EN
L 147/12
Official Journal of the European Union
7.6.2023
(2) the corresponding weighted average import prices of the product under review from India from Eurostat, established on a CIF basis, excluding the anti-dumping and countervailing duties, with appropriate adjustments for customs duties and post-importation costs.
In the absence of any other information, these costs were estimated at 1 % of the CIF value.
(51)
This resulted in the average undercutting margin of 33,2 %.
These prices were also considered as a reasonable indicator of future possible price levels should measures be repealed.
(52)
After disclosure the Government of India (GOI), argued that the undercutting margin calculated by the Commission is not representative as it is not based on actual market prices in the Union.
In GOI’s view the fact that sales sourced from GrafTech Iberica were made pursuant to long-term contracts (‘LTAs’) have resulted in an artificially high selling price which is not indicative of the market price of GES in the Union.
(53)
The Commission disagrees with this assessment.
LTAs are not an uncommon commercial practice and a business decision in which a customer accepts to tie itself to a particular price level in exchange for a security of supply.
Considering that LTAs were being used in dealings on the relevant market their presence in the sample does not render the sample not representative.
Moreover, Only part of the sales made by GrafTech were covered by LTAs while the sales of the other two sampled Union producers in the review investigation period were not covered by similar LTAs.
Therefore, in the Commission’s view, whilst representative of a part of the market, overall the LTAs used by GrafTech Iberica did not significantly affected the undercutting calculation.
Therefore, this claim was dismissed.
5.3.3.
Imports from third countries other than India
(54)
The imports of the product under review from other third countries were mainly from China, Mexico and Russia.
(55)
The volume of imports from other third countries, as well as the market share and price trends developed over the period considered as follows:
Table 4
Imports from third countries other than India
2018
2019
2020
Review investigation period
22 054
19 284
20 074
26 065
Index
100
87
91
118
Market share (%)
14
16
20
19
Index
100
111
139
131
10 875
5 253
2 337
2 614
100
48
21
24
1 076
3 229
780
3 371
100
300
72
313
1
3
1
2
100
381
111
348
Country
PRC
Volume (tonnes)
Average price Index Russia
Volume (tonnes) Index Market share (%) Index