GUANGXI BEILIU ZIYANG CERAMIC CO,.LTD

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Good quality Round Dinnerware Sets for sales
Good quality Round Dinnerware Sets for sales
These things happen – and we know you have tried VERY hard for us. know that you are a good partner for this line – so all is well.

—— Beck.c

I do not forget you.For the anti-dumping tax, I do not think it will be canceled. if so, I come to see you with French champagne.

—— F.K

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EUROPEAN COMMISSION

                                PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON
                                                                      COMMERCIAL POLICY
                                                                 EUROPEAN COMMISSION


Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of
ceramic tableware and kitchenware originating in the People's Republic of China
(2018/C 167/06)


Following the publication of a Notice of impending expiry ( 1 ) of the anti-dumping measures in force on the imports of


ceramic tableware and kitchenware originating in the People's Republic of China (‘the country concerned’), the European


Commission (‘the Commission’) has received a request for review pursuant to Article 11(2) of 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 ( 2 ) (‘the basic Regulation’).


1. Request for review
The request was lodged on 16 February 2018 by the FEPF – European Federation for Table-and Ornamentalware (‘the
applicant’) representing more than 30 % of the total Union production of ceramic tableware and kitchenware.


2. Product under review
The product subject to this review is ceramic tableware and kitchenware, excluding ceramic condiment or spice mills
and their ceramic grinding parts, ceramic coffee mills, ceramic knife sharpeners, ceramic sharpeners, ceramic kitchen
tools to be used for cutting, grinding, grating, slicing, scraping and peeling, and cordierite ceramic pizza-stones of
a kind used for baking pizza or bread, currently falling within CN codes ex 6911 10 00, ex 6912 00 21, ex 6912 00 23,
ex 6912 00 25 and ex 6912 00 29 (TARIC codes 6911 10 00 90, 6912 00 21 11, 6912 00 21 91, 6912 00 23 10,
6912 00 25 10 and 6912 00 29 10), and originating in the People's Republic of China (‘the product under review’).


3. Existing measures
The measures currently in force are a definitive anti-dumping duty imposed by Council Implementing Regulation (EU)
No 412/2013 ( 3 ).


4. Grounds for the review
The request is based on the grounds that the expiry of the measures would be likely to result in continuation of dump­
ing and a continuation or recurrence of injury to the Union industry.
4.1. Allegation of likelihood of continuation of dumping
The applicant claimed that it is not appropriate to use domestic prices and costs in the country concerned due to the
existence of significant distortions within the meaning of point (b) of Article 2(6a) of the basic Regulation.
( 1 ) OJ C 268, 12.8.2017, p. 5.
( 2 ) OJ L 131, 15.5.2013, p. 1.
( 3 ) Council Implementing Regulation (EU) No 412/2013 of 13 May 2013 imposing a definitive anti-dumping duty and collecting defini­
tively the provisional duty imposed on imports of ceramic tableware and kitchenware originating in the People's Republic of China
(OJ L 131, 15.5.2013, p. 1).
C 167/6 EN Official Journal of the European Union 15.5.2018
To substantiate the allegations of significant distortions, the applicant referred to a research report dated 9 November
2017 to describe the specific market circumstances in the table- and kitchenware ceramics industry in the country con­
cerned. The report contains evidence of significantly distortive involvement of the State through various plans and pro­
grammes. The report also contains evidence of financial advantages and rebates related to innovation, exports, land,
capital and labour for the production of the product under review.
The applicant also referred to the Commission staff working document dated 20 December 2017, titled ‘Report on
Significant Distortions in the Economy of the PRC for the purposes of the trade defence investigations’ ( 1 ), describing the
specific market circumstances in the country concerned and, in particular, the market distortions for the ceramic sector,
electricity, and raw materials.
As a result, in view of Article 2(6a) of the basic Regulation, the allegation of continuation of dumping is based on
a comparison of a constructed normal value on the basis of costs of production and sale reflecting undistorted prices or
benchmarks in an appropriate representative country, with the export price (at ex-works level) of the product under
review from the country concerned when sold for export to the Union. On that basis, the dumping margins calculated
are significant for the country concerned.
In light of the information available, the Commission considers that there is sufficient evidence pursuant to Article 5(9)
of the basic Regulation tending to show that, due to significant distortions affecting prices and costs, the use of domes­
tic prices and costs in the country concerned is inappropriate, thus warranting the initiation of an investigation on the
basis of Article 2(6a) of the basic Regulation.
4.2. Allegation of likelihood of continuation or recurrence of injury
The applicant alleges likelihood of continuation of injury. The applicant provided evidence that dumped imports to the
Union of the product under review from the country concerned have remained significant in absolute terms and in
terms of market shares allowing the Chinese importing producers to maintain their dominant position in the Union
market and keeping the EU producers in a fragile situation.
The applicant also alleges likelihood of recurrence of injury. In this respect, the applicant has also provided evidence
that, should measures be allowed to lapse, the current import level of the product under review from the country con­
cerned to the Union is likely to increase due to (i) the existence of unused capacity of the exporting producers in the
country concerned and (ii) the attractiveness of the Union market in terms of volume and prices. In the absence of
measures, Chinese export prices would be at a level low enough to injure the Union industry.
In addition, the applicant alleges that any substantial increase of imports at dumped prices from the country concerned
would be likely to cause further injury to the Union industry should measures be allowed to lapse.


5. Procedure
Having determined, after consulting the Committee established by Article 15(1) of the basic Regulation, that sufficient
evidence exists to justify the initiation of an expiry review, the Commission hereby initiates a review in accordance with
Article 11(2) of the basic Regulation.
The expiry review will determine whether the expiry of the measures would be likely to lead to a continuation of dump­
ing of the product under review originating in the country concerned and a continuation or recurrence of injury to the
Union industry.
5.1. Review investigation period and period considered
The investigation of a continuation of dumping will cover the period from 1 April 2017 to 31 March 2018 (‘the review
investigation period’). The examination of trends relevant for the assessment of the likelihood of a continuation or
recurrence of injury will cover the period from 1 January 2014 to the end of the investigation period (‘the period
considered’).
5.2. Procedure for the determination of a likelihood of continuation of dumping
In an expiry review, the Commission examines exports that were made to the Union in the review investigation period
and, irrespective of exports to the Union, considers whether the situation of the companies producing and selling the
product under review in the country concerned is such that exports at dumped prices to the Union would be likely to
continue or recur if measures expire.
( 1 ) SWD(2017)483 final/2 available at: http://trade.ec.europa.eu/doclib/docs/2017/december/tradoc_156474.pdf.
15.5.2018 EN Official Journal of the European Union C 167/7
Therefore, all producers of the product under review from the country concerned, irrespective of whether or not they
exported ( 1 ) the product under review to the Union in the review investigation period, are invited to participate in the
Commission investigation.
5.2.1. Investigating producers in the country concerned
In view of the potentially large number of producers in the country concerned involved in this expiry review and in
order to complete the investigation within the statutory time limits, the Commission may limit the producers to be
investigated to a reasonable number by selecting a sample (this process is also referred to as ‘sampling’). The sampling
will be carried out in accordance with Article 17 of the basic Regulation.
In order to enable the Commission to decide whether sampling is necessary, and if so, to select a sample, all producers,
or representatives acting on their behalf, including the ones who did not cooperate in the investigation leading to the
measures subject to this review, are hereby requested to make themselves known to the Commission. Those parties have
to do so within 15 days of the date of publication of this Notice in the Official Journal of the European Union, unless
otherwise specified, by providing the Commission with the information on their company(ies) requested in Annex I to
this Notice.
In order to obtain the information it deems necessary for the selection of the sample of producers, the Commission will
also contact the authorities of the country concerned and may contact any known associations of producers.
All interested parties wishing to submit any other relevant information regarding the selection of the sample, excluding
the information requested above, must do so within 21 days of the publication of this Notice in the Official Journal of the
European Union, unless otherwise specified.
If a sample is necessary, the producers will be selected based on the largest representative volume of production, sales or
exports which can reasonably be investigated within the time available. All known producers, the authorities of the
country concerned and associations of producers will be notified by the Commission, via the authorities of the country
concerned if appropriate, of the companies selected to be in the sample.
In order to obtain the information it deems necessary for its investigation with regard to producers, the Commission
will send questionnaires to the producers selected to be in the sample, to any known association of producers and to the
authorities of the country concerned.
All producers selected to be in the sample will have to submit a completed questionnaire within 37 days from the date
of notification of the sample selection, unless otherwise specified.
Without prejudice to the possible application of Article 18 of the basic Regulation, companies that have agreed to their
possible inclusion in the sample but are not selected to be in the sample will be considered to be cooperating (‘non-
sampled cooperating producers’).
5.2.2. Additional procedure with regard to the country concerned
In accordance with point (e) of Article 2(6a), the Commission will, shortly after initiation by means of a note to the file
for inspection by interested parties, inform parties to the investigation about the relevant sources that it intends to use
for the purpose of determining normal value pursuant to Article 2(6a) of the basic Regulation. This will cover all
sources, including the selection of an appropriate representative third country where appropriate. Parties to the investi­
gation shall be given 10 days to comment from the date at which that note is added to the file for inspection by inter­
ested parties. According to the information available to the Commission, a possible representative third country is
Brazil. With the aim of finally selecting the appropriate representative third country, the Commission will examine
whether there is a similar level of economic development as the exporting country, whether there is production and
sales of the product under review and whether relevant data are readily available. Where there is more than one such
country, preference will be given, where appropriate, to countries with an adequate level of social and environmental
protection.
With regard to the relevant sources, the Commission invites all producers in the country concerned to provide the
information requested in Annex III to this Notice within 15 days of the date of publication of this Notice in the Official
Journal of the European Union.
In order to obtain the information it deems necessary for its investigation with regard to the alleged significant distor­
tions within the meaning of point (b) of Article 2(6a) of the basic Regulation, the Commission will also send a question­
naire to the Government of the country concerned.
( 1 ) A producer is any company in the country concerned which produces the product under review, including any of its related compa­
nies involved in the production, domestic sales or exports of the product under review.
C 167/8 EN Official Journal of the European Union 15.5.2018
Subject to the provisions of this Notice, all interested parties are hereby invited to make their views known, submit
information and provide supporting evidence regarding the application of Article 2(6a) of the basic Regulation.
Unless otherwise specified, such information and supporting evidence must reach the Commission within 37 days of
the date of publication of this Notice in the Official Journal of the European Union.
5.2.3. Investigating unrelated importers ( 1 ) ( 2 )
Unrelated importers of the product under review from the country concerned to the Union, including those that did not
cooperate in the investigation leading to the measures in force, are invited to participate in this investigation.
In view of the potentially large number of unrelated importers involved in this expiry review and in order to complete
the investigation within the statutory time limits, the Commission may limit to a reasonable number the unrelated
importers that will be investigated by selecting a sample (this process is also referred to as ‘sampling’). The sampling will
be carried out in accordance with Article 17 of the basic Regulation.
In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all unrelated
importers, or representatives acting on their behalf, including the ones who did not cooperate in the investigation lead­
ing to the measures subject to the present review, are hereby requested to make themselves known to the Commission.
Those parties must do so within 15 days of the date of publication of this Notice in the Official Journal of the European
Union, unless otherwise specified, by providing the Commission with the information on their company(ies) requested
in Annex II to this Notice.
In order to obtain information it deems necessary for the selection of the sample of unrelated importers, the Commis­
sion may also contact any known associations of importers.
All interested parties wishing to submit any other relevant information regarding the selection of the sample, excluding
the information requested above, must do so within 21 days of the publication of this Notice in the Official Journal of the
European Union, unless otherwise specified.
If a sample is necessary, the importers may be selected based on the largest representative volume of sales of the prod­
uct under review in the Union which can reasonably be investigated within the time available. All known unrelated
importers and associations of importers will be notified by the Commission of the companies selected to be in the
sample.
In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to
the sampled unrelated importers and to any known association of importers. Those parties must submit a completed
questionnaire within 37 days from the date of the notification of the sample selection, unless otherwise specified.
5.3. Procedure for the determination of a likelihood of a continuation or recurrence of injury
In order to establish whether there is a likelihood of a continuation or recurrence of injury to the Union industry, Union
producers of the product under review are invited to participate in the Commission investigation.
( 1 ) Only importers not related to producers can be sampled. Importers that are related to producers have to fill in Annex I to the
questionnaire for these exporting producers. In accordance with Article 127 of 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, two persons shall be deemed to be related if:
(a) they are officers or directors of the other person's business; (b) they are legally recognised partners in business; (c) they are
employer and employee; (d) a third party directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or
shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by
a third person; (g) together they control a third person directly or indirectly; or (h) they are members of the same family (OJ L 343,
29.12.2015, p. 558). Persons shall be deemed to be members of the same family only if they stand in any of the following
relationships to one another: (i) husband and wife, (ii) parent and child, (iii) brother and sister (whether by whole or half blood),
(iv) grandparent and grandchild, (v) uncle or aunt and nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-law,
(vii) brother-in-law and sister-in-law. In accordance with Article 5(4) of Regulation (EU) No 952/2013 of the European Parliament and
of the Council laying down the Union Customs Code, ‘person’ means a natural person, a legal person, and any association of persons
which is not a legal person but which is recognised under Union or national law as having the capacity to perform legal acts
(OJ L 269, 10.10.2013, p. 1).
( 2 ) The data provided by unrelated importers may also be used in relation to aspects of this investigation other than the determination of
dumping.
15.5.2018 EN Official Journal of the European Union C 167/9
5.3.1. Investigating Union producers
In view of the large number of Union producers involved in this expiry review and in order to complete the investiga­
tion within the statutory time limits, the Commission has decided to limit to a reasonable number the Union producers
that will be investigated by selecting a sample (this process is also referred to as ‘sampling’). The sampling is carried out
in accordance with Article 17 of the basic Regulation.
The Commission has provisionally selected a sample of Union producers. Details can be found in the file for inspection
by interested parties. Interested parties are hereby invited to consult the file (for this they should contact the Commis­
sion using the contact details provided in section 5.7 below). Other Union producers, or representatives acting on their
behalf, including Union producers who did not cooperate in the investigation leading to the measures in force, that
consider that there are reasons why they should be included in the sample must contact the Commission within
15 days of the date of publication of this Notice in the Official Journal of the European Union.
All interested parties wishing to submit any other relevant information regarding the selection of the sample must do so
within 21 days of the publication of this Notice in the Official Journal of the European Union, unless otherwise specified.
All known Union producers and/or associations of Union producers will be notified by the Commission of the compa­
nies finally selected to be in the sample.
In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to
the sampled Union producers and to any known associations of Union producers. Those parties must submit
a completed questionnaire within 37 days from the date of the notification of the sample selection, unless otherwise
specified.
5.4. Procedure for the assessment of Union interest
Should the likelihood of continuation or recurrence of dumping and injury be confirmed, a decision will be reached,
pursuant to Article 21 of the basic Regulation, as to whether maintaining the anti-dumping measures would not be
against the Union interest. Union producers, importers and their representative associations, users and their representa­
tive associations, and representative consumer organisations are invited to make themselves known within 15 days of
the date of publication of this Notice in the Official Journal of the European Union, unless otherwise specified. In order to
participate in the investigation, the representative consumer organisations have to demonstrate, within the same dead­
line, that there is an objective link between their activities and the product under review.
Parties that make themselves known within the 15 days deadline may provide the Commission with information on the
Union interest within 37 days of the date of publication of this Notice in the Official Journal of the European Union, unless
otherwise specified. That information may be provided either in a free format or by completing a questionnaire pre­
pared by the Commission. In any case, information submitted pursuant to Article 21 will only be taken into account if
supported by factual evidence at the time of submission.
5.5. Other written submissions
Subject to the provisions of this Notice, all interested parties are hereby invited to make their views known, submit
information and provide supporting evidence.
Unless otherwise specified, such information and supporting evidence must reach the Commission within 37 days of
the date of publication of this Notice in the Official Journal of the European Union.
5.6. Possibility to be heard by the Commission investigation services
All interested parties may request to be heard by the Commission investigation services. Any request to be heard must
be made in writing and must specify the reasons for the request. For hearings on issues pertaining to the initial stage of
the investigation the request must be submitted within 15 days of the date of publication of this Notice in the Official
Journal of the European Union. Thereafter, a request to be heard must be submitted within the specific deadlines set by the
Commission in its communication with the parties.
5.7. Instructions for making written submissions and sending completed questionnaires and correspondence
Information submitted to the Commission for the purpose of trade defence investigations shall be free from copyrights.
Interested parties, before submitting to the Commission information and/or data which is subject to third party copy­
rights, must request specific permission to the copyright holder explicitly allowing a) the Commission to use the infor­
mation and data for the purpose of this trade defence proceeding and b) to provide the information and/or data to
interested parties to this investigation in a form that allows them to exercise their rights of defence.
C 167/10 EN Official Journal of the European Union 15.5.2018
All written submissions, including the information requested in this Notice, completed questionnaires and correspon­
dence provided by interested parties for which confidential treatment is requested shall be labelled ‘Limited’ ( 1 ). Parties
submitting information in the course of this investigation are invited to reason their request for confidential treatment.
Interested parties providing ‘Limited’ information are required to furnish non-confidential summaries of it pursuant to
Article 19(2) of the basic Regulation, which will be labelled ‘For inspection by interested parties’. Those summaries must
be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confi­
dence. If a party providing confidential information fails to show good cause for a confidential treatment request or
does not furnish a non-confidential summary of it in the requested format and quality, the Commission may disregard
such information unless it can be satisfactorily demonstrated from appropriate sources that the information is correct.
Interested parties are invited to make all submissions and requests by email including scanned powers of attorney and
certification sheets, with the exception of voluminous replies which shall be submitted on a CD-ROM or DVD by hand
or by registered mail. By using email, interested parties express their agreement with the rules applicable to electronic
submissions contained in the document ‘CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE
DEFENCE CASES’ published on the website of the Directorate-General for Trade: http://trade.ec.europa.eu/doclib/docs/
2011/june/tradoc_148003.pdf The interested parties must indicate their name, address, telephone and a valid email
address and they should ensure that the provided email address is a functioning official business email which is checked
on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by email
only, unless they explicitly request to receive all documents from the Commission by another means of communication
or unless the nature of the document to be sent requires the use of a registered mail. For further rules and information
concerning correspondence with the Commission including principles that apply to submissions by email, interested
parties should consult the communication instructions with interested parties referred to above.
Commission address for correspondence:
European Commission
Directorate-General for Trade
Directorate H
Office: CHAR 04/039
1049 Bruxelles/Brussel
BELGIQUE/BELGIË
Email: TRADE-R687-TABLEWARE-DUMPING@ec.europa.eu
TRADE-R687-TABLEWARE-INJURY@ec.europa.eu


6. Non-cooperation
In cases where any interested party refuses access to or does not provide the necessary information within the time
limits, or significantly impedes the investigation, findings, affirmative or negative, may be made on the basis of facts
available, in accordance with Article 18 of the basic Regulation.
Where it is found that any interested party has supplied false or misleading information, the information may be disre­
garded and use may be made of facts available.
If an interested party does not cooperate or cooperates only partially and findings are therefore based on facts available
in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had
cooperated.
Failure to give a computerised response shall not be deemed to constitute non-cooperation, provided that the interested
party shows that presenting the response as requested would result in an unreasonable extra burden or unreasonable
additional cost. The interested party should immediately contact the Commission.


7. Hearing Officer
Interested parties may request the intervention of the Hearing Officer in trade proceedings. The Hearing Officer acts as
an interface between the interested parties and the Commission investigation services. The Hearing Officer reviews
requests for access to the file, disputes regarding the confidentiality of documents, requests for extension of time limits
and requests by third parties to be heard. The Hearing Officer may organise a hearing with an individual interested
party and mediate to ensure that the interested parties' rights of defence are being fully exercised.
( 1 ) A ‘Limited’ document is a document which is considered confidential pursuant to Article 19 of the basic Regulation and Article 6 of
the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement). It is also a document protected
pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43).
15.5.2018 EN Official Journal of the European Union C 167/11
A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the
request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within
15 days of the date of publication of this Notice in the Official Journal of the European Union.
For further information and contact details interested parties may consult the Hearing Officer's web pages on DG
Trade's website: http://ec.europa.eu/trade/trade-policy-and-you/contacts/hearing-officer/


8. Schedule of the investigation
The investigation will be concluded, pursuant to Article 11(5) of the basic Regulation within 15 months of the date of
the publication of this Notice in the Official Journal of the European Union.


9. Possibility to request a review under Article 11(3) of the basic Regulation
As this expiry review is initiated in accordance with the provisions of Article 11(2) of the basic Regulation, the findings
thereof will not lead to the existing measures being amended but will lead to those measures being repealed or main­
tained in accordance with Article 11(6) of the basic Regulation.
If any interested party considers that a review of the measures is warranted so as to allow for the possibility to amend
the measures, that party may request a review pursuant to Article 11(3) of the basic Regulation.
Parties wishing to request such a review, which would be carried out independently of the expiry review mentioned in
this Notice, may contact the Commission at the address given above.


10. Processing of personal data
Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the
European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the
processing of personal data by the Community institutions and bodies and on the free movement of such data ( 1 ).

Pub Time : 2018-05-28 08:04:50 >> News list
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