Commission Implementing Regulation (EU) 2021/1821 of 18 October 2021 accepting a request for new exporting producer treatment with regard to the definitive anti-dumping measures imposed on imports of ceramic tableware and kitchenware originating in the People’s Republic of China and amending Implementing Regulation (EU) 2019/1198

Article 127 of Commission Implementing Regulation (EU) 2015/2447 (OJ L 343, 29.12.2015, p. 558) (the EU Customs Code), stipulates that two persons shall be deemed to be related if one of the following conditions is fulfilled: (a) they are officers or directors of the other person’s business; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) a third party directly or indirectly owns or controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they control a third person directly or indirectly; (h) they are members of the same family. Persons who are associated in business with one another in that one is the sole agent, sole distributor or sole concessionaire, however described, of the other shall be deemed to be related only if they fall within the criteria referred to in the preceding sentence.

. Therefore, the applicant fulfils this condition.

(14) With regard to the condition set out in Article 2(c) of Implementing Regulation (EU) 2019/1198, that the applicant has actually exported the product concerned to the Union or has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the original investigation period, during the investigation the Commission established that the applicant exported to the Union in 2019 and 2020, therefore after the original investigation period. The applicant submitted invoices, bills of lading and receipts of payment for three orders placed by a company in France. Therefore, the applicant fulfils this condition.

(15) Accordingly, the applicant fulfils all three conditions to be granted NEPT, as set out in Article 2 of Implementing Regulation (EU) 2019/1198 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.

D.

DISCLOSURE

(16) 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 Liling Taichang Ceramics Co., Ltd.

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

(18) The Regulation is in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EU) 2016/1036,

HAS ADOPTED THIS REGULATION:

Article 1

The following company is added to Annex I to Implementing Regulation (EU) 2019/1198 containing the list of cooperating companies not included in the sample:

CompanyTARIC additional codeLiling Taichang Ceramics Co., LtdC685

Article 2

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.