See Full Document Text
Official Journal EN
of the European Union L series
2026/99 16.1.2026
COMMISSION IMPLEMENTING REGULATION(EU) 2026/99
of 15 January 2026
imposing a definitive anti-dumping duty on imports of peroxosulphates (persulphates) originating in
the People’s Republic of China 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 2016 on protection
against dumped imports from countries not members of the European Union(1)(‘the basic Regulation’), and in particular
Article 11(2) thereof,
Whereas:
1. PROCEDURE
1.1. Previous investigations and measures in force
(1) By Regulation (EC) No 1184/2007(2), the Council imposed anti-dumping duties on imports of peroxosulphates,
originating in the People’s Republic of China (‘the original measures’). Two companies were granted market
economy treatment (‘MET’), one of which received individual dumping duty rate of 24,5 %. The other company was
found not to be dumping and was excluded from measures. All other companies were subject to a duty rate of
71,8 %. The investigation that led to the imposition of the original measures will hereinafter be referred to as ‘the
original investigation’.
(2) In December 2013, the Council, following an expiry review, extended the anti-dumping measures by Council
Implementing Regulation (EU) No 1343/2013(3).
(3) In January 2020, following the second expiry review, the European Commission (‘the Commission’) extended the
measures through Regulation (EU) 2020/39(4).
(4) In March 2020, the Commission following, an anti-circumvention investigation, by Regulation (EU) 2020/477(5)
amended Regulation (EU) 2020/39 and made the company which was excluded from the measures subject to a
duty rate of 71,8 %.
(5) The anti-dumping duties currently in force are at 24,5 % on imports from the sampled exporting producer, and a
duty rate of 71,8 % on all other companies from the People’s Republic of China.
(1) OJ L 176, 30.6.2016, p. 21, ELI: http://data.europa.eu/eli/reg/2016/1036/oj.
(2) Council Regulation (EC) No 1184/2007 of 9 October 2007 imposing a definitive anti-dumping duty and collecting definitively the
provisional duty imposed on imports of peroxosulphates (persulphates) originating in the United States of America, the People’s
Republic of China and Taiwan (OJ L 265, 11.10.2007, p. 1, ELI: http://data.europa.eu/eli/reg/2007/1184/oj).
(3) Council Implementing Regulation (EU) No 1343/2013 of 12 December 2013 imposing a definitive anti-dumping duty on imports of
peroxosulphates (persulphates) originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of
Regulation (EC) No 1225/2009 (OJ L 338, 17.12.2013, p.11, ELI: http://data.europa.eu/eli/reg_impl/2013/1343/oj).
(4) Commission Implementing Regulation (EU) 2020/39 of 16 January 2020 imposing a definitive anti-dumping duty on imports of
peroxosulphates (persulphates) originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of
Regulation (EU) 2016/1036 of the European Parliament and of the Council (OJ L 13, 17.1.2020, p. 18, ELI: http://data.europa.eu/eli/
reg_impl/2020/39/oj).
(5) Commission Implementing Regulation (EU) 2020/477 of 31 March 2020 amending Commission Implementing Regulation
(EU) 2020/39 imposing a definitive anti-dumping duty on imports of peroxosulphates (persulphates) originating in the People’s
Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament
and of the Council (OJ L 100, 1.4.2020, p. 25, ELI: http://data.europa.eu/eli/reg_impl/2020/477/oj).
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1.2. Request for an expiry review
(6) Following the publication of a notice of impending expiry of the measures in force(6), the Commission received a
request for a review pursuant to Article 11(2) of the basic Regulation.
(7) The request for review was submitted on 16 October 2024 by two Union producers (RheinPerChemie GmbH and
United Initiators GmbH referred to as the ‘applicants’) representing 100 % of the total Union production. The
request for review was based on the grounds that the expiry of the measures would be likely to result in
continuation or recurrence of dumping and recurrence of injury to the Union industry.
1.3. Initiation of an expiry review
(8) On 17 January 2025 the Commission announced, by a notice published in the Official Journal of the European
Union(7) (‘the Notice of Initiation’) the initiation of an expiry review on the basis of Article 11(2) of the basic
Regulation.
1.4. Review investigation period and period considered
(9) The investigation of continuation or recurrence of dumping covered the period from 1 January 2024 to
31 December 2024 (‘the review investigation period’). The examination of trends relevant for the assessment of the
likelihood of a continuation or recurrence of injury covered the period from 1 January 2021 to the end of the
review investigation period (‘the period considered’).
1.5. Interested parties
(10) In the Notice of Initiation, interested parties were invited to contact the Commission in order to participate in the
investigation. In addition, the Commission specifically informed the applicants, the known exporting producers in
the People’s Republic of China, the known unrelated importers in the Union and the authorities of the PRC about
the initiation of the expiry and invited them to participate.
(11) Interested parties had an opportunity to comment on the initiation of the expiry review and to request a hearing
with the Commission and/or the Hearing Officer in trade proceedings. None of the parties requested a hearing.
1.6. Sampling
(12) In the Notice of Initiation, the Commission stated that it might sample exporting producers in the PRC and unrelated
importers in accordance with Article 17 of the basic Regulation. No exporting producers came forward to cooperate
in the review investigation.
Sampling of importers
(13) To decide whether sampling was necessary and, if so, to select a sample, the Commission asked unrelated importers
to provide the information specified in the Notice of Initiation.
(14) No unrelated importers provided the requested information. The Commission decided that sampling was not
necessary. No comments were received to this decision.
1.7. Replies to the questionnaire
(15) The Commission sent a questionnaire concerning the existence of significant distortions in the PRC within the
meaning of Article 2(6a)(b) of the basic Regulation to the Government of the People’s Republic of China (‘GOC’).
(6) OJ C, C/2024/2798, 23.4.2024.
(7) OJ C, C/2025/360, 17.1.2025.
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(16) The Commission made available online(8)the questionnaires for all exporters, Union producers and users.
(17) Questionnaire replies were received from the two Union producers.
1.8. Verification
(18) The Commission sought and verified all the information deemed necessary for the determination of likelihood of
continuation or recurrence of dumping and injury and of the Union interest. Verification visits pursuant to
Article 16 of the basic Regulation were carried out at the premises of the following companies:
Union producers
— RheinPerChemie GmbH & Co. KG, Germany,
— United Initiators GmbH, Germany.
1.9. Subsequent procedure
(19) On 20 October 2025, the Commission disclosed the essential facts and considerations on the basis of which it
intended to maintain the anti-dumping duties in force. All parties were granted a period within which they could
make comments on the disclosure.
(20) The comments made by interested parties were considered by the Commission and taken into account, where
appropriate. The parties who so requested were granted a hearing.
2. PRODUCT UNDER REVIEW, PRODUCT CONCERNED AND LIKE PRODUCT
2.1. Product under review
(21) The product under review is peroxosulphates (persulphates), including potassium peroxymonosulphate sulphate,
currently falling under CN codes 2833 40 00 and ex 2842 90 80 (TARIC code 2842 90 80 20) (‘the product under
review’).
(22) Persulphates are used mainly as polymerisation initiators in the production of polymers for a wide variety of
applications. Another significant area of use is surface preparation, notably as an etching agent in the preparation of
printed circuit boards. The strong oxidising properties of persulphates are used in a wide variety of industries and
applications including cosmetics (hair bleaching and denture cleaning), textiles desizing, pulp and paper production,
swimming pool disinfectants, organic synthesis and soil remediation.
2.2. Product concerned
The product concerned by this investigation is the product under review originating in the People’s Republic of
China.
2.3. Like product
(23) As established in the original investigation, this expiry review investigation confirmed that the following products
have the same basic physical, chemical and technical characteristics as well as the same basic uses:
— the product concerned when exported to the Union,
— the product concerned produced and sold on the domestic market of the PRC,
— the product under review produced and sold by the exporting producers to the rest of the world, and
— the product under review produced and sold in the Union by the Union industry.
(8) https://tron.trade.ec.europa.eu/investigations/case-view?caseId=2773.
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(24) These products are therefore considered to be like products within the meaning of Article 1(4) of the basic
Regulation.
3. LIKELIHHOOD OF RECURRENCE OF DUMPING
3.1. Preliminary remarks
(25) During the review investigation period, imports of persulphates from the PRC disappeared almost completely from
the Union market. According to Eurostat, imports of persulphates from the PRC accounted for about 0,01 % of the
Union market in the review investigation period(9) compared to 25 % market share during the previous expiry
review. Imports from the PRC were stable for 2022 and 2023 but decreased during the review investigation period.
(26) Thus, the Commission investigated, in accordance with Article 11(2) of the basic Regulation, the likelihood of
recurrence of dumping, should the measures be repealed. The following elements were analysed: the production
capacity and spare capacity in the PRC; the relationship between export prices to third countries and normal value
constructed for the PRC and the attractiveness of the Union market.
(27) As mentioned in recital (12), none of the exporters/producers from the PRC cooperated in the investigation.
Therefore, the Commission informed the authorities of the PRC that due to the absence of cooperation, the
Commission might apply Article 18 of the basic Regulation concerning the findings with regard to the PRC. The
Commission did not receive any comments in this regard(10).
(28) Consequently, in accordance with Article 18 of the basic Regulation, the findings in relation to the likelihood of
recurrence of dumping were based on facts available, in particular information provided in the request for review,
publicly available data from Türkiye, which was selected as representative country, including from the Turkish
Statistical Institute(11), the Turkish Energy Market Authority, the President of the Republic of Türkiye Investment
Office(12), Trading Economics(13) as well as data from Orbis Bureau van Dijk (‘Orbis’)(14) and Global Trade Atlas
(‘GTA’)(15).
(29) To analyse the likelihood of recurrence of dumping, in particular for the purpose of price comparisons, the
Commission first determined the normal value as detailed in Sections 3.2 to 3.5 below.
3.2. Procedure for the determination of the normal value under Article 2(6a) of the basic Regulation
for the imports of persulphates originating in the PRC
(30) Given the sufficient evidence available at the initiation of the investigation tending to show, with regard to the PRC,
the existence of significant distortions within the meaning of point (b) of Article 2(6a) of the basic Regulation, the
Commission initiated the investigation on the basis of Article 2(6a) of the basic Regulation.
(31) In order to obtain information, it deemed necessary for its investigation with regard to the alleged significant
distortions, the Commission sent a questionnaire to the GOC. In addition, in point 5.3.2 of the Notice of Initiation,
the Commission invited all interested parties to make their views known, submit information and provide
supporting evidence regarding the application of Article 2(6a) of the basic Regulation within 37 days of the date of
publication of the Notice of Initiation in the Official Journal of the European Union.
(9) See Section 4.3.1 of this Regulation.
(10) Tron.tdi Save No. t25.001384.
(11) https://www.tuik.gov.tr/Home/Index.
(12) https://www.invest.gov.tr/en/investmentguide/pages/default.aspx.
(13) https://shorturl.at/SKGzX.
(14) https://login.bvdinfo.com/R1/Orbis.
(15) http://www.gtis.com/gta/secure/default.cfm.
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(32) No questionnaire reply was received from the GOC and no submission on the application of Article 2(6a) of the
basic Regulation was received within the deadline. Subsequently, on 27 July 2025, the Commission informed the
GOC that it would use facts available within the meaning of Article 18 of the basic Regulation for the
determination of the existence of the significant distortions in the PRC. No comments were raised by the GOC in
this regard.
(33) In point 5.3.2 of the Notice of Initiation, the Commission also specified that, in view of the evidence available, it had
provisionally selected Türkiye as an appropriate representative country pursuant to Article 2(6a)(a) of the basic
Regulation for the purpose of determining the normal value based on undistorted prices or benchmarks. The
Commission further stated that it would examine other possibly appropriate countries in accordance with the
criteria set out in first indent of Article 2(6a) of the basic Regulation.
(34) On 15 April 2025, the Commission issued a Note for the file on the sources for the determination of the normal
value (‘the Note’)(16). Interested parties were given adequate time to comment.
(35) By the Note, the Commission also informed interested parties on the relevant sources it intended to use for the
determination of the normal value, with Türkiye as the representative country.
(36) In the Note, the Commission informed interested parties that, given the absence of cooperation it would base other
direct costs and manufacturing overheads on the information regarding the Union industry provided in the expiry
review request and additional information received from the applicants and express them as percentages.
(37) It also informed interested parties that it would establish selling, general and administrative (‘SG&A’) cost and profits
based on readily available information for one Turkish producer, Alkim Alkali Kimya, who was profitable during the
most recent financial year 2023, with available financial data and showed a reasonable level of SG&A cost and profit.
(38) Finally, by the Note, the Commission invited interested parties to comment on the sources and the appropriateness
of Türkiye as a representative country and to suggest other countries, provided they submitted sufficient
information on the relevant criteria. No comments were received.
3.2.1. Normal value
(39) According to Article 2(1) of the basic Regulation, ‘the normal value shall normally be based on the prices paid or payable, in
the ordinary course of trade, by independent customers in the exporting country’.
(40) However, according to Article 2(6a)(a) of the basic Regulation, ‘in case it is determined […] that it is not appropriate to
use domestic prices and costs in the exporting country due to the existence in that country of significant distortions within the
meaning of point (b), the normal value shall be constructed exclusively on the basis of costs of production and sale reflecting
undistorted prices or benchmarks’, and ‘shall include an undistorted and reasonable amount of administrative, selling and
general costs and for profits’(‘administrative, selling and general costs’is refereed hereinafter as ‘SG&A’).
(41) As further explained below, the Commission concluded in the present investigation that, based on the evidence
available, and in view of the lack of cooperation of the GOC and the exporting producers, the application of
Article 2(6a) of the basic Regulation was appropriate.
3.2.2. Existence of significant distortions
(42) The Commission examined the evidence on the file to decide whether significant distortions within the meaning of
Article 2(6a)(b) of the basic Regulation exist in the PRC, rendering the use of domestic prices and costs in that
country inappropriate. That analysis covered the following evidentiary elements on the various criteria relevant to
establish the existence of significant distortions.
(16) Tron.tdi Save No. t25.004521.
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(43) First, the evidence contained in the request included the following elements pointing to the existence of significant
distortions.
(44) The applicants noted that significant distortions exist with respect to all the elements of the cost of production of
peroxosulphates. Furthermore, the applicants argued that the situation which was prevailing at the time of the
Commission’s most recent expiry review regarding imports of peroxosulphates in China has not changed.
(45) In particular, the applicants mentioned in the request, distortions in relation to the prices of electricity as electricity
costs account for a significant proportion of peroxosulphates manufacturing costs. The applicants also mentioned
the existence of distortions in the prices of the principal raw materials to produce peroxosulphates, namely:
ammonium sulphate, liquid ammonia, sulphuric acid, sodium hydroxide and potassium hydroxide. Moreover, the
applicants pointed out in the request the State intervention affecting the supply chain throughout China for these
raw materials, noting that as a result, prices for the supply for these materials are not subject to free market forces.
(46) In addition, the request mentioned the State influence in some of the Chinese exporting producers. The applicants
also argued that State interference is evidenced in all factors of production of the product under review noting that
distortions affect also capital, land, labour as evidenced in the original investigation and in past expiry reviews.
Furthermore, the request mentioned the Chinese 14 FYP on developing the raw materials industry where in Section
IV.2 it is specifically mentioned the goal to ‘Formulate the conditions for the identification of chemical parks, guide
local governments to identify a number of chemical parks, and guide the clustering and standardized development
of chemical enterprises (…)’.
(47) Second, in recent investigations concerning the chemical sector in the PRC, the Commission found that significant
distortions in the sense of Article 2(6a)(b) of the basic Regulation were present. In those investigations, the
Commission found that there is substantial government intervention in the PRC resulting in a distortion of the
effective allocation of resources in line with market principles. In particular, the Commission concluded that in the
chemical sector, not only does a substantial degree of ownership by the GOC persists in the sense of Article 2(6a)(b),
first indent of the basic Regulation but the GOC is also in a position to interfere with prices and costs through State
presence in firms in the sense of Article 2(6a)(b), second indent of the basic Regulation. The Commission found
further that the State’s presence and intervention in the financial markets, as well as in the provision of raw
materials and inputs further have an additional distorting effect on the market. Indeed, overall, the system of
planning in the PRC results in resources being driven to sectors designated as strategic or otherwise politically
important by the GOC, rather than being allocated in line with market forces. Moreover, the Commission
concluded that the Chinese bankruptcy and property laws do not work properly in the sense of Article 2(6a)(b),
fourth indent of the basic Regulation, thus generating distortions in particular when maintaining insolvent firms
afloat and when allocating land use rights in the PRC. In the same vein, the Commission found distortions of wage
costs in the chemical sector in the sense of Article 2(6a)(b), fifth indent of the basic Regulation, as well as
distortions in the financial markets in the sense of Article 2(6a)(b), sixth indent of the basic Regulation, in particular
concerning access to capital for corporate actors in the PRC.
(48) Third, in most recent expiry review concerning the product concerned the Commission concluded that significant
distortions within the meaning of point (b) of Article 2(6a) of the basic Regulation were present. No major
structural changes in the PRC in general and/or in the relevant sector in particular, capable of affecting that
conclusion, are known to the Commission.
(49) Fourth, additional evidence available in the Report on Significant Distortions in the Economy of China (‘Report’),
prepared by the Commission pursuant to Article 2(6a)(c) of the basic Regulation, pointed to the existence of
significant distortions also during the review investigation period.
(50) Fifth, no evidence or arguments to the contrary have been adduced by the GOC or the exporting producers in the
present investigation.
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(51) In view of the above, the evidence available showed that prices or costs of the product under review, including the
costs of raw materials, energy and labour, are not the result of free market forces because they are affected by
substantial government intervention within the meaning of Article 2(6a)(b) of the basic Regulation as shown by the
actual or potential impact of one or more of the relevant elements listed therein. On that basis, the Commission
concluded that it is not appropriate to use domestic prices and costs to establish normal value in this case.
Consequently, the Commission proceeded to construct the normal value exclusively on the basis of costs of
production and sale reflecting undistorted prices or benchmarks, that is, in this case, on the basis of corresponding
costs of production and sale in an appropriate representative country, in accordance with Article 2(6a)(a) of the
basic Regulation.
3.2.3. Representative country
(52) The choice of the representative country was based on the following criteria pursuant to Article 2(6a) of the basic
Regulation:
— A level of economic development similar to the PRC. For this purpose, the Commission used countries with a
gross national income per capita similar to the PRC on the basis of the database of the World Bank(17),
— Production of the product under review in that country(18),
— Availability of relevant data in the representative country.
— Where there is more than one possible representative country, preference should be given, where appropriate,
to the country with an adequate level of social and environmental protection.
(53) As explained in recital (34), the Commission issued a Note that described the facts and evidence underlying the
relevant criteria, and informed interested parties of its intention to use Türkiye as an appropriate representative
country in the present case if the existence of significant distortions pursuant to Article 2(6a) of the basic
Regulation was confirmed.
(54) In the Note, the Commission explained that, due to the absence of cooperation, it would need to rely on facts
available according to Article 18 of the basic Regulation. The choice of representative country was based on the
information contained in the expiry review request, combined with other sources of information deemed
appropriate according to the relevant criteria laid down in Article 2(6a) of the basic Regulation in accordance with
Article 18(5) of the basic Regulation, including the World Bank Income Level, Global Trade Atlas (‘GTA’), the
Turkish Statistical Institute, the President of the Republic of Türkiye Investment Office and Orbis Bureau van Dijk
(‘Orbis’).
(55) Regarding the level of economic development, in the expiry review request, the applicants examined Türkiye as a
potential representative country that had a similar level of economic development to the PRC(19). Türkiye was
classified by the World Bank as ‘upper-middle income’ country on a gross national income basis where production
of the product under review was known to take place.
(17) World Bank Open Data – Upper Middle Income, https://data.worldbank.org/income-level/upper-middle-income.
(18) If there is no production of the product under review in any country with a similar level of development, production of a product in
the same general category and/or sector of the product under review may be considered.
(19) Request for expiry review Section 5.1.7 p. 30.
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(56) Regarding production of the product under review, according to the expiry review request(20), the product under
review is produced in Türkiye in significant quantities and allegedly through a similar production process. The
product under review is sold on both the domestic and international markets. The Commission also identified
Japan, India and Taiwan as producers of the product under review. However, these countries did not fulfil the
criteria of having a level of economic development similar to that of the PRC.
(57) Concerning the availability of relevant data in the representative country, as per the request, data on key production
factors, import statistics, and energy prices were readily accessible for Türkiye.
(58) As explained in the Note and in recital (37), the Commission found one company in Türkiye, Alkim Alkali Kimya,
producing the product under review and that was profitable during the most recent financial year 2023 and that
had available financial data(21).
(59) Having established Türkiye as an appropriate representative country based on all of the above elements, there was no
need to carry out an assessment of the level of social and environmental protection in accordance with the last
sentence of Article 2(6a)(a) first indent of the basic Regulation
(60) In the Note, interested parties were invited to comment on the appropriateness of Türkiye as a representative
country, of Alkim Alkali Kimya as a producer in Türkiye and on the sources for data. Interested parties were also
invited to suggest other countries, provided they submitted sufficient information on the relevant criteria. No
comments were received.
(61) In view of the above analysis, Türkiye met the criteria laid down in Article 2(6a)(a), first indent of the basic
Regulation in order to be considered as an appropriate representative country
3.3. Sources used to establish undistorted costs
(62) In the Note, the Commission listed the factors of production such as materials, energy and labour used in the
production of the product under review by the Union industry and invited the interested parties to comment and
propose readily available information on undistorted values for each of the factors of production mentioned in that
note.
(63) The Commission also stated in the Note that, in order to construct the normal value in accordance with
Article 2(6a)(a) of the basic Regulation, it would use GTA to establish the undistorted cost of the factors of
production, notably the raw materials.
(64) In addition, the Commission stated it would use the data from the Turkish Statistical Institute, Trading Economics
and the President of Republic of Türkiye Investment Office for establishing undistorted costs of electricity and
labour respectively.
(65) Finally, the Commission stated that to establish SG&A cost and profit, it would use the financial data from the
Turkish producer mentioned in recital (37) above.
(66) The Commission did not receive any comments from interested parties concerning the list of factors of production
in the Note.
(20) Request for expiry review Section 5.1.7 p. 30.
(21) https://www.alkim.com.tr/files/file/dosya-w2GBtAY9UVevn0g-annual-report-2023.pdf.
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3.4. Undistorted costs and benchmarks
3.4.1. Factors of production
(67) Considering all the information in the expiry review request and subsequent information submitted by the applicants
and collected during the verification visits and in the absence of cooperation by Chinese exporting producers or
comments on the Note, the following factors of production and their sources have been identified in order to
determine the normal value in accordance with Article 2(6a)(a) of the basic Regulation:
Table 1
Factors of production of persulphates
Commodity code Unit of
Factor of production Source of data Unit undistorted value (CNY)
in Türkiye measurement
Raw materials
Ammonia (anhydrous) 2814 10 GTA(22) kg 3,49
Sulphuric Acid / Oleum 2807 00 GTA kg 0,88
Sodium hydroxide (in 2815 12 GTA kg 3,83
aqueous solution)
Potassium hydroxide 2815 20 GTA kg 6,99
Energy
Electricity N/A Turkish Statistical kWh 0,61
Institute(23)
Labour
Labour cost N/A Turkish Statistical hour 88,64
Institute
3.4.2. Raw materials
(68) In order to establish the undistorted price of raw materials as delivered at the gate of a producer in the representative
country, the Commission used as a basis the import price to the representative country as reported in the GTA to
which import duties and transport costs were added. An import price in the representative country was determined
as a weighted average of unit prices of imports from all third countries excluding the PRC and the countries listed in
Annex 1 of Regulation (EU) 2015/755 of the European Parliament and the Council(24). The Commission decided to
exclude imports from the PRC into the representative country as it was not appropriate to use domestic prices and
costs in the PRC due to the existence of significant distortions in accordance with Article 2(6a)(b) of the basic
Regulation. Given that there is no evidence showing that the same distortions did not equally affect raw materials
used to manufacture products intended for export, the Commission considered that the same distortions affected
export prices. After excluding imports from the PRC into the representative country, the volume of imports from
other third countries remained representative.
(22) http://www.gtis.com/gta/secure/default.cfm.
(23) https://www.tuik.gov.tr/Home/Index.
(24) Regulation (EU) 2015/755 of the European Parliament and of the Council of 29 April 2015 on common rules for imports from
certain third countries (OJ L 123, 19.5.2015, p. 33, ELI: http://data.europa.eu/eli/reg/2015/755/oj).
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(69) With regard to import duties, the Commission added import duties to the weighted average import price of each raw
material based on its commodity code and the respective country of origin. To determine the applicable import duty
rate, the Commission relied on the information collected by Market Access Map(25).
(70) Considering the lack of cooperation by the Chinese exporting producers, the Commission used readily available
information to estimate the cost normally incurred by a company in Türkiye for transport of inputs between a
supplier and its premises. The Commission based this estimation on the domestic transport cost relating to imports
in Türkiye as published in the most recent Doing Business report(26)(27). This domestic transport cost is included in
the undistorted cost presented in Table 1 above.
3.4.3. Labour
(71) After further considerations, the Commission decided to base its determination of labour hours needed to produce
1 tonne of the product under review on the verified data of the applicants. The Commission determined the
production of 1 tonne of persulphates requires [8,5–9,0] hours of work. Furthermore, the Commission used the
labour cost data for 2022(28) adjusted for inflation based on labour cost indices(29) as published by the Turkish
Statistical Institute to determine the undistorted labour cost in the representative country in the review investigation
period. The average hourly labour cost per FTE(30)in the review investigation period amounted to 88,64 CNY/hour.
3.4.4. Electricity
(72) The price of electricity for industrial users in Türkiye is published by the Turkish Statistical Institute in its regular
press releases. The Commission used the data on the industrial electricity prices in the corresponding consumption
band in Kuruş/kWh(31). Information available indicates an average industrial tariff for 2024 (the review
investigation period) of 0,61 CNY/kWh(32).
3.4.5. Manufacturing overhead costs, SG&A cost and profits
(73) According to Article 2(6a)(a) of the basic Regulation, ‘the constructed normal value shall include an undistorted and
reasonable amount for administrative, selling and general costs and for profits’. In addition, a value for manufacturing
overhead costs needs to be established to cover costs not included in the factors of production referred to above.
(74) In order to establish an undistorted value of the manufacturing overheads and given the absence of cooperation
from the exporting producers, the Commission used facts available in accordance with Article 18 of the basic
Regulation. Therefore, based on the verified data of the applicants, the Commission established the ratio of
manufacturing overheads to the total direct cost, i.e. cost including the consumption of raw materials and energy,
and direct and indirect labour cost. This percentage was then applied to the undistorted value of the cost of
manufacturing to obtain the undistorted value of manufacturing overheads, depending on the model produced.
(25) Market Access Map. Available at https://www.macmap.org/(last viewed 22 July 2025).
(26) Doing Business 2020. Economy profile – Türkiye, p. 51. Available at https://archive.doingbusiness.org/content/dam/doingBusiness/
country/t/turkey/TUR.pdf(last viewed 22 July 2025).
(27) Türkiye was not affected by the alleged data manipulation in Doing Business reports of 2018 and 2020. See Investigation of Data
Irregularities in Doing Business 2018 and Doing Business 2020. Available at https://thedocs.worldbank.org/en/doc/
84a922cc9273b7b120d49ad3b9e9d3f9-0090012021/original/DB-Investigation-Findings-and-Report-to-the-Board-of-Executive-
Directors-September-15-2021.pdf(last viewed 1 September 2025).
(28) Actual weekly working hours and monthly average labour cost by economic activity. Available at https://data.tuik.gov.tr/Bulten/Index?
p=Labour-Cost-Statistics-2022-49571(last viewed 22 July 2025).
(29) Labour Cost Indices (2021 = 100) (published 22 May 2025). Available at https://data.tuik.gov.tr/Kategori/GetKategori?p=istihdam-
issizlik-ve-ucret-108&dil=2(last viewed 22 July 2025).
(30) Full Time Equivalent.
(31) https://www.tuik.gov.tr/Home/Index.
(32) To calculate the average price in the review investigation period, the Commission took the unit price per ₺/MWh for 2024 (₺ 2,699) as
the starting base.
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(75) In order to establish an undistorted value for SG&A cost and for profit, the Commission used the financial data from
the Turkish company, Alkim Alkali Kimya. After the publication of the Note, financial results of the company for
financial year 2024 became readily available. The company was profitable also in 2024, the year covering the
review investigation period. As a result, the following items were added to the undistorted cost of production:
(a) SG&A cost of 5,17 % expressed on the Cost of Goods Sold (‘COGS’) applied to the sum of costs of production;
(b) a profit of 9,00 % expressed on the COGS applied to the costs of production.
3.5. Calculation of the normal value
(76) On the basis of the above, the Commission constructed the normal value per product type on an ex-works basis in
accordance with Article 2(6a)(a) of the basic Regulation.
(77) First, the Commission established the undistorted manufacturing costs. In the absence of cooperation by the
exporting producers, the Commission relied on the information provided by the applicants in the review request on
the usage of each factor (raw materials, electricity and labour) for the production of persulphates. The unit
consumption of each factor of production was multiplied by the undistorted cost based on data from the
representative country. The sum of undistorted cost of raw materials, electricity and labour represents the
undistorted cost of manufacturing.
(78) Once the undistorted manufacturing cost was established, the Commission added the manufacturing overheads,
SG&A cost and profit.
(79) Manufacturing overheads of the applicants were expressed as a ratio of their cost of manufacturing. This percentage
was then applied to the undistorted value of the cost of manufacturing to obtain the undistorted value of
manufacturing overheads. Manufacturing overheads accounted for [20-24] % of the cost of manufacturing. By
adding the undistorted manufacturing overheads to the undistorted cost of manufacturing, the Commission
established the undistorted cost of production.
(80) SG&A cost and profit were determined based on the financial information of the Turkish company, Alkim Alkali
Kimya, for 2024 as explained in recital (75). SG&A cost and profit accounted for 5,17 % and 9 % of the costs of
goods sold respectively. The respective percentages of undistorted SG&A cost and profit were applied on top of the
undistorted cost of production.
(81) On that basis, the Commission constructed the normal value per product type on an ex-works basis in accordance
with Article 2(6a)(a) of the basic Regulation. Considering the lack of cooperation by exporting producers, which
made it impossible to obtain export price to the Union or to third countries per product type, the Commission
determined a single normal value as an average of the normal values established per product type at the level of
9 673,71 CNY/tonne.
3.6. Production capacity and spare capacity in the PRC
(82) In the absence of cooperation, the Commission established production capacity and spare capacity in the PRC on the
basis of information provided in the request for review.
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(83) There were 13 producers of the product under review in the PRC identified during the review investigation
period(33). The applicants estimated their production capacity at approximately 400 000 tonnes based on the
publicly available information on the Chinese producers’ websites. In the request for review, the applicants
estimated that China has a domestic market size of approximately 146 000 tonnes(34)based on market intelligence
data(35). Taking into account the size of the Chinese persulphates market, which is served by domestic production
and imports, and the exports of the Chinese persulphates producers(36), the spare capacity has been estimated at
more than 200 000 tonnes. Production capacity of such magnitude means that China alone could cover the total
Union consumption that was around 35 000 tonnes during the review investigation period(37).
(84) Based on the above, the Commission concluded that China was among the largest producers of persulphates in the
world and had significant spare capacity, which could be easily exported to the Union if measures were repealed.
3.7. Relationship between export prices to third countries and normal value
3.7.1. Normal value
(85) The Commission determined the normal value as explained in Sections 3.2 to 3.5.
3.7.2. Export price
(86) In the absence of cooperation by exporting producers from the PRC, the export price to third countries was
determined based on trade statistics from GTA.
(87) Accordingly, the Commission identified Taiwan, South Korea, Brazil and Thailand (in the order of export volumes) as
the main export markets for Chinese persulphates in the review investigation period. Imports to these four countries
represented 54 % of world’s imports of persulphates originating in the PRC.
(88) The weighted average import price per country (Taiwan, South Korea, Thailand) at CIF level was corrected to
ex-works level. Thus, the CIF price was reduced by the sea freight and insurance cost and domestic transport cost.
(89) The Commission based the reduction of the CIF price to ex-works for sea freight and insurance on the CIF-to-FOB
coefficient published by OECD in the ITIC database(38). The applicable average coefficient was determined for each
of the three countries individually and based on the product description corresponding to the product under review.
(90) For Brazil, the import price of persulphates originating in the PRC was available at both, FOB and CIF, level in GTA.
Thus, the ex-works price was determined by deducting domestic transport cost from the import price to Brazil at
FOB level.
(91) The Commission estimated the domestic transport cost based on data relating to exports from the PRC as published
in the most recent Doing Business report(39).
(92) The export prices at ex-works level determined as detailed in recitals (86) to (91) ranged from 5 883,33 CNY/tonne
for Brazil to 6 481,25 CNY/tonne for Thailand.
(33) Request for expiry review, Section 1.11, p. 9 and Annex 1.11.
(34) Request for expiry review, open Annex 4.1.2.
(35) Advancy Market report for 2022 based on trade data, expert interviews and Advancy analysis. Advancy is a consultancy specialising,
inter alia, in the chemical industry; see https://www.advancy.com/chemicals-advanced-materials/.
(36) Import and export data were sourced from GTA. Available at http://www.gtis.com/gta/secure/default.cfm(last viewed 23 July 2025).
(37) Request for expiry review, Section 2.3, p. 11.
(38) OECD Data Explorer. International Transport and Insurance Costs of Merchandise Trade. Available at https://data-explorer.oecd.org/
vis?tm=ITIC&pg=0&snb=1&df[ds]=dsDisseminateFinalDMZ&df[id]=DSD_ITIC%40DF_ITIC&df[ag]=OECD.SDD.TPS&dq=.....A.&pd=
%2C&to[TIME_PERIOD]=false(last viewed 30 July 2025).
(39) Doing Business 2020. Economy profile – China, p. 84. Available at https://archive.doingbusiness.org/content/dam/doingBusiness/
country/c/china/CHN.pdf(last viewed 26 February 2025).
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3.7.3. Comparison and price difference
(93) The Commission compared the constructed normal value established in accordance with Article 2(6a)(a) of the basic
Regulation and the export price to third countries on an ex-works basis.
(94) The Commission further expressed the price difference as a percentage of the CIF price prevailing in each of the
major export markets.
(95) On this basis, the Commission concluded that the PRC exported persulphates to the key export market at a price that
was significantly below the normal value. The price difference expressed as a percentage of the import price to the
four key markets at CIF level ranged from 44,1 % for Thailand to 57,2 % for Taiwan.
(96) The Commission considered that those findings reflect the pricing behaviour of Chinese exporters of persulphates
on export markets in general. The Commission concluded that the Chinese exports to the Union were likely to be
made at dumped prices should the measures cease to exist.
3.8. Attractiveness of the Union market
(97) According to the request for review(40), the Union market is potentially attractive for Chinese exporters because of its
relatively large size and higher prices, which can yield higher profits then other third countries. The Union sales
price in the review investigation period ([1 500- 2 000] EUR/tonne) was [1,8-2,3] times higher than the Chinese
export prices (recalculated to the CIF Union frontier level) to the four key markets. Although Chinese export
volumes to the Union have shrunk over recent years, Chinese producers manufacture significant volumes of the
product under review and, would reinstate exports to the Union if the measures were allowed to lapse.
(98) In addition, there are trade defence measures in place in the US, while India is currently conducting an anti-dumping
investigation concerning imports of persulphates. As a result, exports of Chinese persulphates to those markets are/
will possibly be more difficult, further increasing the attractiveness of the Union market where these exports may be
redirected should the measures be allowed to expire.
(99) Therefore, if the existing measures in the EU were to lapse, Chinese producers would be strongly motivated to boost
their exports of persulphates to the Union and would likely do so at dumped prices.
3.9. Conclusion on the likelihood of recurrence of dumping.
(100) In view of the above, the Commission concluded that there is a likelihood that dumping would recur if the current
measures were allowed to lapse. In particular the level of the normal values established for China, the level of export
prices to third country markets, the attractiveness of the Union market and the availability of significant production
capacity in the PRC point to a strong likelihood of recurrence of dumping in case the current measures are repealed.
4. INJURY
4.1. Definition of the Union industry and Union production
(101) The like product was manufactured by two producers in the Union during the period considered. They constitute the
‘Union industry’ within the meaning of Article 4(1) of the basic Regulation.
(102) To protect confidentiality under Article 19 of the basic Regulation the data relating to the two Union producers is
presented in indexed form or in ranges.
(103) Information on imports have been analysed at CN code level for the three main types of the like product,
ammonium persulphate, sodium persulphate, potassium persulphate, and on TARIC code level for the fourth type,
potassium peroxymonosulphate.
(40) Request for expiry review, Section 1.2, p. 5.
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4.2. Union consumption
(104) The Commission established the Union consumption based on the sales volume of the Union industry on the Union
market, and import data from Eurostat, at CN code and TARIC code level. These sales volumes were cross-checked
and updated when necessary, as regards verified information from the Union producers.
(105) Union consumption developed as follows:
Table 2
Union consumption
Review Investigation
2021 2022 2023
period
Union consumption 45 241 39 604 31 918 33 497
(tonnes)
Index 100 88 71 74
Source: Questionnaire replies and Eurostat.
(106) Over the period considered, the Union consumption decreased by 26 %. This decrease was the strongest in the first
two years of the period considered and can be attributed to the general economic recovery from the COVID-19
pandemic. Due to this recovery, 2021 was a booming year for most industries, including the downstream industry
for persulphates, followed by a slowdown correction in the construction and disinfection sectors which are among
users of the product under review after the pandemic. In addition, in 2022 and 2023 there was a reduction in
inventory across all sectors, as the supply chain situation has generally eased and large inventories have been built
up in times of the pandemic with the disrupted supply chains. Year 2024 (the review investigation period), however,
was characterised by a slight recovery of the market.
4.3. Imports from the country concerned
4.3.1. Volume and market share of the imports from the country concerned
(107) The Commission established the volume of imports based on Eurostat, which showed a minimal quantity of imports
from the country concerned into the Union market during the review investigation period.
(108) Imports from the country concerned decreased dramatically during the period considered. This decrease was likely
linked to the imposition of measures in 2020 on the company that was originally exempt from anti-dumping
measures.
(109) Imports into the Union from the country concerned developed as follows:
Table 3
Import volume and market share
Review Investigation
2021 2022 2023
period
Volume of imports from 78 43 43 3
the PRC (tonnes)
Index 100 55 55 3
Market share (%) 0,17 0,11 0,13 0,01
Index 100 63 78 5
Source: Eurostat.
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4.3.2. Prices of the imports from the country concerned and price undercutting
(110) Given that the volume of imports from the country concerned was insignificant, the Commission found that prices
were unrepresentative. As a consequence, the Commission considered that it would not be meaningful to analyse
the price evolution of the dumped imports. For the same reason, it was not meaningful to calculate price
undercutting of those imports.
4.3.3. Imports from third countries other than the PRC.
(111) The volume of imports into the Union as well as the market share and price trends for imports of peroxosulphates
from other third countries developed as follows:
Table 4
Imports from third countries
Review Investigation
Country 2021 2022 2023
period
Türkiye Volume (tonne) 5 254 4 153 2 204 4 342
Index 100 79 42 83
Market share (%) 11,6 10,5 6,9 13,0
Average price 1 440 1 929 1 693 1 475
(EUR/tonne)
Index 100 134 118 102
India Volume (tonne) 3 819 2 588 2 661 2 072
Index 100 68 70 54
Market share (%) 8,4 6,5 8,3 6,2
Average price 1 603 1 932 1 995 1 753
(EUR/tonne)
Index 100 121 124 109
United States of Volume (tonne) 3 313 4 358 3 448 2 163
America
Index 100 132 104 65
Market share (%) 7,3 11,0 10,8 6,5
Average price 1 995 2 677 2 287 2 326
(EUR/tonne)
Index 100 134 115 117
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Review Investigation
Country 2021 2022 2023
period
All other Volume (tonne) 3 680 2 665 2 614 2 651
countries
excluding PRC
Index 100 72 71 72
Market share (%) 8,1 6,7 8,2 7,9
Average price 1 321 1 754 1 559 1 508
(EUR/tonne)
Index 100 133 118 114
Total of all third Volume (tonnes) 16 066 13 763 10 928 11 227
countries except
the PRC
Index 100 86 68 70
Market share (%) 35,6 34,8 34,2 33,5
Average price 1 566 2 131 1 921 1 698
(EUR/tonne)
Index 100 136 123 108
Source: Eurostat database.
(112) The imports of the product under review from other third countries decreased by 30 % during the period
considered. The largest volume of imports originated in Türkiye, India and the United States of America.
(113) Imports from Türkiye were high throughout the period considered, although volumes varied. There was a large
decrease in imports from Türkiye in 2023, but imports rose again in the review investigation period. Imports from
India and the United States of America decreased over the period considered and were down by 46 % and 35 %
respectively, during the review investigation period.
(114) The market share of third countries also decreased from 35,6 % in 2021 to 33,5 % in the review investigation period.
(115) The price of imports from all the third countries except the PRC, compared to those of the Union industry, was
[50-200] EUR/kg lower during the review investigation period.
4.4. Economic situation of the Union industry
(116) Pursuant to Article 3(5) of the basic Regulation, the examination of the impact of the dumped imports on the Union
industry included an evaluation of all economic factors and indices having a bearing on the state of the Union
industry during the period considered.
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4.4.1. Production, production capacity and capacity utilisation
(117) The total Union production, production capacity and capacity utilisation developed over the period considered as
follows:
Table 5
Production, production capacity and capacity utilisation
Review Investigation
2021 2022 2023
period
Production volume [30 000-40 000] [30 000-40 000] [20 000-30 000] [20 000-30 000]
(tonne)
Index 100 84 54 68
Production capacity [40 000-45 000] [40 000-45 000] [35 000-40 000] [35 000-40 000]
(tonnes)
Index 100 97 91 91
Capacity utilisation 85,7 74,7 51,2 64,5
(%)
Index 100 87 59 75
Source: Questionnaire replies.
(118) The total Union production of the product under review decreased steadily in 2022 and 2023 and slightly recovered
in the review investigation period. Overall, the production decreased by 32 % during the period considered. This
decrease in production can be attributed to a post-COVID correction in demand after the year 2021.
(119) The total Union production capacity dropped by 9 % over the period considered. The apparent change in capacity
was mainly the result of supply chain issues and periodic closures and restarts of production lines.
(120) The average capacity utilisation followed a similar trend as the production and demand. Overall, the capacity
utilisation decreased by 25 % during the period considered, with a decrease in the first two years of the period
considered and a recovery during the review investigation period.
4.4.2. Sales volume and market share
(121) The Union industry’s sales volume and market share developed over the period considered as follows:
Table 6
Sales volume and market share
Review Investigation
2021 2022 2023
period
Sales volume on the [20 000-30 000] [20 000-30 000] [20 000-30 000] [20 000-30 000]
Union market
(tonnes)
Index 100 89 72 77
Market share Index 100 101 102 103
Source: Questionnaire replies.
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(122) The Union industry’s sales volume followed a similar trend as the Union consumption. Overall, the Union industry’s
sales volume decreased by 23 % during the period considered, with a decrease in the first two years and a beginning
of a recovery during the review investigation period.
(123) The total Union industry’s market share remained rather stable over the period considered with a steady but very
small year-on-year increase.
4.4.3. Growth
(124) The decrease in consumption was 26 % during the period considered. Against this background the Union industry
managed to maintain its market share and to record a modest increase of 3 % over the period considered.
4.4.4. Employment and productivity
(125) Employment and productivity developed over the period considered as follows:
Table 7
Employment and productivity
Review investigation
2021 2022 2023
period
Number of employees [110–160] [110–160] [110–160] [110–160]
Index 100 97 91 82
Productivity (tonnes/ 241 209 144 202
employee)
Index 100 87 60 84
Source: Questionnaire replies.
(126) Employment decreased by 18 % throughout the period considered. Productivity of the Union producers’ workforce,
measured as output (tonnes) per person employed per year, also decreased by 16 % explained by the higher decrease
of production (–31 %) in relation to the decrease in employment (–18 %).
4.4.5. Magnitude of the dumping margin and recovery from past dumping
(127) As explained above, there were hardly any imports from the PRC during the period considered, and therefore the
magnitude of dumping margin could not be assessed.
(128) The fact the Union industry was able to keep and slightly increase its market share over the period considered,
against the background of increased costs due to the dramatic increase of energy in the Union, could be attributed
to the existing measures.
4.4.6. Prices and factors affecting prices
(129) The weighted average unit sales prices of the Union producers to unrelated customers in the Union developed over
the period considered as follows:
Table 8
Sales prices and cost of production in the Union (EUR/tonne)
Review investigation
2021 2022 2023
period
Average unit sales price in [1 500–2 000] [2 000–2 500] [2 000–2 500] [1 500–2 000]
the Union on the total
market (EUR/tonne)
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Review investigation
2021 2022 2023
period
Index 100 134 133 112
Unit cost of production [1 300–1 800] [2 000–2 500] [2 500–3 000] [2 000–2 500]
Index 100 148 175 144
Source: Questionnaire replies.
(130) Over the period considered, the cost of production of the Union industry increased by 44 %. The massive increase of
the cost of production in 2022 and 2023 was mainly caused by the unusual increase of energy prices, which was the
main cost driver of the production of the like product in the Union. Moreover, the contraction in demand, as
explained in recital (106), resulted in an increase of the indirect costs (manufacturing overhead costs) on a per unit
basis. At the same time, prices increased by only 12 % so the Union industry was not able to cover the cost increase.
4.4.7. Inventories
(131) Stock levels of the Union producers developed over the period considered as follows:
Table 9
Inventories
Review Investigation
2021 2022 2023
period
Closing stocks (tonnes) [3 000–3 500] [4 000–4 500] [1 000–1 500] [2 000–2 500]
Index 100 126 46 63
Source: Questionnaire replies.
(132) The volumes of closing stock, with the exception of 2022, followed the trend of production. Overall, Union
producers kept a low level of stocks (below 10 % of production).
4.4.8. Profitability, cash flow, investments, return on investments and ability to raise capital
(133) Profitability, cash flow, investments and return on investments of the Union producers developed over the period
considered as follows:
Table 10
Profitability, cash flow, investments and return on investments
Review Investigation
2021 2022 2023
period
Profitability Index 100 45 – 44 – 8
Cash flow Index 100 44 22 19
Investments Index 100 113 113 57
Return on investments 100 33 – 17 – 4
Index
Source: Questionnaire replies.
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(134) The Commission established the profitability of the Union producers by expressing the pre-tax net profit of the sales
of the like product to unrelated customers in the Union as a percentage of the turnover of those sales. Profitability of
the Union producers declined strongly going down from a very healthy profitability in 2021 to heavily lossmaking
in 2023. During the review investigation period, profitability started to improve but did not reach break-even point.
This trend was in line with the ones previously described for production and sales in recitals (118) and (122).
(135) The net cash flow is the ability of the Union producers to self-finance their activities. The trend in net cash flow
declined sharply during 2022 and 2023, when the net cash flow halved in each of those years. In the review
investigation period, the net cash flow started to stabilise although at a very low level, about 81 percentage points
below the start of the period considered.
(136) Investments remained at a comparable level during the first three years of the period considered and declined
strongly during the review investigation period. This was a direct result of the declining profitability and cash flow.
Indeed, in the first years of the period considered, the situation of the Union industry, although significantly
deteriorating, still allowed for investments. After the loss-making year 2023, investments in the next year became
compromised.
(137) The return on investments is the profit in percentage of the net book value of investments. It developed in the same
way as the profitability, as described in recital (134) above.
4.5. Conclusion on injury
(138) The volume of imports from the country concerned were negligible over the period considered.
(139) The evolution of the micro and macro indicators during the period considered showed that the overall situation for
the Union industry was injurious. During the period considered, most of the indicators showed a negative trend,
with the financial ones such as profitability, cash flow, investments, return on investments showing the most
pronounced negative evolution.
(140) The Union industry was affected by the drop in consumption over the period considered and also by the raising
energy costs during the period considered. As consumption picked up, and the cost of production decreased, the
economic situation of the Union industry showed some signs of recovery in the review investigation period.
(141) The fact that the Union industry benefited from the measures is illustrated, only by the maintenance and the small
increase of its market share during the period considered, over a parallel contraction in demand.
(142) On the basis of the above, the Commission concluded that the Union industry was in a vulnerable situation, but did
not suffer material injury, by the impact of dumped imports, within the meaning of Article 3(5) of the basic
Regulation during the review investigation period.
5. LIKELIHOOD OF RECURRENCE OF INJURY
(143) The Commission concluded in the above section that the Union industry did not suffer material injury during the
review investigation period. While the imports from the country concerned during the period considered, in view
of their low volumes were not the direct cause of the injurious situation of the Union industry, the Commission
assessed, in accordance with Article 11(2) of the basic Regulation, whether there would be a likelihood of
recurrence of injury originally caused by the dumped imports from the PRC if the measures against were allowed to
lapse.
(144) In this regard, the Commission relied on the information made available by the applicants and any other information
available on file. The Commission examined the production capacity and spare capacity in the PRC; the relation
between Chinese export prices to third countries and the price level in the Union, the likely price levels of imports
from PRC in the absence of anti-dumping measures, and their impact on the Union industry should measures be
allowed to lapse.
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5.1. Production capacity and spare capacities in the PRC
(145) As concluded in recital (83), producers in the PRC have significant production capacities and significant estimated
spare capacity which largely exceeds the total Union consumption during the review investigation period.
5.2. The attractiveness of the Union market and price levels of Chinese exporting producers
(146) The Union is worldwide the largest importer of the product under review(41).
(147) In addition, trade defence measures against the Chinese exports of the product under review are in place or in the
course to be placed in other third countries, such as the USA and India, making it more difficult for Chinese
exporting producers to export to these markets, which further increases the attractiveness of the Union market
where these exports may be redirected.
(148) Another element demonstrating the attractiveness of the Union market is the pricing strategy of Chinese exporting
producers. In this context an analysis was performed on the basis of a comparison between the sales prices of the
Union producers to unrelated customers and the CIF prices charged by the Chinese producers to third countries,
adjusted for post-importation costs (1 %) and conventional duties (5,5 %). This analysis was based on all Chinese
export prices as reported to third countries (Union excluded) in the Global Trade Atlas. This analysis showed that
the Chinese export prices were 47 % to 52 % below the sales prices of the Union producers. Therefore, it can be
reasonably expected that the Chinese exports will enter the Union market at prices considerably lower than the
ones charged by the Union industry and will cause injury to the Union industry should the measures be allowed to
lapse.
(149) Moreover, the circumvention practices established by Regulation (EU) 2020/477, for the manufacturers of the
product concerned in the PRC, is another element demonstrating the attractiveness of the Union market.
5.3. Conclusion
(150) Given the high spare capacities in the PRC, the attractiveness of the Union market and the pricing behaviour of
Chinese exporting producers as summarised above in recitals (145) to (149), it is likely that significant volumes of
low-priced peroxosulphates would be available for sale/redirection to the Union already in the short term in case
the measures were allowed to lapse.
(151) As a consequence, the Union industry, which is currently capable of satisfying the Union demand, is likely to lose
sales volume as well as market shares on the Union market.
(152) On this basis, it is concluded that the absence of measures would in all likelihood result in a significant increase of
dumped imports from the PRC at injurious prices and material injury would be likely to recur.
6. UNION INTEREST
In accordance with Article 21 of the basic Regulation, the Commission examined whether maintaining the existing
anti-dumping measures would be against the interest of the Union as whole. The determination of the Union
interest was based on an appreciation of all the various interests involved, including those of the Union industry,
importers, and users.
(41) Based on statistics extracted from GTA.
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6.1. Interest of the Union industry
(153) As concluded in Section 4 above, the Union industry is no longer suffering from material injury. However, as
concluded in Section 5, a repeal of the measures would result of a renewed influx of dumped imports from China
which would quickly result in a recurrence of injury. Therefore, the continuation of measures would benefit the
Union industry because the Union producers should be able to maintain its sales volumes, market share, improve its
profitability and its overall economic situation. By contrast, the discontinuation of the measures could threaten the
viability of the Union industry because there are reasons to expect a shift of the Chinese exports to the Union
market at dumped prices and in considerable volumes that would cause recurrence of injury.
6.2. Interest of unrelated importers
(154) No importers cooperated with the investigation.
(155) The lack of cooperation of importers did not allow the Commission to analyse whether importers were performing
badly or unable to pass on price increases, if any.
(156) The investigation confirmed that importers can easily buy from different sources that are currently available on the
market, in particular from Türkiye, India and the United States of America. The extension of the measures is not
intended to exclude Chinese exports from the market, but only to ensure that those exports are not sold at dumped
prices, thereby causing injury.
(157) Therefore, in the absence of any evidence that would invalidate this finding and considering that imports of the
product concerned were insignificant during the review investigation period, the Commission concluded that
importers would not be disproportionally affected by continuing the measures.
6.3. Interest of users
(158) Users did not cooperate with the investigation. Therefore, the Commission was not in a position to analyse the
impact of existing measures on their situation.
(159) The original investigation revealed that the impact of the product under review on the costs of downstream products
is rather marginal and the effect of the anti-dumping duty was negligible(42). The users provided no information
which would invalidate the conclusions reached in previous investigations that the impact of the duty on their
business would be marginal.
6.4. Conclusion on Union interest
(160) On the basis of the above, the Commission concluded that there were no compelling reasons of the Union interest
against the maintenance of the existing measures on imports of peroxosulphates originating in the PRC.
7. ANTI-DUMPING MEASURES
(161) On the basis of the conclusions reached by the Commission on likelihood of recurrence of dumping, likelihood of
recurrence of injury and Union interest, the anti-dumping measures on persulphates from the PRC should be
maintained.
(162) To minimise the risks of circumvention due to the high difference in duty rates, special measures are needed to
ensure the proper application of the individual anti-dumping duties. The company with the low individual anti-
dumping duty must present a valid commercial invoice to the customs authorities of the Member States. The
invoice must conform to the requirements set out in Article 1(3) of this Regulation. Imports not accompanied by
that invoice should be subject to the anti-dumping duty applicable to ‘all other imports originating in the People’s
Republic of China’.
(42) Commission Regulation (EC) No 390/2007 of 11 April 2007 imposing a provisional anti-dumping duty on imports of
peroxosulphates (persulphates) originating in the United States of America, the People’s Republic of China and Taiwan (OJ L 97,
12.4.2007, p. 6, ELI: http://data.europa.eu/eli/reg/2007/390/oj).
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(163) While presentation of this invoice is necessary for the customs authorities of the Member States to apply the
individual rates of anti-dumping duty to imports, it is not the only element to be taken into account by the customs
authorities. Indeed, even if presented with an invoice meeting all the requirements set out in Article 1(3) of this
Regulation, the customs authorities of Member States must carry out their usual checks and may, like in all other
cases, require additional documents (shipping documents etc.) for the purpose of verifying the accuracy of the
particulars contained in the declaration and ensure that the subsequent application of the lower rate of duty is
justified, in compliance with customs law.
(164) Should the exports by the company benefiting from the lower individual duty rate increase significantly in volume
after the continuation of imposition of the measures concerned, such an increase in volume could be considered as
constituting in itself a change in the pattern of trade due to the imposition of measures within the meaning of
Article 13(1) of the basic Regulation. In such circumstances and provided the conditions are met an anti-
circumvention investigation may be initiated. This investigation may, inter alia, examine the need for the removal of
the individual duty rate and the consequent imposition of a country-wide duty.
(165) A company may request the application of these individual anti-dumping duty rates if it changes subsequently the
name of its entity. The request must be addressed to the Commission(43). The request must contain all the relevant
information enabling to demonstrate that the change does not affect the right of the company to benefit from the
duty rate which applies to it. If the change of name of the company does not affect its right to benefit from the duty
rate which applies to it, a regulation about the change of name will be published in the Official Journal of the European
Union.
(166) All interested parties were informed of the essential facts and considerations on the basis of which it was intended to
recommend that the existing measures be maintained. They were also granted a period to make representations
subsequent to this disclosure. No comments were received.
(167) In view of Article 109 of Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council(44)
when an amount is to be reimbursed following a judgment of the Court of Justice of the European Union, the
interest to be paid should be the rate applied by the European Central Bank to its principal refinancing operations,
as published in the C series of the Official Journal of the European Unionon the first calendar day of each month.
(168) The measures provided for in this regulation are in accordance with the opinion of the Committee established by
Article 15(1) Regulation (EU) 2016/1036,
HAS ADOPTED THIS REGULATION:
Article 1
1. A definitive anti-dumping duty is imposed on imports of peroxosulphates (persulphates), including potassium
peroxymonosulphate sulphate, currently falling under CN codes 2833 40 00 and ex 2842 90 80 (TARIC code
2842 90 80 20) and originating in the People’s Republic of China.
(43) European Commission, Directorate-General for Tradeand Economic Security, Directorate G, Rue de la Loi/Wetstraat 170, 1040
Bruxelles/Brussel, BELGIQUE/BELGIË.
(44) Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September 2024 on the financial rules
applicable to the general budget of the Union (OJ L, 2024/2509, 26.9.2024, ELI: http://data.europa.eu/eli/reg/2024/2509/oj).
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OJ L, 16.1.2026
2. The rate of the definitive anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty, of the
product described in paragraph 1 and manufactured by the companies listed below, shall be as follows:
Company Duty (%) TARIC Additional Code
ABC Chemicals (Shanghai) Co., Ltd, Shanghai 71,8 A820
United Initiators Shanghai Co., Ltd. 24,5 A821
All other imports originating in the People’s 71,8 A999
Republic of China
3. The application of the individual duty rate specified for the companies mentioned in paragraph 2 shall be conditional
upon presentation to the customs authorities of the Member States of a valid commercial invoice, on which shall appear a
declaration dated and signed by an official of the entity issuing such invoice, identified by his/her name and function,
drafted as follows: ‘I, the undersigned, certify that the (volume in tonnes) of persulphates sold for export to the European
Union covered by this invoice was manufactured by [company name and address] [TARIC additional code] in the People’s
Republic of China. I declare that the information provided in this invoice is complete and correct.’ If no such invoice is
presented, the duty rate applicable to ‘all other imports originating in the People’s Republic of China’ shall apply.
4. Unless otherwise specified, the provisions in force concerning customs duties shall apply.
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 January 2026.
For the Commission
The President
Ursula VON DER LEYEN
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