Commission Implementing Regulation (EU) 2023/1404 of 3 July 2023 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of stainless steel refillable kegs originating in the People’s Republic of China

Article 1 (2) may be amended to add new exporting producers from the People’s Republic of China and make them subject to the appropriate weighted average anti-dumping duty rate for cooperating companies not included in the sample. A new exporting producer shall provide evidence that:

(a) it did not export the goods described in Article 1(1) during the period of investigation (01 January 2021 to 31 December 2021);

(b) it is not related to an exporter or producer subject to the measures imposed by this Regulation, and which could have cooperated in the original investigation; and

(c) it has either actually exported the product concerned or has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the end of the period of investigation.

Article 4

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, 3 July 2023.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 176, 30.6.2016, p. 21.

(2) OJ C 195, 13.5.2022, p. 24.

(3) Commission Implementing Regulation (EU) 2023/100 of 11 January 2023 imposing a provisional anti-dumping duty on imports of stainless steel refillable kegs originating in the People’s Republic of China (OJ L 10, 12.1.2023, p. 36).

(4) Referred to in recital (34) of the provisional Regulation (OJ L 10, 12.1.2023, p.40)

(5) http://www.stantamauser.com/

(6) Nomenclature of Economic Activities.

(7) 210-litre, source : http://www.stantamauser.com/products.html.

(8) Source: the Global Trade Atlas database.

(9) The anti-dumping duties were imposed on imports of stainless-steel flat rolled products (HS 721933) originating in China, Taiwan, Germany and Finland.

(10) https://ilostat.ilo.org/

(11) https://www.ibge.gov.br/estatisticas/economicas/industria/9042-pesquisa-industrial-anual.html?=&t=destaques

(12) https://www.globalization-partners.com/globalpedia/brazil-employer-of-record/#gref, https://www.papayaglobal.com/countrypedia/country/brazil/

(13) The concept of hours actually worked within the System of National Accounts (SNA) production boundary relates to the time that persons in employment spend directly on, and in relation to, productive activities; down time; and resting time during a specified time reference period. It thus includes (a) “direct hours” or the time spent carrying out the tasks and duties of a job; (b) “related hours”, or the time spent maintaining, facilitating or enhancing productive activities; (c) “down time”, or time when a person in a job cannot work due to machinery or process breakdown, accident, lack of supplies or power or Internet access; and (d) “resting time”, or time spent in short periods of rest, relief or refreshment, including tea, coffee or prayer breaks, generally practiced by custom or contract according to established norms and/or national circumstances. Source: https://ilostat.ilo.org/

(14) https://www.ibge.gov.br/en/access-to-information/institutional/the-ibge.html

(15) Source: IBGE, https://www.ibge.gov.br/en/statistics/social/labor/16809-quarterly-disseminationpnad2.html?=&t=series-historicas

(16) “Hours actually worked excludes time not worked during activities such as: (a) Annual leave, public holidays, sick leave, parental leave or maternity/paternity leave, other leave for personal or family reasons or civic duty; (b) Commuting time between work and home when no productive activity for the job is performed; (c) Time spent in certain educational activities; (d) Longer breaks distinguished from short resting time when no productive activity is performed (such as meal breaks or natural repose during long trips)”. Source: https://ilostat.ilo.org/resources/concepts-and-definitions/description-wages-and-working-time-statistics/

(17) Orbis database, provided by Bureau Van Dijk (https://orbis.bvdinfo.com).

(18) Generally accepted accounting principles.

(19) Database established in line with Article 55 of Implementing Regulation (EU) 2015/2447. More information is available at: https://taxation-customs.ec.europa.eu/online-services/online-services-and-databases-customs/surveillance-system_en

(20) Database based on Article 14(6) of the basic Regulation.

(21) Data detailed at the level of 10-digit commodity codes ('TARIC codes').

(22) The cooperating sampled and non-sampled exporting producers estimated the time from the day they record a certain sale to the day this shipment is cleared by the Union customs to be anywhere between 25 and 50 days. The average time lag would thus be 37.5 days. However, since the abovementioned exporting producers reported their sales to the Commission on a monthly basis, the Commission took the time lag to be 30 days (one month) in order to be able to adequately compare the sales data for each month with a respective monthly period in Surveillance database.

(23) Keg Trade s.r.o, Imexa, My Kegs (VP Trading), KegExchange, and KSM Keg.

(24) The share of kegs sold by non-sampled exporting producers in total annual sales from China varied between 2% and 10% over the four years of the period considered, and was at 7% in 2022.

(25) Judgments of 1 June 2017, Changmao Biochemical Engineering v Council, T-442/12, EU:T:2017:372, para. 142; of 30 June 2016, Jinan Meide Casting v Commission, T-424/13, EU:T:2016:378, para. 94; of 20 March 1985, Timex v Council and Commission, 264/82, EU:C:1985:119, para. 24; of 18 December 1997, Ajinomoto and NutraSweet v Council, T-159/94 and T-160/94, EU:T:1997:209, para. 83; of 11 July 2013, Hangzhou Duralamp Electronics v Council, T-459/07, EU:T:2013:369, para. 115; of 25 September 1997, Shanghai Bicycle v Council, T-170/94, EU:T:1997:134, para.122.

(26) Judgment of 30 June 2016, Jinan Meide Casting v Commission, T-424/13, EU:T:2016:378, para. 165, citing judgment of 29 March 2012, Interseroh Scrap and Metals Trading, C-1/11, EU:C:2012:194, para. 43.

(27) Source: Fastmarkets database, https://auth.fastmarkets.com/, accessed on: 20 February 2023

(28) As explained in footnote 50 of the provisional Regulation, since import figures in Surveillance database are expressed in kilogram, the Commission relied on the conversion rate of 1 keg = 10 kg to calculate the number of kegs. Even reducing such an uncontested conversion rate, import volumes from the country concerned during the four weeks period of pre-disclosure would have increased significantly.

(29) European Commission, Directorate-General for Trade, Directorate G, Wetstraat 170 Rue de la Loi, 1040 Brussels, Belgium.

(30) Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1) as amended by Commission implementing Regulation (EU) 2022/1998 of 20 September 2022 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 282, 31.10.2022, p. 1).

(31) 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).

(32) Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558)