On 12 July 2019, following an expiry review pursuant to pursuant to Article 11(2) of the basic Regulation, the Commission extended the measures for another five years by Implementing Regulation (EU) 2019/1198.

In the original investigation, sampling was applied for investigating the exporting producers in the PRC in accordance with Article 17 of Regulation (EU) 2016/1036.

The Commission imposed individual anti-dumping duty rates ranging from 13,1 % to 23,4 % on imports of the product concerned for the sampled exporting producers. For the cooperating exporting producers that were not included in the sample, a duty rate of 17,9 % was imposed. The cooperating exporting producers not included in the sample are listed in Annex I of Implementing Regulation (EU) 2019/2131. Furthermore, a country-wide duty rate of 36,1 %. was imposed on the product concerned from companies in the PRC which either did not make themselves known or did not cooperate with the investigation.

1. (a)

   it did not export to the Union the product concerned during the period of investigation on which the measures are based, that is from 1 January 2011 to 31 December 2011 (‘the original investigation period’);

2. (b)

   it is not related to any of the exporters or producers in the PRC which are subject to the anti-dumping measures imposed by the original Regulation; and

3. (c)

   it has actually exported to the Union the product concerned after the end of the original investigation period or has entered into an irrevocable contractual obligation to export a significant quantity to the Union.

The group of related companies Huatai Ceramics Industry Limited, Hunan, China and Kerun Ceramics Manufactory Ltd. (‘Huatai and Kerun’ or the ‘applicant’), submitted a request to the Commission to be granted new exporting producer treatment (‘NEPT’) and hence be subject to the duty rate applicable to the cooperating companies in the PRC not included in the sample, which is 17,9 %. The applicant claimed that it met all three conditions set out in Article 2 of the original Regulation.

In order to determine whether the applicant fulfilled the conditions for being granted NEPT, as set out in Article 2 of the original Regulation (‘the NEPT conditions’), the Commission first sent a questionnaire to the applicant requesting evidence showing that it met the NEPT conditions.

Following the analysis of the questionnaire reply, the Commission requested further information and supporting evidence, which was submitted by the applicant.

With regard to the condition set out in Article 2(a) of the original Regulation that the applicant did not export the product concerned to the Union during the period of investigation on which the measures are based, that is from 1 January 2011 to 31 December 2011 (‘the original investigation period’), the Commission established that the applicant indeed did not export to the EU during the IP. Huatai was established in September 2010 as a domestic seller of ceramics. Its articles of association show that it did not have an export license until March 2012 and was not able to produce the product concerned until December 2012, which is after the IP. Kerun was established in October 2004. It did not obtain a license to produce the product concerned until July 2018 and did not get an export license until May 2019, both of which are after the IP. Therefore, the applicant fulfils this condition.

With regard to the condition set out in Article 2(c) of the original Regulation, that the applicant has actually exported the product concerned to the Union after the original investigation period or has entered into an irrevocable contractual obligation to export a significant quantity to the Union, the Commission established that the applicant had exported to the Union in 2019, therefore after the original investigation period. The applicant submitted invoices, a packing list, a bill of lading and a receipt of payment for an order placed in 2019 by a company in Austria. Therefore, the applicant fulfils this condition.

Accordingly, the applicant fulfils all three conditions to be granted NEPT, as set out in Article 2 of the original Regulation and the request should therefore be accepted. Consequently, the applicant should be subject to an anti-dumping duty of 17,9 % for cooperating companies not included in the sample of the original investigation.

The applicant and the Union industry were informed of the essential facts and considerations based on which it was considered appropriate to grant the anti-dumping duty rate applicable to the cooperating companies not included in the sample of the original investigation to Huatai Ceramics Industry Limited, Hunan, China and Kerun Ceramics Manufactory Ltd. (‘Huatai and Kerun’).

The parties were granted the possibility to submit comments. No comments were received.

The Regulation is in accordance with the opinion of the Committee established by Article 15(1) of the basic Regulation,