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Commission Implementing Regulation (EU) 2024/2686
Adopted on 17 October 2024, this regulation initiates an investigation into potential circumvention of existing anti-dumping measures on certain graphite electrode systems imported from the People’s Republic of China (PRC). The focus is on imports of artificial graphite in blocks or cylinders, aiming to determine if these imports undermine the current anti-dumping duties.
Article 1: Initiation of Investigation
An investigation is launched under Article 13(3) of Regulation (EU) 2016/1036 to assess whether imports of artificial graphite in specific forms from the PRC are circumventing the anti-dumping measures established by Implementing Regulation (EU) 2022/558.
Article 2: Registration of Imports
- The customs authorities of Member States are required to register imports identified under Article 1.
- This registration will remain valid for nine months from the regulation’s entry into force.
Article 3: Time-Limits and Submissions
- Interested parties must notify the Commission within 15 days of the regulation’s entry into force.
- To have their views considered, parties must submit written statements, questionnaires, exemption requests, or other relevant information within 37 days of the regulation’s publication in the Official Journal.
- Requests to be heard by the Commission must also be made within these timeframes, specifying the reasons for the hearing.
Article 4: Entry into Force
The regulation becomes effective the day after its publication in the Official Journal of the European Union. It is fully binding and directly applicable across all Member States.
Request Details
The European Commission received a request on 4 September 2024 from the European Carbon and Graphite Association (ECGA) to investigate the circumvention of anti-dumping measures on graphite electrode systems by importing artificial graphite in blocks or cylinders from the PRC.
Product Definitions
- Product Concerned: Graphite electrodes used in electric furnaces with specific density and resistivity, classified under CN code ex 8545 11 00 and TARIC codes 8545 11 00 10 and 8545 11 00 15.
- Product Under Investigation: Artificial graphite in blocks or cylinders meeting certain density and resistivity criteria, classified under CN codes ex 3801 10 00 and ex 3801 90 00 and TARIC codes 3801 10 00 15 and 3801 90 00 80.
Existing Measures
The regulation references existing anti-dumping measures imposed by Implementing Regulation (EU) 2022/558, which target imports of certain graphite electrode systems from the PRC.
Grounds for Investigation
- Evidence suggests that imports of the product under investigation are replacing the product subject to anti-dumping measures.
- The shift in import patterns indicates possible circumvention through assembly or completion operations within the Union.
- These operations have significantly increased, constituting circumvention as they involve substantial parts from the PRC and minimal value addition within the Union.
- The circumvention practices are undermining the remedial effects of existing measures by increasing import volumes and lowering prices of like products.
- Prices of the assembled/completed products are found to be dumped relative to the normal value established for the product concerned.
Additionally, if other circumvention practices are identified during the investigation, they may also be covered under this regulation.
Procedure
Information Submission
- Interested parties must submit information via TRON.tdi within the specified deadlines.
- Submissions involving copyrighted material require explicit permission for use and sharing by the Commission.
- Confidential information must be labeled ‘Sensitive’ and accompanied by non-confidential summaries.
- Failure to provide necessary information may result in the Commission using facts available.
Collection of Information and Hearings
- All interested parties, including Union industry and importers, are invited to submit their views and evidence within the given timeframe.
- The Commission may conduct hearings if requested in writing with justified reasons.
Exemptions
- Under Article 13(4), imports of the product under investigation may be exempted if they do not constitute circumvention.
- Producers and importers wishing to obtain exemptions must apply within the stipulated deadlines using the provided forms.
Registration
Imports of the product under investigation are subject to registration to ensure that, if circumvention is confirmed, appropriate anti-dumping duties can be applied retroactively from the date of registration.
Time-Limits
The regulation sets specific deadlines for various procedural rights, including submissions, exemption requests, and hearing requests, all of which must be adhered to to ensure participation in the investigation.
Non-Cooperation
- If parties do not provide necessary information or impede the investigation, the Commission may rely on available facts to reach its findings.
- Supplying false or misleading information will lead to its disregard, and reliance on available facts.
- Partial cooperation may result in less favorable outcomes for the non-cooperating parties.
Schedule of the Investigation
The investigation is set to conclude within nine months from the regulation’s entry into force.
Processing of Personal Data
Personal data collected during the investigation will be processed in accordance with Regulation (EU) 2018/1725, ensuring the protection of individuals’ data.
Hearing Officer
- Interested parties can request the intervention of a Hearing Officer for various procedural matters, including access to files and confidentiality disputes.
- The Hearing Officer can organize hearings and mediate to ensure the protection of the parties’ rights of defense.
- Requests must be timely and well-justified to be considered.
Final Provisions
- The regulation is binding and directly applicable in all Member States.
- It enters into force the day after its publication in the Official Journal of the European Union.
- The President of the Commission, Ursula von der Leyen, officially adopts the regulation.
References
- Regulation (EU) 2016/1036: Link
- Implementing Regulation (EU) 2022/558: Link
- Regulation (EU) 2018/1725: Link
- Trade Defence Case Correspondence Guidelines: Link
- TRON.tdi Platform: https://webgate.ec.europa.eu/tron/tdi
- Hearing Officer Information: Link
Contact Information
European Commission
Directorate-General for Trade
Directorate G
Office: CHAR 04/039
1049 Bruxelles/Brussel
BELGIQUE/BELGIË
TRON.tdi: https://webgate.ec.europa.eu/tron/tdi
Email: [email protected][:]
