Commission Implementing Regulation (EU) 2023/1595 of 3 August 2023 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 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (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 met the second criterion.

(16) Consequently, the Commission concluded that the applicant complies with the condition set out in Article 2(b) of Implementing Regulation (EU) 2019/1198.

(17) With regard to the condition set out in Article 2(c) of the Implementing Regulation (EU) 2019/1198, 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, during the investigation the Commission established that the applicant had indeed exported once to the Union (Ireland) in 2012, therefore after the original investigation period. This was an indirect sale to the Union, because the applicant sold to an Australian trader, however, dispatched the order directly to the end customer of this Australian trader to an end-customer in Dublin, Ireland. Full documentation was provided of this transaction, including order, invoice, shipping documents and bank payments and information was crosschecked through these and other documents of the application. Therefore, the applicant met the third criterion.

(18) Consequently, the Commission concluded that the applicant complies with the condition set out in Article 2(c) of Implementing Regulation (EU) 2019/1198.

(19) Accordingly, the Commission concluded that 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

(20) 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 Chaozhou Jingmei Craft Products Co., Ltd.