26.1.2022
EN
Official Journal of the European Union
C 40/3
On this basis the dumping margins calculated are significant for the PRC.
The country report is available in the file for inspection by interested parties and on DG Trade’s website (9).
4.1.2.
Allegation of likelihood of continuation of dumping from Taiwan Despite attempts by the applicant to obtain data on domestic prices for Taiwan, no such data was available.
The allegation of likelihood of continuation of dumping is therefore based on a comparison of a constructed normal value (manufacturing costs, selling, general and administrative costs (SG&A) and profit) in Taiwan with the export price (at ex-works level) of the product under review when sold for export to the Union.
The original investigation had also relied on a constructed normal value.
On this basis the dumping margins calculated are significant for Taiwan.
4.2.
Allegation of likelihood of continuation or recurrence of injury The applicant alleges the likelihood of continuation of injury from PRC and Taiwan.
In this respect, the applicant has provided sufficient evidence that imports of the product under review from the countries concerned have remained significant in absolute terms and in terms of market shares.
The evidence provided by the applicant shows that the financial situation of the Union industry deteriorated as a result of the decrease in prices.
The applicant alleges that this is due to the low priced imports from the countries concerned.
Without prejudice to the above, the applicant also alleges the likelihood of recurrence of injury from the People’s Republic of China and Taiwan.
In this respect the applicant has provided sufficient evidence that, should measures be allowed to lapse, the current import level of the product under review from the People’s Republic of China and Taiwan to the Union is likely to increase due to the existence of unused capacity in the People’s Republic of China and Taiwan, as well as in view of the level of imports already occurring.
In the absence of the current measures, there was clear evidence of both undercutting and underselling from the imports of both countries concerned during the review investigation period used in the request for review.
On that basis, the volume of imports at dumped prices from the countries concerned that would result should the measures be allowed to lapse, would likely lead to a recurrence of injury to the Union industry.
5.
Procedure Having determined, after consulting the Committee established by Article 15(1) of the basic Regulation, that sufficient evidence of a likelihood of dumping and injury exists to justify the initiation of an expiry review, the Commission hereby initiates a review in accordance with Article 11(2) of the basic Regulation.
The expiry review will determine whether the expiry of the measures would be likely to lead to a continuation or recurrence of dumping of the product under review originating in the People’s Republic of China and Taiwan and a continuation or recurrence of injury to the Union industry.
The Commission also draws the attention of the parties to the published Notice (10) on the consequences of the COVID-19 outbreak on anti-dumping and anti-subsidy investigations that may be applicable to this proceeding.
5.1.
Review investigation period and period considered The investigation of a continuation or recurrence of dumping will cover the period from 1 January 2021 to 31 December 2021 (‘the review investigation period’).
The examination of trends relevant for the assessment of the likelihood of a continuation or recurrence of injury will cover the period from 1 January 2018 to the end of the investigation period (‘the period considered’).
(9) Documents cited in the country report may also be obtained upon a duly reasoned request.
(10) OJ C 86, 16.3.2020, p. 6 (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52020XC0316%2802%29).