title: Commission Implementing Regulation (EU) 2015/865 of 4 June 2015 imposing a definitive anti-dumping duty on imports of certain pre- and post-stressing wires and wire strands of non-alloy steel (PSC wires and strands) originating in the People's Republic of China following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009

text:
               5.6.2015

               EN

               Official Journal of the European Union

               L 139/12

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/865
   of 4 June 2015
   imposing a definitive anti-dumping duty on imports of certain pre- and post-stressing wires and wire strands of non-alloy steel (PSC wires and strands) originating in the People's Republic of China following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’), and in particular Article 11(2) thereof,
   Whereas:
   A.   PROCEDURE

   1.   Measures in force

               (1)

               Following an anti-dumping investigation (‘the original investigation’), the Council imposed by means of Council Regulation (EC) No 383/2009 (2) as last amended by Implementing Regulation (EU) No 986/2012 (3), a definitive anti-dumping duty on imports of certain pre- and post-stressing wires and wire strands of non-alloy steel (PSC wires and strands) originating in the People's Republic of China (‘China’).

               (2)

               The measures took the form of an ad valorem duty rate of 46,2 %, with the exception of Kiswire Qingdao, Ltd (0 %) as well as Ossen Innovation Materials Co. Joint Stock Company Ltd and Ossen Jiujiang Steel Wire Cable Co. Ltd (both 31,1 %).

         2.   Request for an expiry review

               (3)

               Following the publication of a notice of impending expiry (4) of the anti-dumping measures in force, the Commission received on 7 February 2014 a request for the initiation of an expiry review of these measures pursuant to Article 11(2) of the basic Regulation.

               (4)

               The request was lodged by the European Stress Information Service (‘ESIS’) (‘the applicant’) on behalf of producers representing more than 25 % of the total Union production of certain PSC wires and strands.

               (5)

               The request was based on the grounds that the expiry of the measures would be likely to result in recurrence of dumping and injury to the Union industry.

         3.   Initiation of an expiry review

               (6)

               Having determined, after consulting the Committee established by Article 15(1) of the basic Regulation, that sufficient evidence existed for the initiation of an expiry review, the Commission announced on 8 May 2014, by a notice published in the Official Journal of the European Union
                   (5) (‘Notice of initiation’), the initiation of an expiry review pursuant to Article 11(2) of the basic Regulation.

         4.   Relevant periods covered by the expiry review investigation

               (7)

               The investigation of the likelihood of continuation or recurrence of dumping and injury covered the period from 1 April 2013 to 31 March 2014 (the ‘review investigation period’ or ‘RIP’). The examination of the trends relevant for the assessment of the likelihood of a continuation or recurrence of injury covered the period from 1 January 2010 to the end of the review investigation period (the ‘period considered’).

         5.   Parties concerned by the investigation and sampling

               (8)

               The Commission officially advised the applicant, Union producers, exporting producers in China, importers and users in the Union known to be concerned and the representatives of China of the initiation of the expiry review. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set out in the Notice of initiation.

               (9)

               In view of the apparent large number of exporting producers in China and unrelated importers in the Union, the Commission stated in the Notice of initiation that it might sample those interested parties in accordance with Article 17 of the basic Regulation.

               (10)

               In its Notice of initiation, the Commission announced that it had provisionally selected a sample of Union producers. The Commission selected the sample on the basis of the production of the like product. This sample consisted of five Union producers. The sampled Union producers accounted for 64 % of the total production of the Union industry in the review investigation period. The Commission invited interested parties to comment on the provisional sample but did not receive any comment. The provisional sample was therefore confirmed and is considered representative of the Union industry.

               (11)

               In order to enable the Commission to decide whether sampling would be necessary in respect of the exporting producers in China and of the unrelated importers in the Union, those parties were requested to make themselves known and to provide the Commission with the information requested in the Notice of initiation. However, as none of these parties came forward, sampling was not necessary for exporting producers and unrelated importers.

         6.   Questionnaires and verification

               (12)

               The Commission sought and verified all the information deemed necessary for the determination of the likelihood of continuation or recurrence of dumping, likelihood of continuation or recurrence of injury, and of the Union interest.

               (13)

               To this end, the Commission sent questionnaires to all parties known to be concerned and to all other parties that so requested within the deadlines set out in the Notice of initiation, namely known exporting producers in China, known producers in eight market economy third countries for which there are indications that production of the like product is taking place, sampled Union producers and known users in the Union.

               (14)

               Questionnaire replies were received from the five sampled Union producers and 12 additional producers. One questionnaire reply was received from a user. Eleven users and three suppliers made written submissions. No Chinese exporting producer replied to the questionnaire. Three questionnaire replies were received from producers in market economy third countries.

               (15)

               Verification visits were carried out at the premises of the following companies:

                           (a)

                           sampled Union producers:

                                       —

                                       CB Trafilati Acciai, Tezze sul Breta, Italy,

                                       —

                                       D&D Drótáru Ipari és Kereskedelmi, Miskolc, Hungary,

                                       —

                                       DWK Drahtwerk GmbH, Köln, Germany,

                                       —

                                       Nedri Spanstaal BV, Venlo, Netherlands,

                                       —

                                       Trenzas y Cables de Acero PSC, Santander, Spain;

                           (b)

                           producer in the market economy third country:

                                       —

                                       Scaw South Africa (Pty) Limited, Germiston, South Africa.

         B.   PRODUCT CONCERNED AND LIKE PRODUCT

   1.   Product concerned

               (16)

               The product concerned is not plated or not coated wire of non-alloy steel, wire of non-alloy steel plated or coated with zinc and stranded wire of non-alloy steel whether or not plated or coated with not more than 18 wires, containing by weight 0,6 % or more of carbon, with a maximum cross-sectional dimension exceeding 3 mm, currently falling within CN codes ex 7217 10 90, ex 7217 20 90, ex 7312 10 61, ex 7312 10 65 and ex 7312 10 69 and originating in China. Galvanised (but not with any further coating material) seven wire strands in which the diameter of the central wire is identical to or less than 3 % greater than the diameter of any of the six other wires are not covered by the measures currently in force and are not subject to this review.

               (17)

               The product concerned is mostly used as a concrete reinforcement by the construction industry but can also be found in suspension elements and in stay cable bridges. It is produced from high carbon steel wire rods which are cleaned, drawn, heated and — in case of strands — wound together helicoidally to achieve specific characteristics of diameter, resistance and stability.

         2.   Like product

               (18)

               The review investigation confirmed that the PSC wires and strands produced and sold by the Union industry in the Union, those produced and sold on the domestic market in South Africa, which served as an analogue country, and those produced in China and potentially sold to the Union have essentially the same basic physical and technical characteristics and the same basic use.

               (19)

               Therefore these products are considered to be like products within the meaning of Article 1(4) of the basic Regulation.

         C.   LIKELIHOOD OF CONTINUATION OR RECURRENCE OF DUMPING

   1.   Preliminary remarks

               (20)

               In accordance with Article 11(2) of the basic Regulation, the Commission examined whether the expiry of the existing measures would be likely to lead to a continuation or recurrence of dumping from China.

               (21)

               China exported negligible quantities of the product concerned during the review investigation period. Therefore, there is no likelihood of continuation of dumping for China. The assessment was limited to the likelihood of recurrence of dumping using export prices to other third countries.

               (22)

               As stated in recital 14 above, the Commission received no reply from Chinese exporting producers. Thus, in the absence of cooperation from exporting producers in China, the overall analysis, including the dumping calculation, is based on facts available pursuant to Article 18 of the basic Regulation. The Chinese authorities were accordingly informed of the Commission's intention to apply Article 18 of the basic Regulation and to base its findings on facts available.

               (23)

               Therefore, the likelihood of recurrence of dumping was assessed by using the information in the expiry review request, combined with other sources of information such as trade statistics on imports and exports (Eurostat, Chinese and other third country statistics) and industry reports.

         2.   Analogue country

               (24)

               In accordance with Article 2(7)(a) of the basic Regulation China is not considered a market economy country. In the original investigation Turkey was used as a market economy third country for the purpose of establishing the normal value (‘analogue country’).

               (25)

               In the Notice of initiation the Commission: (i) envisaged using Turkey again as an analogue country in this expiry review, as suggested by the applicant; (ii) identified other market economy third countries exporting PSC wires and strands to the Union that is Brazil, India, Russia, South Africa, South Korea, and Thailand. These countries had the highest levels of imports of PSC wires and strands to the Union in 2013 (based on Eurostat data).

               (26)

               The Commission examined whether there is production and sales of PSC wires and strands in those market economy third countries for which there are indications that production of PSC wires and strands is taking place. The Commission contacted producers and their industry associations in seven steel producing countries referred to in the Notice of initiation and in the USA.

               (27)

               The Commission received questionnaire replies from producers in India, South Africa and Turkey. The applicant has submitted an objection to use India as analogue country claiming that its domestic market is distorted by government subsidies which benefit steel industry. The Commission did not receive comments from other interested parties.

               (28)

               The Commission concluded that South Africa was the most appropriate analogue country in the present review based on the following elements:

                           —

                           full coverage of the product types of the product concerned,

                           —

                           existence of the same quality standards for basic physical and technical characteristics as on the Union market,

                           —

                           quality and completeness of the data submitted in the replies to the questionnaire,

                           —

                           existence of a sufficient level of competition on the domestic market,

                           —

                           sufficient size of the cooperating producer's domestic sales.

         3.   Likely dumping during the review investigation period

   3.1.   Determination of the normal value

               (29)

               The information received from the cooperating producer in the analogue country was used as a basis for the determination of the normal value for China, pursuant to Article 2(7)(a) of the basic Regulation.

               (30)

               The Commission first examined whether the total volume of domestic sales of the cooperating producer in the analogue country was representative. The domestic sales of the like product to independent customers represented at least 5 % of total export sales volume of PSC wires and strands to third countries used in the dumping calculation during the review investigation period. On this basis, the total domestic sales of the like product of the cooperating producer of the like product on the domestic market in the analogue country were representative.

               (31)

               The Commission subsequently identified the product types sold domestically that were identical or comparable with the product types sold for export to the third countries used in the dumping calculation.

               (32)

               The Commission next defined the proportion of profitable sales to independent customers on the domestic market for each product type during the review investigation period in order to decide whether to use actual domestic sales for the calculation of the normal value, in accordance with Article 2(4) of the basic Regulation.

               (33)

               The normal value is based on the actual domestic price per product type, irrespective of whether those sales are profitable or not, if:

                           (a)

                           the sales volume of the product type, sold at a net sales price equal to or above the calculated cost of production, represented more than 80 % of the total sales volume of this product type; and

                           (b)

                           the weighted average sales price of that product type is equal to or higher than the unit cost of production.

               (34)

               In this case, the normal value is the weighted average of the prices of all domestic sales of that product type during the review investigation period.

               (35)

               The normal value is the actual domestic price per product type of only the profitable domestic sales of the product types during the review investigation period, if:

                           (a)

                           the volume of profitable sales of the product type represents 80 % or less of the total sales volume of this type; or

                           (b)

                           the weighted average price of this product type is below the unit cost of production.

               (36)

               For one product type, where no domestic sales were found on the domestic market of the analogue country, the normal value has been constructed by adding to the weighted average of the manufacturing cost of the like product a certain amount for selling, for general and administrative costs and for profit, in accordance with Article 2(3) of the basic Regulation.

               (37)

               Pursuant to Article 2(6) of the basic Regulation, this amount was based on actual data pertaining to production and sales, in the ordinary course of trade, of the like product, by the cooperating producer in the analogue country.

         3.2.   Determination of the likely export price

               (38)

               In the absence of cooperation of any Chinese exporting producer, the export prices had to be based on facts available, in accordance with Article 18 of the basic Regulation.

               (39)

               The Commission analysed the statistics from Eurostat. The imported quantities of the product imported from China were very limited and, thus, their prices were considered unrepresentative.

               (40)

               The Commission analysed the Chinese trade statistics. These statistics classified the product concerned under HS codes which included other products of significantly higher value such as stainless steel products and steel wire ropes. The Commission therefore considered that the Chinese trade statistics could not be used in order to establish the likely export price of the product concerned.

               (41)

               The Commission selected the largest country destinations of the Chinese exports made under the HS codes including the product concerned (Brazil, Japan, Malaysia, South Korea, the USA, and Vietnam). The Commission further examined whether the import statistics of these countries enabled to identify PSC wires and strands as the product concerned and showed that such PSC wires and strands had been imported in significant volumes. As only the trade statistics of some of these countries met these two criteria, the likely export price was established on the basis of such trade statistics on imports from China.

         3.3.   Comparison

               (42)

               The comparison between the normal value and the likely export price was made on an FOB China basis.

               (43)

               In order to ensure a fair comparison account was taken of differences which affect price comparability in accordance with Article 2(10) of the basic Regulation. Allowances for differences in transport costs, insurance costs, non-refundable VAT, export costs, rebates and discount were made where applicable.

         3.4.   Likely dumping during the review investigation period

               (44)

               On the basis of the above, the likely dumping margin within the meaning of Article 11(2) of the basic Regulation was 27,2 %.

         4.   Development of exports should measures be repealed

   4.1.   Production capacity of the exporting producers

               (45)

               In the absence of cooperation from any Chinese exporting producer, the following sources have been used:

                           —

                           information provided by the applicant,

                           —

                           publicly-available publications,

                           —

                           information collected in the original investigation.

               (46)

               The Chinese steel industry is known as being by far the biggest in the world. According to information provided by the applicant, China had an annual output of between 2,5 and 3 million tonnes for PSC wires and strands in 2013 and an estimated capacity of between 4 and 5 million tonnes. Out of this production between 1 and 1,5 million tonnes were exported to third countries and between 1 and 2 million tonnes were sold on the domestic market. Imports of PSC wires and strands into China were negligible. Unused spare production capacity in China (that is between 1,5 and 2 million tonnes) is at least 3 times the size of the Union market.

               (47)

               The applicant estimated itself that the production capacity of PSC wires and strands in China exceeds by far 11 million tonnes per year. With domestic and export sales between 6 and 7 million tonnes per year the total spare capacity would then exceed 4 million tonnes.

               (48)

               In this regard, before the measures were imposed, imports from China increased seven-fold within 3 years, reaching close to 87 000 tonnes (that is 8,2 % of the consumption during the original investigation but 17 % of the consumption of the Union market in the review investigation period).

               (49)

               Thus, should measures be repealed, there is a substantial risk that Chinese exporting producers will sell significant quantities of PSC wires and strands to the Union market.

         4.2.   Attractiveness of the Union market

               (50)

               In the absence of cooperation from any Chinese exporting producer, findings are based on facts available. The assessment of the risk for trade diversion to the Union market should measures be repealed is based on publicly available sources.

               (51)

               The Union market is substantial and was worth an estimated 365 million EURO in the review investigation period. In addition, compared to the Union industry's average sales price, the level of undercutting by Chinese exports to the relevant third countries referred to in recital 41 was established by this investigation at 47 %. These price differentials certainly show the attractiveness of the Union market and the ability of the Chinese to compete by price should measures be repealed.

               (52)

               Following disclosure the interested parties provided elements that, in addition to the prices on the Union market, demonstrate the attractiveness of the Union market. These include:

                           —

                           transparent and predictable tendering procedures,

                           —

                           favourable terms of payment,

                           —

                           large-scale customers consuming large quantities of PSC wires and strands,

                           —

                           recovery of the construction sector in some Member States.

                     These elements show that price is not the only element making the Union an attractive market for Chinese exporters.

               (53)

               In light of the above, the Commission concluded that there is a significant risk of trade diversion from less attractive third countries to the Union market should measures be repealed.

         5.   Conclusion on the likelihood of recurrence of dumping

               (54)

               The available spare capacity in China and the attractiveness of the Union market lead to the conclusion that there is a risk of significant increase in Chinese dumped exports of the product concerned should the measures in force be allowed to lapse.

         D.   DEFINITION OF THE UNION INDUSTRY

               (55)

               The like product was manufactured by 21 Union producers during the period considered. These 21 companies constitute the ‘Union industry’ within the meaning of Article 4(1) of the basic Regulation.

         E.   SITUATION ON THE UNION MARKET

   1.   Union consumption

               (56)

               The Commission established the Union consumption by adding the Union industry's sales on the Union market to the imports from China and other third countries using Eurostat data at TARIC (integrated tariff of the European Union) code level.

               (57)

               On this basis, Union consumption developed as follows:

                  Table 1

                  Union consumption

                           2010

                           2011

                           2012

                           2013

                           RIP

                           Total Union consumption (tonnes)

                           564 973

                           561 342

                           504 591

                           508 226

                           497 708

                              Index

                              100

                              99

                              89

                              90

                              88

                              Source: Eurostat and questionnaire replies.

               (58)

               Union consumption declined by 12 % over the period considered. This contraction of demand occurred mainly in 2011-2012 and reflects a general trend across the construction sector in the aftermath of the financial crisis.

         2.   Imports from the country concerned

   2.1.   Volume and market share of imports from the country concerned

               (59)

               The volume and market share of imports from China were established on the basis of Eurostat data.

               (60)

               The import volume into the Union from the country concerned and market share developed as follows:

                  Table 2

                  Import volume and market share of China

                           Country

                           2010

                           2011

                           2012

                           2013

                           RIP

                           China

                           Volume (tonnes)

                           676

                           5

                           503

                           76

                           99

                              Index

                              100

                              1

                              74

                              11

                              15

                           Market share

                           0,1 %

                           0,0 %

                           0,1 %

                           0,0 %

                           0,0 %

                              Source: Eurostat (TARIC).

               (61)

               The imposition of anti-dumping measures almost stopped Chinese imports. Over the period considered, imports from China were very low, decreasing from 676 tonnes in 2010 (0,1 % of the Union market) to 99 tonnes during the review investigation period.

         2.2.   Prices of imports from the country concerned

               (62)

               The very few sales of the product concerned from China to the Union during the review investigation period could not be used to draw any meaningful conclusion.

               (63)

               As it was not possible to use the Chinese trade statistics concerning Chinese exports to other markets (see recital 40 above), the likely export price was established on the basis of certain third countries trade statistics concerning imports of PSC wires and strands from China (see recital 41 above).

               (64)

               A comparison was made between the prices of the like product produced and sold by the Union industry and the prices of PSC wires and strands produced in China sold to certain third countries, adjusted to CIF at Union frontier level.

               (65)

               The price comparison showed a significant likely undercutting margin of 47 %.

         3.   Imports from other third countries not subject to measures

               (66)

               The volume, market share and prices of imports from other third countries developed as follows:

                  Table 3

                  Import volume and market share of other third countries

                           Country

                           2010

                           2011

                           2012

                           2013

                           RIP

                           Thailand

                           Volume (tonnes)

                           11 454

                           12 889

                           11 371

                           8 061

                           6 416

                              Index

                              100

                              113

                              99

                              70

                              56

                           Market share

                           2,0 %

                           2,3 %

                           2,3 %

                           1,6 %

                           1,3 %

                           South Africa

                           Volume (tonnes)

                           1 681

                           561

                           1 727

                           6 682

                           6 463

                              Index

                              100

                              33

                              103

                              397

                              384

                           Market share

                           0,3 %

                           0,1 %

                           0,3 %

                           1,3 %

                           1,3 %

                           Others

                           Volume (tonnes)

                           12 981

                           15 867

                           16 690

                           12 036

                           10 911

                              Index

                              100

                              122

                              129

                              93

                              84

                           Market share

                           2,3 %

                           2,8 %

                           3,3 %

                           2,4 %

                           2,2 %

                           All third countries (except China)

                           Volume (tonnes)

                           26 112

                           29 316

                           29 788

                           26 779

                           23 790

                              Index

                              100

                              112

                              114

                              103

                              91

                           Market share

                           4,6 %

                           5,2 %

                           5,9 %

                           5,3 %

                           4,8 %

                              Source: Eurostat (TARIC).

               (67)

               Imports from other third countries except China held a relatively stable market share between 4,6 % and 5,9 % during the period considered. More than half of these imports came from Thailand and South Africa. Other exporting countries included India, Russia and Ukraine.

         4.   Economic situation of the Union industry

               (68)

               In accordance with Article 3(5) of the basic Regulation, the Commission examined all economic factors and indices having a bearing on the state of the Union industry.

         4.1.   Macroeconomic indicators

   4.1.1.   Production, production capacity and capacity utilisation

               (69)

               The total Union production, production capacity and capacity utilisation developed over the period considered as follows:

                  Table 4

                  Production, production capacity and capacity utilisation

                           2010

                           2011

                           2012

                           2013

                           RIP

                           Production volume (tonnes)

                           687 576

                           657 933

                           609 099

                           615 466

                           602 692

                              Index

                              100

                              96

                              89

                              90

                              88

                           Production capacity

                           1 047 810

                           1 043 810

                           922 270

                           934 170

                           858 170

                              Index

                              100

                              100

                              88

                              89

                              82

                           Capacity utilisation

                           66 %

                           63 %

                           66 %

                           66 %

                           70 %

                              Index

                              100

                              96

                              101

                              100

                              107

                              Source: Questionnaire replies (all producers).

               (70)

               The Union production declined by 12 % over the period considered. Due to the stability of the market share of the Union industry, the production followed closely the evolution of the consumption of the product concerned in the Union market.

               (71)

               The Union industry reacted to this contraction of the volumes of production by pursuing a significant effort of restructuring. The restructuring led to a reduction of 18 % of the production capacity over the period considered, which exceeded the reduction in demand.

               (72)

               As a result, the capacity utilisation improved from 66 % to 70 % during the period considered. It nevertheless remained below its optimum levels, which suggests the persistence of excess capacity in the Union industry.

         4.1.2.   Sales volume and market share

               (73)

               The Union industry's sales volume and market share in the Union developed over the period considered as follows:

                  Table 5

                  Sales volume and market share

                           2010

                           2011

                           2012

                           2013

                           RIP

                           Sales volume on the Union market (tonnes)

                           538 185

                           532 021

                           474 300

                           481 370

                           473 819

                              Index

                              100

                              99

                              88

                              89

                              88

                           Market share

                           95,3 %

                           94,8 %

                           94,0 %

                           94,7 %

                           95,2 %

                              Index

                              100

                              99

                              99

                              99

                              100

                              Source: Questionnaire replies (all producers).

               (74)

               Sales volume of the like product by the Union industry declined 12 % over the period considered in line with the evolution of the Union consumption.

               (75)

               The market share of the Union industry remained broadly stable over the period considered. The average price of the Union industry was 10 % below the average price of the imports from third countries in the last 3 years of the period under review and broadly equivalent before.

         4.1.3.   Growth

               (76)

               The sales volume of the Union industry declined in the same proportion as the Union consumption, which translated into a stable market share of 95,2 %.

         4.1.4.   Employment and productivity

               (77)

               Employment and productivity developed over the period considered as follows:

                  Table 6

                  Employment and productivity

                           2010

                           2011

                           2012

                           2013

                           RIP

                           Number of employees

                           1 580

                           1 544

                           1 435

                           1 405

                           1 267

                              Index

                              100

                              98

                              91

                              89

                              80

                           Productivity (tonne/employee)

                           435

                           426

                           424

                           438

                           476

                              Index

                              100

                              98

                              98

                              101

                              109

                              Source: Questionnaire replies (all producers).

               (78)

               As a consequence of the restructuring of the industry, employment of the Union industry decreased significantly during the period considered, moving from 1 580 employees in 2010 to 1 267 employees in the review investigation period.

               (79)

               Productivity increased by 9 % over the period considered. This was due to a fastest decline of employment than Union production.

         4.2.   Microeconomic indicators

   4.2.1.   Prices and factors affecting prices

               (80)

               The average sales prices of the Union industry to unrelated customers in the Union developed over the period considered as follows:

                  Table 7

                  Average sales prices in the Union

                           2010

                           2011

                           2012

                           2013

                           RIP

                           Average unit selling price in the Union (EUR/tonne)

                           767

                           822

                           782

                           741

                           726

                              Index

                              100

                              107

                              102

                              97

                              95

                           Unit cost of production (EUR/tonne)

                           784

                           834

                           789

                           741

                           726

                              Index

                              100

                              106

                              101

                              95

                              93

                              Source: Questionnaire replies (sampled producers).

               (81)

               The Union industry's average unit selling price to unrelated customers in the Union decreased by 5 % over the period considered. The increase between 2010 and 2011 and subsequent decrease in the following year primarily reflected the increased cost of the raw material. The decline in price which followed is more related to the price pressure resulting from the combined effect of the depression of the Union consumption and the existence of excess capacity in the Union industry.

               (82)

               Unit cost of production decreased by 7 % over the period considered. As mentioned above, the increase observed in the first 2 years resulted from an increase of the cost of raw material. Due to significant efforts of restructuring, improvement of capacity utilisation and productivity, the industry managed to balance costs of production and average sales price in the review investigation period.

         4.2.2.   Labour costs

               (83)

               The average labour costs of the Union industry developed over the period considered as follows:

                  Table 8

                  Average labour cost per employee

                           2010

                           2011

                           2012

                           2013

                           RIP

                           Average wages per employee (EUR)

                           41 351

                           43 035

                           44 440

                           43 429

                           43 942

                              Index

                              100

                              104

                              107

                              105

                              106

                              Source: Questionnaire replies (sampled producers).

               (84)

               The average labour costs per employee raised by 6 %. Beyond the effect of inflation, this is mainly indicative of the concentration of job losses in countries with low salary costs and of the efforts made to improve productivity.

         4.2.3.   Inventories

               (85)

               Stock levels of the Union industry developed over the period considered as follows:

                  Table 9

                  Inventories

                           2010

                           2011

                           2012

                           2013

                           RIP

                           Closing stocks (tonnes)

                           16 885

                           15 314

                           17 596

                           16 073

                           17 352

                              Index

                              100

                              91

                              115

                              91

                              108

                           Closing stocks as a percentage of production

                           2,5 %

                           2,3 %

                           2,9 %

                           2,6 %

                           2,9 %

                              Index

                              100

                              95

                              118

                              106

                              117

                              Source: Questionnaire replies (sampled producers).

               (86)

               Overall closing stocks increased by 8 % over the period considered. However, closing stocks as a percentage of production remained at a stable and low percentage of the Union production.

         4.2.4.   Profitability, cash flow, investments, return on investments and ability to raise capital

               (87)

               Profitability, cash flow, investments and return on investments of the Union industry developed over the period considered as follows:

                  Table 10

                  Profitability, cash flow, investments and return on investments

                           2010

                           2011

                           2012

                           2013

                           RIP

                           Profitability of sales in the Union to unrelated customers (% of sales turnover)

                           – 3,2 %

                           – 2,7 %

                           – 1,5 %

                           – 0,8 %

                           – 0,5 %

                              Index

                              100

                              116

                              153

                              174

                              183

                           Cash flow (EUR)

                           – 3,1 %

                           – 1,3 %

                           0,3 %

                           1,5 %

                           0,6 %

                              Index

                              100

                              158

                              211

                              248

                              221

                           Investments (EUR)

                           3 204 173

                           1 851 350

                           1 300 200

                           1 464 117

                           1 673 643

                              Index

                              100

                              58

                              41

                              46

                              52

                           Return on investments

                           – 13 %

                           – 16 %

                           – 9 %

                           – 8 %

                           – 6 %

                              Index

                              100

                              82

                              130

                              141

                              153

                              Source: Questionnaire replies (sampled producers).

               (88)

               The Commission established the profitability of the Union industry by expressing the pre-tax net profit of the sales of the like product to unrelated customers in the Union as a percentage of the turnover of those sales. Overall the profitability of the sampled producers improved during the period considered from a very low base of – 3,2 % to reach a break-even point in the review investigation period.

               (89)

               The net cash flow is the Union industry's ability to finance their activities. The net cash flow showed the same trend as profitability that is a continuous improvement over the period considered, with a marked improvement in the last three periods until the review investigation period.

               (90)

               The investments decreased by 48 % over the period considered. They mainly represented the investments necessary for maintenance.

               (91)

               As with the other financial indicators, the return on investment from the production and sale of the like product was negative but improved since 2011. The difference in percentage terms with the other financial indicators express the low capital intensity of the Union industry and the decrease in net assets due to the limited level of investments.

               (92)

               In an economic context characterised by a restricted access to financing, especially for industries related to the construction sector, and taking into account the financial situation of the Union Industry, its ability to raise new capital was extremely limited.

         4.2.5.   Magnitude of the dumping margin

               (93)

               The investigation established a likelihood of recurrence of dumping at significant margins. Therefore, the magnitude cannot be considered to be negligible.

         4.2.6.   Recovery from past dumping

               (94)

               The macro-indicators examined above show that, although the anti-dumping measures have partially achieved their intended result of removing injury suffered by the Union producers, the industry is still very fragile and vulnerable. Indeed, over the period considered the production volume decreased by 12 %, sales volume to unrelated customers in the EU decreased by 12 % and employment decreased by 20 %. Throughout the period considered, Union industry was loss-making. Thus, no full recovery from the past dumping could be established and the Commission considers that the Union industry remains very vulnerable to the injurious effects of any dumped imports in the Union market.

         5.   Conclusion on injury

               (95)

               The main injury indicators showed a negative trend, related to the impact of the crisis experienced in the construction sector. Thus, consumption, production volume and sales declined by 12 % over the period considered.

               (96)

               However, the measures have been effective in helping the Union industry to weather this crisis and undertake a significant effort of restructuring materialised by a reduction of production capacity and workforce.

               (97)

               Signs of improvement have emerged in the last years of the period considered where an increase of productivity and capacity utilisation can be observed. Furthermore, costs of production have been brought close to the average sales price.

               (98)

               Nevertheless, the situation of the Union industry remains fragile. While most financial indicators have improved, they have not reached a sustainable level. Consumption and prices remain depressed and there are sign of persisting overcapacity in the Union.

               (99)

               The anti-dumping measures have partially achieved their objective by removing some of the injury suffered by the Union industry as a consequence of dumped imports from China. While financial indicators such as profitability and return on investment have improved throughout the period considered, they remain negative. Cash flow has also improved and became slightly positive. Therefore it is clear that the Union industry has not yet fully recovered from the effects of past dumping and is still in a fragile situation, thus very vulnerable to any recurrence of dumped imports.

               (100)

               Even if the fragile situation of the Union industry was qualified as a material injury, this cannot be attributed to the imports from China representing a market share of less than 1 % on the Union market. In the absence of price pressure from China, the Union industry has been able to maintain their market share and reduce their losses.

         F.   LIKELIHOOD OF RECURRENCE OF INJURY

   1.   Preliminary remark

               (101)

               The situation of the Union industry has improved but remains fragile. During the whole period considered, the volume of Chinese imports was negligible. At the same time, as outlined in recitals 20 to 54 above, the investigation has shown that there was a likelihood of recurrence of dumping should the measures be allowed to lapse.

         2.   Impact of the projected volume of imports from China and price effects in case of repeal of measures

               (102)

               The Commission assessed the likelihood of recurrence of injury if the measures currently in force were allowed to lapse, namely the potential impact of the Chinese imports on the Union market and on the Union industry, pursuant to Article 11(2) of the basic Regulation.

               (103)

               This analysis focussed on the spare capacity of the Chinese exporting producers and their pricing behaviour when exporting to other countries.

               (104)

               As established in recital 46 above, total spare capacity for the production of PSC wires and strands in China was estimated at around 1,7 million tonnes in 2013. This amount exceeded largely the total Union consumption during the same period.

               (105)

               It can be reasonably concluded that, should measures be repealed, at least part of this spare capacity will, in all likelihood, be directed to the Union market.

               (106)

               In this regard, as noted in recital 48 above, before the measures currently in force were imposed, imports from China increased seven-fold within 3 years, reaching close to 87 000 tonnes, that is 8,2 % of the consumption during the original investigation or 17 % of the current consumption of the Union Market. This shows the ability of Chinese imports to rapidly penetrate the Union market in the absence of measures.

               (107)

               As mentioned above in recital 65 above, Chinese import prices without anti-dumping duties are likely to undercut the Union industry's sales prices by a significant margin (47 %). This very high likely undercutting margin based on a comparison of Chinese export prices to third countries and Union industry prices, makes the Union market more attractive than other third country markets to Chinese exports. Indeed, if measures are allowed to lapse, the Chinese exporting producers could export to the Union at prices above those to third countries whilst still undercutting the Union industry's prices.

               (108)

               On this basis, the Commission concluded that, in the absence of measures, Chinese exporting producers will likely increase the price pressure and their market share in the Union market, thus causing material injury to the Union industry.

         3.   Conclusion

               (109)

               In view of the findings of the investigation, namely the estimated spare capacity of Chinese exporting producers and the expected price levels of Chinese imports, it is considered that the repeal of the measures would in all likelihood lead to a recurrence of injury and would further deteriorate the fragile situation of the Union industry due to the likely increase of Chinese imports at dumped prices undercutting the Union industry's sales prices.

         G.   UNION INTEREST

               (110)

               In accordance with Article 21 of the basic Regulation, the Commission examined whether maintaining the existing anti-dumping measures against China would be against the interest of the Union as a whole. The determination of the Union interest was based on an appreciation of all the various interests involved, including those of the Union industry, importers, suppliers and users.

               (111)

               All interested parties were given the opportunity to make their views known pursuant to Article 21(2) of the basic Regulation.

               (112)

               On this basis the Commission examined whether, despite the conclusions on the likelihood of recurrence of dumping and injury, compelling reasons existed which would lead to the conclusion that it was not in the Union interest to maintain the existing measures.

         1.   Interest of the Union industry

               (113)

               The investigation established that there was a likelihood of recurrence of material injury should measures against Chinese imports be allowed to lapse.

               (114)

               Should measures be maintained it is expected that the Union industry will be able to fully pursue its restructuring and eventually improve its profitability.

               (115)

               The Commission therefore concluded that maintaining the measures in force against China would be in the interest of the Union industry.

         2.   Interest of importers/traders

               (116)

               No importer/trader came forward following the publication of the Notice of initiation.

               (117)

               Although it cannot be ruled out that the imposition of the measures had a negative impact on their activity, importers are not dependent on China and can source PSC wires and strands from other supplying countries such as Thailand and South Africa.

         3.   Interest of suppliers

               (118)

               Three suppliers expressed their support of the measures. Two of them were producers of wire rod and were related to the applicant. The third company supplied drawing lubricants and chemicals to the Union Industry.

               (119)

               The wire rod sold to the Union industry represents a small share of the turnover of the sector and the repeal of the measures is therefore not expected to have a significant impact on suppliers. It is nevertheless in the interest of wire rod producers to maintain the measures.

         4.   Interest of users

               (120)

               Twelve users came forward in this investigation to express their support for the measures, including one company with a large volume of purchases of the like product.

               (121)

               No user replied in full to our questionnaire. However, the initial investigation established that PSC wires and strands represented 5 % of their cost of production and below 1 % of that of their final customers.

               (122)

               In the absence of measures on other countries than China, users have access to alternative sources of supply. In addition, the largest Union producers have similar market shares, which maintain a high level of internal competition.

               (123)

               The users who came forward expressed their concern that a repeal of the measures would destabilise the Union industry and therefore affect the reliability of their supply chain. They placed higher value on security of supply than possible cost savings.

         5.   Conclusion on Union interest

               (124)

               In view of the above, the Commission concluded that there are no compelling reasons of Union interest against the maintenance of the current anti-dumping measures against China.

         H.   ANTI-DUMPING MEASURES

               (125)

               It follows from the above that, as provided for by Article 11(2) of the basic Regulation, the anti-dumping measures applicable to imports of certain pre- and post-stressing wires and wire strands of non-alloy steel (PSC wires and strands) originating in the People's Republic of China, imposed by Regulation (EC) No 383/2009 should be maintained.

               (126)

               The individual company anti-dumping duty rates specified in this Regulation are solely applicable to imports of the product concerned produced by these companies and thus by the specific legal entities mentioned. Imports of the product concerned manufactured by any other company not specifically mentioned in the operative part of this Regulation with its name and address, including entities related to those specifically mentioned, cannot benefit from these rates and shall be subject to the duty rate applicable to ‘all other companies’.

               (127)

               A company may request the application of these individual anti-dumping duty rates if it changes subsequently the name of its entity. The request must be addressed to the Commission (6). The request must contain all the relevant information enabling to demonstrate that the change does not affect the right of the company to benefit from the duty rate which applies to it. If the change of name of the company does not affect its right to benefit from the duty rate which applies to it, a notice informing about the change of name will be published in the Official Journal of the European Union.

               (128)

               This Regulation is in accordance with the opinion of the Committee established by Article 15(1) of the basic Regulation,

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   A definitive anti-dumping duty is hereby imposed on imports of not plated or not coated wire of non-alloy steel, wire of non-alloy steel plated or coated with zinc and stranded wire of non-alloy steel whether or not plated or coated with not more than 18 wires, containing by weight 0,6 % or more of carbon, with a maximum cross-sectional dimension exceeding 3 mm, currently falling within CN codes ex 7217 10 90, ex 7217 20 90, ex 7312 10 61, ex 7312 10 65 and ex 7312 10 69 (TARIC codes 7217109010, 7217209010, 7312106111, 7312106191, 7312106511, 7312106591, 7312106911 and 7312106991) and originating in the People's Republic of China. Galvanised (but not with any further coating material) seven wire strands in which the diameter of the central wire is identical to or less than 3 % greater than the diameter of any of the 6 other wires shall not be covered by the definitive anti-dumping duty.
   2.   The rate of anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty, of the products described in paragraph 1 and produced by the companies below shall be as follows:

               Company

               Anti-dumping duty

               TARIC additional code

               Kiswire Qingdao, Ltd, Qingdao

               0 %

               A899

               Ossen Innovation Materials Co. Joint Stock Company Ltd, Maanshan, and Ossen Jiujiang Steel Wire Cable Co. Ltd, Jiujiang

               31,1 %

               A952

               All other companies

               46,2 %

               A999

         3.   The application of the individual duty rate specified for the companies mentioned in paragraph 2 shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in the Annex. If no such invoice is presented, the duty rate applicable to all other companies shall apply.
   4.   Unless otherwise specified, the provisions in force concerning customs duties shall apply.
   Article 2
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 4 June 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 343, 22.12.2009, p. 51.

      (2)  Council Regulation (EC) No 383/2009 of 5 May 2009 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain pre- and post-stressing wires and wire strands of non-alloy steel (PSC wires and strands) originating in the People's Republic of China (OJ L 118, 13.5.2009, p. 1).

      (3)  Council Implementing Regulation (EU) No 986/2012 of 22 October 2012 clarifying the scope of the definitive anti-dumping duties imposed by Regulation (EC) No 383/2009 on imports of certain PSC wires and strands originating in the People's Republic of China (OJ L 297, 26.10.2012, p. 1).

      (4)  OJ C 270, 19.9.2013, p. 12.

      (5)  OJ C 138, 8.5.2014, p. 33.

      (6)  European Commission, Directorate-General for Trade, Directorate H, Rue de la Loi 170, 1040 Brussels, Belgium.

      ANNEX
      A declaration signed by an official of the company, in the following format must appear on the valid commercial invoice referred to in Article 1(3):

                  1.

                  The name and function of the official of the company which has issued the commercial invoice.

                  2.

                  The following declaration:
                  ‘I, the undersigned, certify that the [volume] of PSC wires and strands sold for export to the European Union covered by this invoice was manufactured by (company name and registered seat) (TARIC additional code) in (country concerned). I declare that the information provided in this invoice is complete and correct.
                  Date and signature’


title: Commission Implementing Regulation (EU) No 1381/2014 of 22 December 2014 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               23.12.2014

               EN

               Official Journal of the European Union

               L 367/83

         COMMISSION IMPLEMENTING REGULATION (EU) No 1381/2014
   of 22 December 2014
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

               Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

               (2)

               The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day 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, 22 December 2014.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

      (1)  OJ L 347, 20.12.2013, p. 671.

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX
      Standard import values for determining the entry price of certain fruit and vegetables

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  AL

                  76,1

                  EG

                  176,9

                  IL

                  69,8

                  MA

                  90,5

                  TN

                  241,9

                  TR

                  107,1

                  ZZ

                  127,1

                  0707 00 05

                  IL

                  241,9

                  TR

                  147,2

                  ZZ

                  194,6

                  0709 93 10

                  MA

                  80,1

                  TR

                  142,0

                  ZZ

                  111,1

                  0805 10 20

                  AR

                  35,3

                  MA

                  68,6

                  TR

                  57,7

                  UY

                  32,5

                  ZA

                  50,8

                  ZW

                  33,9

                  ZZ

                  46,5

                  0805 20 10

                  MA

                  69,1

                  ZZ

                  69,1

                  0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90

                  IL

                  94,1

                  JM

                  161,9

                  MA

                  75,3

                  TR

                  76,6

                  ZZ

                  102,0

                  0805 50 10

                  TR

                  71,9

                  US

                  236,5

                  ZZ

                  154,2

                  0808 10 80

                  BR

                  59,0

                  CA

                  135,6

                  CL

                  80,3

                  NZ

                  90,6

                  US

                  99,6

                  ZA

                  54,1

                  ZZ

                  86,5

                  0808 30 90

                  CN

                  98,8

                  US

                  141,4

                  ZZ

                  120,1

         (1)  Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7). Code ‘ZZ’ stands for ‘of other origin’.


title: Commission Implementing Regulation (EU) No 514/2012 of 18 June 2012 amending Annex I to Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin  Text with EEA relevance

text:
               19.6.2012

               EN

               Official Journal of the European Union

               L 158/2

         COMMISSION IMPLEMENTING REGULATION (EU) No 514/2012
   of 18 June 2012
   amending Annex I to Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (1), and in particular Article 15(5) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 669/2009 (2) lays down rules concerning the increased level of official controls to be carried out on imports of feed and food of non-animal origin listed in Annex I thereto (‘the list’), at the points of entry into the territories referred to in Annex I to Regulation (EC) No 882/2004.

               (2)

               Article 2 of Regulation (EC) No 669/2009 provides that the list is to be reviewed on a regular basis, and at least quarterly, taking into account at least the sources of information referred to in that Article.

               (3)

               The occurrence and relevance of food incidents notified through the Rapid Alert System for Food and Feed (RASFF), the findings of missions to third countries carried out by the Food and Veterinary Office, as well as the quarterly reports on consignments of feed and food of non-animal origin submitted by Member States to the Commission in accordance with Article 15 of Regulation (EC) No 669/2009 indicate that the list should be amended.

               (4)

               In particular, the list should be amended by decreasing the frequency of official controls of the commodities for which the information sources indicate an overall improvement of compliance with the relevant requirements provided for in Union legislation and for which the current level of official control is therefore no longer justified.

               (5)

               The list should also be amended to increase the frequency of official controls of the commodities for which the same sources of information show a higher degree of non-compliance with the relevant Union legislation, thereby warranting an increased level of official controls.

               (6)

               In addition, certain other commodities for which the information sources indicate a degree of non-compliance with the relevant safety requirements, thereby warranting the introduction of an increased level of official controls, should be included in the list.

               (7)

               The entries in the list for certain imports from India and for certain other commodities imported from the Dominican Republic should therefore be amended accordingly. In addition, an entry concerning consignments of nutmeg and mace from Indonesia should be inserted in the list.

               (8)

               The amendment to the list concerning the reduction in the frequency of official controls on imports of yardlong beans, bitter melon, peppers and aubergines from the Dominican Republic should apply as soon as possible, as the original safety concerns have been partially solved. Accordingly, the amendments to the list concerning the entry for that third country should apply from the date of entry into force of this Regulation.

               (9)

               Taking into account the number of amendments that need to be made to Annex I to Regulation (EC) No 669/2009, it is appropriate to replace it by the text in the Annex to this Regulation.

               (10)

               Regulation (EC) No 669/2009 should therefore be amended accordingly.

               (11)

               The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex I to Regulation (EC) No 669/2009 is replaced by the text in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
   It shall apply from 1 July 2012.
   However, the amendment to Annex I to Regulation (EC) No 669/2009 concerning the reduction in the frequency of physical and identity checks on yardlong beans, bitter melon, peppers and aubergines from the Dominican Republic shall apply from the date of entry into force of this Regulation.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 18 June 2012.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 165, 30.4.2004, p. 1.

      (2)  OJ L 194, 25.7.2009, p. 11.

      ANNEX
      Annex I to Regulation (EC) No 669/2009 is replaced by the following:

            ‘ANNEX I

               Feed and food of non-animal origin subject to an increased level of official controls at the designated point of entry

                        Feed and food
                        (intended use)

                        CN code (1)

                        Country of origin

                        Hazard

                        Frequency of physical and identity checks
                        (%)

                        Hazelnuts
                        (in shell or shelled)

                        0802 21 00; 0802 22 00

                        Azerbaijan (AZ)

                        Aflatoxins

                        10

                           (Feed and food)

                                    —

                                    Groundnuts (peanuts), in shell

                                    —

                                 1202 41 00

                        Brazil (BR)

                        Aflatoxins

                        10

                                    —

                                    Groundnuts (peanuts), shelled

                                    —

                                 1202 42 00

                                    —

                                    Peanut butter

                                    —

                                 2008 11 10

                                    —

                                    Groundnuts (peanuts), otherwise prepared or preserved

                                    —

                                    2008 11 91; 2008 11 96; 2008 11 98

                           (Feed and food)

                        Dried Noodles

                        ex 1902

                        China (CN)

                        Aluminium

                        10

                           (Food)

                        Pomelos

                        ex 0805 40 00

                        China (CN)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (11)

                        20

                           (Food — fresh)

                        Tea, whether or not flavoured

                        0902

                        China (CN)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (10)

                        10

                           (Food)

                                    —

                                    Yardlong beans
                                    (Vigna unguiculata spp. sesquipedalis)

                                    —

                                    ex 0708 20 00; ex 0710 22 00

                        Dominican Republic (DO)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (3)

                        20

                                    —

                                    Bitter melon
                                    (Momordica charantia)

                                    —

                                    ex 0709 99 90; ex 0710 80 95

                                    —

                                    Peppers (sweet and other than sweet) (Capsicum spp.)

                                    —

                                    0709 60 10; ex 0709 60 99; 0710 80 51; ex 0710 80 59

                                    —

                                    Aubergines

                                    —

                                    0709 30 00; ex 0710 80 95

                           (Food — fresh, chilled or frozen vegetables)

                                    —

                                    Oranges (fresh or dried)

                                    —

                                    0805 10 20; 0805 10 80

                        Egypt (EG)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (7)

                        10

                                    —

                                    Peaches (excluding nectarines)

                                    —

                                 0809 30 90

                                    —

                                    Pomegranates

                                    —

                                 ex 0810 90 75

                                    —

                                    Strawberries

                                    —

                                 0810 10 00

                           (Food — fresh fruits and vegetables)

                        Peppers (sweet and other than sweet) (Capsicum spp.)

                        0709 60 10; ex 0709 60 99; 0710 80 51; ex 0710 80 59

                        Egypt (EG)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (12)

                        10

                           (Food — fresh, chilled or frozen)

                                    —

                                    Groundnuts (peanuts), in shell

                                    —

                                 1202 41 00

                        Ghana (GH)

                        Aflatoxins

                        50

                                    —

                                    Groundnuts (peanuts), shelled

                                    —

                                 1202 42 00

                                    —

                                    Peanut butter

                                    —

                                 2008 11 10

                           (Feed and Food)

                        Curry leaves (Bergera/Murraya koenigii)

                        ex 1211 90 85

                        India (IN)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single residue methods (5)

                        50

                           (Food — fresh herbs)

                                    —

                                       Capsicum annuum, whole

                                    —

                                 0904 21 10

                        India (IN)

                        Aflatoxins

                        20

                                    —

                                       Capsicum annuum, crushed or ground

                                    —

                                 ex 0904 22 00

                                    —

                                    Dried fruit of the genus Capsicum or of the genus Pimenta, whole, other than sweet peppers (Capsicum annuum)

                                    —

                                 0904 21 90

                                    —

                                    Curry (chilli products)

                                    —

                                 0910 91 05

                                    —

                                    Nutmeg

                                       (Myristica fragrans)

                                    —

                                    0908 11 00, 0908 12 00

                                    —

                                    Mace
                                    (Myristica fragrans)

                                    —

                                    0908 21 00, 0908 22 00

                                    —

                                    Ginger
                                    (Zingiber officinale)

                                    —

                                    0910 11 00, 0910 12 00

                                    —

                                       Curcuma longa (turmeric)

                                    —

                                 0910 30 00

                           (Food — dried spices)

                                    —

                                    Groundnuts (peanuts), in shell

                                    —

                                 1202 41 00

                        India (IN)

                        Aflatoxins

                        20

                                    —

                                    Groundnuts (peanuts), shelled

                                    —

                                 1202 42 00

                                    —

                                    Peanut butter

                                    —

                                 2008 11 10

                                    —

                                    Groundnuts (peanuts), otherwise prepared or preserved

                                    —

                                    2008 11 91; 2008 11 96; 2008 11 98

                        (Feed and food)

                        Feed additives and premixtures

                        ex 2309; 2917 19 90; ex 2817 00 00; ex 2820 90 10; ex 2820 90 90; ex 2821 10 00; ex 2825 50 00; ex 2833 21 00; ex 2833 25 00; ex 2833 29 20; ex 2833 29 80; ex 2835; ex 2836; ex 2839; 2936

                        India (IN)

                        Cadmium and lead

                        10

                           (Feed)

                        Okra

                        ex 0709 99 90

                        India (IN)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (2)

                        50

                           (Food — fresh)

                        Nutmeg
                        (Myristica fragrans)

                                    —

                                    0908 11 00, 0908 12 00

                        Indonesia (ID)

                        Aflatoxins

                        20

                        Mace
                        (Myristica fragrans)

                                    —

                                    0908 21 00, 0908 22 00

                           (Food — dried spices)

                        Watermelon (egusi, Citrullus lanatus) seeds and derived products

                        ex 1207 70 00; ex 1106 30 90; ex 2008 99 99

                        Nigeria (NG)

                        Aflatoxins

                        50

                           (Food)

                                    —

                                       Capsicum annuum, whole

                                    —

                                 0904 21 10

                        Peru (PE)

                        Aflatoxins and Ochratoxin A

                        10

                                    —

                                       Capsicum annuum, crushed or ground

                                    —

                                 ex 0904 22 00

                                    —

                                    Dried fruit of the genus Capsicum or of the genus Pimenta, whole, other than sweet peppers (Capsicum annuum)

                                    —

                                 0904 21 90

                           (Food — dried spice)

                        Peppers (other than sweet)(Capsicum spp.)

                        ex 0709 60 99

                        Thailand (TH)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (9)

                        10

                           (Food — fresh)

                                    —

                                    Coriander leaves

                                    —

                                 ex 0709 99 90

                        Thailand (TH)

                        Salmonella (6)

                        10

                                    —

                                    Basil (holy, sweet)

                                    —

                                 ex 1211 90 85

                                    —

                                    Mint

                                    —

                                 ex 1211 90 85

                           (Food — fresh herbs)

                                    —

                                    Coriander leaves

                                    —

                                 ex 0709 99 90

                        Thailand (TH)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (4)

                        20

                                    —

                                    Basil (holy, sweet)

                                    —

                                 ex 1211 90 85

                           (Food — fresh herbs)

                                    —

                                    Yardlong beans
                                    (Vigna unguiculata spp. sesquipedalis)

                                    —

                                    ex 0708 20 00; ex 0710 22 00

                        Thailand (TH)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (4)

                        50

                                    —

                                    Aubergines

                                    —

                                    0709 30 00; ex 0710 80 95

                                    —

                                    Brassica vegetables

                                    —

                                    0704; ex 0710 80 95

                           (Food — fresh, chilled or frozen vegetables)

                                    —

                                    Sweet Peppers (Capsicum annuum)

                                    —

                                    0709 60 10; 0710 80 51

                        Turkey (TR)

                        Pesticide residues analysed with multi-residue methods based on GC-MS and LC-MS or with single-residue methods (8)

                        10

                                    —

                                    Tomatoes

                                    —

                                    0702 00 00; 0710 80 70

                           (Food — fresh, chilled or frozen vegetables)

                        Dried grapes (vine fruit)

                        0806 20

                        Uzbekistan (UZ)

                        Ochratoxin A

                        50

                           (Food)

                                    —

                                    Groundnuts (peanuts), in shell

                                    —

                                 1202 41 00

                        South Africa (ZA)

                        Aflatoxins

                        10

                                    —

                                    Groundnuts (peanuts), shelled

                                    —

                                 1202 42 00

                                    —

                                    Peanut butter

                                    —

                                 2008 11 10

                                    —

                                    Groundnuts (peanuts), otherwise prepared or preserved

                                    —

                                    2008 11 91; 2008 11 96; 2008 11 98

                           (Feed and food)

         (1)  Where only certain products under any CN code are required to be examined and no specific subdivision under that code exists in the goods nomenclature, the CN code is marked ‘ex’ (for example, ex 1006 30: only Basmati rice for direct human consumption is included).

         (2)  In particular residues of: Acephate, Methamidophos, Triazophos, Endosulfan, Monocrotophos, Methomyl, Thiodicarb, Diafenthiuron, Thiamethoxam, Fipronil, Oxamyl, Acetamipirid, Indoxacarb, Mandipropamid.

         (3)  In particular residues of: Amitraz, Acephate, Aldicarb, Benomyl, Carbendazim, Chlorfenapyr, Chlorpyrifos, CS2 (Dithiocarbamates), Diafenthiuron, Diazinon, Dichlorvos, Dicofol, Dimethoate, Endosulfan, Fenamidone, Imidacloprid, Malathion, Methamidophos, Methiocarb, Methomyl, Monocrotophos, Omethoate, Oxamyl, Profenofos, Propiconazole, Thiabendazol, Thiacloprid.

         (4)  In particular residues of: Acephate, Carbaryl, Carbendazim, Carbofuran, Chlorpyriphos, Chlorpyriphos-methyl, Dimethoate, Ethion, Malathion, Metalaxyl, Methamidophos, Methomyl, Monocrotophos, Omethoate, Prophenophos, Prothiophos, Quinalphos, Triadimefon, Triazophos, Dicrotophos, EPN, Triforine.

         (5)  In particular residues of: Triazophos, Oxydemeton-methyl, Chlorpyriphos, Acetamiprid, Thiamethoxam, Clothianidin, Methamidophos, Acephate, Propargite, Monocrotophos.

         (6)  Reference method EN/ISO 6579 or a method validated against it as referred to in Article 5 of Commission Regulation (EC) No 2073/2005 (OJ L 338, 22.12.2005, p. 1).

         (7)  In particular residues of: Carbendazim, Cyfluthrin Cyprodinil, Diazinon, Dimethoate, Ethion, Fenitrothion, Fenpropathrin, Fludioxonil, Hexaflumuron, Lambda-cyhalothrin, Methiocarb, Methomyl, Omethoate, Oxamyl, Phenthoate, Thiophanate-methyl.

         (8)  In particular residues of: Methomyl, Oxamyl, Carbendazim, Clofentezine, Diafenthiuron, Dimethoate, Formetanate, Malathion, Procymidone, Tetradifon, Thiophanate-methyl.

         (9)  In particular residues of: Carbofuran, Methomyl, Omethoate, Dimethoate, Triazophos, Malathion, Profenofos, Prothiofos, Ethion, Carbendazim, Triforine, Procymidone, Formetanate.

         (10)  In particular residues of: Buprofezin; Imidacloprid; Fenvalerate and Esfenvalerate (Sum of RS & SR isomers); Profenofos; Trifluralin; Triazophos; Triadimefon and Triadimenol (sum of triadimefon and triadimenol), Cypermethrin (cypermethrin including other mixtures of constituent isomers (sum of isomers)).

         (11)  In particular residues of: Triazofos, Triadimefon and Triadimenol (sum of triadimefon and triadimenol), Parathion-methyl, Fenthoate, Methidathion.

         (12)  In particular residues of: Carbofuran (sum), Chlorpyrifos, Cypermethrin (sum), Cyproconazole, Dicofol (sum), Difenoconazole, Dinotefuran, Ethion, Flusilazole, Folpet, Prochloraz, Profenofos, Propiconazole, Thiophanate-methyl and Triforine.’