Explanatory Memorandum to COM(2013)206 - Definitive anti-dumping duty on imports of ceramic tableware and kitchenware from China - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2013)206 - Definitive anti-dumping duty on imports of ceramic tableware and kitchenware from China. |
|---|---|
| source | COM(2013)206  |
| date | 15-04-2013 |
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 anti-dumping proceeding concerning imports of ceramic tableware and kitchenware 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
Provisional measures were imposed by Commission Regulation (EU) No 1072/2012 (OJ L 318, 15.11.2012, p. 28.).
Consistency with other policies and objectives of the Union
Not applicable.
Contents
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 contain provisions for a general impact assessment but contains an exhaustive list of conditions that have to be assessed.
Summary of the proposed action
On 16 February 2012 the Commission initiated an anti-dumping proceeding concerning imports of ceramic tableware and kitchenware originating in the People's Republic of China.
The Commission imposed provisional anti-dumping duties on these imports by Regulation (EU) No 1072/2012 of 14 November 2012.
The attached proposal for a Council Regulation is based on the definitive findings which have confirmed the existence of dumping causing injury, and the fact that the imposition of measures is not against the overall Union interest. Although the product scope and the final duty rates have been amended, the provisional findings were confirmed.
It is therefore proposed that the Council adopt the attached proposal for a Regulation which should be published no later than 14 May 2013.
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.
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.
The proposal has no implication for the Union budget.