LegalizeCommission Implementing Regulation (EU) 2022/468 of 23 March 2022 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of calcium silicon originating in the People’s Republic of China
(186) It is of utmost importance that a clear link between the variation of the price of the product concerned sold by the exporting producer concerned to the Union and the price fluctuation of the input material exists. No evidence on file could point to the existence of such a link and the exporter concerned did not demonstrate that such a link exists. This indicates that other factors also playing a role in the observed price fluctuations.
(187) Moreover, the proposed measures are based on injury margins (namely on the costs of the Union industry), and indexing the MIP based on the evolution of the Brazilian electricity price cannot ensure that such a MIP would eliminate injury. The Union industry costs and prices are not determined by the evolution of the electricity prices in that country.
(188) Finally, even if the electricity price in Brazil were to be considered adequate, the publicly available data suggested by the applicant does not have the necessary frequency to reliably reflect electricity price fluctuations.
(189) Failure to comply with one of the preceding issues is sufficient to conclude that the price undertaking offer is not adequate and could thus not be accepted.
(190) Concerning the monitoring of the undertaking, the investigation showed that the applicant’s accounting does not meet internationally accepted accounting principles, and that, in particular, no management accounts or computerized customers’ list were readily available during the investigation. Some other relevant issues were also found to exist in the official accounts. This questions the reliability of the applicant and points to practical difficulties to reliably monitor an eventual undertaking.
(191) Based on the above facts and considerations, and in line with the provisions of Article 8 of the basic Regulation, it was considered that the offer was not adequate to ensure the elimination of the injurious effects of dumping. Pursuant to Article 8(3) of the basic Regulation it was also considered that its monitoring would be impracticable.
(192) The offer was therefore rejected.
(193) In view of the dumping margins found and given the level of the injury caused to the Union industry, the amounts secured by way of provisional anti-dumping duties imposed by the provisional Regulation, should be definitively collected up to the levels established under the present Regulation.
(194) In view of Article 109 of Regulation (EU, Euratom) 2018/1046 (16), when an amount is to be reimbursed following a judgment of the Court of Justice of the European Union, the interest to be paid should be the rate applied by the European Central Bank to its principal refinancing operations, as published in the C series of the Official Journal of the European Union on the first calendar day of each month.
(195) The measures provided for in this regulation are in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EU) 2016/1036,
HAS ADOPTED THIS REGULATION:
Article 1
A definitive anti-dumping duty is imposed on imports of calcium silicon, currently falling under CN codes ex 7202 99 80 and ex 2850 00 60 (TARIC codes 7202998030 and 2850006091) and originating in the People’s Republic of China.
The rate of the definitive anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty, of the products described in paragraph 1 and produced by the companies listed below, shall be as follows:
The application of the individual duty rates specified for the companies mentioned in paragraph 2 shall be conditional upon presentation to the Member States’ customs authorities of a valid commercial invoice, on which shall appear a declaration dated and signed by an official of the entity issuing such invoice, identified by name and function, drafted as follows: ‘I, the undersigned, certify that the (volume) of (product concerned) sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in [country concerned]. I declare that the information provided in this invoice is complete and correct.’ If no such invoice is presented, the duty applicable to all other companies shall apply.
Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2
The amounts secured by way of the provisional anti-dumping duty under Implementing Regulation (EU) 2021/1811 shall be definitively collected. The amounts secured in excess of the definitive rates of the anti-dumping duty shall be released.
Article 3
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, 23 March 2022.
For the Commission The President Ursula VON DER LEYEN
(1) OJ L 176, 30.6.2016, p. 21.
(2) Notice of initiation of an anti-dumping proceeding concerning imports of calcium silicon originating in the People’s Republic of China (OJ C 58, 18.2.2021, p. 60).
(3) Commission Implementing Regulation (EU) 2021/1811 of 14 October 2021 imposing a provisional anti-dumping duty on imports of calcium silicon originating in the People’s Republic of China (OJ L 366, 15.10.2021, p. 17).
(4) Commission Staff Working Document SWD(2020) 242 final, 22.10.2020, available at https://trade.ec.europa.eu/doclib/docs/2020/october/tradoc_158997.pdf
(5) Law of the People’s Republic of China on the State-Owned Assets of Enterprises, adopted at the 5th session of the Standing Committee of the 11th National People’s Congress of the People’s Republic of China on 28 October 2008 and promulgated on the same date.
(6) See Shenghua’s website at: http://sxshyh.cn/index/index/about (accessed on 11 January 2022).
(7) See Article 3(2) of the CCP Constitution on duties of CCP members, in connection with Article 10 concerning the principle of democratic centralism.
(*1) The establishment of the undistorted value is explained in recital (145) of the provisional Regulation
(*2) The establishment of the undistorted value is explained in recital (146) of the provisional Regulation
(*3) The establishment of the undistorted value is explained in recital (148) of the provisional Regulation
(9) https://www.edp.com.br/distribuicao-sp/saiba-mais/informativos/tabela-de-fornecimento-de-media-e-alta-tensao
(10) See judgment of 16 December 2011, Case T-423/09, Dashiqiao v Council, ECLI:EU:T:2011:764, paras 34 to 50 and judgment of 19 May 2021, Case T-254/18, China Chamber of Commerce for Import and Export of Machinery and Electronic Products and Others v Commission, ECLI:EU:T:2021:278, paras 586 to 610.
(11) https://sec.report/document/0001558370-21-005436#gsm-20201231x20f.htm (last accessed on 25 January 2022).
(12) https://www.metalbulletin.com/Article/4010921/Search-results/OFZ-Slovakia-cuts-ferro-alloy-output-due-to-surging-power-prices.html (last accessed on 25 January 2022).
(13) https://www.nasdaq.com/articles/factbox-power-crunch-pressures-europes-silicon-and-ferro-alloy-producers-2021-10-07-0 (last accessed on 25 January 2022).
(14) Annex 3: Details of the undercutting and injury margin calculations and information on the methodology used.
(15) European Commission, Directorate-General for Trade, Directorate G, Wetstraat 170 Rue de la Loi, 1040 Brussels, Belgium.
(16) Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).
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