Commission Implementing Regulation (EU) 2025/2385 of 27 November 2025 making imports of certain alkyl phosphonic acids and their sodium salts originating in the People’s Republic of China subject to registration
Date: 2025-11-27
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: China, acid, anti-dumping measure, chemical salt, import (EU), originating product, sodium, surveillance concerning imports




L_202502385EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2025/2385


28.11.2025







            COMMISSION IMPLEMENTING REGULATION (EU) 2025/2385
of 27 November 2025
         
making imports of certain alkyl phosphonic acids and their sodium salts 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 18 September 2025, 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 certain alkyl phosphonic acids and their sodium salts originating in the People’s Republic of China.












(2)


This initiation followed a complaint lodged on 7 August 2025 by LANXESS Deutschland GmbH, representing more than 25 % of the total Union production of certain alkyl phosphonic acids and their sodium salts.





1.   PRODUCT SUBJECT TO REGISTRATION







(3)


The product subject to registration (‘the product concerned’) is 2-phosphonobutane-1,2,4-tricarboxylic acid (‘PBTC’ or ‘PBTCA’) and its sodium salt Tetrasodium hydrogen 2-phosphonatobutane-1,2,4-tricarboxylate (‘PBTC-Na4’), in solid form or in an aqueous solution, originating in the People’s Republic of China. The product concerned usually falls under the Chemicals Abstract Services (‘CAS’) 37971-36-1 and 66669-53-2, is registered in the European Union under the European Community (EC) reference numbers 253-733-5 and 266-442-3, respectively, and the Customs and Statistics Numbers (‘CUS’) on the European Customs Inventory of Chemical Substances (‘ECICS’) database are 0027475-9 and 0087281-1. The product concerned is classified as of 1 January 2025 under CN code 2931 49 80  (TARIC code 2931 49 80 60). During the period 1 January 2022 until 31 December 2024, the product concerned was classified under TARIC code 2931 49 90 90. The CN and TARIC codes are given for information only and without prejudice to a subsequent change in the tariff classification.




2.   REGISTRATION







(4)


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.










(5)


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.










(6)


Any future liability would emanate from the findings of the anti-dumping investigation.










(7)


The calculations provided in the complaint requesting the initiation of an anti-dumping investigation estimate dumping margin of 100 % and an injury elimination level between 75 % and 95 % for the product concerned for the period from 1 January 2024 to 31 December 2024. 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.










(8)


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.










(9)


However, at this stage the Commission is not in a position to estimate the amount of possible future liability. Thus, the amounts mentioned in the complaint are only for information purposes and cannot create any expectations as to the actual level of liability which will be established as a result of the investigation..




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) 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,




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 2-phosphonobutane-1,2,4-tricarboxylic acid and its sodium salt Tetrasodium hydrogen 2-phosphonatobutane-1,2,4-tricarboxylate, in solid form or in an aqueous solution currently classified under CN code 2931 49 80  (TARIC code 2931 49 80 60) 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, 27 November 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 C 5021, 18.9.2025, p. 1.

(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/2025/2385/oj
ISSN 1977-0677 (electronic edition)