Commission Implementing Regulation (EU) 2024/2732 of 24 October 2024 making imports of lysine originating in the People’s Republic of China subject to registration
Date: 2024-10-24
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: China, amino acid, animal feedingstuffs, anti-dumping measure, food additive, import (EU), originating product, surveillance concerning imports




L_202402732EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2024/2732


25.10.2024







            COMMISSION IMPLEMENTING REGULATION (EU) 2024/2732
of 24 October 2024
         
making imports of lysine originating in the People’s Republic of China subject to registration


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (‘the basic Regulation’) and in particular Article 14(5) thereof,


After informing the Member States,

Whereas:







(1)


On 23 May 2024, the European Commission (‘the Commission’) announced, by a notice published in the Official Journal of the European Union (2), the initiation of an anti-dumping proceeding with regard to imports into the Union of lysine originating in the People’s Republic of China.












(2)


This initiation followed a complaint lodged on 8 April 2024 by METEX NOOVISTAGO (3) on behalf of producers representing more than 25 % of the total Union production of lysine.





1.   PRODUCT SUBJECT TO REGISTRATION







(3)


The product subject to registration (‘the product concerned’) is lysine and its esters, salts thereof, and feed additives, consisting of dry weight basis of 68 % or more, but not more than 80 % of L-lysine sulphate, and not more than 32 % of other components such as carbohydrates and other amino acids.










(4)


The product concerned is currently classified under CN codes ex 2309 90 31 , ex 2309 90 96 , and 2922 41 00  (TARIC codes: 2309 90 31 41, 2309 90 31 49, 2309 90 96 41, 2309 90 96 49). The CN and TARIC codes are given for information only and without prejudice to a subsequent change in the tariff classification.




2.   REGISTRATION







(5)


Under Article 14(5) of the basic Regulation, imports of the product concerned may be made subject to registration for the purpose of ensuring that, if the investigation results in findings leading to the imposition of anti-dumping duties, those duties can, if the necessary conditions are fulfilled, be levied retroactively on the registered imports in accordance with the applicable legal provisions.










(6)


The Commission has decided to make imports of the product concerned subject to registration on its own initiative under to Article 14(5) of the basic Regulation. The conditions for retroactive collection of duties will be assessed in the regulation imposing definitive duties, if any.










(7)


Any future liability would emanate from the findings of the investigation.










(8)


The allegations in the complaint requesting the initiation of an anti-dumping investigation estimate dumping margins from 64 % to 81 % and an average injury elimination level of more than 150 % for the product concerned from October 2022 to September 2023. The amount of possible future liability would normally be set at the lower of those two levels according to Article 7(2) of the basic Regulation.




3.   PROCESSING OF PERSONAL DATA







(9)


Any personal data collected in the context of this registration will be treated in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council (4),




HAS ADOPTED THIS REGULATION:



Article 1

1.   The customs authorities are hereby directed, under Article 14(5) of Regulation (EU) 2016/1036, to take the appropriate steps to register imports into the Union of lysine and its esters, salts thereof, and feed additives, consisting of dry weight basis of 68 % or more, but not more than 80 % of L-lysine sulphate, and not more than 32 % of other components such as carbohydrates and other amino acids, currently classified under CN codes ex 2309 90 31 , ex 2309 90 96 , and 2922 41 00  (TARIC codes: 2309 90 31 41, 2309 90 31 49, 2309 90 96 41, 2309 90 96 49), and originating in the People’s Republic of China.


2.   Registration shall expire nine months following the date of entry into force of this Regulation.



Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 October 2024.


For the Commission


The President

Ursula VON DER LEYEN
            





(1)  
            OJ L 176, 30.6.2016, p. 21, ELI:http://data.europa.eu/eli/reg/2016/1036/oj.

(2)  
            OJ C, C/2024/3265, 23.5.2024, ELI: http://data.europa.eu/eli/C/2024/3265/oj.

(3)  On 16 July 2024, METEX NOOVISTAGO changed its name to EUROLYSINE.

(4)  Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39, ELI: http://data.europa.eu/eli/reg/2018/1725/oj).


ELI: http://data.europa.eu/eli/reg_impl/2024/2732/oj
ISSN 1977-0677 (electronic edition)