Commission Implementing Regulation (EU) 2025/2147 of 23 October 2025 amending Implementing Regulation (EU) 2024/493 as regards inclusion of a new exporting producer on the list of other cooperating companies
Date: 2025-10-23
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: China, anti-dumping duty, building materials, ceramics, import (EU), originating product








L_202502147EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2025/2147


24.10.2025







            COMMISSION IMPLEMENTING REGULATION (EU) 2025/2147
of 23 October 2025
         
amending Implementing Regulation (EU) 2024/493 as regards inclusion of a new exporting producer on the list of ‘other cooperating companies’
         


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 the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1), and in particular Article 9(5) thereof,


Having regard to Commission Implementing Regulation (EU) 2024/493 of 12 February 2024 imposing a definitive anti-dumping duty on imports of ceramic tiles originating in the People’s Republic of China following an expiry review pursuant to Article 11, paragraph 2 of Regulation (EU) 2016/1036 of the European Parliament and of the Council (2) (‘the review Regulation’), and, in particular, Article 1(4) thereof,

Whereas:
A.   MEASURES IN FORCE







(1)


On 12 February 2024, by the review Regulation the Commission imposed a definitive anti-dumping duty on imports into the Union of ceramic tiles (‘the product concerned’), originating in the People’s Republic of China (‘the PRC’).










(2)


In the investigation leading to the imposition of definitive anti-dumping duties in 2011 (‘the original investigation’), sampling was applied for investigating the exporting producers in the PRC in accordance with Article 17 of Council Regulation (EC) No 1225/2009 (3).










(3)


The Commission imposed individual anti-dumping duty rates ranging from 13,9 % to 36,5 % on imports of ceramic tiles for the sampled exporting producers from the PRC. For the cooperating exporting producers that were not included in the sample, a duty rate of 30,6 % was imposed. The cooperating exporting producers not included in the sample are listed in the Annex. Furthermore, a country-wide duty rate of 69,7 % was imposed on ceramic tiles from companies in the PRC which did not cooperate with the investigation.










(4)


Pursuant to Article 1(4) of the review Regulation, Article 1(2) of that Regulation may be amended to add new exporting producers to the list of the cooperating exporting producers not included in the sample and make them subject to the appropriate weighted average anti-dumping duty rate. A new exporting producer must provide evidence that:






(a)


it did not export the goods described in Article 1, paragraph 1 originating in the PRC during the period between 1 April 2009 to 31 March 2010 (‘original investigation period’);










(b)


it is not related to an exporter or producer subject to the measures imposed by this Regulation, and which has or could have cooperated in the investigation that led to the duty; and










(c)


it has either actually exported the product under review originating in the country concerned or has entered an irrevocable contractual obligation to export a significant quantity to the Union after the end of the original investigation period.








B.   REQUEST FOR NEW EXPORTING PRODUCER TREATMENT







(5)


On 20 March 2025, Hebei Lingbiao Technology Development Co., Ltd. (‘the applicant’) requested the Commission to be granted new exporting producer treatment and hence be subject to the duty rate applicable to the cooperating companies in the PRC not included in the sample, i.e. 30,6 % (‘new exporting producer treatment’ or ‘NEPT’).










(6)


To determine whether the applicant fulfilled the conditions for being granted NEPT, as set out in Article 1(4) of the review Regulation (‘the NEPT conditions’), the Commission sent a questionnaire to the applicant and requested evidence showing that it met the NEPT conditions. The applicant provided a reply to the questionnaire.










(7)


The Commission sought to verify all information it deemed necessary for the purpose of determining whether the applicant met the NEPT conditions. To this end, the Commission analysed the evidence submitted by the applicant. The Commission informed the Union industry about the applicant’s request and invited it to provide comments.




C.   ANALYSIS OF THE REQUEST







(8)


With regard to the first NEPT condition, the Commission established that the applicant did not export ceramic tiles during the original investigation period to the Union because it was established afterwards.










(9)


With regard to the second NEPT condition, the Commission established that the applicant was not related to any of the producers in the PRC that are subject to the measures imposed by this Regulation, and which have or could have cooperated in the investigation that led to the duty.










(10)


With regard to the third NEPT condition, the Commission established that, based on the documentary evidence provided (sales and customs documents), the applicant had exported ceramic tiles to the Union in November 2024.










(11)


Based on the above, the Commission concluded that the applicant complied with the NEPT conditions.










(12)


Accordingly, the request to be granted NEPT should be accepted and the applicant should be subject to the anti-dumping duty for cooperating companies not included in the sample, currently set at 30,6 %.




D.   DISCLOSURE







(13)


The applicant and the Union industry were informed of the essential facts and considerations on which the decision to grant the anti-dumping duty rate applicable to the cooperating companies not included in the sample of the original investigation to Hebei Lingbiao Technology Development Co., Ltd was based. The parties were granted the possibility to submit comments. No comments were received.










(14)


The Regulation is in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EU) 2016/1036,




HAS ADOPTED THIS REGULATION:



Article 1
In the Annex to Implementing Regulation (EU) 2024/493, the following company is added to the list of Chinese cooperating producers:






Name


TARIC additional code




‘Hebei Lingbiao Technology Development Co., Ltd.


89XH’






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, 23 October 2025.


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 L, 2024/493, 13.2.2024, ELI: http://data.europa.eu/eli/reg_impl/2024/493/oj.

(3)  Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (OJ L 343, 22.12.2009, p. 51, ELI: http://data.europa.eu/eli/reg/2009/1225/oj.


ELI: http://data.europa.eu/eli/reg_impl/2025/2147/oj
ISSN 1977-0677 (electronic edition)