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Commission Implementing Regulation (EU) 2024/2686
Date of Adoption: 17 October 2024
Subject: Investigation on Possible Circumvention of Anti-Dumping Measures on Graphite Electrode Systems from China
Article 1: Initiation of Investigation
An investigation is initiated under Article 13(3) of Regulation (EU) 2016/1036 to determine if imports of artificial graphite in blocks or cylinders from China are circumventing existing anti-dumping measures imposed by Implementing Regulation (EU) 2022/558.
Article 2: Registration of Imports
- Customs authorities of Member States must register the imports identified in Article 1.
- Registration will expire 9 months after the Regulation enters into force.
Article 3: Time-Limits for Interested Parties
- Interested parties must contact the Commission within 15 days from the Regulation’s entry into force.
- Submissions, including questionnaires and exemption requests, must be made within 37 days from publication in the Official Journal.
- Requests to be heard by the Commission must also be submitted within the same 37-day period, with specific provisions for initial stages.
Article 4: Entry into Force
The Regulation becomes effective the day after its publication in the Official Journal of the European Union and is directly applicable across all Member States.
Section A: Request
- The European Commission received a request on 4 September 2024 from the European Carbon and Graphite Association to investigate possible circumvention of anti-dumping measures on certain graphite electrodes from China.
Section B: Product
- Product Concerned: Graphite electrodes used in electric furnaces with specific density and resistivity, classified under CN code ex 8545 11 00.
- Product Under Investigation: Artificial graphite in blocks or cylinders with specified density and resistivity, classified under CN codes ex 3801 10 00 and ex 3801 90 00.
Section C: Existing Measures
- The existing anti-dumping measures are those imposed by Implementing Regulation (EU) 2022/558.
Section D: Grounds for Investigation
- The request provides sufficient evidence that existing measures are being circumvented by the import of the product under investigation.
- There has been a shift in trade patterns, with exports of the targeted product being replaced by the product under investigation due to assembly/completion operations in the Union.
- These practices undermine the remedial effects of the existing measures both in quantity and pricing, with evidence of injurious pricing and increased import volumes.
- Prices of the assembled/completed products in the Union are dumped compared to the normal value of the product concerned.
- The investigation may cover additional circumvention practices identified during its course.
Section E: Procedure
- The Commission has determined that there is sufficient evidence to start the investigation and subject the imports to registration.
- Interested parties must contact the Commission by the deadline set in Article 3(2).
- The authorities of China have been notified about the initiation of the investigation.
Subsection (a): Instructions for Submissions
- Information submitted must be free from third-party copyrights unless permission is obtained.
- All submissions requesting confidential treatment must be labeled ‘Sensitive’ and include non-confidential summaries.
- Parties must use TRON.tdi for submissions and provide accurate contact information for communication.
Subsection (b): Information Collection and Hearings
- All interested parties are invited to submit their views and evidence within the deadline.
- The Commission may hold hearings upon written requests from interested parties.
Subsection (c): Requests for Exemptions
- Importers not engaged in circumvention practices can apply for exemptions within the specified timeframe.
- Questionnaires and exemption forms are available for interested parties to submit their claims.
Section F: Registration
- Imports of the product under investigation must be registered to enable the imposition of anti-dumping duties if circumvention is confirmed.
Section G: Time-Limits
- Sets specific deadlines for interested parties to participate in the investigation process.
- Emphasizes the importance of adhering to time-limits for procedural rights.
Section H: Non-Cooperation
- If parties do not provide necessary information, the Commission may proceed based on available facts.
- Provision of false or misleading information will result in such information being disregarded.
- Partial cooperation may lead to less favorable outcomes for those parties.
Section I: Schedule of the Investigation
- The investigation must be concluded within 9 months from the Regulation’s entry into force.
Section J: Processing of Personal Data
- Personal data collected will be handled according to Regulation (EU) 2018/1725.
- A data protection notice is available on DG Trade’s website.
Section K: Hearing Officer
- Interested parties can request the intervention of a Hearing Officer for trade proceedings.
- The Hearing Officer manages requests related to file access, document confidentiality, time limits, and defense rights.
- Procedures for hearings and mediation are outlined, including requirements for timely and well-reasoned requests.
Conclusion
- All provisions aim to ensure a comprehensive investigation into the potential circumvention of existing anti-dumping measures on specific graphite products imported from China.
- The Regulation outlines detailed procedures, rights, and obligations for all involved parties to facilitate an effective and timely investigation.
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