{
  "url": "https://openlegislation.uk/eu-regulation-2015-392/introduction",
  "json_url": "https://openlegislation.uk/eu-regulation-2015-392/introduction.json",
  "legislation": "eur/2015/392",
  "legislation_title": "Commission Implementing Regulation (EU) 2015/392 of 9 March 2015 terminating a ‘new exporter’ review of Council Implementing Regulation (EU) No 1389/2011 imposing a definitive anti-dumping duty on imports of trichloroisocyanuric acid originating in the People's Republic of China, re-imposing the duty with regard to imports from the exporter and terminating the registration of these imports",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2015-392",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Commission Implementing Regulation (EU) 2015/392\nof 9 March 2015\nterminating a ‘new exporter’ review of Council Implementing Regulation (EU) No 1389/2011 imposing a definitive anti-dumping duty on imports of trichloroisocyanuric acid originating in the People's Republic of China, re-imposing the duty with regard to imports from the exporter and terminating the registration of these imports\nTHE EUROPEAN COMMISSION,\nHaving regard to the Treaty on the Functioning of the European Union,\nHaving regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (‘the basic Regulation’) and in particular Article 11(4) thereof,\nWhereas:\n1.\nMeasures in force\n(1)\nIn October 2005, the Council imposed definitive anti-dumping measures on imports of trichloroisocyanuric acid and preparations thereof (‘TCCA’), originating in the People's Republic of China (‘PRC’) by Regulation (EC) No 1631/2005 (‘the original Regulation’). The anti-dumping duty rates ranged from 7,3 % to 42,6 %.\n(2)\nBy Implementing Regulation (EU) No 855/2010, the Council amended the original Regulation by lowering the anti-dumping duty rate for one exporting producer to 3,2 %.\n(3)\nFollowing an expiry review, pursuant to Article 11(2) of the basic Regulation, the Council imposed definitive anti-dumping measures consisting of individual duties ranging from 3,2 % to 40,5 % with a residual duty of 42,6 % on imports of TCCA originating in the PRC by Implementing Regulation (EU) No 1389/2011.\n(4)\nBy Implementing Regulation (EU) No 569/2014, the Commission imposed an individual duty rate of 32,8 % on one new exporting producer.\n2.\nCurrent investigation\n(5)\nOn 4 January 2014, the European Commission (‘the Commission’) received a request to initiate a ‘new exporter’ review pursuant to Article 11(4) of the basic Regulation. The request was lodged by Juancheng Kangtai Chemical Co. Ltd (‘the applicant’), an exporting producer of TCCA in the PRC. The applicant claimed that it did not export TCCA to the European Union during the period of investigation of the original investigation and started exporting only after the end of that period. It also claimed that it was not related to any of the exporting producers of TCCA which are subject to the measures in force.\n(6)\nThe Commission considered that the prima facie evidence submitted by the applicant was sufficient to justify the initiation of a review pursuant to Article 11(4) of the basic Regulation. After the Union producers had been given an opportunity to comment, the Commission initiated, by Implementing Regulation (EU) No 727/2014, a review of Implementing Regulation (EU) No 1389/2011 with regard to the applicant.\n(7)\nPursuant to Article 2 of Implementing Regulation (EU) No 727/2014, the anti-dumping duty imposed by Implementing Regulation (EU) No 1389/2011 was repealed with regard to the applicant. Simultaneously, pursuant to Article 14(5) of the basic Regulation, the Commission directed the customs authorities to register the applicant's imports.\n3.\nWithdrawal of the request\n(8)\nOn 28 November 2014, the applicant formally withdrew its request for a ‘new exporter’ review. On this basis, the Commission considered that the review investigation should be terminated.\n4.\nDisclosure\n(9)\nThe Commission informed the interested parties of the intention to terminate the review investigation, to re-impose a definitive anti-dumping duty on imports of TCCA and to levy this duty retroactively on imports subject to registration under Implementing Regulation (EU) No 727/2014. Interested parties were given the opportunity to comment. No comments were received.\n5.\nRetroactive levying of the anti-dumping duty\n(10)\nIn view of the findings outlined above, the Commission concluded that the review concerning imports of TCCA manufactured by Juancheng Kangtai Chemical Co. Ltd and originating in the People's Republic of China should be terminated. Consequently, the registration of the applicant's imports should cease and the country-wide duty applicable to all other companies (42,6 %) imposed by Implementing Regulation (EU) No 1389/2011 should be levied retroactively on these imports from the date of initiation of this review.\n(11)\nThis Regulation is in accordance with the opinion of the Committee established by Article 15(1) of the basic Regulation.\nHAS ADOPTED THIS REGULATION:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 343, 22.12.2009, p. 51."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "OJ L 261, 7.10.2005, p. 1."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "OJ L 254, 29.9.2010, p. 1."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "OJ L 346, 30.12.2011, p. 6."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "OJ L 157, 27.5.2014, p. 80."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "OJ L 192, 1.7.2014, p. 42."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2015/392/introduction",
    "retrieved_at": "2026-11-01T14:46:48.763518+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}