Commission Implementing Regulation (EU) 2024/1223of 30 April 2024accepting a request for new exporting producer treatment with regard to the definitive anti-dumping measures imposed on imports of ceramic tiles originating in India and Türkiye and amending Implementing Regulation (EU) 2023/265

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.

between the applicant and another legal entity.

(11) The Turkish Trade Registry Gazette shows that the applicant was founded in 2018 by Anatolia Holding Corp. (Canada). In its comments, the Union industry noted that in the context of another NEPT request concerning another product and other parties, the Commission rejected the request by a newly set up factory because of the sales to the Union of a related trader in the country concerned. The Commission notes that the factual situation in the case at hand is completely different. The related party referred to by the Union industry, in this case, is not located in the country concerned but in Canada.

(12) The Commission found that the Elmaağaçli family, the family founding the Anatolia group, has historical connections

https://www.bizimanadolu.com/archives/Guncel/gun22.htm (last viewed on 29 January 2024).

with Hitit Seramik Sanayi ve Ticaret A.Ş. (Hitit), an exporting producer sampled in the original investigation. However, the applicant has no direct relation to Hitit. Even if certain Elmaağaçli family members were minor shareholders of Hitit in the nineties, at no point have these shareholdings given their owners any control or direction over Hitit. The shareholdings in question were either sold or further diluted to the point that they were essentially insignificant during the original investigation period. Publicly available information shows that the family founding Anatolia group reduced its initial participation in Hitit and that the Hizal family owned 95,5 % of Hitit by 2018

https://www.hurriyet.com.tr/yazarlar/vahap-munyar/aglama-luksum-yoktu-8inci-gun-baskan-oldum-40731455 (article dated 28 February 2018 and last viewed on 19 February 2024).

. The remaining shareholder in Hitit belonging to the Elmaağaçli family is related to the applicant through family ties but has no control or direction over the applicant.