Implementing regulation 2013/217 - Definitive anti-dumping duty on imports of certain aluminium foils in rolls from China - Main contents

EN

Official Journal of the European Union

L 69/11

The Commission, by Regulation (EU) No 833/2012 (2) (the ‘provisional Regulation’) imposed a provisional anti-dumping duty (the ‘provisional measures’) on imports of certain aluminium foils in rolls originating in the People’s Republic of China (the ‘PRC’).

The proceeding was initiated following a complaint lodged on 9 November 2011 by the European association of Metals (Eurométaux) (‘the complainant’) on behalf of producers representing more than 50 % of the total Union production of certain aluminium foil in rolls. The complaint contained prima facie evidence of dumping of the product and of material injury resulting from the dumping, which was considered sufficient to justify the initiation of a proceeding. As set out in recital 17 of the provisional Regulation, the investigation of dumping and injury covered the period from 1 October 2010 to 30 September 2011 (the ‘investigation period’ or ‘IP’). The examination of trends relevant for the assessment of injury covered the period from January 2008 to the end of the IP (the ‘period considered’).

Subsequent to the disclosure of the essential facts and considerations on the basis of which it was decided to impose provisional anti-dumping measures (the ‘provisional disclosure’), several interested parties made written submissions making known their views on the provisional findings. The parties who so requested were granted the opportunity to be heard. In particular, one exporting producer requested and was afforded hearings in the presence of the Hearing Officer of the Directorate-General for Trade.

The Commission continued to seek and verify all information it deemed necessary for its definitive findings.

Following the publication of the provisional Regulation, three of the cooperating Chinese exporting producers stated that their names were incorrectly spelt in Article 1(2) of the provisional Regulation. Accordingly, a corrigendum to the provisional Regulation was published in the Official Journal of the European Union  (3), in which the correct names of these companies were set out.

The product concerned is aluminium foil of a thickness of 0,007 mm or more but less than 0,021 mm, not backed, not further worked than rolled but whether or not embossed, in low weight rolls of a weight not exceeding 10 kg (the ‘product concerned’ or ‘aluminium foil in rolls’ or ‘AHF’). The product concerned currently falls within CN codes ex 7607 11 11 and ex 7607 19 10.

The product concerned is generally used as a consumer product for packaging and other household/catering applications. The product definition was not contested.

The investigation has shown that aluminium foil in rolls produced in and exported from the PRC, aluminium foil in rolls produced and sold in the Union by the Union producers and...