Date: 2022-07-25Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Regulation (EU) 2022/1292 of 22 July 2022 amending Implementing Regulation (EU) 2021/1976 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of mono ethylene glycol originating in the United States of America and the Kingdom of Saudi Arabia
Issued by European Commission
· Directorate-General for Trade and Economic Security
Executive Summary:
This Commission Implementing Regulation (EU) 2022/1292 amends Implementing Regulation (EU) 2021/1976, which imposed a definitive antidumping duty on imports of mono ethylene glycol (MEG) from the United States of America and the Kingdom of Saudi Arabia. It adds Indorama Ventures Oxide Glycols LLC to the list of companies subject to the same antidumping duty rate as its related company, Indorama Ventures Oxides LLC, effective from March 7, 2022. The regulation entered into force on July 26, 2022.
Key Points / Main Content:
Amendment to Antidumping Duty:
* Regulation (EU) 2021/1976, concerning antidumping duties on MEG imports, is amended.
* Indorama Ventures Oxide Glycols LLC is added to the Annex of Implementing Regulation (EU) 2021/1976 with TARIC additional code C681.
Application of TARIC Code:
* TARIC additional code C681, previously attributed to Indorama Ventures Oxides LLC, now also applies to Indorama Ventures Oxide Glycols LLC, as of March 7, 2022.
Duty Reimbursement:
* As of March 7, 2022, any definitive duty paid on MEG imports manufactured by Indorama Ventures Oxide Glycols LLC exceeding the antidumping duty rate for Indorama Ventures Oxides LLC will be repaid or remitted.
Entry into Force:
* This Regulation entered into force on July 26, 2022.
Impact Analysis:
European Commission:
* Impact: Responsible for implementing and enforcing the amended regulation.
* Action Required: Ensure the amended regulation is applied correctly.
Indorama Ventures Oxide Glycols LLC:
* Impact: Subject to the antidumping duty rate applied to its related company, Indorama Ventures Oxides LLC.
* Action Required: Comply with the antidumping duty rate and claim reimbursement for any excess duties paid since March 7, 2022.
EU Importers of MEG from Indorama Ventures Oxide Glycols LLC:
* Impact: Entitled to reimbursement of excess duties paid since March 7, 2022, on MEG imports from Indorama Ventures Oxide Glycols LLC.
* Action Required: Claim reimbursement for any definitive duty paid in excess of the antidumping duty established in Article 1(2) of Implementing Regulation EU 2021/1976 as regards Indorama Ventures Oxides LLC since March 7, 2022.
EU Customs Authorities:
* Impact: Responsible for processing reimbursement claims and applying the correct duty rate.
* Action Required: Process reimbursement claims for excess duties paid by importers and ensure correct application of antidumping duty based on the amended regulation.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Commission Implementing Regulation EU 2022/1292: A regulation amending Implementing Regulation EU 2021/1976 regarding antidumping duties on mono ethylene glycol imports.
Commission Implementing Regulation EU 2021/1976: A regulation imposing a definitive antidumping duty on imports of mono ethylene glycol.
United States of America: One of the countries of origin for the mono ethylene glycol imports subject to antidumping duties.
Kingdom of Saudi Arabia: One of the countries of origin for the mono ethylene glycol imports subject to antidumping duties.
Indorama Ventures Oxides LLC: A US company subject to antidumping measures as an exporting producer.
Indorama Ventures Oxide Glycols LLC: A related company to Indorama Ventures Oxides LLC, requesting to benefit from the same antidumping duty rate.
mono ethylene glycol: The product subject to antidumping duties in the mentioned regulations.
25.7.2022 EN Official Journal of the European Union L 196/119
COMMISSION IMPLEMENTING REGULATION (EU) 2022/1292
of 22 July 2022
amending Implementing Regulation (EU) 2021/1976 imposing a definitive anti-dumping duty and
definitively collecting the provisional duty imposed on imports of mono ethylene glycol originating
in the United States of America and the Kingdom of Saudi Arabia
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016on protection
against dumped imports from countries not members of the European Union(1), and in particular Article 14(1) thereof,
Whereas:
(1) Imports of mono ethylene gycol (‘MEG’) originating in the United States of America and the Kingdom of Saudi
Arabia are subject to a definitive anti-dumping duty, imposed by Commission Implementing Regulation (EU)
2021/1976(2).
(2) The US company Indorama Ventures Oxides LLC, TARIC(3) additional code C681, is subject to the anti-dumping
measures for cooperating non-sampled exporting producers imposed by Implementing Regulation (EU) 2021/1976.
(3) Indorama Ventures (Oxide & Glycols) LLC, a related company to Indorama Ventures Oxides LLC informed the
Commission on 7 March 2022 that it would like to export MEG to the Union and requested the Commission to
confirm that it could benefit from the anti-dumping duty rate applied to its related company, Indorama Ventures
Oxides LLC, in view of the fact that it was not included in the Annex of Implementing Regulation (EU) 2021/1976.
(4) The Commission reviewed the information supplied by Indorama Ventures (Oxide & Glycols) LLC in the context of
the original investigation and could verify that Indorama Ventures (Oxide & Glycols) LLC is related to Indorama
Ventures Oxides LLC and did not export MEG to the Union during the original investigation period.
(5) Moreover, since Indorama Ventures Oxides LLC was not sampled, the Commission recalled that no individual
margin was established for the company, subject to the sample average duty rate.
(6) Given the considerations in the recitals above, the Commission considered it appropriate to amend the Annex of
Implementing Regulation (EU) 2021/1976 and add Indorama Ventures (Oxide & Glycols) LLC with the same TARIC
additional code C681 as its related company, Indorama Ventures Oxides LLC.
(7) TARIC additional code C681 previously attributed to Indorama Ventures Oxides LLC should apply to Indorama
Ventures (Oxide & Glycols) LLC as well as of 7 March 2022.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Committee established by
Article 15(1) of Regulation (EU) 2016/1036,
(1) OJ L 176, 30.6.2016, p. 21.
(2) Commission Implementing Regulation (EU) 2021/1976 of 12 November 2021 imposing a definitive anti-dumping duty and
definitively collecting the provisional duty imposed on imports of mono ethylene glycol originating in the United States of America
and the Kingdom of Saudi Arabia (OJ L 402, 15.11.2021, p. 17).
(3) The Integrated Tariff of the European Union.L 196/120 EN Official Journal of the European Union 25.7.2022
HAS ADOPTED THIS REGULATION:
Article 1
1. The Annex of Implementing Regulation (EU) 2021/1976 is amended as follows:
‘United States of America Indorama Ventures Oxides LLC C681’
is replaced by
‘United States of America Indorama Ventures Oxides LLC; C681’
Indorama Ventures (Oxide & Glycols) LLC
2. TARIC additional code C681 previously attributed to Indorama Ventures Oxides LLC shall apply to Indorama
Ventures (Oxide & Glycols) LLC as well as of 7 March 2022.
3. As of 7 March 2022, any definitive duty paid on imports of products manufactured by Indorama Ventures (Oxide &
Glycols) LLC in excess of the anti-dumping duty established in Article 1(2) of Implementing Regulation (EU) 2021/1976 as
regards Indorama Ventures Oxides LLC shall be repaid or remitted in accordance with the applicable customs legislation.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 July 2022.
For the Commission
The President
Ursula VON DER LEYEN