Division (b) Relation to exporting producers in the country concerned

Company B has one related exporting producer in the country concerned. The production capacity of this related exporting producer was approximately 40 million units during the RIP, or slightly less than the capacity of Company B’s production capacity at its plants in the Community. However, during the RIP, Company B did not import any CFL-i from this related exporting producer, but from independent exporting producers.

One independent exporting producer in the country concerned, with a significant production capacity and significant sales to the Community, alleged that Company B has showed willingness to acquire it. The exporting producer alleged that Company B should not be included in the definition of the Community production as it had shown interest in acquisitions of independent exporting producers in the country concerned and, therefore, would be further shielded from injurious dumping once this or any other acquisition would take place. The allegation was not substantiated by any documentary evidence and has therefore to be rejected.