Date: 2023-03-16Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Regulation (EU) 2023/583 of 15 March 2023 amending Implementing Regulation (EU) 2021/607 imposing a definitive anti-dumping duty on imports of citric acid originating in the People’s Republic of China as extended to imports of citric acid consigned from Malaysia, whether declared as originating in Malaysia or not, following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council
Issued by European Commission
· Directorate-General for Trade and Economic Security
Executive Summary:
Commission Implementing Regulation (EU) 2023/583 amends Implementing Regulation (EU) 2021/607, which imposed definitive antidumping duties on citric acid imports from China, as extended to imports from Malaysia. This amendment reflects the change of name of Weifang Ensign Industry Co., Ltd. to Shandong Ensign Industry Co., Ltd., effective May 26, 2022, and confirms that this change does not affect the company's individual antidumping duty rate. The regulation comes into force the day after its publication in the Official Journal of the European Union.
Key Points / Main Content:
Change of Company Name:
* Weifang Ensign Industry Co., Ltd. changed its name to Shandong Ensign Industry Co., Ltd. on May 26, 2022.
* The Commission confirmed that the name change was properly registered and did not alter the company's relationships with other groups.
Antidumping Duty Rate:
* The change of name does not affect the antidumping duty rate applicable to Shandong Ensign Industry Co., Ltd. under its previous name.
* TARIC additional code A882, previously assigned to Weifang Ensign Industry Co., Ltd., now applies to Shandong Ensign Industry Co., Ltd. as of May 26, 2022.
Financial Implications:
* Any definitive duties paid on imports manufactured by Shandong Ensign Industry Co., Ltd. exceeding the antidumping duty rate established for Weifang Ensign Industry Co., Ltd. will be repaid or remitted.
Implementing Regulation Amendment:
* Article 1(2) of Implementing Regulation (EU) 2021/607 is amended to reflect the company's name change.
Impact Analysis:
Shandong Ensign Industry Co., Ltd. (formerly Weifang Ensign Industry Co., Ltd.):
* Impact: The company's new name is officially recognized for antidumping duty purposes, ensuring the continuation of its existing duty rate.
* Action Required: Ensure all import documentation reflects the updated company name (Shandong Ensign Industry Co., Ltd.) when using TARIC code A882.
European Commission:
* Impact: The Commission is responsible for implementing and enforcing the amended regulation.
* Action Required: Update relevant databases and systems to reflect the company's name change and ensure consistent application of antidumping duties.
EU Importers of Citric Acid from Shandong Ensign Industry Co., Ltd.:
* Impact: Importers will need to ensure that customs declarations accurately reflect the new company name.
* Action Required: Verify that import documentation reflects the updated company name to avoid any issues with customs clearance. Claim reimbursement for duties paid in excess.
EU Customs Authorities:
* Impact: Customs authorities are responsible for applying the correct antidumping duty rate to imports from Shandong Ensign Industry Co., Ltd. and processing reimbursement claims.
* Action Required: Update customs systems and procedures to reflect the company name change and ensure accurate application of antidumping duties. Process reimbursement claims.
Key Entities Referenced
European Commission: The executive branch of the European Union responsible for implementing regulations.
European Union: A political and economic union of member states located primarily in Europe.
Peoples Republic of China: Country of origin of the citric acid imports subject to antidumping duties.
Malaysia: Country from which citric acid is consigned, potentially circumventing antidumping duties.
Regulation EU 2016/1036: Regulation of the European Parliament and of the Council on protection against dumped imports from countries not members of the European Union.
Commission Implementing Regulation EU 2021/607: Commission Implementing Regulation imposing a definitive antidumping duty on imports of citric acid originating in the Peoples Republic of China as extended to imports of citric acid consigned from Malaysia.
Weifang Ensign Industry Co., Ltd.: Chinese company, originally subject to an individual anti-dumping duty rate, that changed its name.
Shandong Ensign Industry Co., Ltd.: The new name of Weifang Ensign Industry Co., Ltd. The regulation confirms that the change of name does not affect its antidumping duty rate.
16.3.2023 EN Official Journal of the European Union L 77/3
COMMISSION IMPLEMENTING REGULATION (EU) 2023/583
of 15 March 2023
amending Implementing Regulation (EU) 2021/607 imposing a definitive anti-dumping duty on
imports of citric acid originating in the People’s Republic of China as extended to imports of citric
acid consigned from Malaysia, whether declared as originating in Malaysia or not, following an
expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament
and of the Council
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 citric acid originating in the People’s Republic of China are subject to definitive anti-dumping duties
imposed by Commission Implementing Regulation (EU) 2021/607(2).
(2) Weifang Ensign Industry Co., Ltd., TARIC(3) additional code A882, a company subject to an individual anti-
dumping duty rate of 33,8 %, informed the Commission on 9 June 2022that it had changed its name to Shandong
Ensign Industry Co., Ltd.
(3) The company requested the Commission to confirm that the change of name does not affect the right of the
company to benefit from the individual anti-dumping duty rate applied to it under its previous name.
(4) The Commission examined the information supplied and concluded that the change of name was properly registered
with the relevant authorities, and did not result in any new relationship with other groups of companies which were
not investigated by the Commission.
(5) Accordingly, this change of name does not affect the findings of Implementing Regulation (EU) 2021/607 and in
particular the anti-dumping duty rate applicable to it.
(6) The name change should take effect as of the date on which the company officially changed its name, namely on
26 May 2022. The applicant provided the notice of approval of the change of name from the local authorities
confirming this date.
(7) Given the considerations in the recitals above, the Commission considered it appropriate to amend Implementing
Regulation (EU) 2021/607 to reflect the changed name of the company previously attributed to additional TARIC
code A882.
(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,
HAS ADOPTED THIS REGULATION:
Article 1
1. Article 1(2) of Implementing Regulation (EU) 2021/607 is amended as follows:
‘Weifang Ensign Industry Co., Ltd. A882’
(1) OJ L 176, 30.6.2016, p. 21.
(2) Commission Implementing Regulation (EU) 2021/607 of 14 April 2021 imposing a definitive anti-dumping duty on imports of citric
acid originating in the People’s Republic of China as extended to imports of citric acid consigned from Malaysia, whether declared as
originating in Malaysia or not, following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European
Parliament and of the Council (OJ L 129, 15.4.2021, p. 73).
(3) The Integrated Tariff of the European Union.L 77/4 EN Official Journal of the European Union 16.3.2023
is replaced by
‘Shandong Ensign Industry Co., Ltd. A882’
2. TARIC additional code A882 previously attributed to Weifang Ensign Industry Co., Ltd. shall apply to Shandong
Ensign Industry Co., Ltd. as of 26 May 2022. Any definitive duty paid on imports of products manufactured by Shandong
Ensign Industry Co., Ltd. in excess of the anti-dumping duty established in Article 1(2) of Implementing Regulation
(EU) 2021/607 as regards Weifang Ensign Industry Co., Ltd. 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, 15 March 2023.
For the Commission
The President
Ursula VON DER LEYEN