CELEX: 52012PC0233
Language: en
Date: 2012-05-29
Title: Proposal for a COUNCIL REGULATION amending Council Implementing Regulation (EU) No 917/2011 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ceramic tiles originating in the People's Republic of China, by adding a company to the list of producers from the People's Republic of China listed in Annex I

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		52012PC0233
		
			Proposal for a COUNCIL REGULATION amending Council Implementing Regulation (EU) No 917/2011 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ceramic tiles originating in the People's Republic of China, by adding a company to the list of producers from the People's Republic of China listed in Annex I /* COM/2012/0233 final - 2012/0117 (NLE) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
1.           Context of the proposal
·      Grounds for and objectives of the proposal
This proposal concerns the application of
Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against
dumped imports from countries not members of the European Community ('the basic
Regulation') in the proceeding concerning imports of ceramic tiles originating
in the People's Republic of China.
·      General context
This proposal is made in the context of the
implementation of the basic Regulation and is the result of an investigation
which was carried out in line with the substantive and procedural requirements
laid out in the basic Regulation.
·      Existing provisions in the area of the proposal
Council Implementing Regulation (EU) No
917/2011 imposing a definitive anti-dumping duty and collecting definitively
the provisional duty imposed on imports of ceramic tiles originating in the
People's Republic of China.
·      Consistency with other policies and objectives of the Union
Not applicable.
2.           Consultation of interested
parties and impact assessment
·      Consultation of interested parties
Interested parties concerned by the proceeding
have had the possibility to defend their interests during the investigation, in
line with the provisions of the basic Regulation.
·      Collection and use of expertise
There was no need for external expertise.
·      Impact assessment
This proposal is the result of the
implementation of the basic Regulation.
The basic Regulation does not make provisions
for a general impact assessment but contains an exhaustive list of conditions
that have to be assessed.
3.           LEGAL ELEMENTS OF THE
PROPOSAL
·      Summary of the proposed action
The attached proposal for a Council Regulation
is based on the definitive finding that one Chinese exporting producer has met
all criteria to be granted the new exporting producer status and therefore be
subject to the weighted average anti-dumping duty of 30.6%.
·      Legal basis
Council Regulation (EC) No 1225/2009 of 30
November 2009 on protection against dumped imports from countries not members
of the European Community.
Council Implementing Regulation (EU) No
917/2011 imposing a definitive anti-dumping duty and collecting definitively
the provisional duty imposed on imports of ceramic tiles originating in the
People's Republic of China.
·      Subsidiarity principle
The proposal falls under the exclusive
competence of the European Union. The subsidiarity principle therefore does not
apply.
·      Proportionality principle
The proposal complies with the proportionality
principle for the following reasons:
The form of action is described in the
above-mentioned basic Regulation and leaves no scope for national decision.
Indication of how financial and administrative
burden falling upon the Union, national governments, regional and local
authorities, economic operators and citizens is minimized and proportionate to
the objective of the proposal is not applicable.
·      Choice of instruments
Proposed instruments: regulation.
Other means would not be adequate for the
following reason:
Other means would not be adequate because the
basic Regulation does not provide for alternative options.
4.           BUDGETARY IMPLICATION
The proposal has no implication for the Union
budget.
2012/0117 (NLE)
Proposal for a
COUNCIL REGULATION
amending Council Implementing Regulation
(EU) No 917/2011 imposing a definitive anti-dumping duty and collecting
definitively the provisional duty imposed on imports of ceramic tiles
originating in the People's Republic of China, by adding a company to the list
of producers from the People's Republic of China listed in Annex I 
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union,
Having regard to Council Regulation (EC) No
1225/2009 of 30 November 2009 on protection against dumped imports from
countries not members of the European Community[1]
(the basic Regulation), and in particular Article 9 thereof,
Having regard to Council Implementing Regulation
(EU) No 917/2011[2]
imposing a definitive anti-dumping duty and collecting definitively the
provisional duty imposed on imports of ceramic tiles originating in the
People's Republic of China ('Council Implementing Regulation (EU) No 917/2011')
and in particular Article 3 thereof,
Having regard to the proposal submitted by
the European Commission ('the Commission') after consulting the Advisory
Committee,
Whereas:
A.
PREVIOUS PROCEDURE
(1)       By Implementing Regulation (EU) No 917/2011, the Council
imposed a definitive anti-dumping duty on imports into the Union of ceramic tiles originating in the People's Republic of China ('China'). Given
the large number of cooperating exporting producers in China in the
investigation that led to the imposition of the anti-dumping duty ('the
original investigation'), a sample of Chinese exporting producers was selected
and individual duty rates ranging from 26.3% to 36.5% were imposed on the
companies included in the sample, while other cooperating companies not
included in the sample were attributed a duty rate of 30.6%. A duty rate of 69.7%
was imposed on all other Chinese companies.
(2)       Article 3 of Council Implementing
Regulation (EU) No 917/2011 stipulates that where any new exporting producer in
China provides sufficient evidence to the Commission that:
·                        
it did not export to the Union the products
described in Article 1(1) of that Regulation during the investigation
period (1 April 2009 to 31 March 2010) ('the investigation period') (the first
criterion);
·                        
it is not related to any of the exporters or
producers in China which are subject to the anti-dumping measures imposed by
that Regulation (the second criterion); and 
·                        
it has actually exported to the Union the
products concerned after the investigation period on which the measures are
based, or it has entered into an irrevocable contractual obligation to export a
significant quantity to the Union (the third criterion); 
then Article 1(2) of that Regulation can be
amended by granting the new exporting producer the duty rate applicable to the
cooperating companies not included in the sample, i.e. 30.6%. 
B.
NEW EXPORTING PRODUCER REQUEST
(3)       A Chinese company ('the
applicant') has applied to be granted the same treatment as the companies
cooperating in the original investigation not included in the sample ('new
exporting producer treatment').
(4)       An examination has been
carried out to determine whether the applicant fulfils the criteria for being
granted new exporting producer treatment as set out in Article 3 of Council Implementing
Regulation (EU) No 917/2011.
(5)       A questionnaire was sent
to the applicant who was asked to supply evidence to demonstrate that it met
the three criteria mentioned above.
(6)       The evidence provided by
the Chinese exporting producer was considered sufficient to show that it
fulfils the criteria set out in Article 3 of Council Implementing Regulation (EU)
No 917/2011. This exporting producer can therefore be granted the duty rate
applicable to the cooperating companies not included in the sample (i.e. 30.6%)
and consequently its name can be added to the list of exporting producers in
Annex I to Council Implementing Regulation (EU) No 917/2011.
(7)       The applicant and the
Union industry have been informed of the findings of the examination and were
given the opportunity to submit their comments.
(8)       All arguments and
submissions made by interested parties were analysed and duly taken into
account where warranted,
HAS ADOPTED THIS REGULATION:
Article 1
The following company shall be added to the
list of producers from the People's Republic of China listed in Annex I to
Council Implementing Regulation (EU) No 917/2011:
 Name || TARIC additional code 
 Onna Ceramic Industries (China) Co., Ltd. || B293 
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, 
                                                                       For
the Council
                                                                       The
President
[1]               OJ L 343, 22.12.2009, p. 51.
[2]               OJ L 238, 15.9.2011, p. 1.