CELEX: 32020D0727
Language: en
Date: 2020-05-29 00:00:00
Title: Commission Implementing Decision (EU) 2020/727 of 29 May 2020 terminating the anti-dumping proceeding concerning imports of continuous filament glass fibre products originating in Bahrain and Egypt

2.6.2020   
               
               
                  EN
               
               
                  Official Journal of the European Union
               
               
                  L 170/17
               
            
         COMMISSION IMPLEMENTING DECISION (EU) 2020/727
         of 29 May 2020
         terminating the anti-dumping proceeding concerning imports of continuous filament glass fibre products originating in Bahrain and Egypt
         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 5 thereof,
         Whereas:
         1.   PROCEDURE
         
         1.1.   Initiation
         
         
                     (1)
                  
                  
                     On 3 May 2019, the European Commission initiated an anti-dumping investigation with regard to imports into the European Union of continuous filament glass fibre products (‘GFR’) originating in Bahrain and Egypt (the ‘countries concerned’) pursuant to Article 5 of the basic Regulation. It published a Notice of Initiation in the Official Journal of the European Union (2) (the ‘Notice of Initiation’).
                  
               
                     (2)
                  
                  
                     The Commission initiated the investigation following a complaint lodged on 21 March 2019 by the European Glass Fibre Producers Association (‘the complainant’ or ‘APFE’) on behalf of producers representing more than 25 % of total Union production. Producers representing 71 % of the total Union production of continuous filament glass fibre products supported the complaint.
                  
               1.2.   Investigation period and period considered
         
         
                     (3)
                  
                  
                     The investigation of dumping and injury covered the period from 1 April 2018 to 31 March 2019 (the ‘investigation period’ or the ‘IP’). The examination of trends relevant for the assessment of injury covered the period from 1 January 2016 to the end of the investigation period (the ‘period considered’).
                  
               1.3.   Interested parties
         
         
                     (4)
                  
                  
                     In the Notice of Initiation, interested parties were invited to contact the Commission in order to participate in the investigation. In addition, the Commission specifically informed the complainant, other known Union producers, the known exporting producers, the known importers, suppliers and users, traders, as well as associations known to be concerned about the initiation of the investigation and invited them to participate.
                  
               
                     (5)
                  
                  
                     Interested parties had an opportunity to comment on the initiation of the investigation and to request a hearing with the Commission and/or the Hearing Officer in trade proceedings.
                  
               1.4.   Sampling
         
         
                     (6)
                  
                  
                     In its Notice of Initiation, the Commission stated that it might sample interested parties in accordance with Article 17 of the basic Regulation.
                  
               1.4.1.   Sampling of Union producers
         
         
                     (7)
                  
                  
                     In its Notice of Initiation, the Commission stated that it had provisionally selected a sample of Union producers. The Commission selected the sample on the basis of the highest representative quantity of production which could reasonably be investigated within the time available.
                  
               
                     (8)
                  
                  
                     No comments on the sample selection were received.
                  
               1.4.2.   Sampling of unrelated importers
         
         
                     (9)
                  
                  
                     To decide whether sampling was necessary and, if so, to select a sample, the Commission asked unrelated importers to provide the information specified in the Notice of Initiation.
                  
               
                     (10)
                  
                  
                     Given that only two unrelated importers provided completed sampling forms, sampling was not applied.
                  
               1.4.3.   Sampling of exporting producers in Bahrain and Egypt
         
         
                     (11)
                  
                  
                     The Commission did not resort to sampling in relation to exporting producers in Bahrain and Egypt as there is only one exporting producer in each country.
                  
               1.4.4.   Questionnaire replies and verification visits
         
         
                     (12)
                  
                  
                     The Commission sent questionnaires to the two exporting producers, to the three sampled Union producers, and to the two unrelated importers. A questionnaire was provided for users to complete, if they so wished, rather than making a submission.
                  
               
                     (13)
                  
                  
                     The Commission received questionnaire replies from both exporting producers, all sampled Union producers and both unrelated importers. The Commission also received questionnaire replies from two users.
                  
               
                     (14)
                  
                  
                     The Commission sought and verified all the information deemed necessary for a determination of dumping, resulting injury and Union interest.
                  
               
                     (15)
                  
                  
                     The methodology and correctness of the data gathered by the complainants for the purposes of the macroeconomic indicators was subject to a verification visit under Article 16 of the basic Regulation carried out at the premises of the lawyers of the complainants.
                  
               
                     (16)
                  
                  
                     Verification visits under Article 16 of the basic Regulation were carried out at the premises of the following companies:
                     
                                  
                              
                              
                                 Union producers and related companies:
                                 
                                             —
                                          
                                          
                                             3B Fibreglass, Battice, Belgium,
                                          
                                       
                                             —
                                          
                                          
                                             Johns Manville Slovakia a.s., Trnava, Slovak Republic,
                                          
                                       
                                             —
                                          
                                          
                                             European Owens Corning Fibreglass SPRL, Watermael-Boitsfort, Belgium
                                          
                                       
                           
                                  
                              
                              
                                 Unrelated importers in the Union:
                                 
                                             —
                                          
                                          
                                             Euroresins UK Limited, Ellesmere Port, UK,
                                          
                                       
                                             —
                                          
                                          
                                             Helm AG, Hamburg, Germany
                                          
                                       
                           
                                  
                              
                              
                                 Unrelated users in the Union:
                                 
                                             —
                                          
                                          
                                             Polykemi, Ystad, Sweden,
                                          
                                       
                                             —
                                          
                                          
                                             Company A (3)
                                             
                                          
                                       
                           
                                  
                              
                              
                                 Exporting producer in Egypt and related companies:
                                 
                                             —
                                          
                                          
                                             Jushi Group:
                                          
                                       
                                             —
                                          
                                          
                                             Jushi Egypt for Fiberglass Industry S.A.E., Egypt,
                                          
                                       
                                             —
                                          
                                          
                                             Jushi France SAS, France,
                                          
                                       
                                             —
                                          
                                          
                                             Jushi Italia srl, Italy,
                                          
                                       
                                             —
                                          
                                          
                                             Jushi Spain SA, Spain
                                          
                                       
                           
                                  
                              
                              
                                 Exporting producer in Bahrain and related companies:
                                 
                                             —
                                          
                                          
                                             CPIC Group
                                             
                                                         —
                                                      
                                                      
                                                         CPIC Abahsain Fiberglass W.L.L., Bahrain,
                                                      
                                                   
                                                         —
                                                      
                                                      
                                                         CPIC Europe B.V., the Netherlands.
                                                      
                                                   
                                       
                           
               2.   PRODUCT CONCERNED AND LIKE PRODUCT
         
         2.1.   Product under investigation
         
         
                     (17)
                  
                  
                     The product subject to this investigation is chopped glass fibre strands, of a length of not more than 50 mm (‘chopped strands’); glass fibre rovings, excluding glass fibre rovings which are impregnated and coated and have a loss on ignition of more than 3 % (as determined by the ISO Standard 1887) (‘rovings’); and mats made of glass fibre filaments excluding mats of glass wool (‘mats’), (‘the product under investigation’). The product under investigation is known as ‘glass fibre reinforcements’ or ‘GFR’.
                  
               
                     (18)
                  
                  
                     The product concerned is the product under investigation originating in Bahrain and Egypt.
                  
               
                     (19)
                  
                  
                     The product concerned is currently falling under CN codes 7019 11 00, ex 7019 12 00, 7019 31 00 (TARIC codes 7019120022, 7019120025, 7019120026 and 7019120039).
                  
               2.2.   Like product
         
         
                     (20)
                  
                  
                     The investigation showed that the following products have the same basic physical, chemical, and technical characteristics as well as the same basic uses:
                     
                                 (a)
                              
                              
                                 the product concerned;
                              
                           
                                 (b)
                              
                              
                                 the product produced and sold on the domestic market of Bahrain and Egypt;
                              
                           
                                 (c)
                              
                              
                                 the product produced and sold in the Union by the Union industry.
                              
                           
               
                     (21)
                  
                  
                     The Commission decided that, for the purpose of this investigation, those products are therefore like products within the meaning of Article 2(c) of the basic Regulation.
                  
               3.   PROCEDURE
         
         
                     (22)
                  
                  
                     In its letter to the Commission of 19 March 2020 the complainant withdrew its complaint.
                  
               
                     (23)
                  
                  
                     In accordance with Article 9(1) of the basic Regulation, when the complainant withdraws its complaint, the proceeding may be terminated unless such termination would not be in the Union interest.
                  
               
                     (24)
                  
                  
                     The Commission considered that the anti-dumping proceeding should be terminated since the investigation had not brought to light any considerations demonstrating that such termination would not be in the Union interest.
                  
               
                     (25)
                  
                  
                     Interested parties were informed accordingly and were given an opportunity to comment. The Commission received no comments which would lead to the conclusion that such termination would not be in the Union interest.
                  
               
                     (26)
                  
                  
                     The Commission therefore concludes that the anti-dumping proceeding concerning imports into the Union of GFR originating in Bahrain and Egypt should be terminated.
                  
               
                     (27)
                  
                  
                     This Decision is in accordance with the opinion of the Committee established by Article 15(1) of the basic Regulation,
                  
               HAS ADOPTED THIS DECISION:
         
            Article 1
            The anti-dumping proceeding concerning imports into the Union of chopped glass fibre strands, of a length of not more than 50 mm (‘chopped strands’); glass fibre rovings, excluding glass fibre rovings which are impregnated and coated and have a loss on ignition of more than 3 % (as determined by the ISO Standard 1887) (‘rovings’); and mats made of glass fibre filaments excluding mats of glass wool (‘mats’), originating in Bahrain and Egypt and currently falling under CN codes 7019 11 00, ex 7019 12 00, 7019 31 00 (TARIC codes 7019120022, 7019120025, 7019120026 and 7019120039), is hereby terminated.
         
         
            Article 2
            This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
         
         
            Done at Brussels, 29 May 2020.
            
               
                  For the Commission
               
               
                  The President
               
               Ursula VON DER LEYEN
            
         
         
            (1)  OJ L 176, 30.6.2016, p. 21.
         
            (2)  OJ C 151, 3.5.2019, p. 4.
         
            (3)  Company A requested anonymity on the grounds that they would expose themselves to a significant risk of commercial retaliation should it be perceived by certain producers to act in a manner that runs counter to their interests.