Commission Implementing Regulation (EU) 2024/2715 of 24 October 2024 making imports of glyoxylic acid 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, anti-dumping measure, import (EU), organic acid, originating product, surveillance concerning imports




L_202402715EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2024/2715


25.10.2024







            COMMISSION IMPLEMENTING REGULATION (EU) 2024/2715
of 24 October 2024
         
making imports of glyoxylic acid 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 25 July 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 glyoxylic acid originating in the People’s Republic of China.












(2)


This initiation followed a complaint lodged on 10 June 2024 by WeylChem Lamotte SAS on behalf of producers representing more than 25 % of the total Union production of glyoxylic acid.





1.   PRODUCT SUBJECT TO REGISTRATION







(3)


The product subject to registration (‘the product concerned’) is glyoxylic acid (Chemical Abstracts Service (CAS) Number 298-12-4), of a purity of at least 95 % by dry weight, whether in solid form or as an aqueous solution with a concentration by weight higher than 40 % thereof.










(4)


The product concerned is currently classified under CN code ex 2918 30 00  (TARIC code 2918 30 00 13). 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 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 96 % to 112 % and an average injury elimination level of around 50 % to 60 % for the product concerned for the period from January to December 2023.










(9)


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. If, during the investigation, the Commission finds evidence of raw material distortions pursuant to Article 7(2a) of the basic Regulation, the amount of possible future liability would be set at the level of the dumping margin as provided for in Article 7(2b) of the basic Regulation if it is concluded that a duty lower than the margin of dumping would not be sufficient to remove the injury suffered by the Union industry.




3.   PROCESSING OF PERSONAL DATA







(10)


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 (3),




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 glyoxylic acid (Chemical Abstracts Service (CAS) Number 298-12-4), of a purity of at least 95 % by dry weight, whether in solid form or as an aqueous solution with a concentration by weight higher than 40 % thereof, currently classified under CN code ex 2918 30 00  (TARIC code 2918 30 00 13), 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/2024/4751, 25.7.2024, ELI: http://data.europa.eu/eli/C/2024/4751/oj.

(3)  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/2024/2715/oj
ISSN 1977-0677 (electronic edition)