title: Commission Implementing Regulation (EU) 2019/2131 of 28 November 2019 amending Implementing Regulation (EU) 2019/1198 imposing a definitive anti-dumping duty on imports of ceramic tableware and kitchenware 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

text:
                  12.12.2019

                  EN

                  Official Journal of the European Union

                  L 321/139

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/2131
         of 28 November 2019
         amending Implementing Regulation (EU) 2019/1198 imposing a definitive anti-dumping duty on imports of ceramic tableware and kitchenware 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 Articles 13(3) and 14(5) thereof,
         Whereas:
         1.   PROCEDURE

         1.1.   Existing measures

                     (1)

                     By Council Implementing Regulation (EU) No 412/2013 (2) (‘the original Regulation’), as amended by Commission Implementing Regulation (EU) 2017/1932 (3), the Council imposed a definitive anti-dumping duty on imports of ceramic tableware and kitchenware originating in the People’s Republic of China (‘China’ or ‘the PRC’). The individual anti-dumping duties in force ranged from 13,1 % to 23,4 %. All non-sampled cooperating exporting producers listed in an Annex to that Regulation received a duty of 17,9 % and all other exporting producers were subject to the residual duty of 36,1 %. These measures will hereinafter be referred to as ‘the original measures’ and the investigation that led to the measures imposed by the original Regulation will be hereinafter referred to as ‘the original investigation’.

                     (2)

                     By Commission Implementing Regulation (EU) No 803/2014 (4), four Chinese exporting producers received the non-sampled cooperating duty of 17,9 % and were added to the list of exporting producers from China in the Annex to the original Regulation.

                     (3)

                     By Commission Implementing Regulation (EU) 2017/2207 (5), another four Chinese exporting producers received the non-sampled cooperating duty of 17,9 % and were added to the list of exporting producers from China in the Annex to the original Regulation.

                     (4)

                     By Commission Implementing Regulation (EU) 2019/1198, the Commission maintained the original measures pursuant to Article 11(2) of the basic Regulation (6). These measures will hereinafter be referred to as ‘the measures in force’ and the expiry review investigation will be hereinafter referred to as ‘the last investigation’.

               1.2.   Ex-officio initiation

                     (5)

                     In early 2019, the Commission analysed available evidence on the patterns and channels of sales of ceramic tableware and kitchenware since the imposition of the original measures. The comparison of export figures between 2014 and 2018 revealed a sharp rise or fall in the exports of certain exporting producers, which constituted an indicator for channelling practices. Moreover, in some cases, the actual exports from certain exporting producers exceeded the declared production. There was also the issue of the misuse of company-specific TARIC additional codes.

                     (6)

                     From these indicators, it appeared that certain exporting producers currently subject to the residual duty of 36,1 % and exporting producers subject to an individual duty were selling their ceramic tableware and kitchenware via other exporting producers subject to a lower duty.

                     (7)

                     The change in the pattern of trade regarding exports from China of ceramic tableware and kitchenware, following the imposition of the original measures, for which there was insufficient due cause or economic justification other than the imposition of the duty, would appear to have stemmed from the above-mentioned channelling practices. Furthermore, the evidence available to the Commission pointed to the fact that the remedial effects of the existing anti-dumping measures on the product concerned were being undermined both in terms of quantities and prices. Indeed, the volumes of imports of the product under investigation, as defined in recital (15), increased for certain exporting producers significantly between 2014 and 2018. Moreover, in some cases, the actual exports from certain exporting producers exceeded their declared production. In addition, there was sufficient evidence that the imports of the product under investigation were at prices below the non-injurious price established in the investigation that led to the existing measures.

                     (8)

                     Finally, the Commission had sufficient evidence at its disposal that the exports of the product under investigation were dumped in relation to the normal value previously established.

                     (9)

                     Therefore, the Commission determined, after having informed the Member States, that sufficient evidence existed for the initiation of an investigation pursuant to Article 13 of the basic Regulation. As a result, the Commission adopted Regulation (EU) 2019/464 (7) (the ‘initiating Regulation’), launching on its own initiative an investigation on the possible circumvention of the anti-dumping measures on imports of ceramic tableware and kitchenware originating in China imported under the 50 TARIC additional codes listed in the Annex to the initiating Regulation. These TARIC additional codes had been attributed to 50 exporting producers that were either groups of companies or individual companies from the PRC (‘companies’).

                     (10)

                     The Commission also directed customs authorities to register imports of ceramic tableware and kitchenware imported under the 50 TARIC additional codes listed in the annex to the initiating Regulation.

               1.3.   Investigation

                     (11)

                     The Commission notified the authorities of the PRC, the 50 exporting producers listed in the Annex to the initiating Regulation and the Union industry about the initiation of the investigation. It also sent questionnaires to the 50 exporting producers listed in this Annex, asking also information in respect of any related company, located in the People’s Republic of China. Interested parties were given the opportunity to make their views known in writing, as well as to request a hearing.

                     (12)

                     The above-mentioned 50 exporting producers listed in the Annex to the initiating Regulation were subject to the following anti-dumping duties:

                                 —

                                 48 of them belonged to the group of non-sampled cooperating exporting producers with a rate of duty of 17,9 %;

                                 —

                                 The two remaining exporting producers had individual rates of duty of 22,9 % and 23,4 %.

               1.4.   Reporting period and investigation period

                     (13)

                     The investigation period covered the period from 1 January 2015 to 31 December 2018 (the ‘IP’). For the IP data were collected to investigate, inter alia, the alleged change in the pattern of trade and the practice, process or work behind it. For the period from 1 January 2018 to 31 December 2018 (the reporting period or ‘the RP’), more detailed data were collected in order to examine the possible undermining of the remedial effect of the measures in force and the existence of dumping.

               2.   RESULTS OF THE INVESTIGATION

         2.1.   General considerations

                     (14)

                     Pursuant to Article 13(1) of the basic Regulation, the Commission analysed whether there was a change in the pattern of trade with respect to individual exporting producers in the PRC, whether this change stemmed from a practice, process or work for which there was insufficient due cause or economic justification other than avoiding the imposition of the duty, whether there was evidence of injury or that the remedial effects of the duty were being undermined in terms of prices and/or quantities of the product under investigation, and whether there was evidence of continued dumping.

               2.2.   Product concerned and product under investigation

                     (15)

                     The product concerned is ceramic tableware and kitchenware, currently falling under CN codes ex 6911 10 00, ex 6912 00 21, ex 6912 00 23, ex 6912 00 25 and ex 6912 00 29 (TARIC codes 6911100090, 6912002111, 6912002191, 6912002310, 6912002510 and 6912002910) and originating in the People’s Republic of China (‘the product concerned’).
                     The following products are excluded:

                                 —

                                 ceramic condiment or spice mills and their ceramic grinding parts,

                                 —

                                 ceramic coffee mills,

                                 —

                                 ceramic knife sharpeners,

                                 —

                                 ceramic sharpeners,

                                 —

                                 ceramic kitchen tools to be used for cutting, grinding, grating, slicing, scraping and peeling, and

                                 —

                                 cordierite ceramic pizza-stones of a kind used for baking pizza or bread.

                     (16)

                     The product under investigation is the same as ‘the product concerned’ defined in the previous recital, currently falling under the same CN and TARIC codes as the product concerned and imported under the TARIC additional codes listed in the Annex to the initiating Regulation (‘the product under investigation’).

               2.3.   Detailed findings of the investigation for the 50 exporting producers

         2.3.1.   The 13 companies that did not submit questionnaire replies

                     (17)

                     13 out of 50 exporting producers did not submit any questionnaire replies.

                     (18)

                     The Commission qualified these 13 exporting producers as non-cooperating pursuant to Article 18(1) of the basic Regulation and consequently based its findings for them on the facts available as explained in the next recital.

                     (19)

                     All 13 exporting producers, subject to a rate of duty of 17,9 %, had sharply increased their exports between 2014 and 2018, or exported above their capacity, as declared in the framework of the sampling exercise during the last expiry review investigation. In the absence of any economic justification other than circumvention practices, the Commission concluded that these exporting producers are engaged in channelling practices. Therefore, it is appropriate that their company-specific TARIC additional codes should be repealed and that these exporting producers should be subject to the residual rate of duty of 36,1 %.

                     (20)

                     Moreover, three of the 13 exporting producers were related to three other exporting producers having the non-sampled cooperating rate of duty of 17,9 % because of their own individual TARIC additional code.

                     (21)

                     Consequently, to avoid the risk of channelling practices via these related companies, before disclosure, the Commission preliminarily concluded that it was appropriate that their company-specific TARIC additional code should be repealed. The residual rate of duty of 36,1 % should also be applied to the three related exporting producers.

                     (22)

                     Following disclosure, one of the three companies came forward and claimed that it was not related to one of the companies that did not submit a questionnaire reply. At a hearing of 10 October 2019 and in a subsequent letter of 21 October 2019, it explained that its sampling reply from the expiry review had wrongly indicated that both companies were related, although in reality they were just business partners. Upon request of the Commission, the company provided the documents about its company structure and shareholders, which showed that indeed no such relationship exists. Absent the relationship and in view of that company’s demonstration that its increased export activity was in line with an increase of its production capacity in 2016, the Commission concluded that it was not necessary to repeal the company-specific TARIC additional code of this company.

                     (23)

                     Consequently, following disclosure, the Commission finally concluded that the residual rate of duty of 36,1 % should be applied to:

                                 —

                                 The 13 out of 50 exporting producers that did not submit any questionnaire replies (see recital (19) before), and;

                                 —

                                 The two exporting producers that were related to two out of these 13 exporting producers and that had their own company-specific TARIC additional codes.

               2.3.2.   The 18 exporting producers that submitted highly deficient questionnaire replies

                     (24)

                     When analysing the questionnaire replies from the 37 exporting producers who did submit replies, the Commission found 18 of them to have submitted highly deficient replies as explained in the following recitals.

                     (25)

                     A first exporting producer submitted partial information and declared on 28 April 2019 that it had ceased producing the product concerned in August 2018. The Commission informed the company on 3 June 2019 that only exporting producers are entitled to an individual TARIC additional code. Therefore, it intended to remove its TARIC additional code and to treat the company as any other company under the TARIC additional code ‘B999’ in the future. The company did not submit further comments.

                     (26)

                     A second exporting producer, also subject to an anti-dumping duty of 17,9 %, provided via several submissions in April and May 2019 a questionnaire reply. This reply indicated that the exporting producer only had one related company. The Commission crosschecked that reply with other publicly available sources of information. It established that there were other related companies within this group, which had not been disclosed by the company in its questionnaire reply. The exporting producer was informed of that finding in a deficiency letter of 24 June 2019. Subsequently, the exporting producer admitted on 28 June 2019 that it was also related to another company. However, the exporting producer group did not fill out the requested questionnaire reply for the latter company within the set time-limits. Therefore, the Commission informed the exporting producer on 8 July 2019 that it would make its findings based on facts available (8), and that the company had the right to request a hearing with the Hearing Officer in Trade Proceedings. The exporting producer did not submit further comments.

                     (27)

                     A third exporting producer informed the Commission on 5 July 2019 that it was unable to answer to the Commission’s deficiency letter and that it was well aware of the adverse consequence of not replying. Therefore, the Commission informed the exporting producer on 9 July 2019 that it would make its findings based on facts available (9) and that the company had the right to request a hearing with the Hearing Officer in Trade Proceedings. The exporting producer did not submit further comments.

                     (28)

                     The 15 remaining exporting producers which had submitted highly deficient replies received each a letter between 27 May and 18 July 2019 detailing the reasons why the Commission preliminary concluded that their replies were highly deficient. Recurring issues which led to the Commission’s preliminary assessment that these 15 replies were highly deficient include the following:

                                 —

                                 Not providing the requested financial information such as the financial statements, trial balances, a breakdown of sales quantities and values;

                                 —

                                 Providing incomplete, contradictory or only partial financial information, as regards the production process, production quantity and/or production capacity, the procurement of raw materials;

                                 —

                                 Not replying to specific questions of the questionnaire;

                                 —

                                 Not providing the requested official documents, such as the business licence, the proof of registration, the income tax returns;

                                 —

                                 Not disclosing all related companies of the Group, despite the specific request in the questionnaire reply, and consequently, not providing the necessary questionnaire replies for these related companies.

                     (29)

                     Each of these 15 exporting producers was also informed through the same letter that:

                                 —

                                 They had the right to provide further explanations in response to the Commission’s preliminary assessment within a one-week timeline from the sending of the letter, pursuant to Article 18(4) of the basic Regulation;

                                 —

                                 The Commission intended to make its final findings based on facts available as provided under recitals (21) to (23) of the initiating Regulation.

                     (30)

                     Subsequently, of these 15 exporting producers,

                                 —

                                 Three did not contest the Commission’s preliminary assessment;

                                 —

                                 Six provided answers to the Commission’s preliminary assessment. In all cases the answers were unsatisfactory, false and/or misleading;

                                 —

                                 One exporting producer admitted that it had stopped production after May 2018 and that it had become a trader of the product concerned.

                     (31)

                     Two other (out of these 15) exporting producers provided subsequently some additional documents, although their replies could still not be considered to be fully complete. Nevertheless, the Commission decided to carry out verification visits at the premises of these two exporting producers. During these verification visits, the Commission identified issues at both exporting producers, respectively the non-disclosure of related companies and incorrect declarations on the transformation of certain types of the product concerned. Therefore, the Commission informed on 7 August 2019 both exporting producers that it would maintain its intention to apply Article 18 of the basic Regulation. The Commission pointed to the fact that the exporting producers could not provide any evidence for an economic justification for their exports in 2018 other than channelling the production from other Chinese exporting producers. In the same letter, the Commission also informed both exporting producers that they were entitled to request a hearing with the Hearing Officer in Trade Proceedings by 16 August 2019 at the latest. Both companies did not request a hearing by the set deadline.

                     (32)

                     On 1 August 2019, another exporting producer submitted additional information as a reaction to the preliminary assessment of the Commission that its questionnaire reply was insufficient. The Commission analysed this additional information. However, some issues such as its failure to provide complete information on all its related companies remained unanswered. Therefore, on 13 August 2019, the Commission informed the exporting producer that it would maintain its intention to apply Article 18 of the basic Regulation. The Commission pointed in this respect to the fact that the exporting producer did not provide any evidence for its exports during 2018, which were more than four times higher than the tonnage the exporting producer actually produced during the same period. In the same letter, the Commission also informed the exporting producer that it was entitled to request a hearing with the Hearing Officer in Trade Proceedings by 23 August 2019 at the latest. The exporting producer did not reply by the set deadline.

                     (33)

                     By letters of 18 May and 26 June 2019, the Commission informed another exporting producer about the deficiencies of its replies with respect to the required documentation and about its intention to apply Article 18 of the Basic Regulation. On 2 July 2019, the exporting producer stated that it had provided all the required information and provided again its financial statements from 2015 to 2018, but did not fill out the questionnaire in respect of its related company. On 12 and 22 August 2019, it seized the Hearing Officer of the issue. By letter of 27 August 2019, the Commission informed the exporting producer about the reasons why its additional information of 2 July was still highly incomplete and therefore the Commission maintained its intention to apply Article 18 of the basic Regulation. The Commission pointed to the fact that this exporting producer could not provide any evidence for an economic justification for its exports in 2018 other than channelling the production from other Chinese exporting producers. In the same letter, the Commission informed the exporting producer of the possibility to follow up their request for a hearing by 2 September 2019 at the latest. The exporting producer did not reply by the set deadline. It sent an email to the Commission on 10 September 2019 with an attachment concerning the cancelation of its related company. By letter of 13 September 2019, the Commission reiterated that it maintained its intention to apply Article 18 of the basic Regulation as the latest submission did not offer any new information and the reply remained highly incomplete. As a result, it was concluded that this exporting producer could not provide any evidence for an economic justification for its exports in 2018 other than channelling.

                     (34)

                     Finally, one exporting producer requested a hearing with the Commission services, which took place on 18 July 2019. During this hearing, the exporting producer submitted the questionnaire reply of its Hong Kong trader and provided additional documentation and clarifications. After the hearing, this exporting producer provided on the specific request of the Commission all requested documents which showed that it did not engage in channelling practices by selling the product concerned from other unrelated exporting producers under its own TARIC additional code. As a result, the Commission did not maintain its intention to apply Article 18 of the basic Regulation for this exporting producer.

                     (35)

                     In summary, 17 out of the 18 exporting producers were duly informed about the consequences of their partial or non-cooperation under recitals (21) to (23) of the initiating Regulation. Therefore, for these 17 companies, the Commission based its findings on the facts available, inter alia, on the data regarding trends in exports to the Union (see for details recital (36)), and on its assessment of the level of deficiency in their questionnaire replies) pursuant to Article 18(1) of the basic Regulation.

                     (36)

                     Of these 17 exporting producers,

                                 —

                                 15 had a rate of duty of 17,9 %, and had either sharply increased their exports between 2014 and 2018 or exported above their capacity;

                                 —

                                 The two remaining exporting producers, that had individual rates of duty of 22,9 % and 23,4 %, higher than the non-sampled cooperating rate of duty of 17,9 %, had decreased their exports between 2014 and 2018.

                           In the absence of any economic justification other than circumvention practices, the Commission concluded that these exporting producers are engaged in channelling.

                     (37)

                     Consequently, it is appropriate that the residual duty of 36,1 % should be applied to these 17 exporting producers that initially had a lower duty as explained in recital (12), and their company-specific TARIC additional codes should be repealed. Only one exporting producer was found not to be engaged in circumvention practices as explained in recital (34), and therefore should maintain its individual TARIC additional code and its rate of duty of 17,9 %.

                     (38)

                     Following disclosure, three of these 17 companies submitted comments, which were not accepted by the Commission for the reasons set out in recitals (39) to (41) below.

                     (39)

                     One company argued that the questionnaire reply had not been properly filled out due to an ‘incomplete understanding of the questionnair
                        e’ and a ‘lack of understanding of the work of the production department of the compan
                        y’. It therefore requested to resubmit the questionnaire reply. In this respect, it should be pointed out that the company had ample opportunity to come forward during the investigation. On 3 June 2019, the Commission had informed it of its intention to repeal the company-specific TARIC additional code in view of the deficiencies identified. The Commission advised the company that it had the right to provide further explanations. Absent any reply, the Commission communicated on 26 June 2019 that ‘your company did not provide within the time-limits set the necessary information in the questionnaire reply concerning, inter alia, the financial and production data.’ Following disclosure, the company had another three weeks to submit the necessary data and comments. No additional information was received within those time limits. Therefore, it is appropriate to repeal the company-specific TARIC additional code, as already announced to that company on 3 and 26 June 2019.

                     (40)

                     Following disclosure, the second company claimed in an email of 11 October 2019 that it had been fully cooperating, and referred in this respect to its earlier submissions on 28 April and 6 June 2019. It also confirmed in this email that the company is a trading company as per its business licence and that it did not undertake in any channelling practices. In this respect, it should be pointed out that only exporting producers can receive a company-specific TARIC additional code. As the company itself had acknowledged that it was a trader, it is appropriate to repeal the company-specific TARIC additional code, as already announced to that company on 3 and 26 June 2019.

                     (41)

                     Finally, the third company claimed that it had been fully cooperating and that it is not involved in channelling practices. In this respect, it should be recalled that the Commission had already informed the company about the deficiencies in its questionnaire reply on 28 May and 26 June 2019. Moreover, on 27 August 2019, the Commission had again explained to the company that many other issues, as outlined in the first letter of 28 May, had remained unanswered. When the last deadline had passed, the Commission informed the company on 13 September 2019 that it failed to provide the requested documents. As a result, the company did not provide sufficient evidence for an economic justification for its increased exports to the Union in 2018 other than channelling production from other Chinese tableware producers. Therefore, it is appropriate to repeal the company-specific TARIC additional code, as already announced to that company on 28 May 2019, 26 June 2019 and 13 August 2019.

                     (42)

                     In addition, before disclosure, the Commission noted that three of the 17 exporting producers were related to four other companies having each their own individual TARIC additional code and thus having the non-sampled cooperating duty of 17,9 %.

                     (43)

                     Consequently, to avoid the risk of channelling practices via these related companies, the Commission concluded at that stage that it was appropriate that their company-specific TARIC additional code be repealed. The residual duty of 36,1 % should also be applied to the four related companies that initially had all the lower non-sampling cooperating rate of duty of 17,9 %.

                     (44)

                     Following disclosure, all four related companies provided comments on the Commission’s preliminary assessment that they were related to companies that submitted a highly deficient questionnaire reply, as set out in recitals (45) and (46) below.

                     (45)

                     Three of these four companies provided evidence that they were not related to the companies that had submitted a highly deficient reply. The Commission analysed the documentation and concluded that the three companies are indeed not related. Therefore, it is appropriate not to repeal the company-specific TARIC additional code of these three companies.

                     (46)

                     The remaining fourth company (company A) came also forward. At a hearing of 10 October 2019 and in a subsequent letter of 18 October 2019, it claimed that the repeal of its own company-specific TARIC additional code was neither legally warranted nor factually justified. It also submitted that there was no risk of intercompany channelling between itself and its related companies (inter alia companies B and C (10)). Moreover, it enquired about additional guarantees and commitments that would allow the Commission’s monitoring of ceramic tableware produced by the company and imported under its company-specific TARIC additional code.

                     (47)

                     The Commission rejected the claim. According to the definition of related companies in Article 127 of Commission Implementing Regulation (EU) 2015/2447 (11), the fourth company (company A) is related to the one that filled out a highly deficient questionnaire reply (company B). At the time of the initiation, there was a strong financial tie, and after the divestment of the shareholding shortly thereafter the relationship continued by virtue of family bonds. Moreover, the company A wrote in its letter of 18 October 2019 that ‘there is still a family relation (i.e. husband and wife
                        )’ between one of the current shareholders of that company and one of the current shareholders of the other companies, thereby confirming that they are related. It follows that company’s B omission to report all related companies in a questionnaire reply can also be attributed to company A. Together, they missed the opportunity to share relevant facts with the Commission, despite a letter of 28 May 2019 to company B to do so. In addition, the past behaviour of the company A indicates that there is a strong risk for intra-company channelling between the related companies. That company increased its exports from 1 657 tonnes in 2014 to 3 929 tonnes in 2018, for which there was no economic justification. Finally, the Commission noted that the possibility to offer an undertaking under Article 8 of the basic Regulation does not exist for anti-circumvention cases under Article 13 of the basic Regulation. Accordingly, it is appropriate to repeal A’s company-specific TARIC additional code.

                     (48)

                     Moreover, following disclosure, one (company (C)) out of the two companies (companies (B) and (C)) that submitted highly deficient replies and that were related to the remaining fourth company (A), as mentioned in recital (46), came also forward. It requested the Commission to reconsider its intention of applying Article 18 of the basic Regulation. In this respect, it alleged that the main legal base of the Commission’s intention to apply Article 18 of the basic Regulation was that it had identified another related company. Moreover, the company claimed that there was only a remote connection between both companies.

                     (49)

                     For the same reasons set out above in recital (47), the company C also missed the opportunity to share relevant facts with the Commission, despite a letter of 28 May 2019 to the company to do so. In addition, it is incorrect to claim, in the context of Article 18 of the basic Regulation, that the specific disclosure letter of 27 September 2019 mainly referred to the relationship between companies A and C. The specific disclosure letter mentions specifically that the main reasons to apply Article 18 of the basic Regulation were set out in the letters of 28 May 2019 and 11 June 2019 to the company, where all failures to prove non-circumvention were listed.

                     (50)

                     Consequently, following disclosure, to avoid the risk of channelling practices via related companies, the Commission finally concluded that it is appropriate that the company-specific TARIC additional code of the company, mentioned in recital (46) is also repealed. The residual duty of 36,1 % should also be applied to the remaining related company that initially had the lower non-sampling cooperating rate of duty of 17,9 %.

               2.3.3.   The 19 exporting producers that submitted complete questionnaire replies

                     (51)

                     The remaining 19 exporting producers submitted complete questionnaire replies and verification visits were subsequently carried out at their premises during the period from July to September 2019.

                     (52)

                     17 out of these 19 exporting producers were not found to be engaged in circumvention practices. A large majority of them were established before the imposition of measures against the PRC. The questionnaire replies and the on-spot verifications of, among other factors, production and capacity data, production facilities, costs of production, purchases of raw materials, semi-finished and finished goods and export sales to the Union, confirmed that all 17 exporting producers were only exporting goods manufactured by them.

                     (53)

                     With respect to the remaining two exporting producers, the Commission did not find them to be engaged in circumvention practices but identified the following issues as detailed in recitals (54) and (55).

                     (54)

                     For the first group, the Commission noted that it had one trading company, which is the parent company, and two exporting producers, all three located at the same premises in China. It also noted that the individual TARIC additional code (with a rate of duty of 17,9 %) had been attributed only to the parent company. As TARIC additional codes have to be attributed to exporting producers, it is appropriate that the Commission now transfers the TARIC additional code from the trading parent company to the two exporting producers of the group pursuant to Articles 2(1) and 9(5) of the basic Regulation.

                     (55)

                     In the second group, which also had another related company with its own individual TARIC additional code (with a rate of duty of 17,9 %), the Commission noted a systematic misdeclaration of origin during its verification of the warehouse. Employees were packing the product concerned into inner and outer boxes on which was printed misleading information regarding the country of origin and the producer. The country of origin mentioned was Singapore and the producer, a company located in the same country. The purchase order was received from a trader established in Hong Kong. The shipment itself was destined for a third country outside the EU, where there are also anti-dumping measures in force on tableware originating from China. The Commission checked at the premises of the companies all supporting documents concerning some selected export sale transactions to the Union and analysed in addition the export data from Singapore to the Union. The Commission could not establish that such illegal behaviour was applied for export sales destined for the EU. Therefore, in the absence of evidence of fraud regarding the EU market, the Commission concluded that the goods produced by both exporting producers and destined for the EU are correctly declared to be of Chinese origin, and thereby did not evade the applicable EU anti-dumping duties.

                     (56)

                     Consequently, it is appropriate that 18 out of the 19 exporting producers that submitted complete questionnaire replies and were visited at their premises maintain their duty of 17,9 %. Moreover, for one of these 19 exporting producers, as laid down in recital (54), it is appropriate that the Commission should transfer the TARIC additional code from the trading parent company to the two exporting producers of the group pursuant to Articles 2(1) and 9(5) of the basic Regulation.

               2.4.   Change in the pattern of trade

         2.4.1.   Degree of cooperation and determination of the trade volumes in China

                     (57)

                     In the recent expiry review, the Commission analysed the development of the import volumes from the PRC into the Union with reference to Eurostat data, which provide countrywide figures. In the present anti-circumvention investigation it was necessary to assess company-specific data. Such data are available in the database, set up pursuant to Article 14(6) of the basic Regulation. This database gathers the data reported each month to the Commission by Member States on imports of products subject to investigation under each TARIC additional code, as well as the measures, including registration. The Commission therefore used data from the 14(6) database to identify the change in the pattern of trade by comparing exporting producers with higher and lower duties for the purpose this investigation.

                     (58)

                     The exporting producers subject to this investigation accounted for 26 % of the total Chinese export volumes of the product under investigation to the Union in the RP, as reported by the 14(6) database. 48 of them had received the non-sampled cooperating duty of 17,9 %.

                     (59)

                     As explained in recital (51), only 19 exporting producers cooperated by submitting complete questionnaire replies. Moreover, as explained in recital (34), one additional exporting producer that initially submitted a highly deficient questionnaire reply maintained finally its individual duty of 17,9 %. These 20 exporting producers, all subject to the non-sampled cooperating duty of 17,9 %, accounted for 10 % of the total Chinese imports during the RP.

               2.4.2.   Change in the pattern of trade in China

                     (60)

                     Table 1 shows the volume of imports of the product concerned from the PRC into the Union from 1 January 2015 to the end of the reporting period in an aggregate amount.

                        Table 1

                        Total import volumes from the PRC (in tonnes) into the Union

                                 2015

                                 2016

                                 2017

                                 2018

                                 Volume of imports

                                 348 003

                                 376 286

                                 403 071

                                 383 460

                                    Index

                                    100

                                    108

                                    116

                                    111

                                    Source: EU Import statistics based on the 14(6) database.

                     (61)

                     The volume of total imports from the PRC increased on an aggregate basis by 11 % over the IP and went from 348 003 tonnes in 2015 to 383 460 tonnes during the RP.

                     (62)

                     As explained in sections 2.3.1 and 2.3.2, the Commission noted that the exporting producers had either sharply increased their exports between 2014 and 2018, or exported above their capacity, as declared in the framework of the sampling exercise during the last expiry review investigation. In the absence of any economic justification other than circumvention practices, the Commission based its findings for these 30 exporting producers on the facts available, inter alia, data regarding their trends in exports to the Union, and the level of deficiency in their questionnaire replies pursuant to Article 18(1) of the basic Regulation and concluded that all of them are involved in circumvention practices. These 30 exporting producers accounted for 16 % of the total Chinese imports during the RP.

                     (63)

                     The 30 exporting producers engaged in circumvention increased their sale volumes to the Union from 52 497 tonnes in 2015 to 63 227 tonnes in 2018. This increase by more than 20 % is in clear contrast with the increase of all Chinese imports into the Union by about 11 %, as laid down in the table in recital (60) of this Regulation.

                     (64)

                     In addition, when differentiating between these 30 exporting producers on the basis of their applicable duty rate, a change in the pattern of trade was noted with reference to the period 2015 – 2018, as follows:

                                 —

                                 The 28 exporting producers subject to the non-sampled cooperating rate of duty (17,9 %) and engaged in circumvention practices increased their sales volume to the Union by about 12 600 tonnes on an aggregate level (or an average increase in sales volume to the Union per exporting producer of 450 tonnes), whereas the remaining exporting producers subject to the non-sampled cooperating rate of duty (about 370 exporting producers in total) (12) increased their sales volume to the Union by only about 20 000 tonnes during the same period (or an average increase in sales volume to the Union per exporting producer of 54 tonnes);

                                 —

                                 The two exporting producers with individual cooperating rates of duty, of 22,9 % and 23,4 % (higher than the non-sampled cooperating duty of 17,9 %) decreased their sales volume to the Union by about 1 900 tonnes, whereas the other three exporting producers with individual rates of duty (not targeted by this investigation) increased their sales volume by 1 450 tonnes. The latter exporting producers had received a – relatively lower — individual duty of respectively 13,1 %, 17,6 % and 18,3 % in the initial investigation.

                     (65)

                     These changes in trade flows to the Union constitute a change in the pattern of trade between individual exporting producers in the country subject to measures and the Union, which stems from a practice, process or work for which the investigation did not bring to light any due cause or economic justification other than the avoidance of the residual or the higher duty in force on tableware and kitchenware originating in the PRC.

               2.4.3.   Nature of the circumvention practice in China

                     (66)

                     Article 13(1) of the basic Regulation requires that the change in the pattern of trade stem from a practice, process or work for which there is insufficient due cause or economic justification other than the imposition of the duty. The practice, process or work includes, inter alia, the reorganisation by exporters or producers of their patterns and channels of sales in the country subject to measures in order to have their products exported to the Union through producers benefiting from an individual duty lower than that applicable to the products of the manufacturers.

                     (67)

                     As explained in sections 2.3.1 and 2.3.2, the Commission concluded that 30 out of the 50 exporting producers are involved in channelling practices. These represented 16 % of the total import volumes into the Union during the reporting period, as reported by the 14(6) database.

                     (68)

                     The Commission also received in 2018 evidence from the Slovenian customs authorities, showing that the product concerned was imported to the Union by another exporting producer (with a lower duty) than the one that actually manufactured it (with a higher duty). Moreover, during its analysis in the framework of a new exporter review, the Commission also collected evidence of a similar channelling practice whereby the product concerned was on the basis of the packaging labelling imported to the Union by another exporting producer (with a lower duty) than the one that actually manufactured it (with a higher duty). This confirms the findings of the investigation.

                     (69)

                     In light of the considerations above, the Commission established that channelling practices of the product under investigation were taking place on a wide scale.

               2.5.   Insufficient due cause or economic justification other than the imposition of the anti-dumping duty

                     (70)

                     The investigation did not bring to light any due cause or economic justification for the channelling practices other than the avoidance of the residual or the higher duty in force on tableware and kitchenware originating in the PRC.

               2.6.   Evidence of dumping

                     (71)

                     In accordance with Article 13(1) of the basic Regulation, the Commission examined whether there was evidence of dumping in relation to the normal value previously established for the like product.

                     (72)

                     In both the original Regulation and the last, most recent expiry review, dumping was established. The Commission decided to use the data from the more recent expiry review for establishing the normal value.

                     (73)

                     In accordance with Articles 2(11) and 2(12) of the basic Regulation, the average normal value as established in the expiry review Regulation was compared with the weighted average export prices during the RP of the 30 producers found to be circumventing the measures as reported in the 14(6) database.

                     (74)

                     Since these export prices were below the normal value, the existence of dumping was confirmed.

               2.7.   Undermining the remedial effect of the anti-dumping duty

                     (75)

                     Finally, in accordance with Article 13(1) of the basic Regulation, the Commission examined whether the imported products from the 30 exporting producers found to be involved in circumventing practices had, in terms of quantities and prices, undermined the remedial effects of the measures in force.

                     (76)

                     In recital (205) of the last expiry review Regulation as mentioned in recital (4), the Commission established that the Union consumption amounted to 634 255 tonnes during the expiry review investigation period (1 April 2017 to 31 March 2018), which is the most recent figure on Union consumption the Commission has in its possession and a useful indicator for the Union consumption of the year 2018. Using this figure, the market share of the imports of the 30 exporting producers engaged in circumvention practices, that amounted to 63 227 tonnes in 2018 according to the 14(6) database, is around 10 % of the total Union market, which is a significant percentage.

                     (77)

                     Regarding prices, the average non-injurious price was not established in the expiry review. Therefore, the average cost of production of the Union industry as established in the expiry review investigation was compared with the weighted average CIF prices of the 30 producers found to be circumventing the measures during this investigation’s RP as reported in the 14(6) database.

                     (78)

                     Since the CIF prices were below the average cost of production of the Union industry, the circumventing imports were undermining the remedial effects of the duty in terms of prices.

                     (79)

                     The Commission therefore concluded that the channelling practices described above undermined the remedial effects of the measures in force both in terms of quantities and prices.

               3.   MEASURES

                     (80)

                     Given the above, the Commission concluded that the definitive anti-dumping duty imposed on imports of ceramic tableware and kitchenware originating in the PRC has been circumvented by means of channelling practices via certain Chinese exporting producers subject to a lower duty.

                     (81)

                     Pursuant to Article 13(1) of the basic Regulation, the residual anti-dumping duty on imports of the product concerned originating in the PRC should therefore be extended to imports of the same product declared to be manufactured by certain companies subject to a lower duty, as they are actually being produced by companies subject to a higher individual duty or to the residual duty of 36,1 %.

                     (82)

                     It is therefore appropriate to extend the measure as established in Article 1(2) of the Commission Implementing Regulation (EU) 2019/1198 (13) under ‘all other companies’, which is a definitive anti-dumping duty of 36,1 % applicable to the net, free-at-Union- frontier price, before duty.

                     (83)

                     Pursuant to Articles 13(3) and 14(5) of the basic Regulation, which provides that any extended measures should apply to imports which entered the Union under registration imposed by the initiating Regulation, duties should be collected on the registered imports of ceramic tableware and kitchenware originating in the PRC that were imported into the Union under the TARIC additional codes of the 30 producers found to be channelling. The amount of anti-dumping duties to be retroactively collected should be the difference between the residual duty of 36,1 % and the amount that that company paid.

               4.   STRENGTHENING OF THE IMPORT REQUIREMENTS AND MONITORING

                     (84)

                     The Commission compared the submitted export data in the questionnaire replies to the data as reported in the 14(6) database. It noted that for some Chinese exporting producers the reported data in the 14(6) database were higher than the reported data in the questionnaire replies.

                     (85)

                     The Commission compared the latter data also with other sources during the on-spot verifications, such as income and VAT tax returns. In many cases, it identified differences between the submitted and subsequently verified export data in the questionnaire replies on the one hand and the reported data in the 14(6) database on the other hand.

                     (86)

                     In recital (5), the Commission referred to the misuse of the TARIC additional codes, which are company-specific. Such misuse might explain the above-mentioned differences in the export data as described under recitals (71) and (72).

                     (87)

                     The Commission therefore raised the issue of the potential misuse of the company-specific TARIC additional codes with representatives of those exporting producers where the Commission believed, based on its verifications, that their TARIC additional codes were being misused by other companies, rather than the exporting producers themselves being engaged in channelling practices.

                     (88)

                     On 4 July 2019, the issue of the potential misuse of the TARIC additional codes was also discussed with the Chinese authorities and the China Chamber of Commerce for Import and Export of Light Industrial Products & Arts-Crafts (hereafter ‘the Chamber’).

                     (89)

                     Based on these discussions, the Commission considered that special measures were needed to reduce the risk of any misuse of the company-specific TARIC additional codes, in particular by strengthening import requirements and monitoring in respect of the imports of Chinese kitchenware and tableware to the EU. Given that many Chinese producers are exporting to the EU only via unrelated traders, it is appropriate to strengthen the current system as follows.

                     (90)

                     The importer should be required to provide the following documents to the customs authorities of the Member States:

                                 —

                                 If the importer buys directly from the Chinese exporting producer, the import declaration must be accompanied by the commercial invoice bearing a declaration of the exporting producer as specified in Annex 2 (‘manufacturer declaration for direct export sale’);

                                 —

                                 If the importer buys from a trader or other intermediate legal person, whether located in mainland China or not, the import declaration must be accompanied by the commercial invoice from the manufacturer to the trader bearing a declaration of the manufacturer as specified in Annex 3 (‘manufacturer declaration for indirect export sale’) and by the commercial invoice from the trader to the importer.

                     (91)

                     While presentation of these documents is necessary for the customs authorities of the Member States to apply the individual rates of anti-dumping duty to imports, these documents are not the only element to be taken into account by the customs authorities. Indeed, even if presented with these documents meeting all the requirements, 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.

                     (92)

                     Moreover, following the discussions as referred to in recital (88), on 9 August 2019, the Commission sent a letter to the Chinese authorities and the Chamber, proposing them to collaborate in strengthening the import requirements and monitoring system. On 1 September 2019, the Chinese authorities and the Chamber accepted to participate in a new enforcement system as follows: each exporting producer with a duty other than 36,1 % would be asked to send a copy of its commercial invoice to the Chamber, that on its turn would submit an annual report to the Commission concerning the export data to the EU of these exporting producers.

                     (93)

                     Following disclosure, the European Ceramic Industry Association commented that it welcomed the detailed findings in the General Disclosure Document and that it supported the proposed actions, such as the monitoring of imports and requiring a series of documents that the Member States will be collecting at Customs.

               5.   DISCLOSURE

                     (94)

                     The Commission informed all interested parties of the essential facts and considerations leading to the above conclusions and invited the parties to comment. The oral and written comments submitted by the parties were taken into consideration. None of the arguments presented gave rise to a modification of the definitive findings.

                     (95)

                     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.   The definitive anti-dumping duty of 36,1 % applicable to ‘all other companies’ imposed by Article 1(2) of Commission Implementing Regulation (EU) 2019/1198 on imports of ceramic tableware and kitchenware, excluding ceramic condiment or spice mills and their ceramic grinding parts, ceramic coffee mills, ceramic knife sharpeners, ceramic sharpeners, ceramic kitchen tools to be used for cutting, grinding, grating, slicing, scraping and peeling, and cordierite ceramic pizza-stones of a kind used for baking pizza or bread, currently falling under CN codes ex 6911 10 00, ex 6912 00 21, ex 6912 00 23, ex 6912 00 25 and ex 6912 00 29 (TARIC codes 6911100090, 6912002111, 6912002191, 6912002310, 6912002510 and 6912002910) and originating in the People’s Republic of China, is as of 23 March 2019 extended to imports declared by the companies listed in the following table. Their TARIC additional codes as mentioned in Article 1(2) and Annex I of Implementing Regulation (EU) 2019/1198, listed in the following table shall be repealed and replaced by TARIC additional code B999.

                           Company

                           TARIC
                           Additional Code (repealed and replaced)

                           CHL Porcelain Industries Ltd

                           B351

                           Guangxi Province Beiliu City Laotian Ceramics Co., Ltd

                           B353

                           Beiliu Chengda Ceramic Co., Ltd

                           B360

                           Beiliu Jiasheng Porcelain Co., Ltd

                           B362

                           Chaozhou Lianjun Ceramics Co., Ltd

                           B446

                           Chaozhou Xinde Ceramics Craft Factory

                           B484

                           Chaozhou Yaran Ceramics Craft Making Co., Ltd

                           B492

                           Evershine Fine China Co., Ltd

                           B514

                           Far East (Boluo) Ceramics Factory, Co. Ltd

                           B517

                           Fujian Dehua Rongxin Ceramic Co., Ltd

                           B543

                           Fujian Dehua Xingye Ceramic Co., Ltd

                           B548

                           Profit Cultural & Creative Group Corporation

                           B556

                           Guangxi Beiliu Guixin Porcelain Co., Ltd

                           B579

                           Guangxi Beiliu Rili Porcelain Co., Ltd

                           B583

                           Hunan Huawei China Industry Co., Ltd

                           B602

                           Hunan Wing Star Ceramic Co., Ltd

                           B610

                           Joyye Arts & Crafts Co. Ltd

                           B619

                           Liling Rongxiang Ceramic Co., Ltd

                           B639

                           Meizhou Gaoyu Ceramics Co., Ltd

                           B656

                           Ronghui Ceramic Co., Ltd Liling Hunan China

                           B678

                           Shenzhen Donglin Industry Co., Ltd

                           B687

                           Shenzhen Fuxingjiayun Ceramics Co., Ltd

                           B692

                           Shenzhen Good-Always Imp. & Exp. Co. Ltd

                           B693

                           Tangshan Daxin Ceramics Co., Ltd

                           B712

                           Tangshan Redrose Porcelain Products Co., Ltd

                           B724

                           Xuchang Jianxing Porcelain Products Co., Ltd

                           B742

                           Yuzhou Huixiang Ceramics Co., Ltd

                           B751

                           Yuzhou Ruilong Ceramics Co., Ltd

                           B752

                           Zibo Fuxin Porcelain Co., Ltd

                           B759

                           Liling Taiyu Porcelain Industries Co., Ltd

                           B956

               2.   Due to their relationship to the companies listed in the table above, the definitive anti-dumping duty of 36,1 % applicable to ‘all other companies’ imposed by Article 1(2) of Implementing Regulation (EU) 2019/1198 on imports of ceramic tableware and kitchenware, excluding ceramic condiment or spice mills and their ceramic grinding parts, ceramic coffee mills, ceramic knife sharpeners, ceramic sharpeners, ceramic kitchen tools to be used for cutting, grinding, grating, slicing, scraping and peeling, and cordierite ceramic pizza-stones of a kind used for baking pizza or bread, currently falling under CN codes ex 6911 10 00, ex 6912 00 21, ex 6912 00 23, ex 6912 00 25 and ex 6912 00 29 (TARIC codes 6911100090, 6912002111, 6912002191, 6912002310, 6912002510 and 6912002910) and originating in the People’s Republic of China, is as of 23 March 2019 also extended to imports declared by the companies listed in the following table. Their TARIC additional codes as mentioned in Annex I of Implementing Regulation (EU) 2019/1198 and which are listed in the following table shall be repealed and replaced by TARIC additional code B999.

                           Company

                           TARIC
                           Additional Code (repealed and replaced)

                           Guandong Songfa Ceramics Co., Ltd

                           B573

                           Guangxi Xin Fu Yuan Co., Ltd

                           B588

                           Liling Jiaxing Ceramic Industrial Co., Ltd.

                           B632

               3.   The table in Article 1(2) of Commission Implementing Regulation (EU) 2019/1198 is hereby replaced by the following table:

                           Company

                           Duty
                           (%)

                           TARIC
                           Additional Code

                           Hunan Hualian China Industry Co., Ltd; Hunan Hualian Ebillion Industry Co., Ltd; Hunan Liling Hongguanyao China Industry Co., Ltd;
                           Hunan Hualian Yuxiang China Industry Co., Ltd.

                           18,3 %

                           B349

                           Guangxi Sanhuan Enterprise Group Holding Co., Ltd

                           13,1 %

                           B350

                           Shandong Zibo Niceton-Marck Huaguang Ceramics Limited;
                           Zibo Huatong Ceramics Co., Ltd;
                           Shandong Silver Phoenix Co., Ltd;
                           Niceton Ceramics (Linyi) Co., Ltd;
                           Linyi Jingshi Ceramics Co., Ltd;
                           Linyi Silver Phoenix Ceramics Co., Ltd;
                           Linyi Chunguang Ceramics Co., Ltd;
                           Linyi Zefeng Ceramics Co., Ltd.

                           17,6 %

                           B352

                           Companies listed in Annex 1

                           17,9 %

                           All other companies

                           36,1 %

                           B999

               4.   Annex I to the Implementing Regulation (EU) 2019/1198 is hereby replaced by the Annex 1 to this Regulation.

               5.   The duty extended by paragraph 1 of this Article shall be collected on imports registered in accordance with Article 2 of Implementing Regulation (EU) 2019/464 and Articles 13(3) and 14(5) of Regulation (EU) 2016/1036, for all companies listed in the table under paragraph 1 of this Article.
               The amount of anti-dumping duties to be retroactively collected shall be the difference between the residual duty of 36,1 % and the amount that was actually paid.

               6.   Annex II to Implementing Regulation (EU) 2019/1198 is hereby replaced by the Annexes 2 and 3 to this Regulation. The application of the individual anti-dumping duty rates for the companies mentioned in paragraph 3 shall be conditional upon presentation to the customs authorities of the Member States of the following documents:

                           a)

                           If the importer buys directly from the Chinese exporting producer, the import declaration must be accompanied by the commercial invoice bearing a declaration of the exporting producer as specified in Annex 2 (‘manufacturer declaration for direct export sale’);

                           b)

                           If the importer buys from a trader or other intermediate legal person, whether located in mainland China or not, the import declaration must be accompanied by the commercial invoice from the manufacturer to the trader bearing a declaration of the manufacturer as specified in Annex 3 (‘manufacturer declaration for indirect export sale’) and by the commercial invoice from the trader to the importer.

               7.   Unless otherwise specified, the provisions in force concerning customs duties shall apply.

            Article 2
            Customs authorities are hereby directed to discontinue the registration of imports, established in accordance with Article 2 of Implementing Regulation (EU) 2019/464.

            Article 3
            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, 28 November 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 176, 30.6.2016, p. 21.

            (2)  Council Implementing Regulation (EU) No 412/2013 of 13 May 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ceramic tableware and kitchenware originating in the People’s Republic of China (OJ L 131, 15.5.2013, p. 1).

            (3)  Commission Implementing Regulation (EU) 2017/1932 of 23 October 2017 amending Council Implementing Regulation (EU) No 412/2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ceramic tableware and kitchenware originating in the People’s Republic of China (OJ L 273, 24.10.2017, p. 4).

            (4)  Commission Implementing Regulation (EU) No 803/2014 of 24 July 2014 amending Council Implementing Regulation (EU) No 412/2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ceramic tableware and kitchenware originating in the People’s Republic of China (OJ L 219, 25.7.2014, p. 33).

            (5)  Commission Implementing Regulation (EU) 2017/2207 of 29 November 2017 amending Council Implementing Regulation (EU) No 412/2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ceramic tableware and kitchenware originating in the People’s Republic of China (OJ L 314, 30.11.2017, p. 31).

            (6)  Commission Implementing Regulation (EU) 2019/1198 of 12 July 2019 imposing a definitive anti-dumping duty on imports of ceramic tableware and kitchenware originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 (OJ L 189, 15.7.2019, p. 8).

            (7)  Commission Implementing Regulation (EU) 2019/464 of 21 March 2019 initiating an investigation concerning possible circumvention of anti-dumping measures imposed by Council Implementing Regulation (EU) No 412/2013 on imports of ceramic tableware and kitchenware originating in the People’s Republic of China, and making such imports subject to registration (OJ L 80, 22.3.2019, p. 18).

            (8)  This exporting producer could not provide any evidence for an economic justification for its exports in 2018 other than channelling the product concerned produced by other Chinese exporting producers.

            (9)  The company did not provide within the time-limits set the necessary information in the questionnaire reply concerning, inter alia, the financial, sales and production data. As a result, this exporting producer could not provide any evidence for an economic justification for its exports in 2018 other than channelling.

            (10)  It should be noted that the letter of 18 October 2019 from company A mainly refers to its relationship to company B, and less to its relationship it has with company C.

            (11)  Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558).

            (12)  As mentioned in footnote 4, more than 400 exporting producers are subject to the non-sampled cooperating rate of duty of 17,9 %.

            (13)  Commission Implementing Regulation (EU) 2019/1198 of 12 July 2019 imposing a definitive anti-dumping duty on imports of ceramic tableware and kitchenware originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 (OJ L 189, 15.7.2019, p. 8).

            ANNEX 1

               Cooperating Chinese exporting producers not sampled

                        Company

                        TARIC Additional Code

                        Amaida Ceramic Product Co., Ltd.

                        B357

                        Asianera Porcelain (Tangshan) Ltd.

                        B358

                        Beiliu Changlong Ceramics Co., Ltd.

                        B359

                        Beiliu City Heyun Building Materials Co., Ltd.

                        B361

                        Beiliu Quanli Ceramic Co., Ltd.

                        B363

                        Beiliu Shimin Porcelain Co., Ltd.

                        B364

                        Beiliu Windview Industries Ltd.

                        B365

                        Cameo China (Fengfeng) Co., Ltd.

                        B366

                        Changsha Happy Go Products Developing Co., Ltd.

                        B367

                        Chao An Huadayu Craftwork Factory

                        B368

                        Chaoan County Fengtang Town HaoYe Ceramic Fty

                        B369

                        Chao’an Lian Xing Yuan Ceramics Co., Ltd.

                        B370

                        Chaoan Oh Yeah Ceramics Industrial Co., Ltd.

                        B371

                        Chaoan Shengyang Crafts Industrial Co., Ltd

                        B372

                        Chaoan Xin Yuan Ceramics Factory

                        B373

                        Chao’an Yongsheng Ceramic Industry Co., Ltd.

                        B374

                        Guangdong Baodayi Porcelain Co., Ltd.

                        B375

                        Chaozhou Baode Ceramics Co., Ltd,

                        B376

                        Chaozhou Baolian Ceramics Co., Ltd.

                        B377

                        Chaozhou Big Arrow Ceramics Industrial Co., Ltd.

                        B378

                        Chaozhou Boshifa Ceramics Making Co., Ltd.

                        B379

                        Chaozhou Cantake Craft Co., Ltd.

                        B380

                        Chaozhou Ceramics Industry and Trade General Corp.

                        B381

                        Chaozhou Chaofeng Ceramic Making Co., Ltd.

                        B382

                        Chaozhou Chengxi Jijie Art & Craft Painted Porcelain Fty.

                        B383

                        Chaozhou Chengxinda Ceramics Industry Co., Ltd.

                        B384

                        Chaozhou Chenhui Ceramics Co., Ltd.

                        B385

                        Chaozhou Chonvson Ceramics Industry Co., Ltd.

                        B386

                        Chaozhou Daxin Arts & Crafts Co., Ltd.

                        B387

                        Chaozhou DaXing Ceramics Manufactory Co., Ltd

                        B388

                        Chaozhou Dayi Ceramics Industries Co., Ltd.

                        B389

                        Chaozhou Dehong Ceramics Making Co., Ltd.

                        B390

                        Chaozhou Deko Ceramic Co., Ltd.

                        B391

                        Chaozhou Diamond Ceramics Industrial Co., Ltd.

                        B392

                        Chaozhou Dongyi Ceramics Co., Ltd.

                        B393

                        Chaozhou Dragon Porcelain Industrial Co., Ltd.

                        B394

                        Chaozhou Fairway Ceramics Manufacturing Co., Ltd.

                        B395

                        Chaozhou Feida Ceramics Industries Co., Ltd.

                        B396

                        Chaozhou Fengxi Baita Ceramics Fty.

                        B397

                        Chaozhou Fengxi Dongtian Porcelain Fty. No 2

                        B398

                        Chaozhou Fengxi Fenger Ceramics Craft Fty.

                        B399

                        Chaozhou Fengxi Hongrong Color Porcelain Fty.

                        B400

                        Chaozhou Fengxi Jiaxiang Ceramic Manufactory

                        B401

                        Guangdong GMT Foreign Trade Service Corp.

                        B402

                        Chaozhou Fengxi Shengshui Porcelain Art Factory

                        B403

                        Chaozhou Fengxi Zone Jinbaichuan Porcelain Crafts Factory

                        B404

                        Chaozhou Fromone Ceramic Co., Ltd.

                        B405

                        Chaozhou Genol Ceramics Manufacture Co., Ltd.

                        B406

                        Chaozhou Good Concept Ceramics Co., Ltd.

                        B407

                        Chaozhou Grand Collection Ceramics Manufacturing Co. Ltd.

                        B408

                        Chaozhou Guangjia Ceramics Manufacture Co., Ltd.

                        B409

                        Chaozhou Guidu Ceramics Co., Ltd.

                        B410

                        Chaozhou Haihong Ceramics Making Co., Ltd.

                        B411

                        Chaozhou Hengchuang Porcelain Co., Ltd.

                        B412

                        Chaozhou Henglibao Porcelain Industrial Co., Ltd.

                        B413

                        Chaozhou Hongbo Ceramics Industrial Co., Ltd.

                        B414

                        Chaozhou Hongjia Ceramics Making Co., Ltd.

                        B415

                        Chaozhou Hongye Ceramics Manufactory Co., Ltd.

                        B416

                        Chaozhou Hongye Porcelain Development Co., Ltd.

                        B417

                        Chaozhou Hongyue Porcelain Industry Co., Ltd.

                        B418

                        Chaozhou Hongzhan Ceramic Manufacture Co., Ltd.

                        B419

                        Chaozhou Hua Da Ceramics Making Co., Ltd.

                        B420

                        Chaozhou Huabo Ceramic Co., Ltd.

                        B421

                        Chaozhou Huade Ceramics Manufacture Co., Ltd.

                        B422

                        Chaozhou Huashan Industrial Co., Ltd.

                        B423

                        Chaozhou Huayu Ceramics Co., Ltd.

                        B424

                        Chaozhou Huazhong Ceramics Industries Co., Ltd.

                        B425

                        Chaozhou Huifeng Ceramics Craft Making Co., Ltd.

                        B426

                        Chaozhou J&M Ceramics Industrial Co., Ltd.

                        B427

                        Chaozhou Jencymic Co., Ltd.

                        B428

                        Chaozhou Jiahua Ceramics Co., Ltd.

                        B429

                        Chaozhou Jiahuabao Ceramics Industrial Co., Ltd.

                        B430

                        Chaozhou JiaHui Ceramic Factory

                        B431

                        Chaozhou Jiaye Ceramics Making Co., Ltd.

                        B432

                        Chaozhou Jiayi Ceramics Making Co., Ltd.

                        B433

                        Chaozhou Jiayu Ceramics Making Co., Ltd.

                        B434

                        Chaozhou Jin Jia Da Porcelain Industry Co., Ltd.

                        B435

                        Chaozhou Jingfeng Ceramics Craft Co., Ltd.

                        B436

                        Guangdong Jinqiangyi Ceramics Co., Ltd.

                        B437

                        Chaozhou Jinxin Ceramics Making Co., Ltd

                        B438

                        Chaozhou Jinyuanli Ceramics Manufacture Co., Ltd.

                        B439

                        Chaozhou Kaibo Ceramics Making Co., Ltd.

                        B440

                        Chaozhou Kedali Porcelain Industrial Co., Ltd.

                        B441

                        Chaozhou King’s Porcelain Industry Co., Ltd.

                        B442

                        Chaozhou Kingwave Porcelain & Pigment Co., Ltd.

                        B443

                        Chaozhou Lemontree Tableware Co., Ltd.

                        B444

                        Chaozhou Lianfeng Porcelain Co., Ltd.

                        B445

                        Chaozhou Lianyu Ceramics Co., Ltd.

                        B447

                        ChaoZhou Lianyuan Ceramic Making Co., Ltd.

                        B448

                        Chaozhou Lisheng Ceramics Co., Ltd.

                        B449

                        Chaozhou Loving Home Porcelain Co., Ltd.

                        B450

                        Chaozhou Maocheng Industry Dve. Co., Ltd.

                        B451

                        Chaozhou MBB Porcelain Factory

                        B452

                        Guangdong Mingyu Technology Joint Stock Limited Company

                        B453

                        Chaozhou New Power Co., Ltd.

                        B454

                        Chaozhou Ohga Porcelain Co.,Ltd.

                        B455

                        Chaozhou Oubo Ceramics Co., Ltd.

                        B456

                        Chaozhou Pengfa Ceramics Manufactory Co., Ltd.

                        B457

                        Chaozhou Pengxing Ceramics Co., Ltd.

                        B458

                        Chaozhou Qingfa Ceramics Co., Ltd.

                        B459

                        Chaozhou Ronghua Ceramics Making Co., Ltd.

                        B460

                        Guangdong Ronglibao Homeware Co., Ltd.

                        B461

                        Chaozhou Rui Cheng Porcelain Industry Co., Ltd.

                        B462

                        Chaozhou Rui Xiang Porcelain Industrial Co., Ltd.

                        B463

                        Chaozhou Ruilong Ceramics Co., Ltd.

                        B464

                        Chaozhou Sanhua Ceramics Industrial Co., Ltd.

                        B465

                        Chaozhou Sanming Industrial Co., Ltd.

                        B466

                        Chaozhou Santai Porcelain Co., Ltd.

                        B467

                        Chaozhou Shuntai Ceramic Manufactory Co., Ltd.

                        B468

                        Chaozhou Songfa Ceramics Co.,Ltd.

                        B469

                        Chaozhou Sundisk Ceramics Making Co., Ltd.

                        B470

                        Chaozhou Teemjade Ceramics Co., Ltd.

                        B471

                        Chaozhou Thyme Ceramics Co., Ltd.

                        B472

                        Chaozhou Tongxing Huajiang Ceramics Making Co., Ltd

                        B473

                        Guangdong Totye Ceramics Industrial Co., Ltd.

                        B474

                        Chaozhou Trend Arts & Crafts Co., Ltd.

                        B475

                        Chaozhou Uncommon Craft Industrial Co., Ltd.

                        B476

                        Chaozhou Weida Ceramic Making Co., Ltd.

                        B477

                        Chaozhou Weigao Ceramic Craft Co., Ltd.

                        B478

                        Chaozhou Wingoal Ceramics Industrial Co., Ltd.

                        B479

                        Chaozhou Wood House Porcelain Co., Ltd.

                        B480

                        Chaozhou Xiangye Ceramics Craft Making Co., Ltd.

                        B481

                        Chaozhou Xin Weicheng Co., Ltd.

                        B482

                        Chaozhou Xincheng Ceramics Co., Ltd.

                        B483

                        Chaozhou Xingguang Ceramics Co., Ltd.

                        B485

                        Chaozhou Wenhui Porcelain Co., Ltd.

                        B486

                        Chaozhou Xinkai Porcelain Co., Ltd.

                        B487

                        Chaozhou Xinlong Porcelain Industrial Co., Ltd.

                        B488

                        Chaozhou Xinyu Porcelain Industrial Co., Ltd.

                        B489

                        Chaozhou Xinyue Ceramics Manufacture Co., Ltd.

                        B490

                        Chaozhou Yangguang Ceramics Co., Ltd.

                        B491

                        Chaozhou Yinhe Ceramics Co., Ltd.

                        B493

                        Chaozhou Yongsheng Ceramics Manufacturing Co., Ltd.

                        B494

                        Chaozhou Yongxuan Domestic Ceramics Manufactory Co., Ltd.

                        B495

                        Chaozhou Yu Ri Ceramics Making Co., Ltd.

                        B496

                        Chaozhou Yuefeng Ceramics Ind. Co., Ltd.

                        B497

                        Chaozhou Yufeng Ceramics Making Factory

                        B498

                        Chaozhou Zhongxia Porcelain Factory Co., Ltd.

                        B499

                        Chaozhou Zhongye Ceramics Co., Ltd.

                        B500

                        Dabu Yongxingxiang Ceramics Co., Ltd.

                        B501

                        Dapu Fuda Ceramics Co., Ltd.

                        B502

                        Dapu Taoyuan Porcelain Factory

                        B503

                        Dasheng Ceramics Co., Ltd. Dehua

                        B504

                        De Hua Hongshun Ceramic Co., Ltd.

                        B505

                        Dehua Hongsheng Ceramic Co., Ltd.

                        B506

                        Dehua Jianyi Porcelain Industry Co., Ltd.

                        B507

                        Dehua Kaiyuan Porcelain Industry Co., Ltd.

                        B508

                        Dehua Ruyuan Gifts Co., Ltd.

                        B509

                        Dehua Xinmei Ceramics Co., Ltd.

                        B510

                        Dongguan Kennex Ceramic Ltd.

                        B511

                        Dongguan Shilong Kyocera Co., Ltd.

                        B512

                        Dongguan Yongfuda Ceramics Co., Ltd.

                        B513

                        Excellent Porcelain Co., Ltd.

                        B515

                        Fair-Link Limited (Xiamen)

                        B516

                        Far East (chaozhou) Ceramics Factory Co., Ltd.

                        B518

                        Fengfeng Mining District Yuhang Ceramic Co. Ltd. (‘Yuhang’)

                        B519

                        Foshan Metart Company Limited

                        B520

                        Fujian Jiashun Art&Crafts Co., Ltd.

                        B521

                        Fujian Dehua Chengyi Ceramics Co., Ltd.

                        B522

                        Fujian Dehua Five Continents Ceramic Manufacturing Co., Ltd.

                        B523

                        Fujian Dehua Fujue Ceramics Co., Ltd.

                        B524

                        Fujian Dehua Full Win Crafts Co., Ltd.

                        B525

                        Fujian Dehua Fusheng Ceramics Co., Ltd.

                        B526

                        Fujian Dehua Gentle Porcelain Co., Ltd.

                        B527

                        Fujian Dehua Guanhong Ceramic Co., Ltd.

                        B528

                        Fujian Dehua Guanjie Ceramics Co., Ltd.

                        B529

                        Luzerne (Fujian) Group Co., Ltd.

                        B530

                        Fujian Dehua Hongda Ceramics Co., Ltd.

                        B531

                        Fujian Dehua Hongsheng Arts & Crafts Co., Ltd.

                        B532

                        Fujian Dehua Hongyu Ceramic Co., Ltd.

                        B533

                        Fujian Dehua Huachen Ceramics Co., Ltd.

                        B534

                        Fujian Dehua Huaxia Ceramics Co., Ltd.

                        B535

                        Fujian Dehua Huilong Ceramic Co., Ltd.

                        B536

                        Fujian Dehua Jingyi Ceramics Co., Ltd.

                        B537

                        Fujian Dehua Jinhua Porcelain Co., Ltd.

                        B538

                        Fujian Dehua Jinzhu Ceramics Co., Ltd.

                        B539

                        Fujian Dehua Lianda Ceramic Co., Ltd.

                        B540

                        Fujian Dehua Myinghua Ceramics Co., Ltd.

                        B541

                        Fujian Dehua Pengxin Ceramics Co., Ltd.

                        B542

                        Fujian Dehua Shisheng Ceramics Co., Ltd.

                        B544

                        Fujian Dehua Will Ceramic Co., Ltd.

                        B545

                        Fujian Dehua Xianda Ceramic Factory

                        B546

                        Fujian Dehua Xianghui Ceramic Co., Ltd.

                        B547

                        Fujian Dehua Yonghuang Ceramic Co., Ltd.

                        B549

                        Fujian Dehua Yousheng Ceramics Co., Ltd.

                        B550

                        Fujian Dehua You-Young Crafts Co., Ltd.

                        B551

                        Fujian Dehua Zhenfeng Ceramics Co., Ltd.

                        B552

                        Fujian Dehua Zhennan Ceramics Co., Ltd.

                        B553

                        Fujian Jackson Arts and Crafts Co., Ltd.

                        B554

                        Fujian Jiamei Group Corporation

                        B555

                        Fujian Province Dehua County Beatrot Ceramic Co., Ltd.

                        B557

                        Fujian Province Yongchun County Foreign Processing and Assembling Corporation

                        B558

                        Fujian Quanzhou Longpeng Group Co., Ltd.

                        B559

                        Fujian Dehua S&M Arts Co., Ltd., and
                        Fujian Taigu Ceramics Co., Ltd.

                        B560

                        Fung Lin Wah Group

                        B561

                        Ganzhou Koin Structure Ceramics Co., Ltd.

                        B562

                        Global Housewares Factory

                        B563

                        Guangdong Baofeng Ceramic Technology Development Co., Ltd.

                        B564

                        Guangdong Bening Ceramics Industries Co., Ltd.

                        B565

                        Guangdong Daye Porcelain Co., Ltd.

                        B566

                        Guangdong Dongbao Group Co., Ltd.

                        B567

                        Guangdong Huaxing Ceramics Co., Ltd.

                        B568

                        Guangdong Quanfu Ceramics Ind. Co., Ltd.

                        B569

                        Guangdong Shunqiang Ceramics Co., Ltd

                        B570

                        Guangdong Shunxiang Porcelain Co., Ltd.

                        B571

                        Guangdong Sitong Group Co., Ltd.

                        B572

                        GuangDong XingTaiYi Porcelain Co., Ltd

                        B574

                        Guangdong Yutai Porcelain Co., Ltd.

                        B575

                        Guangdong Zhentong Ceramics Co., Ltd

                        B576

                        Guangxi Baian Ceramic Co. Ltd

                        B577

                        Guangxi Beiliu City Ming Chao Porcelain Co., Ltd.

                        B578

                        Guangxi Beiliu Huasheng Porcelain Ltd.

                        B580

                        Guangxi Beiliu Newcentury Ceramic Llc.

                        B581

                        Guangxi Beiliu Qinglang Porcelain Trade Co., Ltd.

                        B582

                        Guangxi Beiliu Xiongfa Ceramics Co., Ltd.

                        B584

                        Guangxi Beiliu Yujie Porcelain Co., Ltd.

                        B585

                        Guangxi Beiliu Zhongli Ceramics Co., Ltd

                        B586

                        Guangxi Nanshan Porcelain Co., Ltd.

                        B587

                        Guangxi Yulin Rongxing Ceramics Co., Ltd.

                        B589

                        Guangzhou Chaintime Porcelain Co., Ltd.

                        B590

                        Haofa Ceramics Co., Ltd. of Dehua Fujian

                        B591

                        Hebei Dersun Ceramic Co., Ltd.

                        B592

                        Hebei Great Wall Ceramic Co., Ltd.

                        B593

                        Henan Ruilong Ceramics Co., Ltd

                        B594

                        Henghui Porcelain Plant Liling Hunan China

                        B595

                        Huanyu Ceramic Industrial Co., Ltd. Liling Hunan China

                        B596

                        Hunan Baihua Ceramics Co., Ltd.

                        B597

                        Hunan Eka Ceramics Co., Ltd.

                        B598

                        Hunan Fungdeli Ceramics Co., Ltd.

                        B599

                        Hunan Gaofeng Ceramic Manufacturing Co., Ltd.

                        B600

                        Hunan Huari Ceramic Industry Co., Ltd

                        B601

                        Hunan Huayun Ceramics Factory Co., Ltd

                        B603

                        Hunan Liling Tianxin China Industry Ltd.

                        B604

                        Hunan Provincial Liling Chuhua Ceramic Industrial Co., Ltd.

                        B605

                        Hunan Quanxiang Ceramics Corp. Ltd.

                        B606

                        Hunan Rslee Ceramics Co., Ltd

                        B607

                        Hunan Taisun Ceramics Co., Ltd.

                        B608

                        Hunan Victor Imp. & Exp. Co., Ltd

                        B609

                        Hunan Xianfeng Ceramic Industry Co.,Ltd

                        B611

                        Jiangsu Gaochun Ceramics Co., Ltd.

                        B612

                        Jiangsu Yixing Fine Pottery Corp., Ltd.

                        B613

                        Jiangxi Global Ceramic Co., Ltd.

                        B614

                        Jiangxi Kangshu Porcelain Co.,Ltd.

                        B615

                        Jingdezhen F&B Porcelain Co., Ltd.

                        B616

                        Jingdezhen Yuanjing Porcelain Industry Co., Ltd.

                        B617

                        Jiyuan Jukang Xinxing Ceramics Co., Ltd.

                        B618

                        Junior Star Ent’s Co., Ltd.

                        B620

                        K&T Ceramics International Co., Ltd.

                        B621

                        Kam Lee (Xing Guo) Metal and Plastic Fty. Co., Ltd.

                        B622

                        Karpery Industrial Co., Ltd. Hunan China

                        B623

                        Kilncraft Ceramics Ltd.

                        B624

                        Lian Jiang Golden Faith Porcelain Co., Ltd.

                        B625

                        Liling Gaojia Ceramic Industry Co., Ltd

                        B626

                        Liling GuanQian Ceramic Manufacture Co., Ltd.

                        B627

                        Liling Huahui Ceramic Manufacturing Co., Ltd.

                        B628

                        Liling Huawang Ceramics Manufacturing Co., Ltd.

                        B629

                        Liling Jiahua Porcelain Manufacturing Co., Ltd

                        B630

                        Liling Jialong Porcelain Industry Co., Ltd

                        B631

                        Liling Kaiwei Ceramic Co., Ltd.

                        B633

                        Liling Liangsheng Ceramic Manufacture Co., Ltd.

                        B634

                        Liling Liuxingtan Ceramics Co., Ltd

                        B635

                        Liling Minghui Ceramics Factory

                        B636

                        Liling Pengxing Ceramic Factory

                        B637

                        Liling Quanhu Industries General Company

                        B638

                        Liling Ruixiang Ceramics Industrial Co., Ltd.

                        B640

                        Liling Santang Ceramics Manufacturing Co., Ltd.

                        B641

                        Liling Shenghua Industrial Co., Ltd.

                        B642

                        Liling Spring Ceramic Industry Co., Ltd

                        B643

                        Liling Tengrui Industrial and Trading Co.,Ltd.

                        B644

                        Liling Top Collection Industrial Co., Ltd

                        B645

                        Liling United Ceramic-Ware Manufacturing Co., Ltd.

                        B646

                        Liling Yonghe Porcelain Factory

                        B647

                        Liling Yucha Ceramics Co., Ltd.

                        B648

                        Liling Zhengcai Ceramic Manufacturing Co., Ltd

                        B649

                        Linyi Jinli Ceramics Co., Ltd.

                        B650

                        Linyi Pengcheng Industry Co., Ltd.

                        B651

                        Linyi Wanqiang Ceramics Co., Ltd.

                        B652

                        Linyi Zhaogang Ceramics Co., Ltd.

                        B653

                        Liveon Industrial Co., Ltd.

                        B654

                        Long Da Bone China Co., Ltd.

                        B655

                        Meizhou Lianshunchang Trading Co., Ltd.

                        B657

                        Meizhou Xinma Ceramics Co., Ltd.

                        B658

                        Meizhou Yuanfeng Ceramic Industry Co., Ltd.

                        B659

                        Meizhou Zhong Guang Industrial Co., Ltd.

                        B660

                        Miracle Dynasty Fine Bone China (Shanghai) Co., Ltd.

                        B661

                        Photo USA Electronic Graphic Inc.

                        B662

                        Quanzhou Allen Light Industry Co., Ltd.

                        B663

                        Quanzhou Chuangli Craft Co., Ltd.

                        B664

                        Quanzhou Dehua Fangsheng Arts Co., Ltd.

                        B665

                        Quanzhou Haofu Gifts Co., Ltd.

                        B666

                        Quanzhou Hongsheng Group Corporation

                        B667

                        Quanzhou Jianwen Craft Co., Ltd.

                        B668

                        Quanzhou Kunda Gifts Co., Ltd.

                        B669

                        Quanzhou Yongchun Shengyi Ceramics Co., Ltd.

                        B670

                        Raoping Bright Future Porcelain Factory (‘RBF’)

                        B671

                        Raoping Sanrao Yicheng Porcelain Factory

                        B672

                        Raoping Sanyi Industrial Co., Ltd.

                        B673

                        Raoping Suifeng Ceramics and Glass Factory

                        B674

                        Raoping Xinfeng Yangda Colour Porcelain FTY

                        B675

                        Red Star Ceramics Limited

                        B676

                        Rong Lin Wah Industrial (Shenzhen) Co., Ltd.

                        B677

                        Shandong Futai Ceramics Co., Ltd.

                        B679

                        Shandong Gaode Hongye Ceramics Co., Ltd.

                        B680

                        Shandong Kunlun Ceramic Co., Ltd.

                        B681

                        Shandong Zhaoding Porcelain Co., Ltd.

                        B682

                        Shantou Ceramics Industry Supply & Marketing Corp.

                        B683

                        Sheng Hua Ceramics Co., Ltd.

                        B684

                        Shenzhen Baoshengfeng Imp. & Exp. Co., Ltd.

                        B685

                        Shenzhen Bright Future Industry Co., Ltd. (‘SBF’)

                        B686

                        Shenzhen Ehome Enterprise Ltd

                        B688

                        Shenzhen Ever Nice Industry Co., Ltd.

                        B689

                        Shenzhen Fuliyuan Porcelain Co., Ltd.

                        B690

                        Shenzhen Full Amass Ind. Dev. Co. Ltd

                        B691

                        Shenzhen Gottawa Industrial Ltd.

                        B694

                        Shenzhen Hiker Housewares Ltd.

                        B695

                        Shenzhen Hua Mei Industry Development Ltd

                        B696

                        Shenzhen Mingsheng Ceramic Ltd.

                        B697

                        Shenzhen Senyi Porcelain Industry Co. Ltd.

                        B698

                        Shenzhen SMF Investment Co., Ltd

                        B699

                        Shenzhen Tao Hui Industrial Co., Ltd.

                        B700

                        Shenzhen Topchoice Industries Limited

                        B701

                        Shenzhen Trueland Industrial Co., Ltd.

                        B702

                        Shenzhen Universal Industrial Co., Ltd.

                        B703

                        Shenzhen Zhan Peng Xiang Industrial Co., Ltd.

                        B704

                        Shijiazhuang Kuangqu Huakang Porcelain Co., Ltd.

                        B705

                        Shun Sheng Da Group Co., Ltd. Quanzhou Fujian

                        B706

                        Stechcol Ceramic Crafts Development (Shenzhen) Co., Ltd.

                        B707

                        Taiyu Ceramic Co., Ltd. Liling Hunan China

                        B708

                        Tangshan Beifangcidu Ceramic Group Co., Ltd.

                        B709

                        Tangshan Boyu Osseous Ceramic Co., Ltd.

                        B710

                        Tangshan Chinawares Trading Co., Ltd

                        B711

                        Tangshan Golden Ceramic Co., Ltd.

                        B713

                        Tangshan Haigelei Fine Bone Porcelain Co., Ltd.

                        B714

                        Tangshan Hengrui Porcelain Industry Co., Ltd.

                        B715

                        Tangshan Huamei Porcelain Co., Ltd.

                        B716

                        Tangshan Huaxincheng Ceramic Products Co., Ltd.

                        B717

                        Tangshan Huyuan Bone China Co., Ltd.

                        B718

                        Tangshan Imperial-Hero Ceramics Co., Ltd.

                        B719

                        Tangshan Jinfangyuan Bone China Manufacturing Co., Ltd.

                        B720

                        Tangshan Keyhandle Ceramic Co., Ltd.

                        B721

                        Tangshan Longchang Ceramics Co., Ltd.

                        B722

                        Tangshan Masterwell Ceramic Co., Ltd.

                        B723

                        Tangshan Shiyu Commerce Co., Ltd.

                        B725

                        Tangshan Xueyan Industrial Co., Ltd.

                        B726

                        Tangshan Yida Industrial Corp.

                        B727

                        Tao Yuan Porcelain Factory

                        B728

                        Teammann Co., Ltd.

                        B729

                        The China & Hong Kong Resources Co., Ltd.

                        B730

                        The Great Wall of Culture Group Holding Co., Ltd Guangdong

                        B731

                        Tienshan (Handan) Tableware Co., Ltd. (‘Tienshan’)

                        B732

                        Topking Industry (China) Ltd.

                        B733

                        Weijian Ceramic Industrial Co., Ltd.

                        B734

                        Weiye Ceramics Co., Ltd.

                        B735

                        Winpat Industrial Co., Ltd.

                        B736

                        Xiamen Acrobat Splendor Ceramics Co., Ltd.

                        B737

                        Xiamen Johnchina Fine Polishing Tech Co., Ltd.

                        B738

                        Xiangqiang Ceramic Manufacturing Co., Ltd. Liling City Hunan

                        B739

                        Xin Xing Xian XinJiang Pottery Co., Ltd.

                        B740

                        Xinhua County Huayang Porcelain Co., Ltd.

                        B741

                        Yangjiang Shi Ba Zi Kitchen Ware Manufacturing Co., Ltd.

                        B743

                        Yanling Hongyi Import N Export Trade Co., Ltd.

                        B744

                        Ying-Hai (Shenzhen) Industry Dev. Co., Ltd.

                        B745

                        Yiyang Red Star Ceramics Ltd.

                        B746

                        China Yong Feng Yuan Co., Ltd.

                        B747

                        Yongchun Dahui Crafts Co., Ltd.

                        B748

                        Yu Yuan Ceramics Co., Ltd.

                        B749

                        Yuzhou City Kongjia Porcelain Co., Ltd.

                        B750

                        Zeal Ceramics Development Co., Ltd, Shenzhen, China

                        B753

                        Zhangjiakou Xuanhua Yici Ceramics Co., Ltd. (‘Xuanhua Yici’)

                        B754

                        Zhejiang Nansong Ceramics Co., Ltd.

                        B755

                        Zibo Boshan Shantou Ceramic Factory

                        B756

                        Zibo CAC Chinaware Co., Ltd.

                        B757

                        Zibo Fortune Light Industrial Products Co., Ltd.

                        B758

                        Zibo GaoDe Ceramic Technology & Development Co., Ltd.

                        B760

                        Zibo Hongda Ceramics Co., Ltd.

                        B761

                        Zibo Jinxin Light Industrial Products Co., Ltd.

                        B762

                        Zibo Kunyang Ceramic Corporation Limited

                        B763

                        Liling Xinyi Ceramics Industry Ltd.

                        B957

                        Gemmi (Shantou) Industrial Co., Ltd.

                        B958

                        Jing He Ceramics Co., Ltd

                        B959

                        Fujian Dehua Huamao Ceramics Co., Ltd

                        C303

                        Fujian Dehua Jiawei Ceramics Co., Ltd

                        C304

                        Fujian Dehua New Qili Arts Co., Ltd

                        C305

                        Quanzhou Dehua Hengfeng Ceramics Co., Ltd

                        C306

                        Fujian Dehua Sanfeng Ceramics Co. Ltd

                        C485

            ANNEX 2

               Manufacturer declaration for direct export sale

            A declaration signed by an official of the manufacturer, in the following format, must appear on the valid commercial invoice referred to in Article 1(6)(a):

                        (1)

                        The name and function of the official of the manufacturer.

                        (2)

                        The following declaration: ‘I, the undersigned, certify that the (volume in kg) of ceramic tableware and kitchenware 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.’

                        (3)

                        Date and signature.

            ANNEX 3

               Manufacturer declaration for indirect export sale

            A declaration of the Chinese manufacturer, signed by an official of the manufacturer issuing the invoice for this transaction to the trader, in the following format, must appear on the commercial invoice of the manufacturer to the trader referred to in Article 1(6)(b):

                        (1)

                        The name and function of the official of the manufacturer.

                        (2)

                        The following declaration: ‘I, the undersigned, certify that the (volume in kg) of the tableware and kitchenware sold to the trader (name of the trader) (country of the trader), covered by this invoice, was manufactured by our company (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.’

                        (3)

                        Date and signature.