstream fabrics industries and the innovation in this sector 
would stop.  They would be almost entirely dependent on the supply of rovings by State-owned companies in 
China  if  the  Union  industry  went  out  of  business,  putting  them  in  a  highly  vulnerable  position.  This  risk 
already materialised during the COVID pandemic, when Chinese producers were unable to supply EU users. 
Thus, the survival of the downstream fabrics industry in the Union is also dependent on the viability of the 
Union industry of GFR.  

The Commission concluded there were no compelling reasons against the continuation of measures and in 
July 2023, the measures were extended for a further five years.   

Seamless  pipes  and  tubes  of  iron  (other  than  cast  iron)  or  steel  (other  than  stainless  steel)  -  expiry 
review. 

On  12  May  2022,  the  Commission  initiated  an  expiry  review  of  the  anti-dumping  measures  imposed  on 
imports of certain seamless pipes and tubes of iron (other than cast iron) or steel (other than stainless steel), 
of circular cross-section, of an external diameter exceeding 406,4 mm originating in the People’s Republic of 
China (China), following a request lodged by the European Steel Tube Association (ESTA) on behalf of the 
Union industry. 

The product under review was the same as in the original investigation, namely certain seamless pipes and 
tubes of iron (other than cast iron) or steel (other than stainless steel), of circular cross section, of an external 
diameter  exceeding  406,4  mm.  The  product  is  used  in  a  wide  range  of  applications,  for  example 
transportation  of  oil,  gas,  liquids,  and  fluids,  in  the  construction  business  for  piling,  for  mechanical  uses, 
boiler tubes and oil and country tubular goods for casing in the oil industry. 

The investigation of continuation or recurrence of dumping covered the period from 1 January 2021 to 31 
December 2021. The examination of trends relevant for the assessment of the likelihood of a continuation or 
recurrence of injury covered the period from 1 January 2018 to the end of the review investigation period. 

Likelihood of continuation or recurrence of dumping 

During the review investigation period, imports of the product into the Union from China continued although 
in lower quantities. 

The Commission conducted the investigation in accordance with the provisions of Article 2(6a) of the basic 
Regulation as the request contained sufficient evidence of the existence of significant distortions (allocation 
of  capital,  land,  labour,  energy,  and  raw  materials)  in  the  metallurgical  sector  in  China.  As  a  result,  the 
Commission concluded that it was not possible to use domestic prices and costs to establish normal value in 
the  case.  Therefore,  normal  value  was  based  on  undistorted  prices  or  benchmarks  from  the  representative 
country,  i.e.,  Mexico.  To  construct  normal  value,  the  Commission  used  the  information  provided  by  the 
Union industry on the consumption of each factor of production multiplied by the undistorted costs per unit 
established  in  Mexico  per  product  type.  To  this,  the  Commission  added  an  appropriate  amount  for 
manufacturing  overheads  and  finally  applied  the  SG&A  and  profit  in  Mexico  which  amounted  to  26,16% 
and 15,34% respectively. 

This normal value was compared to the export price which was based on CIF Eurostat data corrected to ex-
works level  by  adjusting for sea  freight  and insurance  costs  and  domestic  transport  cost  in  China.  On that 
basis, the weighted average dumping margin was in the range of 10% to 44% for the cooperating exporting 
producers. 

The  Commission  also  examined  the  likelihood  of  the  continuation  of  dumping  if  the  measures  were 
discontinued  by  examining  production  capacity  and  spare  capacity  in  China  and  the  attractiveness  of  the 
Union market. The applicant estimated that the Chinese capacity utilisation was around 2,3 million tonnes 
out of a total production capacity of 5 million tonnes, leaving spare capacity of around 2,7 million tonnes. 
The applicants estimated that during the same period, the production capacity of the 12 existing companies in 
the rest of the world was around 2,9 million tonnes. In view of the spare capacity in China, the Commission 
considered  it  likely  that  Chinese  exporting  producers  would  redirect  their  spare  capacities  increasingly 
towards  the  Union  market  in  large  quantities  at  dumped  prices  should  the  measures  lapse.  Moreover,  the 

33 

 
 
 
Commission considered that the attractiveness of the Union market in terms of size and prices supported the 
likelihood that Chinese exports and spare capacity would be directed towards the Union market, should the 
measures lapse. 

As a result, the Commission concluded that there was a strong likelihood that the expiry of the anti-dumping 
measures would result in an increase of dumped exports from China.  

Likelihood of continuation or recurrence of injury 

All injury indicators showed a negative pattern during the period considered. There was a decrease in Union 
consumption  between  2018  and  the  review  investigation  period.  At  the  same  time,  production  volume 
decreased  by  45%  and  sales  decreased  by  9%.  This  led  to  a  decrease  in  capacity  (21%)  and  employment 
(40%).  Capacity  utilisation  and  productivity  also  fell  during  the  period  considered  by  30%  and  8% 
respectively. In addition, the profit went from 9,3% in 2018 to a loss of 7,2% during the review investigation 
period.  In  view  of  all  these  factors,  the  Commission  concluded  that  the  Union  industry  suffered  material 
injury within the meaning of Article 3(5) of the basic Regulation during the review investigation period.  

As  regards  the  causal  link,  imports  from  China  were  drastically  reduced  because  of  the  anti-dumping 
measures  in  force.  However,  in  a  context  of  decreasing  consumption,  Chinese  imports  increased  over  the 
period considered to the detriment of the Union industry. The volume of total imports from China increased 
by  104%  over  the  period  considered.  Concerning  the  prices,  the  average  import  prices  decreased  by  1% 
between 2018 and 2019, by 4% between 2018 and 2020 and increased by 13% between 2018 and the review 
investigation period. As a result, the weighted average undercutting margin was between 21,6% and 27%, 
without  anti-dumping  duties.  However,  when  the  same  comparison  was  carried  out  including  the  anti-
dumping duties no undercutting was observed. Imports from other countries, such as Thailand, Ukraine, and 
the  United  Kingdom,  fell by  21% over the  period  considered  and the  market  share  of  those  countries also 
decreased.  

This  Commission  also  examined  the  likelihood  of  the  recurrence  of  injury.  Given  the  continuation  of 
dumping,  the  overcapacities  in  China  along  with  the  attractiveness  of  the  EU  market,  the  Commission 
concluded that the absence of measures would, in all likelihood, result in a significant increase of dumped 
imports from China at injurious prices and material injury would be likely to recur. This would cause an even 
greater  deterioration  of  the  profitability  of  the  Union  industry.  The  Commission  concluded  that,  in  all 
likelihood, injury would therefore recur if the measures were allowed to lapse.  

Union interest 

The  Commission  examined  if  it  was  in  the  Union  interest  to  maintain  the  anti-dumping  measures  by 
examining the interests of the Union industry, importers and users.   

The investigation showed that if measures expired, it would likely have a significant negative effect on the 
Union industry  as  the  situation  would  quickly  deteriorate  with lower  sales  volumes  and  sales  prices  and  a 
strong decrease in profitability. Continuation of measures would allow the industry to recover further from 
past injury caused by dumped imports, and benefit from a Union market not  impacted by dumped imports 
from  China.  Therefore,  it  was  concluded  that  maintaining  the  anti-dumping  measures  in  force  was  in  the 
interest of the Union industry. 

No users came forward in the review and only one importer came forward. The importer was not in favour of 
the measures claiming that Chinese imports were needed to fill demand.  However, the Commission found 
that  the  importer’s  turnover  for  the  product  was  less  than  1%  of  its  total  turnover  and  therefore  the 
continuation of the measures would not change the company’s overall performance in any case. Furthermore, 
the initial investigation had shown there were sufficient alternative sources of supply with imports from all 
origins accounting for 10% of market share. Also, the Union industry had more than 46% spare capacity in 
the review investigation period, far beyond the Union consumption. As a result, the Commission concluded 
that there were no compelling reasons of Union interest against the maintenance of the measures. On 13 July 
2023, the Commission extended the measures in place on imports of the product from China for another five-
year period. 

34 

 
 
 
 
Lightweight thermal paper originating in the Republic of Korea 

On  3  May  2022,  the  Commission  initiated  an  expiry  review  of  the  anti-dumping  measures  imposed  on 
imports of certain lightweight thermal paper originating in the Republic of Korea, following a request lodged 
by the European Thermal Paper Association on behalf of the Union industry of certain lightweight thermal 
paper. 

The product under review was the same as in the original investigation, namely certain lightweight thermal 
paper  weighing  65  g/m2  or  less; in  rolls  of  a  width of  20  cm  or more,  a  weight  of the  roll  (including  the 
paper) of 50 kg or more and a diameter of the roll (including the paper) of 40 cm or more (‘jumbo rolls’); 
with or without a base coat on one or both sides; coated with a thermo-sensitive substance on one or both 
sides; and with or without a top coat. Lightweight thermal paper is used for point-of-sale applications such as 
the receipts issued by retail, but also for self-adhesive labels for e-commerce packaging, tickets and tags. 

The investigation of continuation or recurrence of dumping covered the period from 1 January 2021 to 31 
December 2021. The examination of trends relevant for the assessment of the likelihood of a continuation or 
recurrence of injury covered the period from 1 January 2018 to the end of the review investigation period. 

Sampling  

The  Commission  selected  a  sample  of  three  Union  producers  accounting  for  86%  of  the  estimated  total 
Union  production  and  Union  sales  volume  of  the  product  under  review.  Sampling  was  not  necessary  for 
unrelated  importers  as  none  came  forward  in  the  investigation.  Sampling  was  also  not  necessary  for  the 
exporting producers. The main known exporting producer, Hansol Paper, accounting for almost all exports of 
lightweight thermal paper from Korea into the Union cooperated with the investigation. 

Likelihood of continuation of dumping 

During  the  review  investigation  period,  imports  of  lightweight  thermal  paper  from  the  Republic  of  Korea 
continued, albeit at lower levels than in the investigation period of the original investigation.  

The normal value was calculated as a weighted average of the price of all domestic sales during the review 
investigation  period  or  as  a  weighted  average  of  the  profitable  sales  only,  depending  on  the  product  type. 
Where a product type was not sold on the domestic market, and in the absence of a domestic sales price of a 
product type by any other exporting producer, the Commission constructed the normal value in accordance 
with Article 2(3) and (6) of the basic Regulation. 

The export price was based on export sales of the sole cooperating exporting producer to the Union, which 
accounted for almost all imports of the product under review from the Republic of Korea. For direct sales to 
independent customers in the Union, the export price was the price actually paid or payable for the product 
under review when sold for export to the Union, in accordance with Article 2(8) of the basic Regulation. For 
sales of the exporting producer to the Union, through its related trader Hansol Europe acting as an importer, 
the export price was established on the basis of the price at which the imported product was first resold to 
independent customers in the Union, in accordance with Article 2(9) of the basic Regulation. In this case, 
adjustments to the price were made for all costs incurred between importation and resale, including SG&A 
expenses, and profits. 

The  Commission  compared,  per  product  type,  the  normal  value  and  the  export  price  of  the  exporting 
producer  on  an  ex-works basis.  Where justified  to  ensure a  fair  comparison, the  Commission  adjusted  the 
normal value and/or the export price for differences affecting prices and price comparability, in accordance 
with Article 2(10) of the basic Regulation. Adjustments for transport costs, handling and loading costs, bank 
charges,  EU  customs  duties,  year-end  rebates,  commissions  and  for  a  duty  drawback  were  deducted  from 
domestic and/or export sales prices, where they were reported and found to be justified. 

On this basis, the weighted average dumping margin was 29% for Hansol Paper. It was therefore concluded 
that dumping continued during the review investigation period.  

The Commission also investigated, in accordance with Article 11(2) of the basic Regulation, the likelihood 
of  continuation  of  dumping,  should  the  measures  be  repealed.  The  following  elements  were  analysed:  the 
production capacity and spare capacity in the Republic of Korea and the attractiveness of the Union market 
35 

 
 
 
compared  to other markets.  It  was  established  that  production capacity in  Korea  was  significant,  about  10 
times  bigger  than  domestic  consumption  in  Korea  and  representing  almost  twice  the  Union  consumption. 
Furthermore, the main exporting producer, Hansol Paper, had announced its intention to expand its thermal 
paper business. Moreover, the investigation established that the Union market was attractive in terms of size 
and prices as compared to other markets. The Union market was the largest market for lightweight thermal 
paper in the world, accounting for some 25% of global consumption, with high growth potential in absolute 
terms.  The  domestic  market  of  the  Republic  of  Korea  on  the  other  hand  was  small,  with  an  annual 
consumption ranging from 20 000 to 37 200 tonnes. Hansol Paper’s annual production alone was 4 to 9 times 
bigger  than  the  consumption  of  the  product  in  its  domestic  market.  The  sales  prices  of  Korean  exports  to 
destinations other than the Union dropped over the period under review. Finally, the US market, the main 
export  market  for  Korean  exports  during  the  review  investigation  period  had  become  less  attractive 
following the imposition of anti-dumping measures on imports of thermal paper originating, inter alia, in the 
Republic of Korea in 2021. 

As a result, the Commission concluded that there was a strong likelihood that the expiry of the anti-dumping 
measures on imports of the product concerned would result in the continuation of dumping.  

Likelihood of continuation or recurrence of injury 

During the period considered, the market share of the Union industry remained high and stable, at 92% or 
above. Sales volumes on the Union market decreased slightly, reflecting a similar decrease in consumption. 
In terms of financial indicators, the Union industry profitability was positive throughout the period. Notably, 
the Union industry made profits of 11,3%, 14,8% and 12,2% in 2018, 2019, and 2020 respectively. However, 
costs increased by 5,5% from 2020 to the review investigation period while prices remained stable, which 
drove profitability down to 6,6%. This also coincided with an increase of dumped imports with market share 
going from 0,9% in 2020 to 2,7% in the review investigation period.  The price pressure from the dumped 
imports  prevented  the  Union  industry  from  increasing  prices  in  line  with  the  increase  in  their  cost  of 
production. The Commission established an undercutting margin of 13,7 %. The Commission also noted that 
there was a dramatic decrease in investment for the Union industry over the period considered. On this basis 
the Commission concluded that the Union industry was injured. 

The  Commission  also  examined  the  likelihood  of  the  recurrence  of  injury.  Given  the  continuation  of 
dumping,  the  significant  production  capacity  in  Korea,  along  with  the  attractiveness  of  the  EU  market  in 
terms of its size and prices, the Commission concluded that the absence of measures would, in all likelihood, 
result in a significant increase of dumped imports from Korea at injurious prices and material injury would 
recur.  

Union interest 

The  Commission  found  that  the  removal  of  the  measures  would  endanger  the  EU  industry’s  long  term 
financial  viability.  Therefore,  the  Commission  concluded  that  the  continuation  of  the  measures  was  in  the 
interest of the Union industry. As there was no cooperation from importers and users, the Commission had 
no information to indicate that the maintenance of the measures would have a negative impact on the users 
and/or importers  outweighing  the positive  impact  of the measures.  Hence,  the  Commission  concluded  that 
there were no compelling Union interest reasons against the maintenance of the measures on imports of the 
product under review originating in Korea. In June 2023, the Commission extended the measures in place on 
imports of lightweight thermal paper from Korea for another five-year period. 

Hot-rolled  flat  products  of  iron,  non-alloy  or  other  alloy  steel  (HRF)  originating  in  the  People’s 
Republic of China - Anti-dumping and Anti-subsidy measures  

Definitive anti-dumping duties on imports of hot-rolled flat products from China were originally imposed in 
April 2017 for five years. Anti-subsidy duties on the same product were imposed subsequently, in June 2017. 
The combined duties (AD and CVD) range from 18,1% to 35,9%. On 5 April and 8 June 2022, following a 
request by the European Steel Association (EUROFER) representing more than 25% of EU production of the 
product concerned, the Commission initiated expiry reviews of the anti-dumping and anti-subsidy measures.  

The  reviews  concerned  imports  of  certain  flat-rolled  products  of  iron,  non-alloy  steel  or  other  alloy  steel, 
whether or not, in coils (including ‘cut-to-length’ and ‘narrow strip’ products), not further worked than hot-

36 

 
 
 
rolled, not clad, plated or coated (‘HRF’). The main use for the product is in construction (production of steel 
tubes),  shipbuilding,  gas  containers,  cars,  pressure  vessels  and  energy  pipelines.  The  review  investigation 
period (RIP) for both reviews was from 1 January to 31 December 2021 and the examination of the trends 
relevant for the assessment of injury covered the period from 1 January 2018 to the end of the RIP (period 
considered). 

Sampling (common for the anti-dumping and the anti-subsidy reviews) 

The Commission selected a sample of three Union producers  based on the largest volume of production of 
the  like  product  in  the  Union  during  the  review  investigation  period  that  could  reasonably  be  investigated 
within the time available. The sample accounted for around 29% of estimated total production in the Union. 
No exporting producers cooperated in the two expiry reviews.  

Likelihood of continuation or recurrence of dumping 

Owing  to  a  lack  of  cooperation  by  the  China  producers,  the  findings  in  relation  to  the  likelihood  of 
continuation or recurrence of dumping were based on facts available. 

The  Commission  conducted  the  anti-dumping  investigation  in  accordance  with  the  provisions  of  Article 
2(6a) of the basic anti-dumping Regulation as the request contained sufficient evidence of the existence of 
significant  distortions  in  the  steel  sector  in  China,  to  which  HRF  products  belong.  As  a  result,  the 
Commission concluded that it was not possible to use domestic prices and costs to establish normal value in 
this case. Therefore, normal value was calculated on the basis of undistorted prices or benchmarks from the 
representative country in the case, Mexico. 

To  construct  normal  value,  the  Commission  used  the  information  provided  by  the  Union  industry  on  the 
consumption of each factor of production multiplied by the undistorted costs per unit established in Mexico. 
To this, the Commission added an appropriate percentage amount for manufacturing overheads (11,30%) and 
applied the SG&A (10,74%) and profit (16,33%) from a selected company in Mexico. 

In  the  absence  of  cooperation  from  Chinese  exporting  producers,  the  export  price  was  based  on  statistical 
information from Eurostat. However, given that the low volumes of imports did not provide a sufficient basis 
for  a  continuation  of  dumping  analysis,  the  Commission  focused  its  investigation  on  the  likelihood  of 
recurrence of dumping should the measures be allowed to lapse. In view of the findings on spare capacities, 
attractiveness  of  the  Union  market  in  terms  of  size  and  prices  and  the  fact  that  the  prices  charged  by  the 
exporting producers from the PRC to third countries were significantly below the established normal value, 
the  Commission  concluded  that  there  was  a  likelihood  of  recurrence  of  dumping  should  the  measures  be 
allowed to lapse. 

Likelihood of continuation of subsidisation 

Owing  to  a  lack  of  cooperation  by  the  Government  of  China  and  the  exporting  producers  of  the  product 
under  review,  the  Commission  used  facts  available  to  establish  the  continuation  of  subsidy  practices.  The 
Commission  reiterated  its  conclusion  from  the  original  investigation  that  the  Chinese  steel  industry  is  a 
key/strategic industry.  

The  Commission  confirmed  the  continuation  of  subsidisation  with respect to most of the  subsidy  schemes 
countervailed in the original investigation, as well as some of additional new subsidies. 

Further  to  this  finding,  the  Commission  investigated  the  likelihood  of  continuation  of  subsidised  imports, 
should the measures be repealed. The following additional elements were analysed: the production capacity 
and spare capacity in China and the attractiveness of the Union market. 

The  Commission  concluded  that  there  was  sufficient  evidence  that  subsidisation  of  the  HRF  industry  in 
China is likely to continue in the future and no evidence showed that the subsidy programmes at issue would 
be terminated soon. Therefore, the Commission found that repealing the countervailing measures would be 
likely to result in a redirection of significant volumes of subsidised imports of HRF to the Union market.  

37 

 
 
 
 
Likelihood  of  continuation  or  recurrence  of  injury  (common  for  the  anti-dumping  and  the  anti-subsidy 
reviews) 

Following the imposition of countervailing measures against imports of HRF from China in 2017, imports 
decreased  and  remained  below  the  de  minimis  level  allowing  the  Union  industry  to  recover  from  the 
injurious effects of the subsidised imports from China by the end of 2018. However, this recovery came to an 
abrupt halt and was reversed in 2019, when the Union industry had to compete with significant volumes of 
low-priced dumped imports from Türkiye, forcing it to set its prices below costs to keep its market share and 
thus causing material injury. In July 2021, the Commission imposed definitive measures against Türkiye and 
the  situation  of  the  Union  industry  recovered  by  the  end  of  2021.  Almost  all  injury  indicators,  notably 
production,  capacity  utilisation,  sales  volumes  and  sales  prices,  employment  and  productivity,  profit,  cash 
flow  and  return  on  investment  followed  a  similar  trend  during  the  period  considered.  This  trend  was 
characterised by a decrease in 2019, a sharper decrease in 2020 and a rebound in the RIP to levels similar to 
2018. On this basis, the Commission concluded that the Union industry did not suffer material injury during 
the RIP. 

The  Commission  found  that  the  estimated  Chinese  spare  capacity  corresponded  to  89%  of  the  EU  free 
market consumption. It also noted that the Union market was among the largest HRF markets and the price 
levels in the Union  were higher than the average price charged by the Chinese exporters  in the rest of the 
world. Therefore, the Union market was found to be attractive. Considering the low volumes of imports from 
China  from  2018  until  2021,  the  Commission  considered,  as  a  representative  proxy  for  prices  of  HRF 
imports into the Union, the export prices from China to all third countries. The result showed that on average 
the Chinese exports to the Union undercut Union industry’s average prices by around 8%. HRF is a highly 
price  sensitive  commodity  product  and  rather  modest  levels  of  price  undercutting  combined  with  large 
volumes  would  have  significant  and  immediate  impact  on  the  Union  industry’s  performance.  The 
Commission  therefore  concluded  it  was  very  likely  that  low-priced  subsidised  imports  from  China  would 
recur in significant volumes and would undercut Union prices. This would have a significant adverse effect 
on the Union industry’s performance resulting in material injury recurring. 

Union interest and measures 

The Commission found that the effect of anti-subsidy measures would be positive for the Union producers, 
by helping it recover from the negative impact subsidised imports and the COVID-19 pandemic. No users or 
unrelated importers cooperated in the investigation. Given their lack of cooperation and in the absence of any 
indications to the contrary, the continuation of the measures was not considered against the interest of users 
and importers. The Commission also analysed whether measures against China would have a negative effect 
on  the  security  of  supply,  as  there  are  also  measures  in  place  on  HRF  against  Türkiye,  Brazil,  Iran  and 
Russia. The Commission concluded that there were no potential risks at the level of supply for downstream 
users.  The  Commission  concluded  that  there  were  no  compelling  Union  interest  reasons  against  the 
continuation  of  the  measures.  Therefore,  the  anti-dumping  and  anti-subsidy  measures  on  imports  of  HRF 
from China were maintained for another five years. 

Hot-rolled flat products of iron, non-alloy or other alloy steel (HRF) from Russia, Iran, and Brazil 

On 5 October 2022, the Commission initiated an expiry review on imports of certain hot-rolled flat products 
of  iron,  non-alloy  or  other  alloy  steel  from  Russia,  Iran  and  Brazil,  following  a  request  lodged  by  the 
European Steel Association (EUROFER) on behalf of the Union industry. 

The investigation of dumping covered the period from 1 July 2021 to 30 June 2022, while the examination of 
trends  relevant  for  the  assessment  of  injury  covered  the  period  from  1  January  2019  to  the  end  of  the 
investigation period. 

Sampling 

The Commission selected a sample of three Union producers, accounting for 25% of total EU production and 
26% of total sales in the EU market. The Commission selected the largest EU producers, while taking also 
into consideration geographical spread. 

38 

 
 
 
The Commission selected three exporting producers (two groups) for the sample, covering 98% of the total 
imports into the Union from Brazil. Only one Iranian producer came forward and therefore no sampling was 
necessary. No exporting producer from Russia came forward. 

Likelihood of continuation or recurrence of dumping 

Russia 

Due to the lack of cooperation from Russian producers, the Commission used facts available to establish the 
normal  value,  information  submitted  by  EUROFER.  Accordingly,  the  normal  value  was  based  on  the 
domestic  prices  in  Russia  established  from  average  domestic  price  lists  for  hot-rolled  coils  from  the 
Developing  Markets  Steel  Review  published  by  MEPS  International  Ltd.  (MEPS)  during  the  review 
investigation period, to which processing costs were added to obtain the price of HRF. To arrive at ex-work 
prices, the inland transport costs were deducted based on the estimations provided in the request. The export 
price  was  based  on  CIF  Eurostat  import  data  corrected  to  ex  works  level.  The  estimated  dumping  margin 
expressed  as  a  percentage  of  the  CIF  Union  frontier  price,  duty  unpaid,  was  around  5%.  Thus,  dumping 
continued during the review investigation period. 

The Commission then assessed the likelihood of continuation of dumping, should the measures be allowed to 
lapse. The Commission analysed production capacity and spare capacity in Russia, the attractiveness of the 
Union market and the possible absorption capacity of third country markets of Russian exports.  

Given the existing spare capacity and the attractiveness of the EU market, the Commission concluded that if 
measures  were  to  lapse  Russian  exporting  producers  would  likely  activate  their  spare  capacity  as  well  as 
redirect exports in significant volumes from third countries towards the Union market at dumped prices and. 
Consequently, it  found that  there  was  a  strong likelihood  that  the expiry  of  the anti-dumping measures  on 
imports from Russia would result in the continuation of dumping. 

Iran 

During the review investigation period there were virtually no imports from Iran. Thus, it was not necessary 
to  conduct  a  dumping  calculation.  The  Commission  looked  instead  at  the  likelihood  of  recurrence  of 
dumping, should the measures be allowed to lapse. For this purpose, the Commission analysed production 
capacity and spare capacity in Iran, the attractiveness of the Union market for Iranian producers and exports 
from Iran to third countries. The Commission concluded that given the spare capacity available in Iran, the 
attractiveness of the Union market and the fact that prices of exports from Iran to third countries were below 
domestic prices, there was a high likelihood of recurrence of dumping from Iran if the measures are allowed 
to lapse. 

Brazil 

For the normal value, the analysis of domestic sales showed that more than 80% of all domestic sales were 
profitable and that the weighted average sales price was higher than the cost of production. Accordingly, the 
normal  value  was  calculated  as  a  weighted  average  of  the  prices  of  all  domestic  sales  during  the  review 
investigation  period.  For  the  one  product  type  not  sold  in  the  domestic  market,  the  normal  value  was 
calculated based on the cost of production plus the average SG&A expenses and profit of all sales made in 
the domestic market.  

The  sampled  exporting  producers  exported  to  related companies in the  Union, which mainly  used  HRF to 
manufacture other products.  Those related companies  did  not  source the  like  product  from  other  unrelated 
suppliers.  Therefore,  the  Commission  was  not  able  to  confirm  whether  those  prices  were  at  arm’s  length. 
However, since  in  expiry  reviews  there is  no  need to  determine a  dumping margin,  but  only likelihood  of 
continuation  or  recurrence  of  dumping,  the  Commission  considered  it  appropriate  to  use  those  prices  to 
establish the export price.  

The Commission compared, per product type, the normal value and the export price of the sampled exporting 
producers  on  an  ex-works  basis.  The  estimated  weighted  average  dumping  margins  expressed  as  a 
percentage of the CIF Union frontier price, duty unpaid, was 16,2% and 18,7% for the sampled producers. 

39 

 
 
 
The Commission then assessed the likelihood of continuation of dumping, should the measures be allowed to 
lapse. The Commission analysed production capacity and spare capacity in Brazil and the attractiveness of 
the  Union  market  for  Brazilian  producers.  It  also  looked  at  exports  from  Brazil  to  third  countries.  The 
Commission  concluded  that,  in  view  of  the  fact  that  Brazilian  imports  at  dumped  prices  only  slightly 
decreased as compared to the original investigation, the attractiveness of the Union market in terms of prices 
and the fact that prices of exports from Brazil  to third countries  were below domestic prices, it was likely 
that  Brazilian  producers  would  continue  to  export  to  the  Union  at  dumped  prices  if  the  measures  were 
allowed to lapse. 

Likelihood of continuation or recurrence of injury 

Based  on the  economic  indicators  analysed  (such as production,  capacity utilisation, sales  volume, market 
share,  employment,  prices,  cost,  and  profitability),  the  Commission  found that  the  Union  industry  had  not 
suffered material injury during the review investigation period. However, it noted that the situation observed 
during  the  review  investigation  period  reflected  the  COVID  pandemic-induced  slowdown  and  subsequent 
rebound  in  demand.  The  positive  development  came  to  an  end  in  the  second  quarter  of  2022  (end  of  the 
review  investigation  period)  due  to  severe  increases  in  energy  costs  and  high  inflation,  which  meant  the 
favourable situation of the Union industry was unlikely to continue. Because HRF is a highly price-sensitive 
commodity and competition is mainly based on price, large volumes of dumped imports would drive Union 
prices down, leading to injury. 

The Commission then analysed the likelihood of recurrence of injury if measures were allowed to lapse. It 
considered the level of production capacity and spare capacity in the countries concerned, the attractiveness 
of the Union market, and the likely price levels of imports into the Union from the countries concerned and 
their impact on the Union industry.  

The  period  considered  in  this  investigation  was  somewhat  exceptional.  During  the  review  investigation 
period,  the  Commission  found  that  the  Union  industry,  despite  having  recovered  from  a  turbulent  and 
economically difficult period, including the COVID-19 pandemic, with accumulated losses, it was still in a 
fragile situation. Thus, the Commission concluded that it was highly likely that the continuation of dumped 
imports  from  Brazil  and  Russia  and  recurrence  of  dumping  from  Iran  in  significant  volumes  and  prices 
below  the  Union  industry  prices  would  have  a  significant  adverse  effect  on  the  Union  industry’s 
performance, notably regarding production, sales volumes and prices, profitability and investment and result 
in material injury recurring. 

Union interest and measures 

The Commission analysed whether it was in the Union interest to adopt anti-dumping measures, analysing 
the  various  interests  involved,  including  those  of  the  Union  industry  and  users.  After  balancing  those 
interests,  the  Commission  concluded  that  there  were  no  compelling  reasons  of  Union  interest  against  the 
continuation of the existing measures on imports of HRF from Russia, Iran and Brazil. 

On  13  December  2023, the  Commission  extended  the  measures  in  place  on imports  of  HRF  from  Russia, 
Iran and Brazil for another five-year period. 

3.2.1.4.  Expiry reviews concluded by termination 

In 2023, the Commission concluded one expiry review by terminating the measures in force. 

Product 
Hot-rolled flat products (of 
iron, non-alloy or other 
alloy steel) (certain) 

Origin 
Ukraine 

Reason for termination 

Withdrawal of complaint 

Hot-rolled flat products of iron, non-alloy or other alloy steel (HRF) from Ukraine 

On 5 October 2022, the Commission initiated an expiry review on imports of certain hot-rolled flat products 
of  iron,  non-alloy  or  other  alloy  steel  from  Russia,  Iran  and  Brazil,  following  a  request  lodged  by  the 
European Steel Association (EUROFER) on behalf of the Union industry. 

40 

 
 
 
 
 
 
The  product  under  review  was  certain  flat-rolled  products  of  iron,  non-alloy  steel  or  other  alloy  steel, 
whether or not in coils (including ‘cut-to-length’ and ‘narrow strip’ products), not further worked than hot-
rolled, not clad, plated or coated. 

The  investigation  of  dumping  and injury  covered  the  period  from  1  July  2021  to  30  June  2022,  while  the 
examination of trends relevant for the assessment of injury covered the period from 1 January 2019 to the 
end of the investigation period. 

Withdrawal of complaint.  

On  23  November  2022,  the  applicant  withdrew  its  request  for  the  expiry  review  as  far  as  Ukraine  was 
concerned.  In  its  withdrawal,  Eurofer  considered  that  circumstances  regarding  Ukraine  had  changed  since 
lodging the expiry review request, to the extent that it was no longer appropriate to pursue an expiry review 
against HRF imports from Ukraine. Eurofer referred to the destruction of a major part of HRF capacities in 
the country as well as the Ukrainian energy infrastructure. In addition, Eurofer noted that military conflict, or 
at least the consequences of the conflict as regards Ukraine, would be of a lasting nature with steel capacities 
not expected to return to normal operations in the short to medium term and, as a result, it was unlikely that 
Ukrainian HRF exports would be able to contribute to a recurrence of injury to the Union industry any time 
soon.  

The  Commission  found  that  there  were  no  reasons  to  indicate  that  termination  of  the  review  investigation 
would not be in the Union interest and hence terminated the review investigation in February 2023.   

Repayment of duties 

As the measures were not prolonged for Ukraine, any duties collected from the date of the initiation of the 
expiry review on HRF were to be repaid if requested from national customs authorities and granted by those 
authorities in line with the relevant Union customs legislation concerning repayment and remission of duty.  
However,  no  duty  was  due  to  be  reimbursed  because,  prior  to  the  date  of  initiation  of  the  expiry  review 
investigation, the European Union had already suspended the collection of anti-dumping duties on Ukrainian 
imports, including on HRF22.  

3.2.2. 

Interim reviews 

Article 11(3) and Article 19 of the basic Regulations provide for the review of measures during their period 
of validity on the initiative of the Commission, at the request of a Member State or, provided that at least one 
year  has  lapsed  since  the  imposition  of  the  definitive  measure,  following  a  request  containing  sufficient 
evidence  by  an  exporter,  an  importer  or  by  the  EU  producers.  In  carrying  out  the  investigations,  the 
Commission  examines,  inter  alia,  whether  the  circumstances  regarding  dumping/subsidisation  and  injury 
have  changed  significantly  and  whether  these  changes  are  of  a  lasting  nature.  Reviews  can  be  limited  to 
dumping/subsidisation or injury aspects. 

During 2023, the Commission initiated  4 interim reviews (included 1 anti-subsidy measure).  There were 5 
interim reviews concluded in the year with an amendment of the duty.  More information can be obtained 
from the Official Journal publications to which reference is given in Annex G. 

3.2.2.1 Details of individual cases concluded with amendment of duty.  

Tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron) originating in India 
– Partial Interim Review  

On  22  September  2022,  the  Commission  initiated  a  partial  interim  review  of  the  anti-dumping  measures 
applicable  to  imports  of  tubes  and  pipes  of  ductile  cast  iron  (also  known  as  spheroidal  graphite  cast  iron) 
originating in India, following a request lodged by Electrosteel Castings Ltd (ECL). 

22 Regulation (EU) 2022/870 of the European Parliament and of the Council of 30 May 2022 on temporary trade-
liberalisation measures supplementing trade concessions applicable to Ukrainian products under the Association 
Agreement between the European Union and the European Atomic Energy Community and their Member States, of the 
one part, and Ukraine, of the other part (OJ L 152, 3.6.2022, p. 103). 

41 

 
 
 
 
 
 
 
 
The product subject to the review is tubes and pipes of ductile cast iron (also known as spheroidal graphite 
cast iron), with the exclusion of tubes and pipes of ductile cast iron without internal and external coating. 

The initiation was based on sufficient evidence provided by the applicant that, the circumstances on the basis 
of  which the existing measures  were  imposed  changed  and that these  changes  were  of  a  lasting  nature.  In 
October  2020,  the  Board  of  Directors  of  the  applicant  and  of  its  related  company,  Srikalahasthi  Pipes 
Limited  (SPL)  decided  that  the  two  companies  would  merge.  The  legal  documentation  of  the  merger 
indicated that it would impact the cost structure of the applicant. 

The investigation covered the period from 1 April 2021 to 31 March 2022. 

Withdrawal of the request  

In August 2023, ECL informed the Commission that it wished to withdraw its request for the partial interim 
review. However, the Commission decided it was not in the Union interest to terminate the investigation.  

The Commission observed that the merger constituted a change of circumstances of a lasting nature that, in 
line with Article 11(3) of the basic anti-dumping Regulation, required a recalculation of the dumping margin 
as established in the original investigation.  

Significant and lasting change of circumstances 

The investigation confirmed that on 31 December 2021, SPL officially merged with ECL.  

Use of facts available 

During  the  investigation,  the  Commission  concluded  that  ECL  misreported  in  its  accounting  system  the 
weight, or the length of the product concerned with the effect of reducing its dumping margin. By doing so, 
the Commission considered that ECL provided false or misleading information within the meaning of Article 
18(1) of the basic anti-dumping Regulation, thereby significantly impeding the investigation. 

Therefore,  for  the  export  price,  the  Commission  used  the  prices  of  sales  of  ECL  reported  in  the  database 
established in accordance with Article 14(6) of the basic Regulation. The Commission then brought the price 
to an ex-works level and adjusted for the fact that the prices were mostly between related parties. 

For the normal value, the Commission used data provided by the Union industry in the expiry review request 
based  on  prices  offered,  agreed  and  paid  for  multiple  quantities,  diameters  and  types  of  the  product 
concerned in several different States and municipalities. Since the normal value was based on 2020 data, the 
Commission adjusted the normal value for inflation between the expiry review and the partial interim review 
investigation period. 

On 23 November 2023, the Commission amended the anti-dumping duty applicable to ECL. Consistent with 
the  approach  adopted  in  the  original  investigation,  the  Commission  reduced  the  dumping  margin  by  the 
subsidy  amounts  found  in  relation  to  the  export  contingent  schemes  in  the  separate  anti-subsidy 
investigation. The definitive anti-dumping duty applicable to ECL was 7%. 

3.2.3. 

New exporter reviews 

As  far  as  anti-dumping  measures  are  concerned,  Article  11(4)  of  the  basic  AD  Regulation  allows  for  a 
"newcomer" review to be carried out in order to determine individual margins of dumping for new exporters 
located in the exporting country in question, which did not export the product during the IP.  

Parties must show that they are genuine new exporters, i.e., that they are not related to any of the exporters or 
producers  in  the  exporting  country,  which  are  subject  to  the  anti-dumping  measures,  and  that  they  have 
actually started to export to the EU following the IP, or that they have entered into an irrevocable contractual 
obligation to export a significant quantity to the EU. 

When a review for a new exporter is initiated, the duties are repealed for that exporter. However, its imports 
become  subject  to  registration  under  Article  14(5)  of  the  basic  AD  Regulation  to  ensure  that,  should  the 
42 

 
 
 
 
 
 
 
review  result  in  a  determination  of  dumping  for  that  exporter,  anti-dumping  duties  may  be  levied 
retroactively to the date of the initiation of the review. 

As  far  as  anti-subsidy  measures  are  concerned,  Article  20  of  the  basic  AS  Regulation allows for  a review 
(accelerated  review)  to  be  carried  out  to  promptly  establish  an  individual  countervailing  duty  rate.  Any 
exporter  whose  exports  are  subject  to  a  definitive  countervailing  duty  but  who  was  not  individually 
investigated  during  the  original  investigation  for  reasons  other  than  a  refusal  to  co-operate  with  the 
Commission can request such review. 

In 2023, the Commission initiated 3 newcomer reviews (Annex I).  In 2023, 3 such reviews were completed.  

3.2.4. 

Anti-absorption investigations 

Where  there  is  sufficient  information  showing  that,  after  the  original  IP  and  prior  to  or  following  the 
imposition of measures, export prices have decreased or that there has been no or insufficient movement in 
the resale prices or subsequent selling prices of the imported product in the EU, an absorption review may be 
opened.  This examines whether the measure had an effect on the export prices. The duty may be increased 
to  take  account  of  such  lower  export  prices.  The  provisions  regarding  absorption  reviews  are  included  in 
Articles 12 and 19(3) of the basic AD and AS Regulations respectively. 

In 2023, there was no anti-absorption investigation initiated while one such investigation was completed with 
an increase in the level of the measures - (Annex J). 

Optical fibre cables originating in the People’s Republic of China 

On 8 December 2022, the Commission opened an anti-absorption investigation regarding imports of optical 
fibre cables originating in China. This followed a complaint by the Union industry alleging that the Chinese 
import prices into the Union had decreased significantly and therefore that the anti-dumping duties imposed 
in 2021, were being absorbed and were not providing effective protection for the EU industry. 

The product under investigation was the same as in the original investigation, namely single mode optical 
fibre cables, made up of one or more individually sheathed fibres, with protective casing, whether containing 
electric conductors, originating in China. The following products were excluded: 

i. 

ii. 

cables in which all the optical fibres are individually fitted with operational connectors at one or 
both extremities; and 
cables  for  submarine  use.  Cables  for  submarine  use  are  plastic  insulated  optical  fibre  cables, 
containing a copper or aluminium conductor, in which fibres are contained in metal module(s). 

The optical fibre cables are used as an optical transmission medium in telecommunication networks in long 
haul, metro, and access networks. 

The product under investigation was also subject to a definitive countervailing duty ranging from 5,1% to 
10,3%,  imposed  by  the  Commission  Implementing  Regulation  (EU) 2022/72,  as  corrected  by  the 
Commission Implementing Regulation (EU) 2022/469. However, the countervailing duty was not subject to 
the reinvestigation.  

The  absorption investigation  period  (‘AIP’)  was from  1 October  2021  to  30 September 2022.  The  original 
investigation period (‘OIP’) was from 1 July 2019 to 30 June 2020. 

An  absorption  reinvestigation  pursuant  to  Article 12  of  the  basic  Regulation  aims  at  establishing  whether 
export  prices  have  decreased  or  whether there  has  been  no  movement,  or insufficient  movement, in resale 
prices  or  subsequent  selling  prices  in  the  Union  of  the  product  under  investigation  after  the  OIP.  If  it  is 
concluded  that  the  measure  should  have  led  to  movements  in  such  prices,  then,  to  remove  the  injury 
previously established in accordance with Article 3 of the basic Regulation, export prices shall be reassessed 
in  accordance  with  Article 2  of  the  basic  Regulation  and  dumping  margins  shall  be  recalculated  to  take 
account of the reassessed export prices. 

Change of export prices 

43 

 
 
 
 
 
 
 
 
 
To determine whether export prices decreased, the Commission first established for each sampled exporting 
producer its cost, insurance, and freight (‘CIF’) export prices at the Union  customs border during the AIP 
and  compared  these  prices  to  the  corresponding  CIF  export  prices  determined  during  the  original 
investigation for the OIP. 

The Commission then compared, for each sampled exporting producer, the prices of the product types sold in 
the  AIP  with  the  prices  of  the  same  product  types  sold  in  the  OIP  and  calculated  for  them  the  weighted 
average price difference. Not all product types sold in the AIP were also sold in the OIP. To ensure sufficient 
comparability level, the Commission compared the prices of the most sold ‘unmatched’ product types in the 
AIP with the prices of the most closely resembling product types sold in the OIP, where available. 

The  above  comparison  made  for  the  two  sampled  groups  of  exporting  producers  resulted  in  the  weighted 
average export price decrease of 50,5% for FTT Group and the weighted average export price decrease of 
13,2% for the ZTT Group. 

Since  there  was  a  fall  in  export  prices  the  Commission  recalculated  dumping  margins  of  the  sampled 
exporting  producers,  in  accordance  with  Article 2  of  the  basic  Regulation.  The  dumping  margins  of  the 
sampled groups of exporting producers calculated for the AIP increased compared to the ones established in 
the OIP. As a result, on 9 August 2023, the European Commission imposed a revised anti-dumping duties on 
optical fibre cables ranging from 39,4% to 88%, which is twice the original duties and the maximum increase 
allowed.  

3.2.5. 

Anti-circumvention investigations 

The  possibility  of  investigations  being  opened  in  circumstances  where  evidence  is  brought  to  show  that 
measures  are  being  circumvented  is  covered  in  Articles  13  and  23  of  the  basic  AD  and  AS  Regulations 
respectively. 

Circumvention is defined as a change in the pattern of trade between third countries and the EU that stems 
from a practice, process or work for which there is insufficient cause or economic justification other than the 
imposition of the duty. The duties may be extended to imports from third countries of like products, or parts 
thereof, if circumvention is taking place. Duties may also be extended to imports of a slightly modified like 
product from the country subject to the measures. 

In 2023, the Commission initiated 10 anti-circumvention investigations (counted on the basis of the number 
of countries where circumvention is allegedly taking place). These concerned 3 anti-dumping measures and 1 
anti-subsidy  measure.  Two  anti-circumvention investigations  were  concluded  with  an  extension  of  duty  to 
other exporting countries.  

More  information  can  be  obtained  from  the  Official  Journal  publications  to  which  reference  is  given  in 
Annex K. 

3.2.5.1 Details of some individual cases concluded by extension of duty. 

Certain hot-rolled stainless-steel sheets and coils from Indonesia – measures extended to Türkiye   

In  October  2020,  the  Commission  imposed  a  definitive  anti-dumping  duty  and  a  definitive  countervailing 
duty  on  imports  of  certain  hot-rolled  stainless-steel  sheets  and  coils  (‘SSHR’)  originating  in  Indonesia.  In 
July 2022, the Commission initiated an investigation following a complaint by the Union industry that the 
measures  on  imports  of  SSHR  were  being  circumvented  through  minor  processing  operations  in  Türkiye. 
The set up in which the main exporting Turkish producer (which accounted for more than 90% of all Turkish 
exports of SSHR to the EU) was involved consisted of the following: A Union producer of downstream steel 
products purchased stainless-steel slabs from Indonesia, the main input material to produce SSHR, shipped 
those  to  Türkiye  in  order  to  be  further  processed  (hot  rolled)  there  under  a  tolling  agreement,  to  be  later 
imported into the Union as the final product, SSHR. Indonesian companies are subject to an anti-dumping 
duty of 17,3%.  

44 

 
 
 
 
 
 
 
 
 
 
Change in the pattern of trade  

The total volume of imports of SSHR from Türkiye increased from 1 611 tonnes in 2018 to 50 015 tonnes in 
the investigation period (1 July 2021 to 30 June 2022). In the same period, imports from Indonesia increased 
from 44 647 tonnes in 2018 to 128 191 tonnes in the investigation period. 

Specifically, during the period in which the original investigation took place, (the investigation was opened 
in  August  2019  and  definitive measures  were imposed  in  October  2020), imports  from  Türkiye  to  the  EU 
multiplied  more  than  ten-fold,  from  2  137  tonnes  in  2019  to  21  500  tonnes  in  2020.  In  the  same  period, 
imports from Indonesia collapsed to less than one twentieth, dropping from 81 041 tonnes in 2019 to 3 595 
tonnes in 2020.  

In parallel with the increase in imports of SSHR from Türkiye to the Union, there was a significant increase 
in  Turkish  imports  of  the main  input  material (stainless-steel  slabs)  following the  initiation  of  the  original 
investigation against Indonesia and the imposition of the measures. Furthermore, the imports from Indonesia 
represented almost the totality of the total imports of stainless-steel slabs to Türkiye per year since 2019 to 
the investigation period. 

The increase of exports of SSHR from Türkiye to the Union, together with the increase in Indonesian exports 
of stainless-steel slabs to Türkiye over the same period, constituted a change in the pattern of trade between 
Indonesia, Türkiye and the Union within the meaning of Article 13(1) of the basic anti-dumping Regulation.  

Practice to avoid the duties  

The agreement between the Turkish producer and the EU producer of downstream products was concluded 
prior to the initiation of the original investigation and concerned limited volumes. However, the operations 
substantially  increased  during  the  investigation  and  after  the  imposition  of  measures  against  imports  of 
SSHR against Indonesia. Almost 100% of the input material (stainless-steel slabs) used was of Indonesian 
origin, and almost 100% of the total imports of stainless-steel slabs were shipped to this Turkish producer. 
Furthermore, the value added to the slabs by the Turkish producer was found to be lower than 5%.  

Even though there might have been reasons to set up this scheme  other than the measures in place, i.e., to 
ensure  security  of  supply,  the  change  in  the  pattern  of  trade  was  linked  to  the  imposition  of  the  duties, 
because  the  scheme,  though  agreed  prior  to  initiation  of  the  original  investigation,  only  materialized,  in 
significant  volumes,  after  the  start  of  the  original  investigation.  Therefore,  there  was  no  due  cause  or 
economic justification other than the imposition of the duty. 

Undermining the remedial effect of the measures and evidence of dumping  

The quantities of SSHR that were exported to the Union increased significantly in absolute volumes during 
the investigation period and represented around 3,5% of the free sales consumption in the EU. In addition, as 
the investigation  revealed  that the  Turkish  producer  had  huge  spare  capacity,  it was  considered  likely that 
volumes  could  substantially  increase,  if  measures  were  not  extended  to  Türkiye.  Also,  in  terms  of  prices, 
these  imports  undermined  the  remedial  effect  of  the  measures;  the  imports  of  SSHR  from  Türkiye  were 
found to undersell the prices of the EU producers by 16%. Finally, it was found that the imports of SSHR 
from Türkiye entered the Union market at dumped prices. 

Extension of the measures  

As the investigation established that circumvention of the anti-dumping measures imposed against imports of 
SSHR from Indonesia took place through completion operations in Türkiye, the Commission extended these 
measures to imports of SSHR from Türkiye. The level of the extended duty was 17,3%.  

Stainless steel butt-welding fittings from China – measures extended to Malaysia 

Anti-dumping  measures  were  imposed  on  imports  of  certain  stainless-steel  tube  and  pipe  butt-welding 
fittings,  whether  or  not  finished  (‘SSTPF’),  originating  in  the  People's  Republic  of  China  (‘China’)  and 

45 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
Taiwan in January 2017. After an expiry review investigation initiated in January 2022, the measures were 
extended for another five years in August 2023. 

In June 2022, the Commission initiated an investigation following a complaint by the Union industry that the 
measures  on  imports  of  SSTPF  from  the  PRC  were  being  circumvented  through  the  consignment  of  the 
goods via Malaysia.  

Four  companies  in  Malaysia  came  forward  and  requested  an  exemption  from  the  duties  being  potentially 
extended to SSTPF consigned from Malaysia. Their exports represented the entirety of the Union’s imports 
of Malaysian SSTPF. 

Change in the pattern of trade 

The total volume of imports of SSTPF from China to the Union decreased from 3018 tonnes in 2014 to 719 
tonnes in 2021. At the same time, imports from Malaysia to the Union rose from 297 tonnes in 2014 to 1626 
tonnes in 2021. The volumes of SSTPF exported to the Union by the cooperating companies increased also . 
In  fact,  two  of  them  were  only  established  after  the  measures  on  imports  from  China  were  put  in  place. 
SSTPF are produced from welded or seamless tubes and pipes. The cooperating companies increased their 
imports of those inputs from China tenfold, from 200-300 tonnes in 2014 to 2400-2500 tonnes in 2021.  

The decrease of Chinese exports of SSTPF to the Union together with the increase of Malaysian exports of 
SSTPF to the Union and the increase of Malaysian imports of inputs from China constituted a change in the 
pattern of trade within the meaning of Article 13(1) of the basic anti-dumping Regulation. 

Practice to avoid the duties 

The Commission did not find any evidence of transhipment by the cooperating companies. The companies, 
however, imported inputs (welded or seamless tubes and pipes) from China, thus potentially circumventing 
the duties via assembly/completion operations.  

Two cooperating companies were already identified in the complaint  as genuine producers. Although their 
exports to the Union increased after the imposition of measures on imports from China, their production was 
found to be genuine. They imported small quantities of seamless pipes from China to manufacture SSTPF for 
export to the Union. Those imported inputs represented a minor share on the companies’ cost of production. 

The two other companies were, however, only established after the imposition of measures on SSTPF from 
China. They imported almost all their inputs from China and substantially increased their operations raising 
their share of Malaysian exports of SSTPF to the Union from 8% in 2018 to 47% in 2021. The Commission 
found  that in  both  cases,  the  main  economic justification for the  companies’  establishment  and  operations 
was to avoid duties imposed on Chinese SSTPF. In addition, in both cases, the imported inputs represented 
more  than  60%  of  the  cost  of  production  and  the  value  added  by  the  companies  was  lower  than  25%.  
Consequently,  these  two  companies  were  found  to  be  circumventing  the  duties  on  Chinese  SSTPF  via 
assembly/completion operations. 

Undermining the remedial effect of the measures and evidence of dumping 

The imports of SSTPF manufactured by the circumventing companies entered the Union market at dumped 
prices.  Their  volumes  increased substantially  during the  investigation  period  and,  in  2021,  held  6% of the 
Union market.  The import  prices of  SSTPF produced  by  the  circumventing  companies  undersold the non-
injurious Union price by more than 50%. Consequently, the Commission found that the measures imposed 
on SSTPF imports from China were undermined in terms of the volumes and prices of SSTPF imported from 
the two circumventing Malaysian producers. 

Extension of the measures 

Based on the above findings, it was established that circumvention of the anti-dumping measures imposed on 
SSTPF from China took place through assembly/completion operations in Malaysia except for two genuine 

46 

 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
producers.  Therefore,  in  March  2023  the  anti-dumping  measures  on  imports  of  SSTPF  from  China  were 
extended to Malaysia. The duty rate of the extended measures to imports from Malaysia is 64.9%. Imports of 
SSTPF produced by the two genuine producers were exempted from the extended duties.  

3.2.6. 

“Other” reviews (reinvestigations, or re-openings) 

These investigations focus on the implementation of court rulings. In 2023, the Commission initiated no such 
reviews but concluded seven of them – five by amending the measures and two by terminating the measures. 
A  list  of  the  cases  concerned  is  given  in  Annex  H.  More  information  can  be  obtained  from  the  Official 
Journal publications to which reference is given in that Annex. 

3.2.6.1 Details of some ‘Other’ review cases concluded.  

E-bikes from China– AD and AS – implementation of court case (T-242/19 and T-243/19) 

On  6  July  2022,  the  Commission  published  a  notice  in  the  Official  Journal  reopening  the  original 
investigation in so far as it concerned Giant. The scope of the reopening was limited to the illegalities found 
by the Court in T-242/19 and T-243/19, that is, the Commission’s failure to make a fair comparison in the 
price  undercutting  analysis  at  the  same  level  of  trade.  This  error  also  tainted  the  causation  analysis  and 
potentially the injury margin as regards the applicant. On the same date, the Commission made imports of 
electric bicycles manufactured by Giant in China subject to registration. It also instructed national customs 
authorities to wait until the outcome of the re-examination before deciding on any claims for reimbursement 
of the annulled duties. 

Re-examination 

To ensure a fair comparison between Giant’s prices and the prices of the Union producers, the Commission 
recalculated  its  undercutting  margin  by  adjusting  the  weighted  average  sales  prices  of  the  sampled  Union 
producers in two ways. Firstly, where sales were made by the sampled Union producers via related traders, a 
deduction  was  made  from the sales  price  to  independent customers (of  all types)  to  account for  the  actual 
SG&A expenses of the trader concerned and profits of 9%. For one Union producer, a particular arrangement 
like tolling was identified. In this case, where the costs of the related trader concerned production activities, 
those  costs  were  not  deducted.  Secondly,  where  it  was  necessary  to  compare  prices  at  an  OEM  level,  a 
further deduction of 2,3% was made to the relevant Union industry prices to account for design, marketing 
and research and development (R&D) costs. No further adjustment was deemed necessary for the level of 
trade,  in  the  sense  of  type  of  customer,  because  the  investigation  found  that  there  was  no  consistent  and 
distinct price difference between sales to traders and retailers in the Union. The revised undercutting margin 
for  Giant  was  established  at  11.5%.  Consequently,  the  aggregated  price  undercutting  for  all  sampled 
exporting producers was revised to 17%. 

The  Commission  then  re-examined  its  findings  on  injury  to  the  Union  industry.  Although  the  levels  of 
undercutting  decreased,  the  Commission  found  that  there  was  still  significant  price  undercutting  by  the 
dumped imports from the PRC. Considering the (revised) significant undercutting margin, and the negative 
developments  of  nearly  all  injury  indicators  (findings  which  were  still  valid  after  the  judgment),  the 
Commission concluded that the Union industry suffered material injury within the meaning of Article 3(5) of 
the basic anti-dumping Regulation. 

Notwithstanding the reduction in the undercutting margin for all sampled Chinese exporters, this did not alter 
the  fact  that  imports  from  the  sampled  Chinese  exporters  undercut  the  Union  industry’s  sales  prices  to  a 
significant  extent.  Thus,  the  Commission  concluded  that  the  revised  undercutting  margin  did  not  alter  the 
original finding made by the Commission about the existence of a causal link between the injury suffered by 
the Union producers and the dumped imports from China. 

The Commission then recalculated the injury elimination level. To ensure a fair comparison between Giant’s 
prices and the prices of the Union producers, the Commission adjusted the weighted average target prices of 
the sampled Union producers. Where sales were made by the sampled Union producers via related traders, a 
deduction was made from the price to independent customers to account for the actual SG&A expenses of 
the traders and profits of 9%. The SG&A amount varied according to the trader concerned. Where the costs 

47 

 
 
 
 
 
 
 
of the related trader concerned did not relate to the marketing of products, but to production activities (such 
as production planning and sourcing of raw materials), these costs were not deducted because they did not 
relate to the normal functions of a related trader marketing the products in the Union market. The profit level 
used  in  this  calculation  was  the  profit  level  established  in  the  original  investigation  for  the  cooperating 
unrelated importers. The revised injury margin for Giant was established at 13,8%. 

Given that anti-subsidy measures were in place in addition to the anti-dumping measure, in accordance with 
the lesser duty rule applicable to countervailing measures  at the time of the original case, the anti-subsidy 
rate had to be deducted from the new injury margin to avoid exceeding the injury margin. 

The  revised  anti-dumping  duty  was  finally  established  at  9,9%.  Both  anti-dumping  and  countervailing 
measures  were  re-imposed  and  applied  without  any  temporal  interruption  since  the  entry  into  force  of  the 
(original) regulations. 

Certain lightweight thermal paper from Republic of Korea  

On  30  June  2022,  the  Commission  published  a  notice  in  the  Official  Journal  reopening  the  original 
investigation in so far as it concerned Hansol in Case T-383/17. The re-opening was limited in scope to the 
implementation of the judgment of the Court with regard to Hansol. On the same date, the Commission made 
imports of certain lightweight thermal paper originating in the Republic of Korea and produced by Hansol 
subject to registration.   It also instructed national customs authorities to wait until the outcome of the re-
examination before deciding on any claims for reimbursement of the annulled duties.  

Re-examination – normal value 

For two product types exported to the Union by Artone, the Commission had, in its calculating of dumping, 
constructed  normal  value  in  the  absence  of  representative  domestic  sales  of  that  party.  One  of  the  two 
product types referred to were sold on the domestic market in representative quantities and in the ordinary 
course of trade by the related company Hansol Paper.  Given the Court’s finding, the Commission revised 
the calculation of the normal value for that product type by replacing Artone’s constructed normal value by 
the normal value of Hansol Paper as regards that product type. The other product type exported by Artone, 
for which normal value was constructed, did not have representative domestic sales by Hansol Paper either. 
Consequently, and in line with Article 2(3) of the basic Regulation, the normal value of that product type had 
also been constructed for Hansol Paper. In the absence of representative sales prices in the ordinary course of 
trade of other sellers or producers in the exporting country, the construction of Artone’s normal value for this 
product type was therefore maintained.  

Re-examination – weighting 

In  the  original  investigation  leading  to  the  Regulation  at  issue,  three  converters  located  in  the  Union  and 
related to the Hansol Group, i.e., Schades Nordic, Heipa and R+S, had requested an exemption to complete 
the  questionnaire  for  companies  related  to  the  exporting  producer  on  the  basis  of  the  absence  or  limited 
volume of sales of the product concerned by these parties. These parties converted the product concerned for 
resale, in small rolls, to independent customers. The Commission accepted the exemption request.  

As per Article 2(11) of the basic Regulation, the Commission is obliged to take into account all of the export 
transactions to the Union when calculating the dumping margin. To include in its calculation of dumping the 
significant  volume  of sales  by  the  Hansol  Group  to  the  related  converters  which  had  been  exempted from 
completing a questionnaire, the Commission had applied a weighting of the dumping margins calculated on 
the basis of the verified questionnaire replies of Hansol Paper, Artone, Hansol Europe and Schades UK Ltd. 
For  that  purpose,  the  Commission  attributed  a  weight  of  between  15%  and  25%  to  the  dumping  margin 
established  for  direct  sales  and  sales  of  the  product  concerned  through related  companies  and  a  weight  of 
between 75% and 85% to the dumping margin established for sales to related converters for resale as small 
rolls to unrelated parties. 

The General Court and the Court of Justice found that the weighting used was wrong as a certain volume of 
product concerned resold by Schades Nordic had been neglected. The volume of direct and indirect sales of 
the product concerned had thus been understated in the calculation of the weighting and the full extent of the 
dumping had consequently not been reflected in the calculations. Therefore, the Commission reviewed the 

48 

 
 
 
weighting calculation by adding to the volume of direct and indirect sales of the product concerned used for 
that computation, the volume of Hansol jumbo rolls resales through Schades Nordic as reported by Hansol 
during the investigation.  

Revised measures  

Based  on  the  revised  normal  value  and  weighting,  the  Commission  recalculated  the  dumping  margin  for 
Hansol, which was lowered from 10,3% to 10,2%.  

Regarding the undercutting calculation, the Commission implemented the Court’s judgment by applying the 
revised  weighting  rates,  also  to  the  undercutting  margins  for  the  direct  and  indirect  sales  of  the  product 
concerned, on the one hand, and for sales to related converters for resale as small rolls to unrelated parties, 
on  the  other.  This  resulted  in  a  weighted  average  undercutting margin  of  9,3%.  In  view  of  the  immaterial 
difference between the original undercutting margin of 9.4% margin and the revised undercutting margin, the 
Commission concluded that the change did not warrant the reassessment of the injury or causation analysis.  

The error identified by the General Court and upheld by the Court of Justice on the weighting of sales also 
affected  the  calculation  of  the  injury  margin.  The  Commission  implemented  the  Courts’  judgments  by 
applying the revised weighting rates, also to the injury margins.  This resulted in an injury margin for Hansol 
of 36,9%, whereas the injury margin established during the investigation leading to the regulation at issue 
was 37%. 

Given  that  the  re-established  dumping  margin  was  lower  than  the  injury  margin,  in  accordance  with  the 
applicable rules, the anti-dumping  duty rate  was set at  the level  of  dumping  i.e.,  10,2%.  The revised  anti-
dumping duty was applied in March 2023 without any temporal interruption since the entry into force of the 
original Regulation i.e., from 4 May 2017 onwards. 

Tyres for buses or lorries from China – Anti-dumping and Anti-subsidy 

In July 2022, the Commission published a notice in the Official Journal partially reopening both the original 
anti-dumping and anti-subsidy investigations in so far as they concerned the applicants. The re-opening was 
limited in scope to the implementation of the judgment of the General Court with regard to the companies 
represented  by  China  Rubber  Industry  Association  (CRIA)  and  China  Chamber  of  Commerce  of  Metals, 
Minerals  &  Chemicals  Importers  &  Exporter  (CCCMC)  in  T-30/19  and  T-72/19.  On  the  same  date,  the 
Commission  made  imports  of  tyres  from  the  companies  concerned  subject  to  registration  and  instructed 
national customs authorities to wait until the outcome of the re-examination before deciding on any claims 
for reimbursement of the annulled duties.  

The  investigation  period  covered  1  July  2016  to  30  June  2017  and  the  examination  of  trends  for  the 
assessment of injury covered 1 January 2014 to the end of the investigation period.  

Re-examination of price effects 

The  Court  had  found  that  the  Commission  failed  to  make  a  fair  comparison  when  calculating  the  price 
undercutting margins because it adjusted the export price of the exporting producers by applying Article 2(9) 
of the basic anti-dumping Regulation by analogy while the Union industry also made sales via related selling 
entities and their sales were not adjusted. 

In the original investigation, the Commission had determined price undercutting by comparing the weighted 
average  sales  prices  per  product  type  and  segment  of  the  sampled  Union  producers  charged  to  unrelated 
customers on the Union market, adjusted to an ex-works level to the corresponding weighted average prices 
from  the  sampled  Chinese  exporting  producers  to  the  first  independent  customer  on  the  Union  market, 
established on a CIF basis, with appropriate adjustments for customs duties and post-importation costs. To 
comply  with  the  Court’s  judgment,  where  sales  were  made  via  related  traders,  the  export  prices  were  no 
longer  adjusted  in  accordance  with  Article  2(9)  of  the  basic  anti-dumping  Regulation  by  analogy.  The 
selling,  general  and  administrative  (‘SG&A’)  expenses  of  the  related  trader  and  the  profit  of  a  sample  of 
unrelated importers were thus added back to the export price.   

49 

 
 
 
 
 
The revised undercutting weighted average margin based on the imports of the sampled exporting producers 
thus established was 14,7%.  The Commission examined if the revised undercutting margins would still have 
negative  price  effects  on  union  sales.  The  Commission  found  that  imports  from  China  exercised  price 
suppression due to their increased volumes and decreased prices during the period considered. This did not 
allow  the  Union  industry  to  increase  prices  to  reflect  the  increase  of  the  unit  cost  of  production.  The 
Commission concluded that, even if the existence of undercutting were to be contested, there would be price 
suppression exercised by the subject imports in this case.  

Re-examination of causation 

The Commission examined whether there would still be a causal link between the subsidised imports and the 
injury  suffered  by  the  Union  producers,  in  view  of  the  revised  undercutting  margins  for  imports  from  the 
sampled Chinese exporting producers and the findings of price suppression. 

The revised undercutting margin did not alter the fact that imports from the sampled Chinese exporters were 
undercutting the Union industry’s sales prices to a significant extent. Therefore, the original finding made by 
the Commission about the existence of the causal link between the injury suffered by the Union producers 
and the dumped and subsidised imports from the China was confirmed.  

Re-examination of injury margins 

The  Commission  recalculated  the  injury  elimination  level  for  all  companies  that  were  subject  to  the  re-
opening  to  address  the  Court’s  finding  regarding  an  error  relating  to  the  level  of  trade  at  which  the  price 
comparison was made. However, in this case the Commission did not have sufficiently detailed and verified 
information concerning the costs of production on a PCN basis, which is necessary for calculating the injury 
margin.  The  non-injurious  price  was  exceptionally  based  on  the  final  sales  price  per  product  type,  sold 
directly or via related selling entities, and charged to unrelated customers on the Union market, adjusted to 
an  ex-works  level,  from  which  the  actual  profit  was deducted  and  a  reasonable  profit  was then  added.  To 
comply with the judgment, it was considered appropriate to compare this price with the final sales price of 
exporting producers symmetrically, i.e., at the level of the related importers, also adjusted only for customs 
duties and post-importation costs but including SG&A and profit of the related importers based in the Union. 

Disclosing data specified by the court 

The General Court found that the Commission breached the applicants’ rights of defence by not disclosing 
certain  data.  In  order  to  implement  the  Court’s  findings,  the  Commission  disclosed  the  additional  data 
pertaining  to:  the  gross  injury  indicators,  before  application  of  the  weighting  adjustments,  and  the  data 
relating  to  SMEs,  on  the  one  hand,  and  large  enterprises,  on  the  other;  injury  indicators  other  than 
profitability  after  revision  of  the  weighting;  certain  information  relating  to  the  sources  of  macroeconomic 
injury data and the list of SMEs of the Union industry which ceased production; the total exact volume of the 
sales of SMEs of the Union industry which cooperated in the investigations and information relating to the 
proportion of SMEs in the Union industry. 

The  revised  anti-dumping  and  countervailing  duties  were  imposed  in  April  2023  without  any  temporal 
interruption since the entry into force of the original Regulation i.e., 13 November 2018 onwards. 

3.3. 

Safeguard investigations 

The Commission applies safeguard measures rarely. They are only used where it is clear that such measures 
are necessary and justified because, due to unforeseen circumstances, there has been a surge in imports and 
this  has  caused  or  threatens  to  cause  serious  damage  to  the  EU  industry.    Unlike anti-dumping and anti-
subsidy measures,  safeguards  do  not  focus  on  whether  trade  is  fair  or  not,  so  the  conditions  for  imposing 
them are more stringent. 

Not  all  safeguard  measures  adopted  by  the  EU  constitute  safeguards  within  the  meaning  of  the  WTO 
Agreement on Safeguards. Some of these measures are called ‘safeguards’ under particular regimes, such as 
bilateral safeguards or the safeguard investigations under the Generalised Scheme of Preferences (GSP). In 
January  2023,  the  Commission  opened  a  review  to  implement  a  General  Court  judgment  relating  to  a 
50 

 
 
 
 
 
 
 
 
 
 
 
bilateral safeguard measure imposed in 2019 on imports of Indica rice from Cambodia and Myanmar, under 
the  Generalised  Scheme  of  Preferences  (GSP)  (measure  had  expired  in  January  2022).  The  review 
investigation continued during 2023 and is expected to be concluded by Spring 2024.   

There were no new erga omnes safeguard investigations initiated in 2023 although there were reviews and 
adjustments made to the steel safeguard measure which the Commission originally introduced in 2019.  

3.3.1.     Details on steel safeguard reviews  

In 2023, the Commission published three implementing regulations concerning the steel safeguard measure. 

First,  on  26  June  2023,  by  Commission  Implementing  Regulation  (EU)  2022/130123,  the  Commission 
concluded an  investigation  that  assessed  whether there  were grounds to  terminate  the  measure  by  30  June 
2023, that is, one year earlier than originally foreseen. 

In  carrying  out this  investigation,  the  Commission sought  views  and  evidence  from interested  parties,  and 
assessed  the  performance  of  the  Union  producers  and  the  impact  on  the  measure  on  EU  users  through 
questionnaire replies. Regarding Union producers, the investigation concluded that the situation of the Union 
industry worsened towards the end of the period considered, due to some factors which took place in 2022, 
together with the remaining import pressure caused notably by the continued application of the US Section 
232 measures and growing global overcapacity in steel production. This led the Union industry to lower its 
prices and reduce its market share. As regards users, the investigation concluded that users did not provide 
any evidence that the volume of Tariff Rate Quotas (‘TRQs') (including the increased volumes due 
to  liberalisation  that  were  added  to  the  TRQs  as  of  1  July  2023)  together  with  the  availability  of 
Union-produced steel would not be adequate to fulfil their, then existing and forecasted, demands. 

Furthermore,  the  Commission  complemented  the  above  analysis  by  carrying  out  a  forward-looking 
assessment. In this regard, the Commission concluded that the Union market continued to be attractive for 
exporting  countries  both in  terms  of  volume  and  prices.  The  Commission  also concluded that  the level  of 
import  penetration  in  the  Union  market  continued  to  be  at  high  levels  and  that  it  even  increased  in  2022 
compared to 2021 despite a reduction in consumption. The Commission also confirmed that the situation in 
2022 regarding global overcapacity in the steel sector continued to follow the same upwards trend, and that 
in  overall  terms,  exporting  countries  had  not  been  able  to  find  other  outlets  to  compensate  for  the  trade 
volumes lost in the US and Union market since 2018. The Commission thus concluded that imports into the 
Union  would  increase  if  the  safeguard  measure  was  terminated  by  30  June  2023.  In  view  of  all  these 
elements, the Commission concluded that the termination of the measure by 30 June 2023 was not justified. 
The Commission also took the opportunity to update the list of developing countries members of the WTO 
subject to and excluded from the measure based on import data of the year 2022. 

On  29  June  2023,  by  Commission  Implementing  Regulation  (EU)  2023/1331,24  the  Commission  amended 
the steel safeguard measure by creating two additional TRQs in product categories 7 (Non-Alloy and Other 
Alloy Quarto Plates) and 17 (Angles, Shapes and Sections of Iron or Non Alloy Steel) to allow transfers into 
Northern  Ireland  of  these  products  originating  in,  and  consigned  directly  from,  other  parts  of  the  United 
Kingdom . In this way, transfers of products falling within these product categories originating in the United 
Kingdom and consigned directly from other parts of the United Kingdom could enter Northern Ireland free-
of-duty until the allocated quota is exhausted. Out of such quota, a 25% safeguard duty would apply. 

23  Commission  Implementing  Regulation  (EU)  2023/1301  of  26  June  2023  amending  Commission  Implementing 
Regulation  (EU)  2019/159  imposing  a  definitive  safeguard  measure  on  imports  of  certain  steel  products  (OJ  L  161, 
27.6.2023, p. 44). 
24  Commission  Implementing Regulation  (EU)  2023/1331  of  29  June  2023  amending  Implementing  Regulation (EU) 
2019/159 imposing a definitive safeguard measure on imports of certain steel products (OJ L 166, 30.6.2023, p.98). 

51 

 
 
 
 
 
 
 
 
 
This  implementing  regulation  was  the  result  of  an  amendment  to  Regulation  (EU)  2020/2170  of  the 
European  Parliament  and  of  the  Council25  on  the  application  of  Union  tariff  rate  quotas  and  other  import 
quotas26.  

Lastly, on 14 December 2023, by Commission Implementing Regulation (EU) 2023/2840,27 the Commission 
amended the steel safeguard measure by creating five additional TRQs for Stainless Hot Rolled Sheets and 
Strips  (category  8),  Stainless  Cold  Rolled  Sheets  and  Strips  (category  9),  Rebars  (category  13),  Large 
Welded Tubes (category 25.A) and Non-Alloy Wire (category 28). This amendment was of the same nature 
and followed the same rationale as the one previously introduced by Commission Implementing Regulation 
(EU) 2023/1331, thus allowing transfers into Northern Ireland of such product categories originating in, and 
consigned directly from, other parts of the United Kingdom. 

3.4.   Verification activities   

Based  on  Articles  16  and  26  of  the  basic  AD  and  AS  Regulations  respectively,  in  the  course  of 
investigations,  the  Commission  normally  carries  out  visits  to  examine  the  records  of  companies  or 
associations with the aim of verifying the information provided during the proceedings.  

In  2023  the  Commission  verified  data  from  136  companies,  78  within  the  EU  and  58  outside.  The 
verification  of  data  from  121  companies  involved  on-spot  verification  visits,  72  within  the  EU  and  49 
outside. The remaining 15 companies’ data was verified through remote cross checking (RCC) which was a 
practice introduced as a result of the travel restrictions related to the COVID-19 outbreak in 2020.  For the 
RCCs, six companies were based in the EU and nine outside.  

4.  ENFORCEMENT OF ANTI-DUMPING/COUNTERVAILING MEASURES  

During 2023, the Commission continued to ensure that measures imposed were effective and not undermined 
by  practices  by  economic  operators  designed  to  evade  duties.  In  this  context,  there  was  continued 
cooperation between the TDI services and enforcement-oriented services (OLAF, DG TAXUD and customs 
authorities in Member States), as well as regular exchanges with the Union industry.  

More information on the Commission’s monitoring and enforcement activities can be found in the main body 
of the Report. 

4.1. 

Follow-up of measures 

The follow-up activities concerning measures in force are centred on four main areas: (1) to pre-empt fraud, 
by  defining  risk-related  areas,  alerting  customs  authorities  and  assessing  the  feedback  from  customs  and 
economic operators; (2) to monitor trade flows and market developments; (3) to improve the effectiveness 
with the appropriate instruments (new investigation, interim review, newcomer review, contact with national 
administrations)  and  (4)  to  react  to  irregular  practices  by  enhancing  the  co-operation  with  enforcement-
related  services  (OLAF  and  national  customs)  and  by  initiating  anti-absorption  or  anti-circumvention 
investigations. 

4.2. 

Monitoring of undertakings  

Monitoring  of  undertakings  forms part of  the  enforcement activities,  given  that undertakings  allow  for the 
suspension of AD or AS measures. The Commission accepts such undertakings if it is satisfied that they can 

25 Regulation (EU) 2020/2170 of the European Parliament and of the Council of 16 December 2020 on the application 
of Union tariff rate quotas and other import quotas (OJ L 432, 21.12.2020, p. 1). 
26  As  a  result  of  the  amendment  to  Regulation  (EU)  2020/2170,  steel  categories  7  and  17  in  the  safeguard  measure, 
listed in Annex 1 to Regulation (EU) 2020/2170, originating in the United Kingdom and brought into Northern Ireland 
by direct transport from other parts of the United Kingdom shall be eligible for treatment pursuant to the relevant Union 
tariff rate quotas if those goods are released for free circulation in the territory of Northern Ireland. 
27  Commission  Implementing Regulation  (EU)  2023/2840  of  14  December 2023  amending  Implementing  Regulation 
(EU) 2019/159 imposing a definitive safeguard measure on imports of certain steel products (OJ L 15.12.2023). 

52 

 
 
 
 
 
 
 
 
 
 
  
 
effectively  eliminate  the  injurious  effects  of  dumping  or  subsidisation  and  regularly  checks  the  exporters' 
compliance with the undertakings. 

During  2023,  10  price  undertakings  in  force  were  scrutinised  which  showed  that  the  exporting  producers 
were complying in full. Any undertakings offered in investigations concluded in 2023 were not accepted as 
the  Commission  considered  they  were  not  enforceable  and  unworkable  and  would  not  therefore  eliminate 
injurious dumping. No offer was rejected on the grounds of inadequate social and environmental standards in 
the exporting country. More information is available in Annexes M and Q. 

4.3.   OLAF activity  

The Commission has developed a range of activities addressing prevention and detection of fraud, and this 
includes close cooperation with the European Anti-Fraud Office (OLAF), through annual meetings, day-to-
day  contacts,  or  exchange  of  case  information,  via  a  special  OLAF  liaison  officer  within  the  Directorate–
General for Trade. 

By  mutual  agreement  between  the  Commission  and  OLAF,  the  Commission  provides  OLAF  with  any 
information  and  evidence  relating  to  possible  cases  of  fraud,  or  any  other  illegal  activity  related  to  TDI. 
Circumvention  of  TDI  measures  can  occur  in  the  form  of  false  declaration  of  product  origin; 
misclassification  under  product  codes  outside  measures;  assembly  operations;  channelling  via  companies 
with no or low duty rates or undervaluation of imported products.  

The  Commission  and  OLAF  react  whenever  they  have  indications  of  any  of  the  above  practices.  These 
manifest themselves through (i) subsequent to the imposition of measures, a significant decrease in imports 
from  the  country  concerned  into  the  EU  which  is  entirely  or  partially  offset  by  an  increase  in  imports  of, 
products from another third country, or products classified under a product code outside measures, or parts of 
the product which are not subject to measures; (ii) subsequent to the imposition of measures, imports from 
the country concerned into the EU are coming from a company with a low or a zero duty at the expense of 
imports from a company with a higher duty; or (iii) where low amount of duties was collected by Member 
States’ customs authorities. 

Whenever the Commission receives information on irregularities occuring from the Union industry, either on 
an  ad-hoc  basis  or  in  the  framework  of  formal  complaints,  it  informs  OLAF.  In  the  same  vein,  the 
Commission  maintains  regular  contacts  on  these  matters  with  Member  States’  customs  authorities,  for 
example,  by  publishing  specialised  risk  warnings  in  the  EU  common  customs  risk  management  system. 
However,  given  that  investigations  by  OLAF  or  Member  States’  law  enforcement  authorities  into  above 
practices are confidential, no further information can be given. OLAF publishes an annual report presenting 
its activities of the previous year, as well as statistics of its investigative performance and examples of cases. 

5. 

REFUNDS   

Articles 11(8) and 21(1) of the basic anti-dumping and anti-subsidy Regulations allow importers to request 
the reimbursement of the relevant collected duties where it is shown that the dumping/subsidy margin, on the 
basis of which duties were paid, has been eliminated or reduced to a level below that of the duty in force. 

49 new refund requests were submitted during 2023. At the end of that year, 10 refund investigations were 
still  on-going,  covering  105  requests.  Moreover,  the  Commission  adopted  3  Implementing  Decisions 
granting  partial  refund  requests  and  2  Implementing  Decisions  rejecting  refund  requests.  More  details  on 
these decisions and on the status of refund investigations can be found here. 

6. 

INFORMATION AND COMMUNICATION ACTIVITIES / BILATERAL CONTACTS 

In  addition  to  the  initiatives  outlined  under  Section  2.2  of  the  Annual  Report  for  SMEs,  the  Commission 
engaged in several reach-out information sessions on trade defence.  

In 2023, the Commission organised a TDI Seminar for the representatives of the Member States in the Trade 
Defence Instruments Committee providing a comprehensive overview of the main challenges and substantial 

53 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
issues of proceedings.   This helps the Committee members in giving opinions on draft implementing acts of 
the trade defence instruments. 

During  2023,  the  Commission  held  meetings  with  business  representative  organisations  such  as  Business 
Europe,  AEGIS  Europe  and  other  sector  specific  representative  organisations  to  exchange  views  on  trade 
defence related matters.  There was also a presentation on trade defence made in the context of Civil Society 
Dialogue. 

To  promote  the  EU's  high  standards  in  TDI  investigations,  the  Commission  services  resumed  the  TDI 
seminar  for  officials  from  third  country  investigating  authorities  after  a  break  of  almost  four  years.  The 
purpose was to engage in in-depth technical exchanges with third country administrations on best practices in 
TDI investigations. A one-week seminar for around 20 participants was held in 2023 and was attended by 
officials  from  Brazil,  Gulf  Cooperation  Council  (GCC),  Ghana,  Türkiye  and  Ukraine.  Moreover,  the 
Commission's TDI experts have engaged in separate discussions with officials from other trading partners. 

Finally in November 2023, the Commission participated in the Trade Remedy Webinar 2023 hosted by the 
Ministry of Economy, Trade and Industry (METI), Japan.  There were participants from other investigating 
authorities including Australia, Brazil, India, Japan, USA, as well as experts from the WTO Secretariat.   

7. 

JUDICIAL REVIEW: DECISIONS GIVEN BY THE COURT OF JUSTICE AND THE GENERAL COURT    

7.1.  

Overview of the judicial reviews in 2023  

In  2023,  the  General  Court  (GC)  and  the  Court  of  Justice  (CJ)  rendered  25  judgments  and  orders  in  TDI 
cases.  The  GC  handed  down  14  rulings  whereas  the  CJ  decided  on  nine  appeals,  one  request  for  a 
preliminary ruling and one appeal concerning an application to intervene.  

7.2.  

Cases pending 

At the end of 2023, 26 cases were pending before the GC and 10 before the CJ. A list of the cases is given in 
Annex S.  

7.3.  

New cases  

In 2023, 18 new court cases were lodged in the field of trade defence. Nine of these were lodged before the 
GC and nine appeals before the CJ. 

7.4.  

Selection of court decisions  

Joined  Cases C-439/20 P  and  C-441/20  P  -  Commission  v  Jiangsu  Seraphim  Solar  System 

On  16 March  2023,  the  Court  of  Justice  set  aside  the  General  Court’s  ruling  of  8  July  2020 in T-  110/17, 
Jiangsu v Commission. The General Court’s ruling partially annulled Regulation 2016/214628 establishing 
that the Commission acted unlawfully when it applied anti-dumping and countervailing duties on Jiangsu’s 
imports of solar modules retroactively after finding that Jiangsu breached its price undertaking commitments 
three years after their imposition.  

In  its  judgment,  the  Court  of  Justice  noted  that  the  General  Court’s  reasoning  was  based  on  the  incorrect 
premise  that  Regulation  2016/2146  applied  the  payment  of  anti-dumping  and  countervailing  duties  on  the 
transactions covered by those invoices “retroactively”. The CJ explained that Regulation 2016/2146 “did not 
impose  any  new  duties  in  respect  of  the  [invalidated]  transactions,  but  applied  the  duties  imposed  by  [the 
initial  regulations  in  2013,  namely  Implementing  Regulations  No  1238/2013  and  No  1239/2013],  it  being 

28  
Commission  Implementing  Regulation  (EU)  2016/2146  of  7  December  2016  withdrawing  the  acceptance  of  the  undertaking  for  two 
exporting producers  under  Implementing  Decision 2013/707/EU  confirming the  acceptance of  an  undertaking offered  in  connection  with the  anti-
dumping and anti-subsidy proceedings concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or 
consigned from the People's Republic of China for the period of application of definitive measures. (OJ L 333, 8.12.2016, p. 4–29)  

54 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
understood that the application of those duties was suspended only for as long as the undertaking entered into 
by Jiangsu Seraphim was in force”. 

The  CJ’s  judgment  therefore  clarified  that  the  Commission  can  legally  collect  duties  for  past  transactions 
covered by a price undertaking agreement if those transactions are ruled invalid at a later stage.  

Joined Cases C‑747/21 P Severstal v Commission and C‑748/21 P NLMK v Commission 

On  8  June  2023  the  CJ  delivered  a  judgement  in  Joined  Cases  C‑747/21P  and  C‑748/21P  dismissing  the 
appeal by two exporting producers of cold rolled flat products of steel from Russia against the rulings of the 
GC  in  T‑752/16  NLMK  v  Commission  and  T-753/16  –  Severstal  v  Commission.  The  GC  dismissed, 
respectively,  Severstal’s  action  and  NLMK’s  action  for  the  annulment  of  Regulation  2016/132829  (‘the 
regulation at issue’), in so far as that regulation concerned them. 

The CJ confirmed that the Commission was entitled to use facts  available pursuant to Article 18 given the 
lack  of  cooperation  by  the  two  Russian  producers.  The  CJ  first  recalled  that  Article  18(1)  of  the  basic 
regulation enables the Commission to make its findings in relation to dumping and injury on the basis of the 
facts available in cases in which any interested party does not cooperate in the anti-dumping investigation by 
refusing access to, or otherwise failing to provide, necessary information within the time limits provided in 
that regulation, or by significantly impeding the investigation. According to the case-law of the Court, the 
concept of ‘necessary information’ corresponds to information held by the interested parties which enables 
the Commission to complete its anti-dumping investigations by making provisional or final, affirmative or 
negative, findings. In the case at hand, the CJ found that contrary to the appellants’ claims, it was apparent 
from reading the judgment in Severstal v Commission (T‑753/16) and the judgment in NLMK v Commission 
(T‑752/16) that the GC did sufficiently state the reasons why it found that the Commission’s application of 
Article 18(1) of the basic regulation to Severstal and NLMK. Accordingly, the CJ rejected as unfounded the 
appellants’ complaint that the  GC misinterpreted Article 18(1) of the basic regulation on the ground that it 
did  not  examine  or  give  reasons  for  the  classification  of  the  product  concerned  as  semi-finished  before 
assessing the Commission’s application of that provision to the appellants in the regulation at issue. 

The  CJ  further  confirmed  that,  when  establishing  the  target  profit  for  the  purposes  of  calculating  the 
underselling margin, the Commission was allowed to take into account a year not forming part of the period 
considered, as the most recent representative year. The profit margin to be used when calculating the target 
price must correspond to the profit margin which the Union industry could reasonably achieve under normal 
conditions  of  competition,  in  the  absence  of  dumped  imports,  since  the  choice  of  such  a  profit  margin 
contributes  to  the  imposition  of  the  anti-dumping  duties  re-establishing  fair  competition  in  the  post-
investigation period. Therefore, given that during the period considered (2011-2015) there were significant 
volumes  of  low-priced imports  which  had  an  adverse  impact  on  the  Union  industry’s  profitability  and  the 
years  2009  and  2010  could  not  be  regarded  as  reflecting  normal  conditions  of  competition  in  view  of  the 
financial crisis, the year 2008 was considered appropriate.  

Finally, as in its previous judgment in case Commission v Hansol Paper, C‑260/20 P, the Court held that the 
Commission may consider the application, by analogy, of the price construction method referred to in Article 
2(9)  of  the  basic  regulation  (in  case  of  sales  via  related  importers  for  instance)  in  order  to  assess  price 
undercutting,  provided  that  that  method  is  consistent  with  the  legal  framework  laid  down  by  the  basic 
regulation and does not lead to a manifestly incorrect result.   

T-326/21  -  Guangdong  Haomei  New  Materials  Co.  Ltd  and  Guangdong  King  Metal  Light 
Alloy Technology Co. Ltd v Commission 

On  21  June  2023,  the  GC  delivered  the  judgement  in  Case  T-326/21,  dismissing  the  action  challenging 
Commission  Implementing  Regulation  (EU)  2021/546,  imposing  definitive  anti-dumping  measures  on 
imports of aluminium extrusions from China (“the contested Regulation"). The applicants were Guangdong 

29 Commission Implementing Regulation (EU) 2016/1328 of 29 July 2016 imposing a definitive anti-dumping duty and collecting definitively the 
provisional duty imposed on imports of certain cold rolled flat steel products originating in the People’s Republic of China and the Russian Federation 
(OJ 2016 L 210, p. 1.)  

55 

 
 
 
 
 
 
 
 
 
 
 
 
Haomei New Materials Co. Ltd and Guangdong King Metal Light Alloy Technology Co. Ltd, two Chinese 
exporters part of the Haomei Group, affected by the measures. The applicants challenged (i) the definition of 
the product concerned, which in their view incorrectly covered thousands of product types, and claimed that 
the Commission had acted in excess of its discretion; (ii) the imposition of anti-dumping measures based on 
a  vague  and  hypothetical analysis  of  market  distortions  in  China,  founded  on  the  Commission's  report  on 
significant distortions in the Chinese market (“the Report"), and that ignored the evidence presented by the 
applicants;  (iii)  the  use  of Türkiye  as  the  representative  country;  and  (iv)  the  Commission's  findings 
of material injury. 

In relation to (i) the product concerned, the GC recalled the Commission's wide discretion when defining the 
product concerned/product under investigation. The Court analysed whether the Commission had exceeded 
its  broad  discretion, misvalued  the  factors  which  it  considered  relevant,  or  that the  analysis  of  other  more 
relevant  factors  was required  when  defining  the  product  concerned.  The  Court noted that the  Commission 
justified its choice of product concerned, referring to the physical, technical and chemicals of the products, 
their  use,  their  interchangeability,  customer  demand  and  the  manufacturing  process,  and  considered 
interested parties' comments. 

In relation to (ii) the analysis of significant distortions under article 2(6a) of the basic Regulation, the Court 
found that it was apparent from the analysis of the various aspects of the Chinese market, the various data 
sources reviewed, which were not limited to the Report, and the conclusions drawn from those sources, that 
the  Commission  conducted  an  objective  analysis  of  the  relevant  facts  available  in  the  file,  carefully  and 
impartially examined all the relevant elements of the case and did not exceed its broad discretion. The Court 
also  disagreed  that  the  Commission  had  ignored  the  evidence  presented  by  the  applicant,  referring  to  the 
Commission's  reasoning/replies  in  specific  recitals  in  the  contested  Regulation.  While  not  ruling  on  an 
additional  (and  inadmissible)  plea  presented  during  the  hearing  that  the  applicants  had  not  been  consulted 
when the Report was drawn up, and therefore its use in their case would be vitiated by a violation of their 
rights of defence, the Court noted that the basic Regulation does not provide for the consultation of exporting 
producers in the country concerned for the drafting of the report. 

In relation to (iii) the choice of Türkiye as the representative country, the Court found that the Commission 
based its choice on the criteria set out under Article 2(6a) of the basic Regulation. It also noted that there is 
nothing  in  the  basic  Regulation  requiring  the  Commission  to  consider  population  when  it  chooses  a 
representative country contrary to what the Applicants claimed. The Court pointed out that, China being the 
most populated country in the world, it would be unreasonable to require the Commission to select a country 
with an equivalent population, domestic demand, and economies of scale. 

Finally,  in  relation  to  (iv) material  injury,  the  Court  noted  that  the  basic  Regulation  does  not  establish  a 
threshold below which the industry cannot be found materially injured. The Court further noted that it was 
clear from the information in the contested Regulation that the Union industry had lost market shares during 
the  period  considered,  despite  the  increase  in  demand.  In  addition,  the  Court  found  that,  in  its  injury 
assessment, the Commission had taken into consideration the high market share of the Union industry and 
the existence of certain indicators showing a positive trend. Recalling its case law, the Court highlighted that 
while  market  share  is  an  important  factor  in  the  determination  of  injury,  the  various  injury  indicators, 
including  the  market  share,  should  not  be  viewed  in  isolation,  but  globally.  The  Court  also  found  that, 
contrary to the applicants' claim, the Commission had considered not only the prices of imports but also their 
volumes in the injury assessment. 

This was the first judgment dealing with the significant distortions dumping methodology. 

T-301/20  Hengshi  Egypt  Fiberglass  Fabrics  SAE  and  Jushi  Egypt  for  Fiberglass  Industry 
SAE v Commission 

On  1  March  2023,  the  GC  delivered  the  judgement  in  Case  T-301/20,  dismissing  the  action  challenging 
Commission  Implementing  Regulation  (EU)  2020/492  of  1  April  2020  imposing  definitive  anti-dumping 
duties  on  imports  of  certain  woven  and/or  stitched  glass  fibre  (GFF)  fabrics  originating  in  the  People’s 
Republic  of  China  and  Egypt (“the  contested  Regulation").  The  applicants  were  Hengshi  Egypt  Fiberglass 
Fabrics SAE and Jushi Egypt for Fiberglass Industry SAE, two Egyptian exporting producers of GFF. The 
56 

 
 
 
 
 
 
 
 
 
 
applicants claimed that (i) the Commission breached Article 2(5) of the basic Regulation when it adjusted the 
cost of one of the inputs (GFR) when constructing Hengshi’s normal value - the applicants also challenged 
the  methodology  used  for  such  adjustment;  and  (ii)  the  Commission  had  breached  their  rights  of 
defence by not disclosing to them its intention not to take account of the alleged payment of customs duties 
in the computation of costs. 

In relation to (i) the adjustments to the costs under Article 2(5) of the basic Regulation, the Commission had 
replaced the costs reported by Hengshi as regards purchases of GFR from the related entity Jushi since those 
intra-group prices were not at arm's length (50% lower than the prices charged by Jushi when selling GFR to 
unrelated customers in Egypt). Accordingly, the Commission used Jushi's prices to unrelated customers in 
Egypt instead of the cost reported by Hengshi.  

Confirming  the  correctness  of  Commission’s  methodology,  the  Court  observed  that  Article  2(5)  does  not 
preclude the Commission from disregarding the costs reported in the records of the party under investigation 
where  the  price  of  the  raw  material  used  for  the  manufacture  of  the  product  under  consideration  is  not  at 
arm's  length.  The  Court  referred  to  the  report  of  the  WTO  Appellate  Body  in  the  case  European  Union  – 
Anti-dumping  measures  on  biodiesel  from  Argentina  (WT/DS  473/AB/R),  adopted  on  26  October  2016, 
paragraph 6.33 as confirming this reading of Article 2(5).  

In  this  case,  the  prices  at  which  Hengshi  purchased  GFR  from  Jushi  were  consistently  and  substantially 
below the prices at which Jushi sold the same product to independent customers operating on the Egyptian 
market.  Given  the  significant  difference  between  those  prices,  the  Commission  rightly  concluded  that  the 
prices paid by Hengshi to Jushi could not be considered at arm's length. Whether Jushi made profits when 
selling to Hengshi did not lead to the automatic conclusion that a transaction was made at arm's length. That 
profit margin was anyway significantly lower than that achieved when selling to unrelated customers. 

The Court also rejected the claim regarding the methodology used to adjust the costs. The applicants argued 
that,  since  the  Commission  verified  and  accepted  the  GFR  production  costs  of  Jushi,  which  was  the  sole 
producer of GFR in Egypt, the Commission was obliged to make the adjustment of Hengshi's costs based on 
Jushi's costs. The Court observed that the Commission did not “accept" Jushi's GFR production cost and that, 
in any event, it might disregard domestic costs where it considers that that information cannot be used. In 
this case, the Commission considered that the fact that Jushi was a vertically integrated company, whereas 
Hengshi was not, warranted Jushi’s GFR cost not to be used for the construction of Hengshi’s normal value. 

In relation to (ii), the Court rejected the claims regarding an infringement of the rights of the defence. The 
Court dismissed the claim, noting that the applicants never submitted, in the anti-dumping investigation, any 
evidence  whatsoever  of  paying  such  duties.  The document  showing the  payment  of the customs  duties  on 
which  the  applicants  relied  was  submitted  to  the  Commission  in  the  context  of  the  parallel  anti-subsidy 
investigation on GFR on 18 March 2020, i.e., significantly later than the deadline for comments in the AD 
case.  Thus,  the  Court  considered  that  the  applicants  could  not  benefit  from  their  own  negligence  by 
criticising  the  Commission  for  failing  to  take  account  of  evidence  which  they  had  every  interest  in 
submitting and which they did not produce. The Court confirmed that the Commission could not on its own 
initiative have used the documents from the other investigations in view of Article 29(6) of the basic anti-
subsidy regulation “Information received pursuant to this Regulation shall be used only for the purpose for 
which it was requested". 

T-480/20 Hengshi Egypt Fiberglass Fabrics SAE and Jushi Egypt for Fiberglass Industry SA / 
Commission 

On  1  March  2023,  the  GC  dismissed  the  actions  brought  by  the  Egyptian  exporters  against  Commission 
Implementing  Regulation  (EU)  2020/776  of  12  June  2020  imposing  definitive  countervailing  duties  on 
imports of certain woven and/or stitched glass fibre fabrics originating in the People’s Republic of China and 
Egypt  and  amending  Commission  Implementing  Regulation  (EU)  2020/492  imposing  definitive  anti-
dumping  duties  on  imports  of  certain  woven  and/or  stitched  glass  fibre  fabrics  originating  in  the  People’s 
Republic of China and Egypt .  

57 

 
 
 
 
 
 
 
 
 
 
 
The  most  important  feature  of  this  case  concerned  the  Commission’s  decision  to  countervail  subsidies 
consisting  of  financial  contributions  granted  indirectly  via  another  country  The  Court  agreed  with  the 
Commission’s  interpretation  that  the  basic  anti-subsidy  regulation,  like  the  WTO  Agreement  on  subsidies 
and countervailing measures (‘SCM Agreement’), covers financial contributions granted also indirectly via 
another country. 

According to the Court, the definition of “government” in Article 2(b) of the basic anti-subsidy regulation 
merely  interprets  the  term  “government”  as  including  the  government  or  public  bodies  of  the  country  of 
origin or export. However, that provision does not rule out the possibility that the financial contribution may 
be attributed to the government of the country of origin or export of the product concerned, on the basis of 
the specific evidence available. Moreover, the words “within the territory of a country” used in recital (5) of 
the  basic  anti-subsidy  regulation  do  not  imply  that  the  financial  contribution  must  come  directly  from  the 
government of the country of origin or export. On the contrary, the use of those words, as the Commission 
points out, does not preclude the possibility of concluding that the financial contributions may be attributed 
to the country of origin or export of the product concerned.  

The Court then examined the situation of the specific context of the SETC-Zone, noting that (i) such a zone 
was recognised by the Government of Egypt (‘GOE’) and the Government of China (‘GOC’) as a key project 
of the bilateral cooperation between Egypt and China and where, under the Belt and Road initiative, Chinese 
companies were eligible to receive public support; (ii) the 2016 Cooperation Agreement between the GOC 
and  the  GOE  recognised  the  areas  as  receiving  public  support  by  the  GOC;  (iii)  GOC-GOE  set  up  a 
consultation mechanism to ensure the implementation of the 2016 Cooperation Agreement, including a joint 
body (TEDA), 80% owned by the GOC; and (iv) the financial support granted by the GOC to the Chinese 
companies established in the zone was significant. The GC considered that the  GOC and the GOE worked 
closely  together  to  establish  the  SETC-Zone  as  a  zone  with  special  legal  and  economic  features  which 
enabled the government authorities of China to confer directly all the facilities inherent in China’s Belt and 
Road  initiative  on  the  Chinese  undertakings  established  in  that  zone.  On  that  basis,  the  Court  held  that  it 
could  not  be  accepted  that  an  economic  and  legal  construct  such  as  that  of  the  SETC-Zone  would  not  be 
covered by the basic anti-subsidy regulation, without this undermining that regulation’s effectiveness or its 
purpose and objectives. 

The Court noted that Article 1.1(a)(1) of the SCM Agreement “defines a subsidy as a financial contribution 
by a government or any public body within the territory of ‘a’ Member of the WTO. That wording does not 
therefore preclude the possibility that a financial contribution granted by a third country may be attributed to 
the government of the country of origin or export, since it is sufficient that the financial contribution of the 
government or any public body is within the territory of ‘a’ Member of the WTO”. Moreover, Articles 13 
and 18 of the SCM Agreement do not call into question this conclusion since members whose products may 
be  investigated  may  be  consulted  on  financial  contributions  attributable  to  them  and,  second,  members 
whose products may be investigated may impose limitations on the subsidies attributable to them.  

Finally, as regards the analysis of whether the scheme in question was specific, the Court stated that “the fact 
that  the  preferential  measures  granted  by  the  Government  of  China  from  which  the  Chinese  companies 
established  in  the  SETC-Zone  benefited  can  be  attributed  to  the  Government  of  Egypt  means  that  the 
Government of Egypt has the status of authority which granted the preferential financing”.  

Judgment T-540/20 - Jushi Egypt for Fiberglass Industry v Commission 

On  the  same  day,  1  March  2023,  the  Court  issued  its  judgement  concerning  a  different  regulation, 
Commission Implementing Regulation (EU) 2020/870 of 24 June 2020 imposing a definitive countervailing 
duty  and  definitively  collecting  the  provisional  countervailing  duty  imposed  on  imports  of  continuous 
filament  glass  fibre  products  originating  in  Egypt,  and  levying  the  definitive  countervailing  duty  on  the 
registered imports of continuous filament glass fibre products originating in Egypt (OJ 2020 L 201, p. 10). 
That investigation was largely like the findings made in GFF. The pleas brought by the exporter in T-540/20 
where  very  similar  to  the  ones  raised  in  T-480/20.  Thus,  the  Court  followed  the  same  reasoning  as  in  T-
480/20.  

58 

 
 
 
 
 
T-693/20 and C‑257/23 P – Hansol Paper v European Commission 

On 17 February 2023, the GC issued an order declaring the action brought by the Korean exporter Hansol 
against  Commission  Implementing  Regulation  (EU)  2020/1524  of  19  October  2020  imposing  a  definitive 
anti-dumping  duty  and  definitively  collecting  the  provisional  duty  imposed  on  imports  of  certain 
heavyweight thermal paper originating in the Republic of Korea as manifestly lacking any foundation in law.  

In essence, the Court concluded that by using constructed prices under Article 2(9) of the basic anti-dumping 
regulation and not the prices charged by the applicant and by Hansol Europe to independent customers for 
the purposes of calculating price undercutting, the Commission did not err in law or commit any manifest 
error of assessment and did not infringe the principle of equal treatment. The Court also confirmed that the 
underselling calculation was correct since it was based on COP plus profit, and thus the costs and profits of 
the  selling  companies  related  to  the  sampled  Union  producers  were  therefore  not  considered  in  the 
calculation of the injury margin. 

This order was subject to an appeal in C‑257/23 P on the grounds that the GC committed a manifest error in 
its  finding  that  the  adjustment  under  Article  2(9)  of  the  basic  anti-dumping  regulation  carried  out  by  the 
Commission for the purpose of undercutting was correct.  

On 14 November 2023, the CJ found, that where import sales are made via importers related to the exporting 
producer, the Commission may, when comparing import prices with EU prices, construct the import price by 
deducting SG&A costs and a profit margin from the resale price to independent customers, by analogy with 
the methodology used for the construction of the export price under Article 2(9) of the basic Anti-Dumping 
Regulation.  The  Court  considered  that  such  a  method  does  not  result  in  altering  the  level  of  trade  of  the 
import  price  used  for  the  injury  analysis.  Rather,  the  method  consists  in  replacing  prices  charged  by  the 
related importer with constructed prices. 

Thus,  the  CJ  found  that  the  GC  did  not  err  in  law  and  concluded  that  the  appeal  must  be  dismissed  as 
manifestly unfounded. 

Case C-478/21 P (21 September 2023), China Chamber of Commerce for Import and Export 
of Machinery and Electronic Products (CCCME) and Others v Commission 

On 21 September 2023, the CJ dismissed the appeal brought by China Chamber of Commerce for Import and 
Export of Machinery and Electronic Products (CCCME) and others against the judgment of the GC in case 
T-254/18,  seeking  the  annulment  of  Commission  Implementing  Regulation  (EU)  2018/140  of  29  January 
2018  imposing  a  definitive  anti-dumping  duty  and  collecting  definitively  the  provisional  duty  imposed  on 
imports  of  certain  cast  iron  articles  originating  in  the  People's  Republic  of  China  and  terminating  the 
investigation for India. 

On  admissibility,  the  CCCME  claimed  to  be a  representative  association  of  importers  or  exporters of  the 
product  concerned  in  the  sense  of  the  basic  regulation  and  therefore  had  procedural  rights.  Although  the 
basic  regulation  grants  certain  procedural  rights  to  representative  associations  of  importers  or  exporters  of 
the dumped product, that regulation does not define the concept of such a representative association. The CJ 
clarified  that  the  concept  of  a  'representative  association  of  importers  or  exporters'  must  be  understood  as 
designating  an  association  whose  purpose  includes  representing  the  collective  and  general  interests  of 
importers  or  exporters  of  a  dumped  product  provided  that  the  association, first,  enjoys  independence  as 
regards  the  authorities  of  that  State in  order  to  be  able  to  ensure  such  representation  and, second,  that 
its membership includes a large number of importers or exporters whose imports or exports of that product 
are significant. The memorandum and articles of association of the CCCME indicated that the association is 
under the supervision, management and business guidance of two Chinese ministries and that it conducts its 
relevant activities in accordance with appointment and authorisations of the Chinese Government. Therefore, 
based  on  the evidence  on  file, the  CJ confirmed that the  CCCME  did  not  have sufficient independence  as 
regards  the  Chinese  State  to  be  able  to  be  regarded  as  a  'representative  association'  of  exporters  of  the 
product concerned. In addition, the CCCME had not demonstrated that its members included many importers 
or exporters of the product concerned, nor that exports of that product by its members were significant. 

59 

 
 
 
 
 
The CJ also concluded that the CCCME did not have standing to bring a direct action for annulment. That 
action  is  inadmissible  in  so  far  as  it  was  brought  by  the  CCCME  in  its  own  name.  However,  the  CJ 
confirmed  that  the CCCME  is  empowered  to  represent  its  members  in  legal  proceedings.  The  Court 
concluded that an association’s right to bring legal proceedings on behalf of its members is not subject to a 
condition  relating  to  the  ‘representativeness  of  that  association  for  the  purposes  of  the  legal  tradition 
common to the Member States’ and therefore, in essence, relating to being organised democratically. 

On substance, the Court rejected all grounds of the appeal and confirmed the judgment of the  GC of which 
the most relevant points are as follows. 

In  relation  to  the  need  to  examine  causality  by  market  segment,  the  CJ  confirmed  that  an  analysis  of  the 
causal  link  between  the  imports  of  the  product  concerned  and  the  injury  of  the  industry  as  a  whole  is 
sufficient. The injury assessment by segment was not required in this case because the products in question 
were sufficiently interchangeable. Indeed, those types of products being sufficiently interchangeable ensures 
that  the  market  is  not  characterised  by  marked  segmentation  and,  additionally,  that  the  analysis  of  price 
undercutting  is  objective.  Furthermore,  the  finding  that  an  assessment  by  segment  is  not  required  when 
examining injury also applies in relation to the examination of the causal link. The CJ concluded that it can 
be deduced from the interchangeability of the products that sales of the EU products will be affected by the 
dumped imports irrespective of the segment relating to those products or imports. 

The CCCME claimed that the Commission failed to observe its procedural guarantees on the ground that it 
did not disclose the information relevant to the determination of dumping and injury. The GC rejected this 
claim. It recalled the balance between the right of defence and the protection of confidential information and 
insisted on the difference between an exporting producer and an association representing an industry. The CJ 
recalled that the CCCME indicated clearly during the proceeding that it was involving itself on behalf of the 
overall interests of the Chinese cast iron exporting industry and not in the name of the individual interests of 
its members, as is required for it to be able to exercise the procedural rights of the latter. The CJ recalled that 
an association’s ability to exercise the procedural rights of certain of its members is subject to the condition 
that that entity has demonstrated, during the investigation, the intention to act as the representative of certain 
of its members, which presupposes that those members have been identified and that the entity has received, 
from them, a mandate enabling it to exercise those procedural rights on their behalf. The  CJ confirmed that 
the  Commission  was entitled  to refuse  the  association  access  to the  confidential  details  of the  calculations 
and confirmed that the information which had been communicated to CCCME allowed it to make its views 
known. The CJ stated that procedural rights are specific to the person on whom they are conferred and held 
that  it  is  the  concerned  parties  themselves  that  must  be  able  to  effectively  exercise  those  rights.  The  CJ 
confirmed that CCCME’s members had not made requests seeking disclosure of these calculations during the 
proceeding.  The  CJ  recalled  that  the  basic  regulation  confers  procedural  rights  and  guarantees  on  certain 
interested parties, but the exercise of those rights and guarantees depends on the active participation by those 
parties  in  the  proceedings  in  question.  The  CJ stated  that  the  volume  of  information  requested  by  the 
association was such that accepting such a claim for information adapted for the sole of the applicant need 
could have impeded the investigation (subject to strict time limits). 

When it comes to import volumes data, the CJ confirmed that the GC set out, without making an error of law 
or  imposing  an  unreasonable  burden  of  proof,  the  conditions  for  an  applicant  to  be  able  legitimately  to 
challenge  the  reliability  of  certain  data  used  by  the  Commission.  Indeed,  such  a  challenge  cannot  merely 
provide alternative data, but must also set out the reasons why such alternative data are more reliable that 
those  used  by  the  Commission.  The  CJ  confirmed  that  the  Commission  rightly  relied  on  Eurostat  data  to 
establish, following adjustments, the import volumes and was not obliged to collect import lists, transaction 
by transaction, from the customs authorities of all the Member States as this would be disproportionate. The 
CJ also confirmed that the Commission was not required to compile a data sample by collecting certain more 
detailed data from the national customs authorities. This finding does not contravene the obligation on the 
Commission to make an examination on its own initiative, since it  did not appear that collecting a sample 
from  the  national  customs  authorities  would  have  made  it  possible  to  obtain  data  more  reliable  than  the 
Eurostat data used by the Commission. 

In the examination of the impact of the dumped imports on the EU industry prices, which is undertaken for 
the purposes of the determination of injury, the Commission was unable to compare 37,4% of the sales of the 
sampled EU producers because there were no sales of the same products by Chinese exporters. However, the 

60 

 
 
 
CJ confirmed that the fact that the Commission was able to establish that there was an undercutting margin 
ranging from 31,6% to 39,2%, covering 62,6% of EU sales constitutes significant price undercutting which is 
capable of being classified as having a material impact on the  EU industry. The CJ recalled that while the 
basic regulation sets out certain matters to be taken into consideration in the determination of injury caused 
by the dumped imports, it does not lay down any precise method for analysing price undercutting. Since that 
determination  involves  complex  economic  assessments,  the  Commission  enjoys  a  broad  discretion.  The 
Court  also  considers  that  the  basic  regulation  does  not  provide  that  the  Commission  is  required,  in  all 
circumstances,  to take account  of  all  the  products  sold  by  the  EU  industry,  including  the  product types  in 
question not exported by the sampled exporting producers, in the determination of injury caused by dumped 
imports.  

Cases T-126/21 - Nevinnomysskiy Azot and NAK "Azot" v Commission 

On  5  July  2023,  the  GC  annulled  Commission  Implementing  Regulation  (EU)  2020/210030  imposing  a 
definitive  anti-dumping  duty  on  imports  of  ammonium  nitrate  originating  in  Russia  following  an  expiry 
review pursuant to Article 11(2) of the basic anti-dumping Regulation.  

The GC considered that the conditions relating to the sufficiency of the evidence in a request for a review 
made by or on behalf of Union producers, within the meaning of the second subparagraph of Article 11(2) of 
the basic anti-dumping Regulation, are satisfied where such evidence is submitted no later than three months 
before the end of the measures.  

According to the GC, after the legal time limit and within the three-month period preceding the end of the 
measures,  Union  producers  may  submit  additional  information.  However,  such  evidence  cannot  constitute 
new arguments, nor can it replace the request for a review lodged within the legal time limit or remedy the 
insufficiency of the evidence contained therein.  

As regards the facts of the case, the GC found that the Commission relied on a dumping margin calculation 
provided after the legal deadline to initiate the expiry review. It also stated that it is in no way apparent from 
the notice of initiation or the regulation imposing definitive duties that the original request lodged before the 
three-months deadline contained sufficient evidence to open an expiry review.  

The GC considered that the new dumping calculation provided after the three-month deadline did not consist 
of a mere clarification of the evidence contained in the original request. It follows that  since that evidence 
was filed after the expiry of the legal time limit, the Commission could not rely on it in deciding to initiate 
the expiry review following the request for a review.   

Accordingly, the GC found that the Commission infringed Article 11(2) of the basic anti-dumping regulation 
and annulled the regulation imposing definitive anti-dumping duties. 
The judgment is under appeal.  

8. 

ACTIVITIES BY THIRD COUNTRIES TARGETING THE EU 

The  main  developments  and  trends  regarding  third  country  trade  defence  actions  in  2023  are  presented 
below. In addition, this section also highlights important cases initiated by countries that use the instruments 
less frequently but have an impact on EU exports. 

The  main  users  of  the  trade  defence  instruments  against  EU  exports  remain  the  United  States  with  38 
measures in force, China, and Türkiye, with 18 measures each, followed by Brazil and Indonesia, each with 
11  measures  imposed.  The  list  of  frequent  TDI  users  against  the  EU  is  complemented  by  Canada,  with  9 
definitive  measures  in  place,  ahead  of  Australia,  Madagascar,  and  South  Africa,  each  with  7  measures  in 
place impacting EU exports. 

30 Commission Implementing Regulation (EU) 2020/2100 of 15 December 2020 imposing a definitive anti-dumping duty on imports of ammonium 
nitrate originating in Russia following an expiry review pursuant to Article 11(2) of the Regulation (EU) 2016/1036 of the European Parliament and 
of the Council (OJ L 425, 16.12.2020, p. 21–78) 

61 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
United States  

Overall trends 

In  2023,  the  US  initiated  4  new  trade  defence  investigations  affecting  EU  exports.  After  two  years  of  a 
slowdown  in  the  trend  of  new  investigations  (1  new  investigation  in  2022  and  none  in  2021),  this  was  a 
significant increase in new cases. At the end of 2023, the US had 38 measures in force affecting EU imports 
(32 AD, 5 AS and 1 SFG). In the course of 2023, 1 new AD measure on preserved mushrooms was imposed 
and 1 SFG measure on large residential washers expired.  

Main cases 

Tin mill products AD 

The investigation concerning imports of tin mill products from Germany and the Netherlands was initiated 
on 7 February 2023. The applicants alleged significant dumping margins, namely 44% for Germany and up 
to 294% for the Netherlands. Given that the economic interest in this case is €1 billion, higher than in any 
other  US  trade  defence  case  against  the  EU  or  its  Member  States  to  date,  the  Commission  has  been  very 
active in this investigation in support of the exporters concerned. On 17 August 2023, the US Department of 
Commerce made a preliminary determination of 7% dumping of imports from Germany and no dumping of 
imports from the Netherlands.  

In January 2024, the investigation was officially terminated.  

Paper shopping bags AD 

On 20 June 2023, the US initiated an anti-dumping investigation into imports of paper shopping bags from 
Portugal. The petitioners alleged dumping margins of up to 189%. The economic interest in this case is €17 
million.  The  Commission  has  been  active  in  support  of  the  exporters  concerned  since  the  start  of  the 
investigation.  

Ripe olives AD and AS 

On  3  July  2023, the  US  International  Trade  Commission  launched an  expiry) review  of  the  duties  against 
ripe olives from Spain. The US initially imposed the measures on 1 August 2018.  

The  EU  economic  interest,  before  the  imposition  of  measures,  was  €67  million.  The  AS  measures  target 
support measures under the EU Common Agricultural Policy (CAP), which the EU considers as “green box”, 
i.e., they comply with the WTO Agreement on Agriculture. The Commission challenged these duties before 
the  WTO  and  on  20  December  2021,  the  WTO  Dispute  Settlement  Body  adopted  the  final  panel  report 
declaring these duties inconsistent with WTO rules. Despite the favourable panel report, the measures remain 
in  place.  The  Commission  considered  that  the  US  had  failed  to  implement  the  WTO  ruling  and,  when 
consultations  did  not  deliver  results,  requested  the  establishment  of  a  compliance  panel,  which  was 
composed on 31 July 2023. In February 2024, the WTO circulated the compliance panel report. The report 
confirmed the EU’s claim that the US had not complied with the previous WTO ruling. It presents a clear 
and full win for the EU. The EU is expecting the US to take swift action to ensure the full implementation of 
the WTO ruling and the removal of the duties. 

Mattresses AD  

On 1 August 2023, the US authorities initiated an anti-dumping investigation on imports of mattresses from 
Bulgaria, Italy, Poland, Slovenia and Spain. Petitioners  alleged extremely high dumping margins, between 
43%  and  1094%.  The  economic  interest  in  this  case  is  €415  million.  The  Commission  has  been  active  in 
support of the exporters concerned since the start of the investigation. 

62 

 
 
 
 
 
 
 
 
 
 
 
  
 
 
Aluminium extrusions AD 

This investigation was initiated on 25 October 2023 against imports of aluminium extrusions from Italy, with 
petitioners alleging a dumping margin of 42%. The economic interest in this case is €104 million. Since the 
start of the investigation, the Commission has been active in support of the exporters concerned. 

China  

Overall trends 

In 2023, China's trade defence activity towards the EU continued to be rather limited. The total number of 
measures in force against the EU at the end of 2023 was 18 (17 AD, 1 AS), unchanged since 2022. China did 
not initiate any new investigations or impose any new measures in 2023.  

Main cases 

Potato starch AS 

In September 2022, China initiated a second expiry review of the AS measures regarding imports of potato 
starch  from  the  EU.  The  initial  measures  were  imposed  in  2011  and  in  2017.  The  Commission  actively 
intervened  in  support  of  the  EU  producers,  arguing  that,  following  the  reform  of  the  EU's  common 
agricultural  policy  (CAP)  the  subsidies  subject  to  the  measure  are  not  specific,  not  actionable  and  fully 
compliant  with  the  WTO  Agreement  on  Agriculture  and  the  WTO  Agreement  on  Subsidies  and 
Countervailing Measures. On 14 September 2023, the Chinese Ministry of Commerce decided to extend the 
measures for another five years.  

Türkiye  

Overall trends  

At the end of 2023, Türkiye had 18 measures in force affecting the EU (11 AD and 7 SFG). In November 
2023,  Türkiye  initiated  4  new  trade  defence investigations affecting  EU exports  (1  new  SFG  investigation 
targeting  imports  of  hot-rolled  bars  and  rods  and  3  new  anti-circumvention  (AC)  investigations  on  solar 
panels from Croatia, on imports of woven fabrics and on PU leather). The Commission continues to follow 
all the cases closely and will intervene, in support of the EU industry, as appropriate.  

Türkiye imposed provisional SFG measures on imports of hot-rolled bars and rods and extended definitive 
SFG measures on Polyethylene terephthalate (PET) in December 2023.  

Main cases   

Woven fabrics AC  

This anti-circumvention investigation concerning woven fabrics of synthetic filament yarn and woven fabrics 
of  synthetic  and  artificial  stable  fibres  was  initiated  in  January  2023.  Given  the  high  economic  interest  of 
€238 million, the Commission has made several interventions in support of EU industry and Member States 
and will continue to do so as the investigation continues. 

PU leather AC 

This investigation concerning the exports of PU leather from Bulgaria and France was initiated in January 
2023.  It  is  linked  to  an  AC  measure  on  the  same  product  against  Greece,  through  the  same  AD  measure, 
which was concluded in June 2022 and where the Commission intervened on several occasions.  

Bars and Rods SFG 

This investigation was initiated in November 2023. The economic interest in this case is €218 million. The 
Commission has been active in support of the exporters concerned since the start of the investigation. The 
provisional measures were imposed on 31 December 2023 ($175 per ton) and will be in force for 200 days. 

63 

 
 
 
 
 
 
 
Brazil 

Overall trends 

Brazil remains one of the main users of TDI against the EU. At the end of 2023, there were 11 AD measures 
in force against EU exports, the same as in 2022. Brazil did not initiate any new investigations against the 
EU in 2023. 

Canada 

Overall trends 

In 2023, Canada did not initiate any investigations or impose any new measures against the EU. At the end 
of 2023, Canada had 9 (8 AD, 1 AS) measures in force concerning the EU.  

Indonesia  

Overall trends  

Indonesia remains one of the most frequent users of safeguard investigations in the world, regularly resorting 
to SFG, rather than AD or AS.  

By the end of 2023, the number of measures imposed by Indonesia increased to 11 (compared to 9 in 2022). 
Indonesia's  safeguard  measures  are  increasingly  in  place  for  long  periods  of  time,  with  extensions  being 
routine.  

In  addition,  Indonesia  initiated  5  new  SFG  investigations  concerning  imports  of  artificial  filament  yarn, 
woven fabrics of artificial filament yarn, mineral wool, cotton fabrics and cotton yarn. Indonesia initiated 4 
SFG reviews in 2023 on imports of carpets, fructose syrup, knitted or crocheted fabrics and cigarette paper 
with a total EU economic interest of around €25 million. 

Main cases 

Cigarette paper SFG  

Indonesia  initiated  the  investigation  in  October  2020.  Given  the  significant  economic  interest  of  the  EU 
(exports  worth  €6,3  million  in  2019),  the  Commission,  at  the  request  of  the  European  paper  industry 
association (CEPI), together with AT and ES, intervened several times. Definitive measures were imposed in 
November 2021 in the form of a specific duty for a period of two years. In June 2023, Indonesia initiated an 
expiry  review  and  the  Commission,  in  close  cooperation  with  the  EU  industry,  intervened  throughout  the 
investigation,  including  WTO  consultations.  The  Ministerial  Decree  extending  the  measures  for  a  further 
three years was published on 27 December 2023. 

Australia  

Overall trends  

Australia is not the most frequent user of TDIs against the EU  but has increased its activity since 2013. At 
the end of 2023, Australia had a total of 7 AD measures in force against the EU, the same as in 2022.  

During 2023, the Australian Anti-Dumping Commission initiated 3 expiry review investigations concerning 
imports of railway wheels from France, ammonium nitrate from Sweden, and Quenched and tempered steel 
plate from Finland and Sweden. In addition, Australia initiated a revocation review on A4 copy paper from 
Austria, Slovakia and Finland and a reinvestigation on imports of rebar from Spain. 

64 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Australia did not initiate any new investigations on imports from the EU but terminated an investigation on 
imports of ammonium nitrate from Lithuania. 

Investigation on ammonium nitrate AD  

The investigation, initiated by the Australian Anti-Dumping Commission on 8 June 2022, had a direct impact 
on  one  of  the  largest  EU  fertilizer  producers  located  in  Lithuania.  The  Commission  submitted  written 
arguments both after the initiation and after the preliminary report (EU economic interest around €5 million).  
The Australian investigating authority ultimately determined that imports from Lithuania had not caused, and 
did not threaten to cause, material injury to the Australian industry producing like products and terminated 
the investigation in its entirety on 8 August 2023, without imposing measures. 

Madagascar  

Overall trends  

Madagascar's trade defence activity was not significant prior to 2023. However, last year the National Trade 
Remedies Authority initiated 4 new SFG investigations impacting the EU (napkins and nappies, concentrated 
milk, flour, and woven sacks and sheaths of polypropylene), compared to 1 in 2022 and none the year before. 

In addition, Madagascar imposed 3 new SFG measures in 2023 bringing the total number of definitive SFG 
measures imposed to 7 compared to 4 in 2022.  

South Africa / Southern African Customs Union  

Overall trends  

At  the  end  of  2023,  there were  7 measures  in force, 4  AD  (frozen  bone-in  portions  of  chicken,  ropes  and 
cables, frozen potato chips and frozen chicken) and 3 SFG (bolts, screws and threaded fasteners).  

Definitive  AD  measures  on  imports  of  frozen  chicken  from  Denmark,  Ireland,  Spain  and  Poland  were 
imposed in August 2022 and immediately suspended for 1 year. The suspension was lifted in August 2023.  

No new investigation was initiated in 2023. At the end of 2023, the Southern African Customs Union had 1 
AD measure in force against the EU (pasta).  

Main cases  

Frozen chicken AD  

Following  an  expiry  review  of  the  AD  measures  originally  imposed  in  2015,  the  original  duty  levels  on 
imports  from  the  Netherlands  and  Germany  were  upheld  and  extended  until  2026.  In  addition,  a  new  AD 
investigation on frozen poultry from Denmark, Ireland, Spain and Poland was initiated on 24 February 2021 
and concluded with the imposition of definitive measures in August 2022. Ad valorem duties ranged from 
3%  to  96%  but  were  immediately  suspended  until  August  2023.  Due  to  the  difficulties  of  the  local 
population  to  have  access  to  an  affordable  source  of  protein,  in  October  2023,  ITAC  launched  an 
investigation into the possible rebate of ordinary customs duties including AD duties. The investigation was 
concluded in February 2024 with no rebate for AD duties on EU imports. EU economic interest is around 
€100 million.  

Ukraine  

Overall trends  

2023  was  another  difficult  year  for  Ukraine,  following  the  invasion  and  war  of  aggression  started  by  the 
Russian  Federation  on  24  February  2022.  In  February  2022,  Ukraine  put  on  hold  all  its  ongoing  TDI 
investigations and no new investigations have been opened since. 

65 

 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
Other important cases  

Super absorbent polymer (SAP) AD  

In  November  2021  the  Gulf  Cooperation  Council  (‘GCC’)  initiated  an  anti-dumping  investigation 
concerning  imports  of  super  absorbent  polymer imported  by the  Kingdom  of  Saudi  Arabia from  Belgium, 
France, China, Japan, Singapore and South Korea. The Commission has intervened to ensure access of the 
EU exports worth €9 million. On 28 November 2022, the GCC issued the Final Report, which recommended 
excluding imports from  Japan  due to  their  small  volume  while it determined the  existence  of  dumping  by 
imports from China, Belgium, Singapore, the Republic of Korea and France, with dumping margins ranging 
from  2%  to  124%.  Definitive  measures  in  the  form  of  ad  valorem  were  imposed  on  4  March  2023,  for  a 
period of five years.   

9. 

ACTIVITIES IN THE FRAMEWORK OF THE WTO 

9.1  Dispute settlement in the field of trade defence  

The WTO procedure for the settlement of disputes between WTO Members concerning the application of the 
WTO agreements is divided into two main stages.  

The  first  stage  consists  of  bilateral  consultations  between  the  WTO  Members  concerned.  If  those 
consultations  fail  to  settle  the  dispute,  the  second  stage  can  be  opened  by  requesting  the  WTO  Dispute 
Settlement Body to establish a panel.  

WTO Members, other than the complaining and defending parties, with an interest in a given dispute, can 
intervene as 'third parties' before the panel.  

The panel issues a report, which must be adopted by the WTO Dispute Settlement Body (DSB) in order to 
become  binding  between  the  parties  to  the  dispute.  In  a  fully  functioning  WTO  dispute  settlement  system 
(see further below), panel reports first can be appealed before the WTO Appellate Body (AB) (each appeal 
being  heard  by  three  members  of  a  permanent  seven-member  body  set  up  by  the  Dispute  Settlement 
Understanding (DSU)).  

Both the panel report and the report by the AB are adopted by the Dispute Settlement Body (DSB) unless the 
DSB rejects the report by unanimity. The findings of a panel report or an AB report must be implemented by 
the WTO Member whose measures have been found to be inconsistent with the relevant WTO Agreements.  

If the complaining WTO Member is not satisfied with the way the reports are implemented, it can ask for the 
establishment of a so-called 'implementation panel'. Here too, an appeal against the findings of the panel is 
possible.  

Anti-dumping, anti-subsidy and safeguards measures are among the most common subject matters in WTO 
dispute  settlement. The  EU  is  also  an  active  participant  in  WTO  dispute  settlement  proceedings  as  a  third 
party in relation to TDI.  

Regarding  the  procedures,  it  should  be  noted  that,  since  11  December  2019,  due  to  the  blockage  of  new 
appointments to the AB, the WTO dispute settlement system is not able to function fully, because there are 
no  members  on  the  Appellate  Body.  This  affects  the  capacity  of  the  WTO  dispute  settlement  system  to 
deliver binding resolutions of trade disputes and undermines rules-based international trade.  

The EU continues its efforts to find, together with the WTO Membership, a lasting solution to this situation. 
Pending a solution, the EU, together with certain other WTO Members, created a workaround arrangement 
to  apply  as  long  as  the  appointments  to  the  AB  remain  blocked.  Known  as  the  ‘MPIA’,  the  Multi-party 
interim  appeal  arbitration  arrangement  allows  its  participating  WTO  Members  to  bring  appeals  and  solve 
disputes within the framework of the DSU despite the current paralysis of the AB. It achieves this through 
the  conclusion  of  agreements  between  participating  WTO  Members  to  have  appeals  in  disputes  between 
66 

 
 
 
 
 
 
  
 
 
 
 
them dealt with by way of arbitration within the framework of the DSU. In this way, the MPIA provides a 
functioning,  binding,  two-tier  and  independent  dispute  settlement  system  in  the  disputes  that  it  covers.  It 
mirrors the usual WTO appeal rules and, for as long as the AB remains unable to function fully, can be used 
between any Members of the WTO that join the MPIA.   

DS 618: Countervailing duties on imports of biodiesel from Indonesia 

In  August  2023,  Indonesia  requested  consultations  with  the  European  Union  regarding  the  definitive 
countervailing  duties  on  imports  of  biodiesel  from  Indonesia.  In  October  2023,  Indonesia  requested  the 
establishment of a panel.  

Indonesia  claimed that  the  definitive  countervailing duties  on imports  of  biodiesel from  Indonesia  and the 
investigation  leading  to  their  imposition  are  inconsistent  with  certain  provisions  of  the  ASCM.  Indonesia 
alleges  that  the  countervailing  duties  adopted  by  the  EU  are  in  contravention  of  the  WTO  Agreement  on 
Subsidies  and  Countervailing  Measures.  Indonesia  is  challenging  the  Commission’s  determination 
concerning Government support to the biodiesel industry through direct transfer of funds via the ‘Biodiesel 
Subsidy  Fund’  and  also  the  provision  of  crude  palm  oil  (“CPO”)  for  less  than  adequate  remuneration. 
Indonesia is also challenging the threat of injury and the causal link analysis made by the Commission.  

On 13 October 2023, Indonesia requested the establishment of a panel. At its meeting on 26 October 2023, 
the DSB deferred the establishment of a panel. 

DS  616:  Countervailing  and  Anti-Dumping  Duties  on  Stainless  Steel  Cold-Rolled  Flat  Products  from 
Indonesia 

On  24  January  2023,  Indonesia  requested  consultations  with  the  European  Union  with  respect  to 
countervailing  and  anti-dumping  measures  imposed  by  the  European  Union  on  imports  of  stainless-steel 
cold-rolled flat products from Indonesia. Indonesia claimed that the measures are inconsistent with a number 
of  provisions  of  the  WTO  Agreement  on  Subsidies  and  Countervailing  measures  (ASCM)  and  the  Anti-
Dumping Agreement.  

The main issue raised by Indonesia is the legality of the ‘attribution theory’ used in EU trade defence policy, 
whereby  financial contributions  formally  paid  by  the Chinese  government are  attributed to  a  third  country 
government, in this case the Government of Indonesia. This attribution was made  because of a substantive 
body of evidence demonstrating that Indonesia ‘acknowledged and adopted’ the subsidizing conduct of the 
Chinese  state  as  its  own.  The  theory  was  used  for  the  first  time  in  the  Egyptian  Glass-Fiber  Fabric  case, 
where the General Court approved the Commission’s use of the attribution theory.  

Indonesia  also  contested  the  part  of  the  EU  Regulation  concerning  the  provision  of nickel  ore  at less than 
adequate remuneration, in particular the treatment of the Indonesian mining companies as public bodies or 
private bodies being entrusted or directed by the government, the selection of the appropriate benchmark for 
nickel ore and the calculation of the benefit. 

Consultations between the EU and Indonesia took place on 13 March 2023 but failed to resolve the dispute. 
On  17  April  2023,  Indonesia  requested  the  establishment  of  a  panel.  At  its  meeting  on  30  May  2023,  the 
DSB established a panel. Following the agreement of the parties, the panel was composed on 13 September 
2023.  Argentina,  Australia,  Brazil,  Canada,  China,  Egypt,  India,  Japan,  Korea,  the  Russian  Federation, 
Singapore, Chinese Taipei, Thailand, Türkiye, Ukraine, the United Kingdom, and the United States reserved 
their third-party rights. 

DS494:  European  Union  –  Cost  Adjustment  Methodologies  and  Certain  Anti-Dumping  Measures  on 
Imports from Russia  

On 24 July 2020, the panel circulated to all WTO Members its final report in DS494 European Union – Cost 
Adjustment Methodologies and Certain Anti-Dumping Measures on Imports from Russia.  Both the EU and 
Russia appealed the report.  However, with the  ongoing difficulties in the WTO Dispute Settlement, there 
was no progress in 2023.  

67 

 
 
 
 
 
 
 
 
 
 
 
 
DS521:  European  Union  —  Anti-Dumping  Measures  on  Certain  Cold-Rolled  Flat  Steel  Products  from 
Russia 

The case dates from January 2017, when the Russian Federation requested consultations with the European 
Union concerning anti-dumping measures imposed by the European Union on imports of certain cold-rolled 
flat  steel  products  from  the  Russian  Federation.  Consultations  with  Russia  took  place  on  8  June  2017. 
Almost two years later, on 13 March 2019, the Russian Federation requested the establishment of a panel. 
The  panel  was  established  on  16  March  2020.  Written  procedure  took  place  during  the  summer  2020 
whereas the first substantive meeting planned for the autumn was postponed due to COVID-19 related travel 
restrictions.   In  March  2022  and  again  in  July  2023,  the  Chair  of  the  panel  informed  the  DSB  that  it  had 
granted  the  Russian  Federation's  requests  of  March  2022  and  June  2023,  that  the  panel  suspend  its  work 
pursuant to Article 12.12 of the DSU. In granting the suspension of the panel in July 2023, the Chair of the 
panel  noted  that,  pursuant to  Article  12.12, if  the  work  of the  panel  has  been suspended for more  than  12 
months, the authority for establishment of the panel shall lapse. 

DS591: Anti-Dumping Duties by Colombia on Frozen Fries from Belgium, Germany and the Netherlands  

In 2023, the Commission continued to participate in the WTO dispute settlement proceeding regarding the 
AD  measures  on  frozen  fries  by  Colombia,  which  started  in  January  2020  with  WTO  consultations.  The 
outcome,  in  December  2022,  was  largely  in  favour  of  the  EU.  Colombia  issued  on  7  December  2023  the 
Status  Report  to  the  Chairman  of  the  Dispute  Settlement  Body,  in  which  Colombia  claims  that  it  had 
completed the implementation of the ruling. The Commission is assessing the implementation by Colombia. 

9.2    Meetings of the WTO Anti-dumping, ASCM and Safeguards Committees.  

Twice  yearly  in  spring  and  autumn  meetings  of  the  Subsidies  and  Countervailing,  Anti-dumping  and 
Safeguards Committees are held in the WTO. In the context of the Anti-dumping Committee, the WTO also 
hosts a Working Group on Implementation where members share their practical approach in anti-dumping 
investigations.  In  addition,  in  May  2023,  the  WTO  hosted  a  workshop  for  the  heads  of  investigating 
authorities.  

The  meetings  give  WTO  Members  the  opportunity  to  monitor  the  implementation  of  the  agreements  by 
investigating  authorities,  as  well  as  providing  a  forum  to  exchange  views  and  concerns  on  trade  defence 
cases.  The  EU  plays  an active  part in  all the  Committees  by  raising  issues  of concern  while  defending  its 
own actions in the field of trade defence.   

In addition to the Safeguard Committee, there are also meetings of the Working Group on Implementation 
and two informal sessions dedicated to the so-called “Friends of Safeguard Investigations”. The Committee 
facilitates an exchange of opinions and information of a procedural and more general nature between WTO 
Members. In this context, Members discussed the US proposal to transfer the informal "Friends of Safeguard 
Investigations" group to the Committee, but no consensus was reached due to India's opposition.  

Individual cases of concern account for most of the exchanges in the WTO Safeguards Committee. One such 
case was the EU steel safeguard, which was the most scrutinised safeguard measure on the agenda at both 
meetings.  The EU participated actively in the discussions regarding the measure and responded to comments 
made by WTO Members. Many maintained the previous argument that the safeguard measure should have 
been terminated, while others argued that the measure should not have been extended. On the other hand, the 
EU  also  raised  concerns  about  the  safeguard  practices  of  other  WTO  Members.  In  particular,  the  EU 
questioned the continuation of a worrying trend of overuse and misuse of the safeguard instrument, with poor 
standards of initiation, inadequate disclosure and lack of transparency. The EU's intervention on proliferation 
of safeguards was welcomed and appreciated by some other WTO Members.  

In  the  Anti-Dumping  Committee,  the  EU  raised  concerns  about  the  US  investigation  on  tin  mill  products 
from, inter alia, Germany and the Netherlands. The lack of evidence of dumping, as well as the fact that the 
case was tantamount to a safeguard investigation covering almost all imports into the US, were highlighted. 

The EU defended its actions against criticisms levelled by other members on some cases, including Bulb Flat 
from  Türkiye,  Fatty  Acid  from  Indonesia  and  Ductile  tubes  and  pipes  from  India.    In  addition,  the  EU 
rebutted unfounded criticisms from China regarding the long duration of some measures.   

68 

 
 
 
 
 
 
 
 
 
The EU participated in the Anti-dumping Working Group on Implementation which was held only once in 
2023. The discussion centred around average, benchmark and account-specific prices and price analysis in 
injury proceedings and non-attribution analysis in causal link determination.  

Under  the  ASCM,  subsidy  notifications,  which  are  made  every  second  year,  were  due  in  2023.    The 
Commission submitted the EU’s Subsidy notification covering subsidies granted at EU level as well as those 
of the Member States. These will be reviewed in the Spring 2024 meeting of the ASCM Special Committee.  
Despite notification being an  obligation  under  the  Agreement, an update  on the state  of  play by the  WTO 
Secretariat  in  October  2023  showed  that  only  a  third  of  members  had  complied.  Therefore,  in  the  ASCM 
Committee,  the  EU  continued  to  push  for  greater  compliance  with  the  notification  obligations  as  this  is 
critical for understanding the impact of subsidies in global trade. To encourage members in this exercise, the 
Commission provided guidance on how to make a subsidy notification in an event organised by the WTO 
Secretariat in June 2023.   

In the regular Committee on Subsidies and Countervailing Measures, the EU defended its decision to open 
an anti-subsidy investigation into battery electric vehicles from China in response to criticisms about the case 
from  the  latter.  The  EU  raised  China’s  decision  to  continue  measures  on  potato  starch  from  the  EU, 
following  an  expiry  review,  despite  the  subsidies  being  neither  specific  nor  actionable.  The  impact  of 
subsidies  in  creating  overcapacities  and  the  effects  on  developing  countries  was  also  discussed  in  the 
Committee.     

The  Workshop  for  the  Heads  of  Investigating  Authorities  included  presentations  and  exchanges  on  topics 
including,  developments  in  legislation  and  practice,  challenges  related  to  resources  &  training  and 
conducting investigations during the pandemic as well as Administrative, Arbitral and Judicial Reviews.  In 
June 2023 the EU, on behalf of the 27 Member States, accepted the WTO Agreement on Fisheries Subsidies 
which had been concluded at the 12th Ministerial conference the previous year. The Agreement will enter 
into force once two-thirds of the WTO members have accepted it. The WTO negotiations continue on the 
outstanding issues to achieve a comprehensive agreement.  

Also  in  2023,  the  WTO  co-sponsor  members  taken  forward  the  subsidies  related  work  strands  under  the 
WTO  Fossil  Fuel  Subsidy  Reform  initiative31  and  on  Trade  and  Environmental  Sustainability  Structured 
Discussions32 

Trilateral cooperation with US and Japan continued throughout 2023 focussing on tackling market-distortive 
policies and practices, including subsidies that currently are not sufficiently addressed by WTO rules. While 
there were limited exchanges on coordination of tools and the rule-making side, it was acknowledged that the 
current ASCM rules are not well suited to capture all subsidy practices, particularly in China. In addition, the 
partners  concentrated  on  identifying  concrete  examples  and  exchanging  information  on  non-market 
behaviour across various sectors, and on potential tools to address the identified practices.    

31  
32  

https://www.wto.org/english/tratop_e/envir_e/fossil_fuel_e.htm 
https://www.wto.org/english/tratop_e/tessd_e/tessd_e.htm 

69 

 
 
 
 
 
 
 
 
 
 
ANNEXES 

SUMMARY 

LIST OF ANNEXES 

ANNEX A 

New investigations initiated during the period 1 January - 31 December 2023 

ANNEX B 

New investigations initiated 

ANNEX C 

New investigations concluded by the imposition of provisional duties during the period 1 
January - 31 December 2023 

ANNEX D 

New investigations concluded by the imposition of definitive duties during the period 1 
January - 31 December 2023 

ANNEX E 

New investigations terminated without imposition of measures during the period 1 
January - 31 December 2023 

ANNEX F 

Expiry reviews initiated or concluded during the period 1 January - 31 December 2023 

ANNEX G 

Interim reviews initiated or concluded during the period 1 January - 31 December 2023 

ANNEX H 

Other reviews concluded during the period 1 January - 31 December 2023 

ANNEX I 

New exporter reviews initiated or concluded during the period 1 January - 31 December 
2023 

ANNEX J 

Anti-absorption investigations initiated or concluded during the period 1 January - 31 
December 2023 

ANNEX K 

Anti-circumvention investigations initiated or concluded during the period 1 January - 31 
December 2023 

ANNEX L 

Safeguard investigations initiated or concluded during the period 1 January - 31 
December 2023 

ANNEX M 

Undertakings accepted or repealed during the period 1 January - 31 December 2023 

ANNEX N 

Measures which expired during the period 1 January - 31 December 2023 

ANNEX O 

Definitive anti-dumping measures in force on 31 December 2023 

ANNEX P 

Definitive anti-subsidy measures in force on 31 December 2023 

ANNEX Q 

Undertakings in force on 31 December 2023 

ANNEX R 

Anti-dumping & anti-subsidy investigations pending on 31 December 2023 

70 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ANNEXES 

SUMMARY 

ANNEX S 

Court cases 

ANNEX T 

Safeguard and surveillance measures in force on 31 December 2023 

ANNEX  A 

New investigations initiated 

during the period 1 January - 31 December 2023 

A. Anti-dumping investigations (chronological by date of publication) 

Product 

Country of 
origin 

OJ Reference 

Electrolytic manganese dioxides (certain) 

Polyethylene terephthalate (PET) 

Alkyl Phosphate Esters (certain) 

Mobile access equipment 

Titanium dioxide 

Polyvinyl Chloride 

People's Republic of 
China 

People's Republic of 
China 

People's Republic of 
China 

People's Republic of 
China 

People's Republic of 
China 

16.02.2023 
C57/11 
[AD692] 

30.03.2023 
C115/5 
[AD693] 

11.08.2023 
C282/4 
[AD694] 

13.11.2023 
C/2023/783 
[AD698] 

13.11.2023 
C/2023/786 
13.11.2023 
[AD696] 

Egypt 
United States of 
America 

15.11.2023 
C/2023/1033 
[AD697] 

Optical fibre cables (OFC) 

India 

16.11.2023 
C/2023/891 
[AD695] 

71 

 
 
 
 
 
 
 
 
Product 

Country of 
origin 

OJ Reference 

Erythritol 

Biodiesel 

People's Republic of 
China 

People's Republic of 
China 

21.11.2023 
C/2023/1020 
[AD699] 

20.12.2023 
C/2023/1574 
[AD700] 

B. Anti-subsidy investigations (chronological by date of publication) 

Product 

Country of 
origin 

OJ Reference 

New battery electric vehicles for passengers 

Alkyl Phosphate Esters (certain) 

People's Republic of 
China 

People's Republic of 
China 

04.10.2023 
C/2023/160 
[AS689] 

21.12.2023 
C/2023/1567  
[AS701] 

72 

 
 
 
 
ANNEX  B 

A) New investigations initiated by product sector during the period 2019 - 
2023 (31 December) 

Product sector 

2019 

2020 

2021 

2022 

2023 

Aluminium 

Ceramics 

Chemical & allied 

Electronics 

Iron & steel 

Minerals 

Other 

Other mechanical engineering 

Other metals 

Plastics & Rubber 

Textiles 

Wood and paper 

Of which 

anti-dumping 

anti-subsidy 

1 

- 

- 

- 

7 

- 

7 

- 

- 

- 

- 

1 

16 

11 

5 

4 

- 

2 

2 

6 

- 

- 

- 

- 

- 

- 

1 

15 

12 

3 

- 

2 

2 

2 

6 

- 

1 

- 

- 

1 

- 

- 

14 

11 

3 

- 

- 

1 

- 

3 

- 

- 

- 

- 

- 

1 

- 

5 

4 

1 

- 

- 

4 

1 

- 

- 

3 

1 

- 

3 

- 

- 

12 

10 

2 

73 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
B) New investigations initiated by country of export during the period 2019 - 
2023 (31 December) 

Country of origin 

2019 

2020 

2021 

2022 

2023 

Bahrain 

Brazil 

Egypt 

India 

Indonesia 

Morocco 

People's Republic of China 

Republic of Korea 

Russian Federation 

Saudi Arabia 

Taiwan 

Türkiye 

United States of America 

1 

- 

4 

- 

2 

- 

7 

1 

- 

- 

1 

- 

- 

- 

- 

- 

1 

1 

- 

8 

- 

1 

1 

- 

2 

1 

- 

1 

- 

2 

2 

1 

4 

1 

1 

- 

- 

2 

- 

16 

15 

14 

- 

- 

- 

- 

1 

- 

3 

- 

- 

- 

- 

1 

- 

5 

- 

- 

1 

1 

- 

- 

9 

- 

- 

- 

- 

- 

1 

12 

74 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ANNEX  C 

Imposition of provisional duties 

during the period 1 January - 31 December 2023 

A. Anti-dumping investigations (chronological by date of publication) 

Product 

Country of 
origin 

Regulation NO 

OJ Reference 

Stainless steel refillable kegs 

People's Republic of 
China 

11.01.2023 

Bulb flat 

People's Republic of 
China 
Türkiye 

11.07.2023 

Electrolytic manganese dioxides (certain)  People's Republic of 

12.10.2023 

China 

Polyethylene terephthalate (PET) 

People's Republic of 
China 

27.11.2023 

12.01.2023 
L 10/36 
[AD689] 

12.07.2023 
L177/63 
[AD691] 

13.10.2023 
L/2023/2120 
[AD692] 

28.11.2023 
2023/2659 
[AD693] 

B. Anti-subsidy investigations (chronological by date of publication) 

Product 

Country of 
origin 

Regulation NO 

OJ Reference 

None 

- 

- 

- 

75 

 
 
 
 
 
 
 
 
 
 
 
 
ANNEX  D 

New investigations concluded by the imposition of definitive duties 

during the period 1 January - 31 December 2023 

A. Anti-dumping investigations (chronological by date of publication) 

Product 

Country of 
origin 

Regulation NO 

OJ Reference 

Aluminium road wheels 

Morocco 

11.01.2023 

Fatty Acid 

Indonesia 

18.01.2023 

Ceramic tiles 

India 
Türkiye 

09.02.2023 

Polyester yarn (High tenacity) 

People's Republic of 
China 

11.05.2023 

Stainless steel refillable kegs 

People's Republic of 
China 

03.07.2023 

12.01.2023 
L 10/1 
[AD686] 

19.01.2023 
l18/1 
[AD687] 

10.02.2023 
L 41/1 
[AD684] 

12.05.2023 
L127/58 
[AD690] 

04.07.2023 
L169/1 
[AD689] 

B. Anti-subsidy investigations (chronological by date of publication) 

Product 

Country of 
origin 

Regulation NO 

OJ Reference 

None 

- 

- 

- 

76 

 
 
 
 
 
 
 
 
 
 
 
 
ANNEX  E 

New investigations terminated without the imposition of measures 

during the period 1 January - 31 December 2023 

A. Anti-dumping investigations (chronological by date of publication) 

Product 

Country of 
origin 

Decision NO 

OJ Reference 

None 

B. Anti-subsidy investigations (chronological by date of publication) 

Product 

Country of 
origin 

Decision NO 

OJ Reference 

Fatty acid 

Indonesia 

- 

20.03.2023, OJ 
L80/99 

[AS688] 

77 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ANNEX  F 

Expiry reviews initiated or concluded 

during the period 1 January - 31 December 2023 

(chronological by date of publication) 

Initiated 

Product 

Country of 
origin 

OJ Reference 

Cast iron articles (certain) 

Corrosion resistant steel (CRS) 

Seamless pipes and tubes of iron or steel (certain) 

Steel ropes and cables 

Oxalic acid 

Seamless pipes and tubes of iron or steel 

Tyres for buses or lorries (new and retreaded) 

Lever arch mechanisms 

Tyres for buses or lorries (new and retreaded) 

People's Republic of 
China 

People's Republic of 
China 

People's Republic of 
China 

People's Republic of 
China 

27.01.2023 
C 30/11 
[R788] 

08.02.2023 
C 48/32 
[R790] 

03.03.2023 
C80/56 
[R792] 

14.04.2023 
C130/8 
[R793] 

India 
People's Republic of 
China 

30.06.2023 
C 230/160 
[R795] 

Russian Federation  02.10.2023 
C/2023/93   
[R801] 

People's Republic of 
China 

20.10.2023 
(C/2023/379) 
[R802] 

People's Republic of 
China 

People's Republic of 
China 

08.11.2023 
C/2023/614 
[R803] 

10.11.2023 
C/2023/711 
[R804] 

78 

 
 
 
 
 
 
Concluded: confirmation of duty 

Product 

Country of 
origin 

Regulation / 

Decision NO 

OJ Reference 

Aluminium road wheels (certain) 

People's Republic of 
China 

18.01.2023 

Sodium gluconate 

People's Republic of 
China 

12.04.2023 

Tubes and pipe fittings of stainless steel 
(butt-welding fittings) 

Polyester yarn (High tenacity) 

People's Republic of 
China 
Taiwan 

13.04.2023 

People's Republic of 
China 

11.05.2023 

Heavy plate of non-alloy or other alloy 
steel (certain) 

People's Republic of 
China 

16.05.2023 

Rebars 

Belarus 

30.05.2023 

Graphite electrode systems 

India 

06.06.2023 

Graphite electrode systems 

India 

06.06.2023 

Hot-rolled flat products of iron, non-alloy 
or other alloy steel (certain) 

People's Republic of 
China 

07.06.2023 

Hot-rolled flat products of iron, non-alloy 
or other alloy steel (certain) 

People's Republic of 
China 

07.06.2023 

Okoumé plywood 

People's Republic of 
China 

13.06.2023 

Thermal paper (certain lightweight ) 

Republic of Korea 

29.06.2023 

Glass fibre reinforcements (GFR) 

People's Republic of 
China 

13.07.2023 

79 

19.01.2023 
L18/66 
[R759] 

13.04.2023 
L100/16 
[R754] 

14.04.2023 
L101/22 
[R758] 

12.05.2023 
L127/1 
[R760] 

17.05.2023 
L133/214 
[R761] 

31.05.2023 
L141/16 
[R773] 

07.06.2023 
L147/27 
[R763] 

07.06.2023 
L147/5 
[R762] 

08.06.2023 
L148/45 
[R765] 

08.06.2023 
L148/84 
[R770] 

14.06.2023 
L 153/3 
[R764] 

30.06.2023 
L 166/76  
[R768] 

14.07.2023 
L 179/57 
[R767] 

 
 
 
 
Concluded: confirmation of duty 

Product 

Country of 
origin 

Regulation / 

Decision NO 

OJ Reference 

Seamless pipes and tubes of iron (other 
than cast iron) or steel (other than 
stainless steel) (certain) 

People's Republic of 
China 

13.07.2023 

Tungsten carbide, fused tungsten carbide 
and tungsten carbide simply mixed with 
metallic powder 

People's Republic of 
China 

08.08.2023 

Coated fine paper 

Coated fine paper 

Melamine 

People's Republic of 
China 

21.08.2023 

People's Republic of 
China 

21.08.2023 

People's Republic of 
China 

14.09.2023 

Hot-rolled flat products (of iron, non-alloy 
or other alloy steel)(certain) 

Brazil 
Iran 
Russian Federation 

12.12.2023 

Trichloroisocyanuric acid (TCCA) 

People's Republic of 
China 

13.12.2023 

14.07.2023 
L 179/9 
[R769] 

09.08.2023 
L 199/48 
[R772] 

22.08.2023 
L 207/1  
[R776] 

22.08.2023 
L 207/41 
[R775] 

15.09.2023 
L228/199 
[R774] 

13.12.2023 
2023/2758  
[R780] 

14.12.2023 
2023/2757  
[R786] 

Concluded: termination and repeal of the measures 

Product 

Country of 
origin 

Regulation / 

Decision NO 

OJ Reference 

Hot-rolled flat products (of iron, non-alloy 
or other alloy steel)(certain) 

Ukraine 

- 

17.02.2023 

OJ L50/56 

[R780] 

80 

 
 
 
 
 
 
 
 
 
 
ANNEX  G 

Interim reviews initiated or concluded 

during the period 1 January - 31 December 2023 

(chronological by date of publication) 

Initiated 

Product 

Country of 
origin 

OJ Reference 

Glass fibre woven fabrics (GFF) 

Türkiye (ext) 

Tyres for buses or lorries (new and retreaded) 

Tyres for buses or lorries (new and retreaded) 

Melamine 

People's Republic of 
China 

People's Republic of 
China 

People's Republic of 
China 

04.07.2023 
C236/7 
[R796] 

15.12.2023 
C/2023/1491 
[R806] 

15.12.2023 
C/2023/1500 
[R805] 

20.12.2023 
C/2023/1595 
[R808] 

Concluded: amendment of duty 

Product 

Country of 
origin 

Regulation / 

Decision NO 

High tenacity yarn of polyester 

People's Republic of 
China 

- 

Threaded tube or pipe cast fittings, of 
malleable cast iron 

People's Republic of 
China 

Woven and/or stitched glass fibre 
fabrics, certain 

Woven and/or stitched glass fibre 
fabrics, certain 

Türkiye 

Türkiye 

Tubes and pipes of ductile cast iron 

India 

81 

OJ Reference 

L 127; 12.05.2023, 
p.1 

L_2023_2202 ; 
17.10.2023 

L_2023_2169 ; 
18.10.2023 

L_2023_2158 ; 
18.10.2023 

L_2023_2605 ; 

 
 
 
 
 
 
 
 
 
 
 
Concluded: amendment of duty 

Product 

Country of 
origin 

Regulation / 

Decision NO 

OJ Reference 

23.11.2023 

Concluded by termination without amendment of duty 

Product 

Country of 
origin 

Regulation / 

Decision NO 

OJ Reference 

None 

- 

- 

- 

Concluded: termination and repeal of measures 

Product 

Country of 
origin 

Regulation / 

Decision NO 

OJ Reference 

None 

- 

- 

- 

82 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ANNEX  H 

Other reviews initiated or concluded 

during the period 1 January - 31 December 2023 

(chronological by date of publication) 

Initiated 

Product 

Country of 
origin 

OJ Reference 

None 

- 

- 

Concluded: confirmation/amendment of duty 

Product 

Country of origin 

Case NO 

OJ Reference 

Lightweight thermal paper 

Republic of Korea 

Electric bicycles 

Electric bicycles 

People's Republic of China 

People's Republic of China 

New and retreaded tyres for 
buses or lorries 

People's Republic of China 

New and retreaded tyres for 
buses or lorries 

People's Republic of China 

AD629a 

AD643a 

AS646a 

AD640a 

AS641a 

L 79; 17.03.2023, 
p.54 

L 80; 20.03.2023, 
p.41 

L 80; 20.03.2023, 
p.54 

L 96; 05.04.2023, p.9 

L 96; 05.04.2023, 
p.45 

Concluded: termination and repeal of measures 

Product 

Country of 
origin 

Regulation / 

Decision NO 

OJ Reference 

Biodiesel 

Argentina 

- 

Indonesia 

83 

28.09.2023, OJ 
L239/23 

[AD593] 

 
 
 
 
 
 
 
 
 
 
 
 
 
84 

 
 
 
 
ANNEX  I 

New exporter reviews initiated or concluded 

during the period 1 January - 31 December 2023 

(chronological by date of publication) 

A. Anti-dumping investigations 

Product 

Citric acid 

Melamine 

Trichloroisocyanuric acid 

Initiated 

Country of 
origin  
(consigned 
from) 

Regulation 
/ 

Decision NO 

People's Republic of 
China 

R789 

People's Republic of 
China 

R791 

People's Republic of 
China 

R794 

OJ Reference 

L 26; 30.01.2023, 
p.11 

L 64; 01.03.2023, 
p.12 

L 93; 31.03.2023, 
p.88 

Concluded: imposition/amendment of duty 

Product 

Country of 
origin  
(consigned 
from) 

Regulation / 

Decision NO 

OJ Reference 

Citric acid 

Melamine 

People's Republic of 
China 

16.10.2023 

People's Republic of 
China 

27.11.2023 

17.10.2023 
L/2023/2180 
[R789] 

28.11.2023 
L/2023/2653 
[R791] 

85 

 
 
 
 
 
 
 
 
 
 
Concluded: termination 

Product 

Country of 
origin  
(consigned 
from) 

Regulation / 

Decision NO 

OJ Reference 

Trichloroisocyanuric Acid (TCCA)  

People's Republic of 
China  

2023/2766 

14.12.2023 

[R794] 

B. Anti-subsidy investigations ("accelerated" investigations) 

Product 

Initiated 

Country of 
origin  
(consigned 
from) 

Regulation / 

Decision NO 

OJ Reference 

None 

- 

- 

- 

Concluded: imposition/amendment of duty 

Product 

Country of 
origin  
(consigned 
from) 

Regulation / 

Decision NO 

OJ Reference 

None 

- 

- 

- 

Product 

Concluded: termination 

Country of 
origin  
(consigned 
from) 

86 

Regulation / 

Decision NO 

OJ Reference 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Concluded: termination 

Product 

Country of 
origin  
(consigned 
from) 

Regulation / 

Decision NO 

OJ Reference 

None 

- 

- 

- 

87 

 
 
 
 
 
 
 
 
 
ANNEX  J 

Anti-absorption investigations initiated or concluded 

during the period 1 January - 31 December 2023 

(chronological by date of publication) 

Initiated 

Product 

Country of 
origin 

OJ Reference 

None 

- 

- 

Concluded with increase of duty 

Product 

Country of 
origin 

Regulation / 

Decision NO 

Optical fibre cables 

People’s Republic of 
China 

- 

OJ Reference 

L 199; 09.08.2023, 
p.34 

Concluded without increase of duty / termination 

Product 

Country of origin 

Regulation / 

Decision NO 

OJ Reference 

None 

- 

- 

- 

88 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ANNEX  K 

Anti-circumvention investigations initiated or concluded 

during the period 1 January - 31 December 2023 

(chronological by date of publication) 

Regulation / 
Decision NO 

OJ Reference 

Product 

Stainless steel cold-rolled flat products 
(SSCR) AS 

Stainless steel cold-rolled flat products 
(SSCR) AD 

Initiated 

Country of 
origin  
(consigned 
from) 

Indonesia 
Taiwan (ext) 
Türkiye (ext) 
Vietnam (ext) 

Indonesia 
Taiwan (ext) 
Türkiye (ext) 
Vietnam (ext) 

11.08.2023 

11.08.2023 

Biodiesel 

Birch plywood 

Indonesia 
People's Republic of 
China (ext) 

16.08.2023 

United Kingdom 
(ext) 

Russian Federation 
Kazakhstan (ext) 
Türkiye (ext) 

21.08.2023 

14.08.2023 
L202/10 
[R798] 

14.08.2023 
L202/16 
[R797] 

17.08.2023 
L 204/3 
[R800] 

22.08.2023 
L 207/77 
[R799] 

Concluded with extension of duty 

Product 

Country of 
origin  
(consigned 
from) 

Regulation NO 

OJ Reference 

Stainless steel tube and pipe butt-welding 
fittings, whether or not finished (Certain) 

Malaysia (ext) 

02.03.2023 

Stainless steel hot-rolled flat products 
(SSHR) 

Türkiye (ext) 

17.04.2023 

03.03.2023 
L67/119 
[R777] 

18.04.2023 
L103/12 

89 

 
 
 
 
 
 
 
Concluded with extension of duty 

Product 

Country of 
origin  
(consigned 
from) 

Regulation NO 

OJ Reference 

[R778] 

Concluded without extension of duty / termination 

Product 

Country of 
origin  
(consigned 
from) 

Regulation NO 

OJ Reference 

None 

- 

- 

- 

Exemptions granted and/or rejected 

Product 

Country of 
origin  
(consigned 
from) 

Regulation NO 

OJ Reference 

None 

- 

- 

- 

90 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ANNEX  L 

Safeguard review investigations initiated or concluded 

during the period 1 January - 31 December 2023 

(chronological by date of publication) 

Investigations initiated 

Product 

Country of 
origin 

OJ Reference 

Steel products (certain) 

Erga Omnes (ext) 

Steel products (certain) 

Erga Omnes (ext) 

30.03.2023 
C115/18 
[Safe009UKNITRQS] 

06.11.2023 
C/2023/591 
[Safe009UKNITRQS2
] 

Indica rice 

Myanmar 

19.01.2023 

Cambodia 

C 18/8  

[Safe008a] 

Investigations terminated without imposition of measures 

Product 

Country of 
origin 

Regulation / 

Decision NO 

OJ Reference 

None 

Issue of licences 

Product 

Country of 
origin 

Regulation / 

Decision NO 

OJ Reference 

None 

- 

- 

- 

91 

 
 
 
 
 
 
 
 
 
 
 
 
 
Safeguard measures which expired 

Product 

Country of 
origin 

Date of expiry 

None 

- 

- 

Concluded: imposition/amendment of duty 

Product 

Case nr 

Date of expiry 

Steel products 

Steel products 

Steel products 

SAFE009R6 

L 161; 27.06.2023, p.44  

SAFE009UKNITRQS 

L 166; 30.06.2023, p.98 

SAFE009UKNITRQS2  L_2023_2840 ; 15.12.2023 

92 

 
 
 
 
 
 
 
 
 
ANNEX  M 

Undertakings accepted or repealed 

during the period 1 January - 31 December 2023 

(chronological by date of publication) 

Undertakings accepted 

Product 

Country of 
origin 

Regulation NO 

OJ Reference 

None 

- 

- 

- 

Undertakings withdrawn or repealed 

Product 

Country of 
origin 

Regulation NO 

OJ Reference 

None 

- 

- 

- 

Undertakings which expired/lapsed 

Product 

Country of 
origin 

Original 
measure(s) & 
OJ Reference 

OJ Reference 

None 

- 

- 

- 

93 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ANNEX  N 

Measures which expired / lapsed 

during the period 1 January - 31 December 2023 

(chronological by date of publication) 

A. Anti-dumping investigations (chronological by date of publication) 

Product 

Country of 
origin 

Original 
measure  
& OJ Reference 

OJ Reference 

Tartaric acid 

The People's 
Republic of China 

Seamless pipes and tubes of iron or steel  Ukraine 

94 

28.6.2023 

OJ C 226/9 

Commission 
Implementing 
Regulation (EU) 
2018/921 of 28 June 
2018 imposing a 
definitive anti-
dumping duty on 
imports of tartaric 
acid originating in 
the People's 
Republic of China 
following an expiry 
review pursuant to 
Article 11(2) of 
Regulation (EU) 
2016/1036 of the 
European Parliament 
and of the Council 
(OJ L 164, 29.6.2018, 
p. 14) 

2.10.2023 

OJ C/2023/5 

Commission 
Implementing 
Regulation (EU) 
2018/1469 of 1 
October 2018 
imposing a definitive 
anti-dumping duty 
on imports of certain 
seamless pipes and 
tubes, of iron or 

 
 
 
 
Product 

Country of 
origin 

Original 
measure  
& OJ Reference 

OJ Reference 

steel, originating in 
Russia and Ukraine, 
following an expiry 
review pursuant to 
Article 11(2) of 
Regulation (EU) 
2016/1036 of the 
European Parliament 
and of the Council 
(OJ L 246, 2.10.2018, 
p. 20) 

B. Anti-subsidy investigations (chronological by date of publication) 

Product 

Country of 
origin 

Original 
measure  
& OJ Reference 

OJ Reference 

None 

- 

- 

- 

95 

 
 
 
 
 
 
 
ANNEX  O 

Definitive anti-dumping measures in force on 31 December 2023 

A. Ranked by product (alphabetical) 

Case 
no. 

Product name 

Country 

Extension 

Entry into 
force date 

R727 

Acesulfame Potassium (ACE-K) 

AD673  Aluminium converter foil 

AD664  Aluminium extrusions 

AD668  Aluminium flat-rolled products 

R730 

Aluminium foil (certain) 

R732 

Aluminium foil (jumbo rolls) 

R733 

Aluminium foil (small rolls) 

R684 

Aluminium foil in rolls 

R676 

Aluminium radiators (certain) 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

96 

01-11-
2015 

09-12-
2021 

31-01-
2021 

12-10-
2021 

07-10-
2009 

16-09-
2021 

16-09-
2021 

14-03-
2013 

10-11-
2012 

Thailand 

Thailand 

 
 
 
 
 
  
  
  
  
  
  
  
AD686  Aluminium road wheels  

R759 

Aluminium road wheels (certain) 

R706 

Ammonium nitrate 

R742 

Aspartame 

R688 

Bicycles 

R688 

Bicycles 

R688 

Bicycles 

R688 

Bicycles 

R688 

Bicycles 

R688 

Bicycles 

R688 

Bicycles 

R688 

Bicycles 

R688 

Bicycles 

AD643  Bicycles (electric) 

97 

Morocco 

People's 
Republic of 
China 

Russian 
Federation 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 

13-01-
2023 

29-10-
2010 

24-08-
1995 

30-07-
2016 

18-01-
1997 

People's 
Republic 
of China 

Philippine
s 

20-05-
2015 

Cambodia 

Tunisia 

Malaysia 

Indonesia 

Sri Lanka 

Pakistan 

20-05-
2015 

06-06-
2013 

09-09-
1993 

06-06-
2013 

06-06-
2013 

06-06-
2013 

20-05-
2015 

19-01-

 
 
 
  
  
  
  
  
  
R723 

Biodiesel 

R723 

Biodiesel 

AD672  Birch Plywood 

AD679  Calcium silicon 

AD637  Cast iron articles (certain) 

AD684  Ceramic tiles 

R650 

Ceramic tiles 

AD684  Ceramic tiles 

R678 

Chamois leather 

R717 

Citric acid 

R717 

Citric acid 

R709 

Citrus fruits (namely mandarins, etc.) 

R775 

Coated fine paper 

R745 

Cold-rolled flat steel products 

98 

China 

United States of 
America 

United States of 
America 

Canada 

Russian 
Federation 

People's 
Republic of 
China 

People's 
Republic of 
China 

India 

People's 
Republic of 
China 

Türkiye 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 

Malaysia 

2019 

13-03-
2009 

12-05-
2011 

10-11-
2021 

25-03-
2022 

31-01-
2018 

11-02-
2023 

16-09-
2011 

11-02-
2023 

15-09-
2006 

16-01-
2016 

04-12-
2008 

31-12-
2008 

15-05-
2011 

05-08-
2016 

 
 
 
  
  
  
  
  
  
  
  
  
  
  
  
R745 

Cold-rolled flat steel products 

AD639  Corrosion resistant steel (CRS) 

AD682  Corrosion resistant steels 

China 

Russian 
Federation 

People's 
Republic of 
China 

Russian 
Federation 

AD682  Corrosion resistant steels 

Türkiye 

R736 

Ductile pipes (tubes and pipes of ductile 
cast iron) 

India 

AD683 

Electrolytic chromium  coated steel 
(ECCS) 

AD683 

Electrolytic chromium  coated steel 
(ECCS) 

AD687  Fatty Acid 

R698 

Ferro-silicon 

R698 

Ferro-silicon 

R648 

Glass fibre open mesh fabrics 

R648 

Glass fibre open mesh fabrics 

R648 

Glass fibre open mesh fabrics 

R648 

Glass fibre open mesh fabrics 

R648 

Glass fibre open mesh fabrics 

Brazil 

People's 
Republic of 
China 

Indonesia 

People's 
Republic of 
China 

Russian 
Federation 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 

99 

05-08-
2016 

09-02-
2018 

13-08-
2022 

13-08-
2022 

19-03-
2016 

15-11-
2022 

15-11-
2022 

20-01-
2023 

29-02-
2008 

29-02-
2008 

17-01-
2013 

21-12-
2013 

17-01-
2013 

21-12-
2013 

25-07-

Taiwan 

Indonesia 

Thailand 

India 

Malaysia 

 
 
 
  
  
  
  
  
  
  
  
  
  
R648 

Glass fibre open mesh fabrics 

R767 

Glass fibre reinforcements (GFR) 

Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

AD653  Glass fibre woven fabrics (GFF) 

Egypt 

R755 

Glass fibre woven fabrics (GFF) 

Egypt 

Türkiye 

Morocco 

Türkiye 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

Japan 

People's 
Republic of 
China 

Republic of 
Korea 

AD653  Glass fibre woven fabrics (GFF) 

R739 

Glass fibre woven fabrics (GFF) 

R755 

Glass fibre woven fabrics (GFF) 

R728 

Grain oriented flat-rolled products of 
silicon electrical steel (GOES) 

Grain oriented flat-rolled products of 
silicon electrical steel (GOES) 

Grain oriented flat-rolled products of 
silicon electrical steel (GOES) 

R728 

R728 

R728 

R728 

Grain oriented flat-rolled products of 
silicon electrical steel (GOES) 

Russian 
Federation 

Grain oriented flat-rolled products of 
silicon electrical steel (GOES) 

United States of 
America 

R762 

Graphite electrode systems 

India 

AD680  Graphite Electrode Systems 

People's 
Republic of 
China 

100 

2012 

10-08-
2011 

16-03-
2011 

07-04-
2020 

09-09-
2022 

07-04-
2020 

26-02-
2022 

09-09-
2022 

31-10-
2015 

31-10-
2015 

31-10-
2015 

31-10-
2015 

31-10-
2015 

19-09-
2004 

08-04-
2022 

 
 
 
  
  
  
  
  
  
  
  
  
  
  
Thailand 

R654 

Hand pallet trucks 

R654 

Hand pallet trucks and their essential 
parts 

R761 

Heavy plate of non-alloy or other alloy 
steel (certain) 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

AD665  Hot rolled flat products (HRFS) 

Türkiye 

R780 

R780 

R780 

Hot-rolled flat products (of iron, non-alloy 
or other alloy steel)(certain) 

Brazil 

Hot-rolled flat products (of iron, non-alloy 
or other alloy steel)(certain) 

Iran 

Hot-rolled flat products (of iron, non-alloy 
or other alloy steel)(certain) 

Russian 
Federation 

R765 

Hot-rolled flat products of iron, non-alloy 
or other alloy steel (certain) 

AD676 

Iron or steel fasteners 

R549 

Ironing boards 

R693 

Ironing boards 

R675 

Lever Arch Mechanisms 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

R692 

R692 

Malleable tube fittings (threaded, of cast 
iron)(MTF) 

Malleable tube fittings (threaded, of cast 
iron)(MTF) 

Thailand 

101 

22-07-
2005 

01-03-
2017 

07-07-
2021 

07-10-
2017 

07-10-
2017 

07-10-
2017 

07-04-
2017 

18-02-
2022 

27-04-
2007 

27-04-
2007 

28-07-
2006 

15-05-
2013 

15-05-
2013 

 
 
 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
R774 

Melamine 

R744 

Molybdenum wires 

R744 

Molybdenum wires 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

Malaysia 

AD671  Mono Ethylene Glycol (MEG) 

Saudi Arabia 

AD671  Mono Ethylene Glycol (MEG) 

United States of 
America 

R712 

Monosodium glutamate (MSG) 

Indonesia 

R712 

Monosodium glutamate (MSG) 

R764 

Okoumé plywood 

AD669  Optical fibre cables (OFC) 

R683 

Organic coated steel products (certain) 

R672 

Oxalic acid 

R672 

Oxalic acid 

R697 

Peroxosulphates (persulphates) 

R760 

Polyester yarn (High tenacity) 

102 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

India 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

14-05-
2011 

17-06-
2010 

13-01-
2012 

16-11-
2021 

16-11-
2021 

23-01-
2015 

03-12-
2008 

13-11-
2004 

19-11-
2021 

16-03-
2013 

19-04-
2012 

19-04-
2012 

12-10-
2007 

02-12-
2010 

 
 
 
  
  
  
  
  
  
  
  
  
  
  
  
  
AD690  Polyester yarn (High tenacity) 

AD654  Polyvinyl alcohol (certain) (PVA) 

R721 

PSC wires and strands 

R773 

Rebars 

R738 

Ring binder mechanisms 

R738 

Ring binder mechanisms 

R738 

Ring binder mechanisms 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

Belarus 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

Seamless pipes and tubes of iron (other 
than cast iron) or steel (other than 
stainless steel) (certain) 

People's 
Republic of 
China 

R769 

Vietnam 

Lao 
People's 
Democrati
c Republic 

R665 

Seamless pipes and tubes of iron or steel 

R657 

Seamless pipes and tubes of stainless 
steel (certain)(SSSPT) 

R743 

Silicon  

R743 

Silicon  

R743 

Silicon  

103 

Russian 
Federation 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

Republic 
of Korea 

Taiwan 

13-05-
2023 

30-09-
2020 

14-05-
2009 

18-06-
2017 

02-07-
2004 

13-01-
2006 

25-01-
1997 

13-05-
2017 

30-06-
2006 

21-12-
2011 

29-07-
1990 

20-01-
2007 

06-04-
2013 

 
 
 
  
  
  
  
  
  
  
  
  
R741 

Sodium cyclamate 

AD626  Sodium cyclamate 

R741 

Sodium cyclamate 

R754 

Sodium gluconate 

R701 

Solar glass 

R722 

Stainless steel cold-rolled flat products 

Indonesia 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

R722 

Stainless steel cold-rolled flat products 

Taiwan 

AD670 

Stainless Steel Cold-Rolled products 
(SSCR) 

India 

AD670 

Stainless Steel Cold-Rolled products 
(SSCR) 

Indonesia 

AD658 

Stainless steel hot-rolled flat products 
(SSHR) 

Indonesia 

R778 

Stainless steel hot-rolled flat products 
(SSHR) 

Indonesia 

Türkiye 

AD658 

Stainless steel hot-rolled flat products 
(SSHR) 

AD658 

Stainless steel hot-rolled flat products 
(SSHR) 

AD689  Stainless steel refillable kegs  

People's 
Republic of 
China 

Taiwan 

People's 
Republic of 
China 

R777 

Stainless steel tube and pipe butt-
welding fittings, whether or not finished 

People's 
Republic of 

Malaysia 

104 

12-03-
2004 

17-06-
2016 

12-03-
2004 

29-10-
2010 

15-05-
2014 

28-08-
2015 

28-08-
2015 

19-11-
2021 

19-11-
2021 

08-10-
2020 

19-04-
2023 

08-10-
2020 

08-10-
2020 

05-07-
2023 

04-03-
2023 

 
 
 
  
  
  
  
  
  
  
  
  
  
  
  
  
(Certain) 

AD652  Steel road wheels 

AD674  Steel wind towers 

R655 

Steel wire ropes and cables 

R655 

Steel wire ropes and cables 

R655 

Steel wire ropes and cables 

R716 

Sulphanilic acid 

AD681  Superabsorbent polymers 

R695 

Sweet corn (prepared or preserved in 
kernels) 

R687 

Tableware and kitchenware (ceramic) 

AD659  Thermal paper (certain heavyweight) 

R768 

Thermal paper (certain lightweight ) 

R786 

Trichloroisocyanuric acid (TCCA) 

R726 

Tube and pipe fittings of iron or steel  

R726 

Tube and pipe fittings of iron or steel  

105 

China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

Republic of 
Korea 

Thailand 

People's 
Republic of 
China 

Republic of 
Korea 

Republic of 
Korea 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 

05-03-
2020 

17-12-
2021 

12-05-
2010 

10-02-
2012 

18-08-
1999 

26-07-
2002 

07-04-
2022 

21-06-
2007 

16-05-
2013 

21-10-
2020 

04-05-
2017 

08-10-
2005 

04-04-
1996 

02-12-

Republic 
of Korea 

Morocco 

Sri Lanka 

 
 
 
  
  
  
  
  
  
  
  
  
  
  
R726 

Tube and pipe fittings of iron or steel  

R726 

Tube and pipe fittings of iron or steel  

R726 

Tube and pipe fittings of iron or steel  

China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

Indonesia 

Taiwan 

Philippine
s 

R682 

Tube and pipe fittings(certain) 

Malaysia 

Republic of 
Korea 

Russian 
Federation 

People's 
Republic of 
China 

R682 

Tube and pipe fittings(certain) 

R682 

Tube and pipe fittings(certain) 

R758 

R758 

R772 

Tubes and pipe fittings of stainless steel 
(butt-welding fittings) 

Tubes and pipe fittings of stainless steel 
(butt-welding fittings) 

Taiwan 

Tungsten carbide, fused tungsten 
carbide and tungsten carbide simply 
mixed with metallic powder 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

Lao 
People's 
Democrati
c Republic 

Thailand 

R685 

Tungsten electrodes 

R710 

Tungsten electrodes 

R710 

Tungsten electrodes 

AD640 

Tyres for buses or lorries (new and 
retreaded) 

106 

2004 

02-12-
2004 

15-04-
2000 

30-04-
2006 

25-08-
2002 

25-08-
2002 

25-08-
2002 

28-01-
2017 

28-01-
2017 

28-09-
1990 

14-03-
2007 

05-09-
2020 

05-09-
2020 

23-10-
2018 

 
 
 
  
  
  
  
  
  
  
  
AD649  Urea and ammonium nitrate (UAN) 

AD649  Urea and ammonium nitrate (UAN) 

AD649  Urea and ammonium nitrate (UAN) 

Russian 
Federation 

Trinidad 
&Tobago 

United States of 
America 

R713  Welded pipes and tubes (WPT) 

Belarus 

R713  Welded pipes and tubes (WPT) 

R713  Welded pipes and tubes (WPT) 

R725  Wire rods 

People's 
Republic of 
China 

Russian 
Federation 

People's 
Republic of 
China 

10-10-
2019 

10-10-
2019 

10-10-
2019 

20-12-
2008 

20-12-
2008 

20-12-
2008 

06-08-
2009 

B. Ranked by country (alphabetical) 

Case 
no. 

Country 

Product name 

Extension 

R773 

Belarus 

Rebars 

R713 

Belarus 

Welded pipes and tubes (WPT) 

AD683  Brazil 

Electrolytic chromium  coated steel 
(ECCS) 

R780 

Brazil 

Hot-rolled flat products (of iron, non-alloy 
or other alloy steel)(certain) 

Entry into 
force date 

18-06-2017 

20-12-2008 

15-11-2022 

07-10-2017 

107 

 
 
 
  
  
  
  
  
  
  
 
 
 
 
 
 
  
  
  
  
AD653  Egypt 

Glass fibre woven fabrics (GFF) 

07-04-2020 

R755 

Egypt 

Glass fibre woven fabrics (GFF) 

Türkiye 

09-09-2022 

AD684 

India 

Ceramic tiles 

R736 

India 

Ductile pipes (tubes and pipes of ductile 
cast iron) 

R762 

India 

Graphite electrode systems 

R672 

India 

Oxalic acid 

AD670 

India 

Stainless Steel Cold-Rolled products 
(SSCR) 

AD687 

Indonesia 

Fatty Acid 

R712 

Indonesia 

Monosodium glutamate (MSG) 

R741 

Indonesia 

Sodium cyclamate 

AD670 

Indonesia 

Stainless Steel Cold-Rolled products 
(SSCR) 

AD658 

Indonesia 

Stainless steel hot-rolled flat products 
(SSHR) 

11-02-2023 

19-03-2016 

19-09-2004 

19-04-2012 

19-11-2021 

20-01-2023 

23-01-2015 

12-03-2004 

19-11-2021 

08-10-2020 

R778 

Indonesia 

Stainless steel hot-rolled flat products 
(SSHR) 

Türkiye 

19-04-2023 

R780 

Iran 

Hot-rolled flat products (of iron, non-alloy 
or other alloy steel)(certain) 

R728 

Japan 

Grain oriented flat-rolled products of 
silicon electrical steel (GOES) 

R682 

Malaysia 

Tube and pipe fittings(certain) 

AD686  Morocco 

Aluminium road wheels  

07-10-2017 

31-10-2015 

25-08-2002 

13-01-2023 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

R727 

AD673 

AD664 

Acesulfame Potassium (ACE-K) 

01-11-2015 

Aluminium converter foil 

09-12-2021 

Aluminium extrusions 

31-01-2021 

108 

 
 
 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 

AD668 

R730 

R732 

R733 

R684 

R676 

R759 

R742 

R688 

R688 

R688 

R688 

R688 

Aluminium flat-rolled products 

12-10-2021 

Aluminium foil (certain) 

07-10-2009 

Aluminium foil (jumbo rolls) 

Thailand 

16-09-2021 

Aluminium foil (small rolls) 

Thailand 

16-09-2021 

Aluminium foil in rolls 

14-03-2013 

Aluminium radiators (certain) 

10-11-2012 

Aluminium road wheels (certain) 

29-10-2010 

Aspartame 

30-07-2016 

People's 
Republic of 
China 

18-01-1997 

Philippines 

20-05-2015 

Cambodia 

20-05-2015 

Tunisia 

06-06-2013 

09-09-1993 

Bicycles 

Bicycles 

Bicycles 

Bicycles 

Bicycles 

109 

 
 
 
  
  
  
  
  
  
  
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

R688 

R688 

R688 

R688 

AD643 

AD679 

AD637 

R650 

R678 

R717 

R717 

R709 

Bicycles 

Bicycles 

Bicycles 

Bicycles 

Malaysia 

06-06-2013 

Indonesia 

06-06-2013 

Sri Lanka 

06-06-2013 

Pakistan 

20-05-2015 

Bicycles (electric) 

19-01-2019 

Calcium silicon 

25-03-2022 

Cast iron articles (certain) 

31-01-2018 

Ceramic tiles 

16-09-2011 

Chamois leather 

15-09-2006 

Citric acid 

Malaysia 

16-01-2016 

Citric acid 

04-12-2008 

Citrus fruits (namely mandarins, etc.) 

31-12-2008 

110 

 
 
 
  
  
  
  
  
  
  
People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

R775 

R745 

AD639 

AD683 

R698 

R648 

R648 

R648 

R648 

R648 

R648 

R767 

Coated fine paper 

15-05-2011 

Cold-rolled flat steel products 

05-08-2016 

Corrosion resistant steel (CRS) 

09-02-2018 

Electrolytic chromium  coated steel 
(ECCS) 

15-11-2022 

Ferro-silicon 

29-02-2008 

Glass fibre open mesh fabrics 

Taiwan 

17-01-2013 

Glass fibre open mesh fabrics 

Indonesia 

21-12-2013 

Glass fibre open mesh fabrics 

Thailand 

17-01-2013 

Glass fibre open mesh fabrics 

India 

21-12-2013 

Glass fibre open mesh fabrics 

Malaysia 

25-07-2012 

Glass fibre open mesh fabrics 

10-08-2011 

Glass fibre reinforcements (GFR) 

AD653  People's 

Republic of 

Glass fibre woven fabrics (GFF) 

111 

16-03-2011 

07-04-2020 

 
 
 
  
  
  
  
  
  
  
  
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

R739 

R755 

R728 

AD680 

R654 

R654 

R761 

R765 

AD676 

R549 

R693 

R675 

Glass fibre woven fabrics (GFF) 

Morocco 

26-02-2022 

Glass fibre woven fabrics (GFF) 

Türkiye 

09-09-2022 

Grain oriented flat-rolled products of 
silicon electrical steel (GOES) 

31-10-2015 

Graphite Electrode Systems 

08-04-2022 

Hand pallet trucks 

22-07-2005 

Hand pallet trucks and their essential parts  Thailand 

Heavy plate of non-alloy or other alloy 
steel (certain) 

Hot-rolled flat products of iron, non-alloy or 
other alloy steel (certain) 

01-03-2017 

07-04-2017 

Iron or steel fasteners 

18-02-2022 

Ironing boards 

27-04-2007 

Ironing boards 

27-04-2007 

Lever Arch Mechanisms 

28-07-2006 

112 

 
 
 
  
  
  
  
  
  
  
  
  
  
People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

R692 

R774 

R744 

R744 

R712 

R764 

AD669 

R683 

R672 

R697 

R760 

AD690 

Malleable tube fittings (threaded, of cast 
iron)(MTF) 

Melamine 

15-05-2013 

14-05-2011 

Molybdenum wires 

17-06-2010 

Molybdenum wires 

Malaysia 

13-01-2012 

Monosodium glutamate (MSG) 

03-12-2008 

Okoumé plywood 

13-11-2004 

Optical fibre cables (OFC) 

19-11-2021 

Organic coated steel products (certain) 

16-03-2013 

Oxalic acid 

19-04-2012 

Peroxosulphates (persulphates) 

12-10-2007 

Polyester yarn (High tenacity) 

02-12-2010 

Polyester yarn (High tenacity) 

AD654  People's 

Republic of 

Polyvinyl alcohol (certain) (PVA) 

113 

13-05-2023 

30-09-2020 

 
 
 
  
  
  
  
  
  
  
  
  
  
  
  
R721 

R738 

R738 

R738 

R769 

R657 

R743 

R743 

R743 

AD626 

R741 

R754 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

PSC wires and strands 

14-05-2009 

Ring binder mechanisms 

Vietnam 

02-07-2004 

Ring binder mechanisms 

Lao 
People's 
Democratic 
Republic 

13-01-2006 

Ring binder mechanisms 

25-01-1997 

People's 
Republic of 
China 

Seamless pipes and tubes of iron (other 
than cast iron) or steel (other than 
stainless steel) (certain) 

Seamless pipes and tubes of stainless 
steel (certain)(SSSPT) 

Silicon  

Silicon  

Silicon  

13-05-2017 

21-12-2011 

29-07-1990 

Republic of 
Korea 

20-01-2007 

Taiwan 

06-04-2013 

Sodium cyclamate 

17-06-2016 

Sodium cyclamate 

12-03-2004 

Sodium gluconate 

29-10-2010 

114 

 
 
 
  
  
  
  
  
  
  
  
People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 

R701 

R722 

AD658 

AD689 

R777 

AD652 

AD674 

R655 

R655 

R655 

R716 

R687 

R786 

Solar glass 

15-05-2014 

Stainless steel cold-rolled flat products 

28-08-2015 

Stainless steel hot-rolled flat products 
(SSHR) 

08-10-2020 

Stainless steel refillable kegs  

05-07-2023 

Stainless steel tube and pipe butt-welding 
fittings, whether or not finished (Certain) 

Malaysia 

04-03-2023 

Steel road wheels 

05-03-2020 

Steel wind towers 

17-12-2021 

Steel wire ropes and cables 

Republic of 
Korea 

12-05-2010 

Steel wire ropes and cables 

Morocco 

10-02-2012 

Steel wire ropes and cables 

18-08-1999 

Sulphanilic acid 

26-07-2002 

Tableware and kitchenware (ceramic) 

Trichloroisocyanuric acid (TCCA) 

16-05-2013 

08-10-2005 

115 

 
 
 
  
  
  
  
  
  
  
  
  
  
R726 

R726 

R726 

R726 

R726 

R758 

R772 

R685 

R710 

AD640 

R713 

R725 

China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

Tube and pipe fittings of iron or steel  

04-04-1996 

Tube and pipe fittings of iron or steel  

Sri Lanka 

02-12-2004 

Tube and pipe fittings of iron or steel  

Indonesia 

02-12-2004 

Tube and pipe fittings of iron or steel  

Taiwan 

15-04-2000 

Tube and pipe fittings of iron or steel  

Philippines 

30-04-2006 

Tubes and pipe fittings of stainless steel 
(butt-welding fittings) 

People's 
Republic of 
China 

Tungsten carbide, fused tungsten carbide 
and tungsten carbide simply mixed with 
metallic powder 

28-01-2017 

28-09-1990 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

Tungsten electrodes 

14-03-2007 

Tungsten electrodes 

Tyres for buses or lorries (new and 
retreaded) 

Lao 
People's 
Democratic 
Republic 

05-09-2020 

23-10-2018 

Welded pipes and tubes (WPT) 

20-12-2008 

Wire rods 

06-08-2009 

116 

 
 
 
  
  
  
  
  
  
  
R710 

R728 

AD681 

AD659 

R768 

R682 

R706 

AD672 

R698 

R728 

R780 

R665 

R682 

People's 
Republic of 
China 

Tungsten electrodes 

Thailand 

05-09-2020 

Republic of 
Korea 

Grain oriented flat-rolled products of 
silicon electrical steel (GOES) 

Superabsorbent polymers 

31-10-2015 

07-04-2022 

Thermal paper (certain heavyweight) 

21-10-2020 

Thermal paper (certain lightweight ) 

04-05-2017 

Tube and pipe fittings(certain) 

25-08-2002 

Republic of 
Korea 

Republic of 
Korea 

Republic of 
Korea 

Republic of 
Korea 

Russian 
Federation 

Russian 
Federation 

Ammonium nitrate 

Birch Plywood 

R745 

Russian 
Federation  Cold-rolled flat steel products 

AD682 

Russian 
Federation  Corrosion resistant steels 

Russian 
Federation 

Ferro-silicon 

Russian 
Federation 

Grain oriented flat-rolled products of 
silicon electrical steel (GOES) 

Russian 
Federation 

Hot-rolled flat products (of iron, non-alloy 
or other alloy steel)(certain) 

24-08-1995 

10-11-2021 

05-08-2016 

13-08-2022 

29-02-2008 

31-10-2015 

07-10-2017 

Russian 
Federation 

Russian 
Federation 

Seamless pipes and tubes of iron or steel 

30-06-2006 

Tube and pipe fittings(certain) 

25-08-2002 

AD649 

Russian 
Federation  Urea and ammonium nitrate (UAN) 

R713 

Russian 
Federation  Welded pipes and tubes (WPT) 

10-10-2019 

20-12-2008 

117 

 
 
 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
AD671 

Saudi 
Arabia 

Mono Ethylene Glycol (MEG) 

R722 

Taiwan 

Stainless steel cold-rolled flat products 

AD658  Taiwan 

Stainless steel hot-rolled flat products 
(SSHR) 

R758 

Taiwan 

Tubes and pipe fittings of stainless steel 
(butt-welding fittings) 

R692 

Thailand 

Malleable tube fittings (threaded, of cast 
iron)(MTF) 

R695 

Thailand 

AD649 

Trinidad & 
Tobago 

Sweet corn (prepared or preserved in 
kernels) 

Urea and ammonium nitrate (UAN) 

AD684  Türkiye 

Ceramic tiles 

AD682  Türkiye 

Corrosion resistant steels 

AD665  Türkiye 

Hot rolled flat products (HRFS) 

Biodiesel 

16-11-2021 

28-08-2015 

08-10-2020 

28-01-2017 

15-05-2013 

21-06-2007 

10-10-2019 

11-02-2023 

13-08-2022 

07-07-2021 

13-03-2009 

United 
States of 
America 

United 
States of 
America 

United 
States of 
America 

United 
States of 
America 

United 
States of 
America 

R723 

R723 

R728 

AD671 

AD649 

Biodiesel 

Canada 

12-05-2011 

Grain oriented flat-rolled products of 
silicon electrical steel (GOES) 

31-10-2015 

Mono Ethylene Glycol (MEG) 

16-11-2021 

Urea and ammonium nitrate (UAN) 

10-10-2019 

118 

 
 
 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
 
ANNEX  P 

Definitive anti-subsidy measures in force on 31 December 2023 

A. Ranked by product (alphabetical) 

Product name 

Country 

Extensi
on 

Entry into 
force date 

Case 
no. 

AS67
5 

AS64
6 

AS64
4 

AS65
0 

Aluminium converter foil 

Bicycles (electric) 

Biodiesel 

Biodiesel 

R724  Biodiesel 

R724  Biodiesel 

R776  Coated fine paper 

People's Republic 
of China 

People's Republic 
of China 

Argentina 

Indonesia 

United States of 
America 

United States of 
America 

People's Republic 
of China 

Canada 

Ductile pipes (tubes and pipes of ductile 
cast iron) 

India 

Glass fibre reinforcements (GFR) 

Egypt 

R737 

AS65
7 

R708  Glass fibre reinforcements (GFR) 

People's Republic 
of China 

AS65
6 

Glass fibre woven fabrics (GFF) 

Egypt 

R756  Glass fibre woven fabrics (GFF) 

Egypt 

Türkiye 

AS65
6 

Glass fibre woven fabrics (GFF) 

People's Republic 
of China 

119 

23-12-
2021 

19-01-
2019 

13-02-
2019 

10-12-
2019 

12-05-
2011 

11-07-
2009 

15-05-
2011 

19-03-
2016 

26-06-
2020 

24-12-
2014 

16-06-
2020 

09-09-
2022 

16-06-
2020 

 
 
 
 
  
  
  
  
  
  
  
  
  
  
  
R740  Glass fibre woven fabrics (GFF) 

R756  Glass fibre woven fabrics (GFF) 

People's Republic 
of China 

Morocco 

People's Republic 
of China 

Türkiye 

R763  Graphite electrode systems 

India 

Hot-rolled flat products of iron, non-
alloy or other alloy steel (certain) 

People's Republic 
of China 

R770 

AS67
7 

Optical fibre cables (OFC) 

People's Republic 
of China 

People's Republic 
of China 

R686  Organic coated steel products (certain) 

R694  PET (Polyethylene terephtalate) 

India 

R702  Solar glass 

People's Republic 
of China 

AS67
8 

AS67
8 

Stainless steel cold-rolled flat products  

India 

Stainless steel cold-rolled flat products  

Indonesia 

R720  Trout (Rainbow) 

Türkiye 

AS64
1 

Tyres for buses or lorries (new and 
retreaded) 

People's Republic 
of China 

B. Ranked by country (alphabetical) 

26-02-
2022 

09-09-
2022 

19-09-
2004 

10-06-
2017 

20-01-
2022 

16-03-
2013 

01-12-
2000 

15-05-
2014 

17-03-
2022 

17-03-
2022 

28-02-
2015 

13-11-
2018 

Case 
no. 

AS64
4 

AS65
7 

Product name 

Country 

Extensio
n 

Entry into 
force date 

Biodiesel 

Argentina 

Glass fibre reinforcements (GFR) 

Egypt 

13-02-
2019 

26-06-
2020 

120 

 
 
 
  
  
  
  
  
  
  
  
  
  
 
 
  
  
AS67
8 

AS65
0 

AS67
8 

AS67
5 

AS64
6 

AS65
6 

Glass fibre woven fabrics (GFF) 

Egypt 

R756  Glass fibre woven fabrics (GFF) 

Egypt 

Türkiye 

Ductile pipes (tubes and pipes of ductile 
cast iron) 

R737 

R763  Graphite electrode systems 

India 

India 

R694  PET (Polyethylene terephtalate) 

India 

Stainless steel cold-rolled flat products  

India 

Biodiesel 

Indonesia 

Stainless steel cold-rolled flat products  

Indonesia 

Aluminium converter foil 

Bicycles (electric) 

R776  Coated fine paper 

R708  Glass fibre reinforcements (GFR) 

AS65
6 

Glass fibre woven fabrics (GFF) 

R740  Glass fibre woven fabrics (GFF) 

R756  Glass fibre woven fabrics (GFF) 

121 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

Morocco 

Türkiye 

16-06-
2020 

09-09-
2022 

19-03-
2016 

19-09-
2004 

01-12-
2000 

17-03-
2022 

10-12-
2019 

17-03-
2022 

23-12-
2021 

19-01-
2019 

15-05-
2011 

24-12-
2014 

16-06-
2020 

26-02-
2022 

09-09-
2022 

 
 
 
  
  
  
  
  
  
  
  
  
  
  
  
Hot-rolled flat products of iron, non-alloy or 
other alloy steel (certain) 

R770 

AS67
7 

Optical fibre cables (OFC) 

R686  Organic coated steel products (certain) 

R702  Solar glass 

AS64
1 

Tyres for buses or lorries (new and 
retreaded) 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

People's 
Republic of 
China 

R720  Trout (Rainbow) 

Türkiye 

R724  Biodiesel 

R724  Biodiesel 

United States 
of America 

Canada 

United States 
of America 

10-06-
2017 

20-01-
2022 

16-03-
2013 

15-05-
2014 

13-11-
2018 

28-02-
2015 

12-05-
2011 

11-07-
2009 

122 

 
 
 
  
  
  
  
  
  
  
 
ANNEX  Q 

Undertakings in force on 31 December 2023 

A. Ranked by product (alphabetical) 

Product 

Origin 

Measure 

Regulation 
NO 

OJ 
Reference 

Biodiesel 

Argentina 

Undertakings 

COMMISSION 
IMPLEMENTING 
DECISION (EU) 
2019/245 

12.2.2019 
L40/71 
[AS644] 

of 11 February 
2019 

Citric acid 

People's 
Republic of 
China 

Undertakings 

COMMISSION 
DECISION of 2 
December 2008  
02.12.2008 

03.12.2008 
L323/62 
[AD522] 

B. Ranked by country (alphabetical) 

Origin 

Product 

Measure 

Argentina 

Biodiesel 

Undertakings 

People's 
Republic of 
China 

Citric acid 

Undertakings 

Regulation 
NO 

OJ 
Reference 

COMMISSION 
IMPLEMENTING 
DECISION (EU) 
2019/245 

12.2.2019 
L40/71 
[AS644] 

of 11 February 
2019 

COMMISSION 
DECISION of 2 
December 2008  
02.12.2008 

03.12.2008 
L323/62 
[AD522] 

123 

 
 
 
 
 
 
 
 
 
ANNEX  R 

Anti-dumping & anti-subsidy investigations pending 

on 31 December 2023 

A. New investigations (ranked by product - in alphabetical order) 

Case 
no. 

AD69
4 

AS70
1 

AD70
0 

AD69
1 

AD69
1 

Product name 

Initiation  
date 

Instru
ment 

Country 

Alkyl Phosphate Esters (certain) 

11-08-2023  AD 

Alkyl Phosphate Esters (certain) 

21-12-2023  AS 

Biodiesel 

20-12-2023  AD 

People's Republic of 
China 

People's Republic of 
China 

People's Republic of 
China 

Bulb flat 

Bulb flat 

14-11-2022  AD 

Türkiye 

14-11-2022  AD 

AD69
2 

Electrolytic manganese dioxides 
(certain) 

16-02-2023  AD 

AD69
9 

AD69
8 

Erythritol 

21-11-2023  AD 

Mobile access equipment  

13-11-2023  AD 

AS68
9 

New battery electric vehicles for 
passengers 

04-10-2023  AS 

People's Republic of 
China 

People's Republic of 
China 

People's Republic of 
China 

People's Republic of 
China 

People's Republic of 
China 

AD69
5 

AD69
3 

AD69
7 

AD69

Optical fibre cables (OFC) 

16-11-2023  AD 

India 

Polyethylene terephthalate (PET)  

30-03-2023  AD 

People's Republic of 
China 

Polyvinyl Chloride 

15-11-2023  AD 

Egypt 

Polyvinyl Chloride 

15-11-2023  AD 

United States of 

124 

 
 
 
 
7 

AD69
6 

Titanium dioxide 

13-11-2023  AD 

America 

People's Republic of 
China 

B. Review investigations (ranked by product - in alphabetical order) 

Case 
no. 

Product name 

Initiation  
date 

Instr
ume
nt 

Country 

Extension 

R800 

Biodiesel 

17-08-2023  AS 

Indonesia 

R800 

Biodiesel 

17-08-2023  AS 

Indonesia 

People's 
Republic of 
China 

United 
Kingdom 

R799 

Birch plywood 

22-08-2023  AD 

R799 

Birch plywood 

22-08-2023  AD 

Russian 
Federation  Türkiye 

Russian 
Federation  Kazakhstan 

R788 

Cast iron articles (certain) 

27-01-2023  AD 

People's Republic of China 

R782 

Ceramic tiles 

22-11-2022  AD 

People's Republic of China 

R790 

Corrosion resistant steel 
(CRS) 

08-02-2023  AD 

People's Republic of China 

R781 

Glass fibre open mesh fabrics  04-11-2022  AD 

People's Republic of China 

R783 

Hand pallet trucks 

29-11-2022  AD 

People's Republic of China 

Safe008
a 

Safe008
a 

Indica rice 

19-01-2023  SFG  Myanmar 

Indica rice 

19-01-2023  SFG  Cambodia 

R803 

Lever arch mechanisms 

08-11-2023  AD 

People's Republic of China 

125 

 
 
 
 
 
 
 
 
 
R808 

Melamine 

20-12-2023  AD 

People's Republic of China 

R795 

Oxalic acid 

30-06-2023  AD 

People's Republic of China 

R795 

Oxalic acid 

30-06-2023  AD 

India 

R801 

R792 

R797 

R798 

R797 

R798 

R798 

R797 

Seamless pipes and tubes of 
iron or steel 

Seamless pipes and tubes of 
iron or steel (certain)  

Stainless steel cold-rolled flat 
products (SSCR) 

Stainless steel cold-rolled flat 
products (SSCR) 

Stainless steel cold-rolled flat 
products (SSCR) 

Stainless steel cold-rolled flat 
products (SSCR) 

Stainless steel cold-rolled flat 
products (SSCR) 

Stainless steel cold-rolled flat 
products (SSCR) 

02-10-2023  AD 

Russian Federation 

03-03-2023  AD 

People's Republic of China 

14-08-2023  AD 

Indonesia  Vietnam 

14-08-2023  AS 

Indonesia  Türkiye 

14-08-2023  AD 

Indonesia  Taiwan 

14-08-2023  AS 

Indonesia  Taiwan 

14-08-2023  AS 

Indonesia  Vietnam 

14-08-2023  AD 

Indonesia  Türkiye 

R793 

Steel ropes and cables 

14-04-2023  AD 

People's Republic of China 

R529a 

Tartaric acid 

07-09-2017  AD 

People's Republic of China 

R802 

R804 

R806 

R805 

Tyres for buses or lorries 
(new and retreaded) 

Tyres for buses or lorries 
(new and retreaded) 

Tyres for buses or lorries 
(new and retreaded) 

Tyres for buses or lorries 
(new and retreaded) 

20-10-2023  AD 

People's Republic of China 

10-11-2023  AS 

People's Republic of China 

15-12-2023  AS 

People's Republic of China 

15-12-2023  AD 

People's Republic of China 

126 

 
 
 
 
 
 
 
ANNEX  S 

Court cases 

A. Court cases pending before the Court of Justice of the European Union and the 
General Court on 31 December 2023 

C-412/22 

C-517/22 P 

C-688/22 P 

C-725/22 P 

C-95/23 P 

C-112/23 P 

C-252/23 P  

C-261/23 P 

C-269/23 P 

C-272/23 P 

C-554/23 P 

Court of Justice 

Autoridade Tributária e Aduaneira (request for preliminary ruling)  

Eurobolt B.V. and Others 

Methanol Holdings (Trinidad) v Commission (appeal against T-
744/19) 

Nevinnomyssky "Azot" and NAK "Azot" v Commission (appeal 
against T-865/19) 

Euranimi v Commission (appeal against T-769/21) 

Pelita Agung Agrindustri and Permata Hijau Palm Oleo v Commission 
(appeal against T-143/20) 

Euranimi v Commission 

Hengshi Egypt Fiberglass Fabrics and Jushi Egypt for Fiberglass 
Industry v Commission (appeal against T-301/20) 

Hengshi Egypt Fiberglass Fabrics and Jushi Egypt for Fiberglass 
Industry v Commission (appeal against T-480/20) 

Jushi Egypt for Fiberglass Industry v Commission (appeal against T-
540/20) 

Fertilizers Europe v Nevinnomysskiy Azot and NAK "Azot" (appeal 
against T-126/21) 

127 

 
 
 
 
 
 
 
 
 
C-568/23 P 

Commission v Nevinnomysskiy Azot and NAK "Azot" (appeal against 
T-126/21) 

C-772/23 P 

Euranimi vs European Commission (appeal against T-598/21) 

General Court 

T-733/19  

T-403/20 

T-660/20 

T-762/20 

T-763/20 

T-764/20 

T-629/21 

T-630/21 

T-2/22 

T-3/22 

T-32/22 

T-245/22 

T-246/22 

T-263/22 

T-348/22 

T-356/22 

T-445/22  

T-122/23 

T-165/23 

T-176/23 

T-187/23 

 Zhejiang Sunflower Light Energy Science & Technology LTD and 
Sunowe Solar GmbH c/ Commission  

Wuxi Suntech Power v Commission 

Zhejiang Beyondsun Green Energy Technology v Commission 

Sinopec Chongqing SVW Chemical and Others v Commission 

Inner Mongolia Shuangxin Environment-Friendly Material v 
Commission 

Anhui Wanwei Updated High-Tech Material Industry and Inner 
Mongolia Mengwei Technology v Commission 

Ereğli Demir ve Çelik Fabrikaları and Others v Commission 

Çolakoğlu Metalurji and Çolakoğlu Dış Ticaret v Commission 

Sveza Verkhnyaya Sinyachikha and others v Commission  

ZHPLK v Commission 

Vyatsky Plywood Mill / Commission  

PGTEX Morocco v Commission 

PGTEX Morocco v Commission 

CCCME v Commission 

PT Indonesia Ruipu Nickel and Chrome Alloy v Commission 

LG Chem, Ltd v Commission 

Columbus Stainless v Commission 

Ege İhracatçıları Birliği and Others v Commission 

Arkema France v Commission 

PT Musim Mas v Commission 

PT Permata Hijau Palm Oleo and PT Nubika Jaya v Commission 

128 

 
 
 
 
T-199/23 

T-230/23 

T-231/23 

T-378/23 

T-379/23 

Hansol Paper v Commission 

Hitit Seramik v Commission 

Akgün Seramik and Others v Commission 

Marcegaglia Specialties v Commission 

Çolakoğlu Metalurji v Commission 

B. 

Judgments, orders or other decisions rendered in 2023 

C-439/20 P 

C-441/20 P 

C-123/21 P 

C-478/21P 

C-747/21P 

C-748/21P 

C-268/22 

C-467/22 P 

C-764/22 P 

C-140/23 P(I)  

C-257/23 P 

T-500/17RENV 

T-781/17 

Court of Justice 

Commission v Jiangsu Seraphim Solar System (appeal against T-
110/17) 

Council v Jiangsu Seraphim Solar System and Commission (appeal 
against T-110/17) 

Changmao Biochemical Engineering v Commission (appeal against T-
541/18) 

China  Chamber  of  Commerce  for  Import  and  Export  of  Machinery 
and Electronic Products and Others v Commission (appeal against T-
254/18) 

PAO Severstal v Commission (appeal against T-753/16)  

NLMK v Commission (appeal against T-752/16)  

Vitol (request for preliminary ruling) 

Airoldi Metalli v Commission (appeal against T-328/21) 

Airoldi Metalli v Commission (appeal against T-1/22) 

Euranimi v Commission 

Hansol Paper Co., Ltd. v Commission (appeal against T-693/20) 

General Court 

Hubei Xinyegang Special Tube v Commission 

Kraftpojkarna v Commission 

129 

 
 
 
 
 
 
T-782/17 

T-301/20 

T-480/20 

T-540/20 

T-693/20 

T-126/21 

T-326/21 

T-598/21 

T-748/21 

T-81/22 

T-781/21 

T-782/21 

Wuxi Saijing Solar v Commission 

Hengshi Egypt Fiberglass Fabrics and Jushi Egypt for Fiberglass 
Industry v Commission 

Hengshi Egypt Fiberglass Fabrics and Jushi Egypt for 
Fiberglass Industry v Commission 

Jushi Egypt v Commission 

Hansol Paper v Commission 

Nevinnomysskiy Azot and NAK "Azot" v Commission 

Guangdong Haomei New Materials and Guangdong King Metal Light 
Alloy Technology v Commission 

Euranimi v Commission 

Hangzhou Dingsheng Industrial Group e.a. v Commission 

Euranimi v Commission  

EAA v Commission 

EAA v Commission 

130 

 
 
 
 
 
 
 
 
 
ANNEX  T 

Safeguard and surveillance measures in force on 31 December 2023 

A. Safeguard measures 

List of safeguard measures in force 

Product 

Country of 
origin 

Regulation / 

Decision NO 

OJ Reference 

Steel products 

Erga Omnes (ext) 

12.01.2023 

13.01.2023 
L 12/7 
[Safe009DSI] 

B. Surveillance measures 

List of surveillance measures in force 

Product 

Country of 
origin 

Regulation / 

Decision NO 

OJ Reference 

Renewable ethanol for fuel 

all 

(EU) 2023/1777 

L 228/247 

131 

 
 
 
 
 
 
 
 
 
 
 
Annex U 

Third country cases against the EU 

Investigations initiated during 2023 

Country 

Product 

Instrument 

Initiation 
Date 

Exporting MS 

Germany 

Germany, Spain, 
Italy, Cyprus, 
Netherlands, 
Poland, Portugal 

India 

India 

Sodium Cyanide 

Low Ash Metallurgical Coke 

Indonesia 

Artificial filament yarn 

Indonesia 

Cotton yarn 

Indonesia 

Indonesia 

Woven fabrics of artificial filament 
yarn 

Slag-wool, rock-wool and similar 
mineral wools, incl. intermixtures 
thereof, in bulk, sheets or rolls 

Indonesia 

Cotton fabric 

Madagascar 

Napkins and diapers 

Madagascar 

Concentrated milk 

Madagascar 

Flour 

Madagascar 

Woven sacks and sheaths of 
polypropylene 

AD 

SG 

SG 

SG 

SG 

SG 

SG 

SG 

SG 

SG 

SG 

31-03-
2023 

30-06-
2023 

27-10-
2023 

27-10-
2023 

27-10-
2023 

25-07-
2023 

27-10-
2023 

25-10-
2023 

11-02-
2023 

18-02-
2023 

27-12-
2023 

Philippines 

Liquefied Petroleum Gas (LPG) 

SG 

29-03-

Denmark, 
Germany, France, 

132 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
cylinders 

2023 

Latvia 

Türkiye 

Türkiye 

Fabrics, impregnated, coated, 
covered or laminated with 
polyurethane, imitation leather/others 

Woven Fabrics of Synthetic Filament 
Yarn and Woven Fabrics of Synthetic 
and Artificial Stable Fibers 

Türkiye 

hot rolled bars and rods 

Türkiye 

solar panels 

United States 

Paper shopping bags 

United States 

aluminium extrusions 

United States 

Tin mill products 

United States 

Mattresses 

AD 

AD 

SG 

AD 

AD 

AD 

AD 

AD 

25-01-
2023 

24-01-
2023 

03-11-
2023 

25-11-
2023 

20-06-
2023 

25-10-
2023 

07-02-
2023 

01-08-
2023 

Belgium, Germany, 
Spain, France, 
Italy, Netherlands, 
Austria, Romania 

Croatia 

Portugal 

Italy 

Germany, 
Netherlands 

Spain, Italy, 
Poland, Slovenia, 
Bulgaria 

133 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Measures imposed during 2023 

Country 

Product 

Instrument 

Type Of 
Measure 

Date Of 
Imposition 

04-03-
2023 

01-04-
2023 

24-10-
2023 

16-09-
2023 

01-11-
2023 

25-02-
2023 

29-11-
2023 

17-05-
2023 

30-11-
2023 

31-12-
2023 

Definitive 

Definitive 

Definitive 

Definitive 

Definitive 

Definitive 

Provisional 

Definitive 

Definitive 

Provisional 

Exporting MS 

Belgium, France 

Belgium, Germany, 
Spain, Ireland, Italy, 
Netherlands, Poland, 
Portugal, Slovenia 

Germany, Spain 

Denmark, Germany, 
France, Latvia 

Belgium, Germany, 
Netherlands 

Belgium, Italy, 
Portugal 

Belgium, Germany, 
Spain, France, Italy, 
Netherlands, Austria, 
Romania 

Definitive 

23-05-
2023 

Spain, France, 
Netherlands, Poland 

Gulf 
Cooperation 
Council 

Super absorbent 
polymer (SAP) 

AD 

India 

Isopropyl alcohol 

SG 

Madagascar 

Flour 

SG 

Madagascar 

Concentrated milk 

SG 

Madagascar 

Water and oil paints 

SG 

Mexico 

Philippines 

Steel beams (H and 
I) 

Liquefied Petroleum 
Gas (LPG) cylinders 

AD 

SG 

South Africa 

Frozen potato chips 

AD 

Tunisia 

Türkiye 

wire of iron or non-
alloy steel for 
springs. 

hot rolled bars and 
rods 

United States 

certain preserved 
mushrooms 

SG 

SG 

AD 

. 

134 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Measures in Force 

At 31-12-2023 

Country 

Product 

Instrumen
t 

Type Of 
Measure 

Date Of 
Impositio
n 

Argentina 

Sodium 
Benzoate 

AD 

Definitive 

Argentina 

Radiators 

AD 

Definitive 

Argentina 

Argentina 

Electrical 
terminals 

Straight 
handsaw blades 

AD 

Definitive 

AD 

Definitive 

Argentina 

Certain boilers 

AD 

Definitive 

Australia 

Ammonium 
nitrate 

AD 

Definitive 

Australia 

Railway wheels 

AD 

Definitive 

Australia 

A4 Copy paper 

AD 

Definitive 

Australia 

Steel reinforcing 
bar 

AD 

Definitive 

Australia 

Chrome bars 

AD 

Definitive 

Australia 

Q&T Steel Plate 

AD 

Definitive 

Australia 

Brazil 

Brazil 

Steel 
Reinforcing Bar 

Silicon electrical 
steel 

Monobutyl 
ethers of 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

135 

01-11-
2022 

22-11-
2019 

02-04-
2009 

21-02-
2008 

26-03-
2020 

29-05-
2019 

12-07-
2019 

02-04-
2019 

08-03-
2018 

08-09-
2016 

05-11-
2014 

19-11-
2015 

12-07-
2019 

22-04-

Exporting 
MS 

Netherlands 

Spain, Italy 

Germany 

Sweden 

Italy, 
Slovakia 

Sweden 

France 

Austria, 
Slovakia, 
Finland 

Greece, 
Spain 

Romania 

Finland, 
Sweden 

Spain 

Germany 

Germany 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ethylene glycol  

Brazil 

Frozen fries 

AD 

Definitive 

Brazil 

Brazil 

Brazil 

Brazil 

Brazil 

Brazil 

Brazil 

Brazil 

Ethanolamines 
and 
triethanolamines 

AD 

Definitive 

Adipic Acid 

AD 

Definitive 

Ethylene glycol 
monobutyl ether 

Plastic Tubes 
for Blood 
Collection 

Elastomeric 
rubber pipes 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

Nitrile Rubber 

AD 

Definitive 

Laminated steel 

AD 

Definitive 

Offset printing 
plates 

AD 

Definitive 

Canada 

Refined sugar 

AD 

Definitive 

Canada 

Wheat gluten 

AD 

Definitive 

Canada 

Refined sugar 

CVD 

Definitive 

2016 

17-02-
2017 

04-11-
2013 

01-04-
2015 

22-08-
2022 

30-04-
2015 

22-06-
2015 

13-08-
2018 

04-10-
2013 

05-03-
2015 

06-11-
1995 

23-04-
2021 

Belgium, 
Germany, 
France, 
Netherlands 

Germany 

Germany, 
France, Italy 

France 

Germany, 
United 
Kingdom 

Germany, 
Italy 

France 

Germany, 
Finland 

Belgium, 
Germany, 
United 
Kingdom 

Denmark, 
Germany, 
Netherlands, 
United 
Kingdom 

Belgium, 
Germany, 
France, 
Lithuania, 
Austria 

06-11-
1995 

European 
Union of 15 

Germany 

Canada 

Certain hot-
rolled carbon 
steel heavy 
plate and high-
strength low-

AD 

Definitive 

05-02-
2021 

136 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
alloy steel heavy 
plate 

Concrete 
reinforcing bar 

Canada 

AD 

Definitive 

Canada 

Steel plate 

AD 

Definitive 

Canada 

Concrete 
reinforcing bar 

AD 

Definitive 

Canada 

Copper tubes 

AD 

Definitive 

Canada 

China 

China 

China 

China 

China 

China 

Hot-rolled 
carbon steel 
plate and high-
strength low-
alloy steel plate 

Dispersion 
Unshifted 
Single-mode 
Optical Fiber 

Chloroprene 
Rubber 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

Unbleached 
sack paper 

AD 

Definitive 

Grain oriented 
flat-rolled steel 
(GOES) 

halogenated 
butyl rubber 

AD 

Definitive 

AD 

Definitive 

China 

Toluidine 

AD 

Definitive 

China 

meta-Cresol 

AD 

Definitive 

137 

04-06-
2021 

04-06-
2014 

04-05-
2017 

02-01-
2014 

09-01-
2004 

22-04-
2011 

10-05-
2005 

Italy 

Denmark, 
Italy 

Spain, 
Portugal 

Greece 

Czech 
Republic, 
Bulgaria, 
Romania 

Denmark, 
Germany, 
France, Italy, 
Netherlands 

Germany, 
France, 
European 
Union of 15 

09-04-
2016 

23-07-
2016 

20-08-
2018 

13-03-
2013 

15-01-
2021 

Austria, 
Finland, 
Sweden, 
Bulgaria 

Germany, 
Poland, 
United 
Kingdom 

Belgium, 
United 
Kingdom 

Germany 

Belgium, 
Denmark, 
Germany, 
Spain, 

Perchlorethylen
e 

AD 

Definitive 

30-05-
2014 

Germany, 
France 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
France, 
Ireland, 
Netherlands 

AD 

Definitive 

10-05-
2014 

Germany, 
France, Italy 

25-01-
2013 

Germany, 
France, 
Sweden 

20-12-
2020 

Belgium, 
Germany 

China 

China 

Alloy Seamless 
Tubes 

Ethylene Glycol 
Monobutyl Ether 

AD 

Definitive 

China 

EPDM 

AD 

Definitive 

China 

Potato Starch 

CVD 

Definitive 

China 

Polyamide-6 
(PA6) 

AD 

Definitive 

17-09-
2011 

22-04-
2010 

China 

Certain iron or 
steel fasteners 

AD 

Definitive 

29-06-
2010 

China 

Phenol 

AD 

Definitive 

06-09-
2019 

China 

Stainless Steel 
Billet and Hot-
rolled Stainless 
Steel Plate 
(Coil) 

AD 

Definitive 

23-07-
2019 

138 

Germany, 
France, 
Netherlands 

Belgium, 
Germany, 
Italy, 
Netherlands, 
Poland 

Germany, 
Spain, 
France, Italy, 
Netherlands, 
Poland, 
Sweden, 
United 
Kingdom 

Belgium, 
Denmark, 
Germany, 
Spain, 
France 

Belgium, 
Czech 
Republic, 
Denmark, 
Germany, 
Spain, 
France, 
Ireland, Italy, 
Luxembourg
, Hungary, 
Netherlands, 
Austria, 
Poland, 
Slovenia, 

 
 
 
 
 
 
 
 
 
 
China 

Potato Starch 

AD 

Definitive 

China 

Photographic 
paper 

AD 

Definitive 

Colombia 

Frozen fries 

AD 

Definitive 

Egypt 

Egypt 

Raw aluminium 
(Ingots, Billets & 
Wire Rod) 

Edam and 
Gouda Cheese 

SG 

Definitive 

AD 

Definitive 

Eurasian Economic 
Union 

Herbicides 

AD 

Definitive 

06-02-
2007 

23-03-
2012 

09-11-
2018 

15-04-
2021 

10-01-
2022 

18-06-
2019 

Slovakia, 
Finland, 
Sweden, 
United 
Kingdom 

Germany, 
France, 
Netherlands 

Netherlands, 
United 
Kingdom 

Belgium, 
Germany, 
Netherlands 

Spain 

Netherlands 

Belgium, 
Germany, 
France 

Gulf Cooperation 
Council 

Super absorbent 
polymer (SAP) 

AD 

Definitive 

04-03-
2023 

Belgium, 
France 

Gulf Cooperation 
Council 

Uncoated paper 
or paperboard in 
rols or sheets 
(other than 
Containerboard) 

AD 

Definitive 

India 

India 

India 

2-Ethyl Hexanol 

AD 

Definitive 

Acetone 

AD 

Definitive 

Isopropyl 
alcohol 

SG 

Definitive 

01-05-
2019 

29-03-
2016 

11-03-
2008 

01-04-
2023 

Spain, Italy, 
Poland 

Germany 

Belgium, 
Spain, Italy 

Belgium, 
Germany, 
Spain, 
Ireland, Italy, 
Netherlands, 
Poland, 
Portugal, 
Slovenia 

139 

 
 
 
 
 
 
 
 
 
 
 
 
 
India 

Toluene Di-
Isocyanate 

AD 

Definitive 

02-12-
2020 

India 

India 

Indonesia 

Methylene 
Chloride 

AD 

Definitive 

21-05-
2014 

19-02-
2016 

AD 

Definitive 

SG 

Definitive 

27-05-
2020 

Normal Butanol 
or N-Butyl 
Alcohol 

Curtains 
(Including 
Drapes), Interior 
Blinds, Bed 
Valances, and 
Other 
Furnishing 
Articles 

Indonesia 

Carpets 

SG 

Definitive 

17-02-
2021 

140 

Belgium, 
Czech 
Republic, 
Germany, 
Greece, 
Spain, Italy, 
Latvia, 
Hungary, 
Netherlands, 
Poland, 
Portugal, 
United 
Kingdom 

Belgium, 
Germany, 
Spain, 
France, Italy, 
Netherlands, 
Portugal, 
United 
Kingdom 

Germany 

Belgium, 
Denmark, 
Germany, 
Greece, 
Spain, 
France, Italy, 
Netherlands, 
Poland, 
Portugal, 
Sweden 

Belgium, 
Czech 
Republic, 
Denmark, 
Germany, 
Spain, 
France, 
Ireland, Italy, 
Netherlands, 
Austria, 
Poland, 
Portugal, 
Finland, 
Sweden, 

 
 
 
 
 
 
 
Bulgaria, 
Romania 

Indonesia 

Fructose syrup 

SG 

Definitive 

17-09-
2020 

France, 
Netherlands 

Belgium, 
Czech 
Republic, 
Denmark, 
Germany, 
Estonia, 
Greece, 
Spain, 
France, 
Ireland, Italy, 
Cyprus, 
Latvia, 
Lithuania, 
Luxembourg
, Hungary, 
Malta, 
Netherlands, 
Austria, 
Poland, 
Portugal, 
Slovenia, 
Slovakia, 
Finland, 
Sweden, 
Bulgaria, 
Romania, 
Croatia 

Belgium, 
Germany, 
Spain, Italy, 
Netherlands, 
Austria, 
Sweden, 
Romania 

Belgium, 
Czech 
Republic, 
Denmark, 
Germany, 
Greece, 
Spain, 

Indonesia 

Articles of 
Apparel 

SG 

Definitive 

12-11-
2021 

Indonesia 

Indonesia 

Yarn (other than 
sewing thread) 
of synthethic 
and artificial 
staple fibres) 

Cotton; Man-
Made Filaments; 
Man-Made 
Staple Fibres; 
Special Woven 
Fabrics; Knitted 
or Crocheted 

SG 

Definitive 

27-05-
2020 

SG 

Definitive 

27-05-
2020 

141 

 
 
 
 
 
 
Fabrics 

Indonesia 

Cigarette Paper 

SG 

Definitive 

30-11-
2021 

Indonesia 

Evaporators 

SG 

Definitive 

11-01-
2020 

142 

France, 
Ireland, Italy, 
Latvia, 
Lithuania, 
Luxembourg
, Hungary, 
Netherlands, 
Austria, 
Poland, 
Portugal, 
Slovenia, 
Slovakia, 
Finland, 
Sweden, 
Bulgaria, 
Romania, 
Croatia 

Czech 
Republic, 
Denmark, 
Germany, 
Spain, 
France, 
Lithuania, 
Hungary, 
Netherlands, 
Austria, 
Poland 

Belgium, 
Czech 
Republic, 
Denmark, 
Germany, 
Estonia, 
Greece, 
Spain, 
France, 
Ireland, Italy, 
Cyprus, 
Latvia, 
Lithuania, 
Luxembourg
, Hungary, 
Malta, 
Netherlands, 
Austria, 
Poland, 
Portugal, 
Slovenia, 

 
 
 
 
Slovakia, 
Finland, 
Sweden, 
Romania, 
Croatia 

Germany, 
Spain, 
France, Italy, 
Netherlands 

France, Italy, 
Netherlands, 
Sweden 

Spain, Italy 

Spain 

Italy 

France 

Finland 

Germany, 
France, 
Poland 

Belgium, 
France, 
Poland 

France 

Spain, 
France, Italy 

Indonesia 

Ceramic tiles 
and mosaic 

SG 

Definitive 

Indonesia 

Indonesia 

Korea/South 

Korea/South 

Korea/South 

Korea/South 

Lebanon 

Madagascar 

Madagascar 

H and I sections 
of other alloy 
steel 

Expansible 
polystyrene 

Stainless steel 
bar 

Stainless steel 
bar 

Butyl Glycol 
Ether 

Coated printing 
paper 

corn flakes, rice 
and roasted 
wheat 

Water and oil 
paints 

blankets and 
travelling rugs 

SG 

Definitive 

SG 

Definitive 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

SG 

Definitive 

SG 

Definitive 

Madagascar 

detergents 

SG 

Definitive 

Madagascar 

Flour 

SG 

Definitive 

Madagascar 

Pasta 

SG 

Definitive 

Madagascar 

Edible vegetable 
oils and 

SG 

Definitive 

143 

12-10-
2018 

21-01-
2015 

24-12-
2021 

30-07-
2004 

22-02-
2019 

06-12-
2016 

22-07-
2018 

26-09-
2019 

01-11-
2023 

31-08-
2021 

31-08-
2021 

24-10-
2023 

01-08-
2019 

31-08-
2020 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Madagascar 

margarines 

Concentrated 
milk 

SG 

Definitive 

Mexico 

Steel pipes 

AD 

Definitive 

Mexico 

Steel plate 

AD 

Definitive 

Mexico 

Mexico 

Mexico 

Mexico 

Morocco 

Morocco 

Hot rolled steel 
coils 

Steel plate 
produced in 
Romania 

Stranded wire 
ropes & cables 

Steel beams (H 
and I) 

Hot rolled steel 
sheets (tôles 
d'acier laminées 
à chaud 
enroulées ou 
non enroulées) 

Cold rolled steel 
sheets and 
plated or coated 
sheets 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

SG 

Definitive 

SG 

Definitive 

Morocco 

Insulin 

AD 

Definitive 

Morocco 

PVC 

AD 

Definitive 

Morocco 

Morocco 

Tubes and pipes 
iron or steel 
(Tubes et 
tuyaux en fer ou 
en acier) 

Wooden panels 
(Panneaux de 
bois revetus 

SG 

Definitive 

SG 

Definitive 

144 

16-09-
2023 

04-04-
2018 

01-05-
2019 

23-12-
2015 

22-09-
2005 

27-02-
2016 

25-02-
2023 

19-06-
2020 

07-09-
2015 

28-10-
2014 

14-07-
2017 

06-11-
2020 

20-09-
2019 

Spain 

Italy 

Germany, 
France 

Spain, 
Portugal 

Germany, 
Spain 

Spain 

Denmark 

Belgium, 
Germany, 
Spain, 
France, 
Portugal 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
New Zealand 

New Zealand 

Pakistan 

(PBR)) 

Preserved 
peaches 

Canned 
peaches 

Hydrogen 
Peroxide 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

Pakistan 

CR Coils/Sheets 

AD 

Definitive 

04-08-
2011 

09-03-
1998 

15-07-
2011 

03-02-
2022 

Philippines 

High-Density 
Polyethylene 
and Linear Low-
Density 
Polyethylene 
pellets and 
granules 

SG 

Definitive 

27-10-
2022 

Philippines 

Liquefied 
Petroleum Gas 
(LPG) cylinders 

SG 

Provisiona
l 

29-11-
2023 

Spain 

Greece 

Belgium 

Belgium, 
Germany, 
Spain, 
France, Italy, 
Cyprus, 
Netherlands, 
Finland, 
Sweden 

Belgium, 
Czech 
Republic, 
Denmark, 
Germany, 
Spain, 
France, Italy, 
Latvia, 
Lithuania, 
Netherlands, 
Austria, 
Finland, 
Sweden 

Denmark, 
Germany, 
France, 
Latvia 

SACU 

Pasta 

AD 

Definitive 

South Africa 

screws made of 
steel with 
hexagon heads 

SG 

Definitive 

South Africa 

Frozen chicken 

AD 

Definitive 

South Africa 

Frozen potato 

AD 

Definitive 

145 

17-03-
2022 

Latvia, 
Lithuania 

03-02-
2019 

27-02-
2015 

Belgium, 
Germany, 
France, Italy, 
Netherlands 

Germany, 
Netherlands, 
United 
Kingdom 

17-05-

Belgium, 
Germany, 

 
 
 
 
 
 
 
 
 
 
 
 
2023 

Netherlands 

SG 

Definitive 

24-07-
2020 

chips 

Bolt ends & 
screw studs, 
screw studding 
and other 
hexagonal nuts 

bolts with 
hexagon heads 
of iron or steel 
7318.15.43 
(different 
product from 
SFG Threaded 
fasteners 2019) 

Ropes & cables 
of iron or steel 

Frozen bone-in 
portion of fowls 
of gallus 
domesticus 

Hot-rolled flat in 
coils and not in 
coils 

South Africa 

South Africa 

South Africa 

South Africa 

Thailand 

SG 

Definitive 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

Thailand 

tin free steel 

AD 

Definitive 

Thailand 

Tinplate 

AD 

Definitive 

Tunisia 

Türkiye 

wire of iron or 
non-alloy steel 
for springs. 

Polyvinyl 
chloride (PVC) 

SG 

Definitive 

AD 

Definitive 

146 

Denmark, 
Germany, 
France, 
Hungary, 
Netherlands, 
Croatia 

Belgium, 
Denmark, 
Germany, 
France, 
Hungary, 
Netherlands, 
Croatia 

Germany, 
United 
Kingdom 

Denmark, 
Spain, 
Ireland, 
Poland 

Slovakia, 
Romania 

Belgium, 
Germany, 
Spain, 
France, Italy, 
Luxembourg
, 
Netherlands 

Belgium, 
Germany, 
Spain, 
France, 
Netherlands 

Belgium, 
Italy, 
Portugal 

Belgium, 
Germany, 
Greece, 
Italy, 

10-12-
2021 

28-08-
2002 

01-08-
2022 

27-05-
2003 

13-11-
2021 

13-11-
2021 

30-11-
2023 

06-02-
2003 

 
 
 
 
 
 
 
 
 
 
 
Hungary, 
Netherlands, 
Finland, 
Romania 

07-09-
2006 

Spain 

Greece 

07-05-
2019 

13-06-
2015 

06-08-
2015 

22-08-
2015 

Germany 

Belgium, 
Germany, 
Italy, United 
Kingdom 

Bulgaria 

Türkiye 

Fittings 

AD 

Definitive 

Türkiye 

Türkiye 

Woven fabrics 
of yarn and 
fibres. Anti 
circumvention 
investigation. 

Laminated 
flooring 

AD 

Definitive 

AD 

Definitive 

Türkiye 

Wall paper 

SG 

Definitive 

Türkiye 

Türkiye 

AC woven 
fabriccs of 
synthetic 
filament yarn 

Sodium 
Percarbonate 

AD 

Definitive 

AD 

Definitive 

02-03-
2018 

Germany, 
Sweden 

Türkiye 

Toothbrushes 

SG 

Definitive 

Türkiye 

Türkiye 

Türkiye 

Türkiye 

Türkiye 

Electrical water 
heaters 

Tubes and pipes 
of refined 
copper 

woven fabrics of 
synthetic and 
artificial staple 
fibres 

Polyurethane 
artificial leather 

Hot rolled steel 
alloy and non-
alloy 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

147 

03-02-
2018 

19-09-
2013 

17-10-
2017 

22-08-
2015 

15-06-
2022 

07-07-
2022 

Germany, 
Netherlands, 
Sweden 

Italy 

Greece 

Poland, 
Bulgaria 

Greece 

Belgium, 
Germany, 
Spain, 
France, Italy, 
Netherlands, 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
Türkiye 

Grinding balls 

SG 

Definitive 

Türkiye 

Türkiye 

Türkiye 

Poly(ethylene 
terephthalate) - 
PET 

yarn of 
polyamides and 
other nylon 

Synthetic staple 
fibres of 
polyesters 

SG 

Definitive 

SG 

Definitive 

SG 

Definitive 

27-07-
2022 

13-12-
2020 

21-11-
2019 

24-09-
2021 

Türkiye 

hot rolled bars 
and rods 

SG 

Provisiona
l 

31-12-
2023 

Ukraine 

Rubber plugs 

AD 

Definitive 

Ukraine 

Ukraine 

United Kingdom 

United States 

Sulphuric acid 
and oleum 

Fresh Cut 
Roses 

Certain steel 
products 

Steel concrete 
reinforcing bars 
x752 

SG 

Definitive 

SG 

Definitive 

SG 

Definitive 

AD 

Definitive 

United States 

Pasta 

CVD 

Definitive 

United States 

Pasta 

AD 

Definitive 

20-05-
2019 

01-09-
2018 

21-04-
2021 

01-07-
2021 

07-09-
2001 

24-07-
1996 

24-07-
1996 

148 

Romania 

Germany, 
Spain, 
France, 
Netherlands, 
Bulgaria 

Germany, 
Greece, 
Spain, Italy 

Germany, 
Italy, Poland, 
Slovakia 

Czech 
Republic, 
Ireland, 
Poland, 
Bulgaria, 
Romania 

Belgium, 
Germany, 
Spain, 
France, Italy, 
Netherlands, 
Austria, 
Romania 

Poland 

Germany 

Netherlands 

Poland 

Italy 

Italy 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
03-08-
1995 

20-01-
2016 

15-07-
2016 

15-09-
2016 

11-10-
2011 

12-09-
2016 

16-04-
2018 

05-05-
2017 

29-07-
2017 

07-02-
2018 

Germany 

Portugal 

Italy 

Italy 

Romania 

Netherlands, 
United 
Kingdom 

Germany, 
Italy 

Belgium, 
Germany, 
France, Italy, 
Austria 

Spain, Italy 

Germany, 
Italy 

Belgium 

United States 

Seamless line 
and pressure 
pipe 

AD 

Definitive 

United States 

Uncoated paper 

AD 

Definitive 

United States 

United States 

United States 

United States 

United States 

United States 

Corrosion-
resistant steel 

Corrosion-
resistant steel 

Seamless pipe 
small diameter 

Certain hot-
rolled steel flat 
products 

Certain Cold-
Drawn 
Mechanical 
Tubing of 
Carbon and 
Alloy Steel 

Carbon & alloy 
steel cut to 
lenght plate 

AD 

Definitive 

CVD 

Definitive 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

United States 

Finished Carbon 
Steel Flanges 

AD 

Definitive 

United States 

United States 

United States 

crystalline 
silicon 
photovoltaic 
(CSPV) cells 
(whether or not 
partially or fully 
assembled into 
other products) 

citric acid, 
sodium citrate, 
and potassium 
citrate (also in 
blends under 
HS 382499) 

Emulsion 
styrene-
butadiene 

SG 

Definitive 

AD 

Definitive 

25-07-
2018 

AD 

Definitive 

Poland 

12-09-
2017 

149 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
AD 

Definitive 

AD 

Definitive 

08-10-
2019 

France, 
Austria 

rubber (ESB 
rubber) 

Certain carbon 
and alloy steel 
wire rod 

United States 

CVD 

Definitive 

United States 

Ripe Olives 

AD 

Definitive 

United States 

United States 

United States 

United States 

United States 

United States 

Stainless steel 
butt-weld pipe 
fittings 

Strontium 
Chromate 

Certain carbon 
and alloy steel 
wire rod 

Non-oriented 
electrical steel 

Forged steel 
fittings 

Large Diameter 
Welded Pipes 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

United States 

common alloy 
aluminum sheet 

AD 

Definitive 

United States 

United States 

United States 

United States 

Prestressed 
Concrete Steel 
Wire Strand 

Forged Steel 
Fluid End 
Blocks 

Utility Scale 
Wind towers 

Forged Steel 
Fluid End 
Blocks 

AD 

Definitive 

AD 

Definitive 

AD 

Definitive 

CVD 

Definitive 

Italy 

Spain 

Italy 

19-03-
2018 

01-08-
2018 

23-02-
2001 

20-03-
2018 

18-11-
2014 

05-10-
2018 

27-02-
2019 

27-04-
2021 

09-04-
2021 

28-01-
2021 

16-08-
2021 

28-01-
2021 

Spain, Italy, 
United 
Kingdom 

Germany, 
Sweden 

Italy 

Greece 

Germany, 
Greece, 
Spain, Italy, 
Slovenia, 
Romania, 
Croatia 

Spain, Italy, 
Netherlands 

Germany, 
Italy 

Spain 

Germany, 
Italy 

United States 

Methionine 

AD 

Definitive 

23-07-
2021 

Spain, 
France 

150 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
United States 

Thermal paper 

AD 

Definitive 

30-09-
2021 

Germany, 
Spain 

United States 

United States 

certain 
preserved 
mushrooms 

Stainless steel 
plates in coils 

AD 

Definitive 

AD 

Definitive 

United States 

Sodium Nitrite 

AD 

Definitive 

United States 

Seamless pipe 

AD 

Definitive 

United States 

United States 

Brass sheet & 
strip 

Chlorinated 
isocyanurates 

AD 

Definitive 

AD 

Definitive 

United States 

acetone 

AD 

Definitive 

United States 

Ripe olives 

CVD 

Definitive 

Viet Nam 

semi-finished 
and finished 
products of 
alloy&non-alloy 
steel 

SG 

Definitive 

23-05-
2023 

21-05-
1999 

27-08-
2008 

04-03-
1997 

06-03-
1987 

24-06-
2005 

20-12-
2019 

01-08-
2018 

02-08-
2016 

Spain, 
France, 
Netherlands, 
Poland 

Belgium 

Germany 

Germany 

Germany, 
France, Italy 

Spain 

Belgium, 
Spain 

Spain 

151