Commission Implementing Regulation (EU) 2024/3140 of 17 December 2024 making imports of hardwood plywood originating in the People’s Republic of China subject to registration
Commission Implementing Regulation (EU) 2024/3140of 17 December 2024making imports of hardwood plywood originating in the People’s Republic of China subject to registrationTHE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European UnionOJ L 176, 30.6.2016, p. 21, ELI: http://data.europa.eu/eli/reg/2016/1036/oj. ("the basic Regulation") and in particular Article 14(5) thereof,After informing the Member States,Whereas:(1)On 11 October 2024, the European Commission ("the Commission") announced, by a notice published in the Official Journal of the European UnionOJ C, C/2024/6048, 11.10.2024, ELI: http://data.europa.eu/eli/C/2024/6048/oj., the initiation of an anti-dumping proceeding with regard to imports into the Union of hardwood plywood originating in the People’s Republic of China.(2)This initiation followed a complaint lodged on 27 August 2024 by the Greenwood Consortium on behalf of producers representing more than 25 % of the total Union production of hardwood plywood.1.PRODUCT SUBJECT TO REGISTRATION(3)The product subject to registration ("the product concerned") is plywood consisting solely of sheets of wood other than bamboo and okoumé, each ply not exceeding 6 mm thickness, with at least one outer ply of tropical wood or non-coniferous wood, of species specified under subheadings 441231, 441233 and 441234, whether or not coated or surface-covered.(4)The product concerned is currently classified under HS codes ex441231, ex441233 and ex441234 (CN and TARIC codes 4412311080, 4412319000, 4412331012, 4412331022, 4412331082, 4412332010, 4412333010, 4412339010, and 4412340010). The HS, CN and TARIC codes are given for information only and without prejudice to a subsequent change in the tariff classification.2.REGISTRATION(5)Under Article 14(5) of the basic Regulation, imports of the product concerned may be made subject to registration for the purpose of ensuring that, if the investigation results in findings leading to the imposition of anti-dumping duties, those duties can, if the necessary conditions are fulfilled, be levied retroactively on the registered imports in accordance with the applicable legal provisions.(6)The Commission has decided to make imports of the product concerned subject to registration on its own initative under Article 14(5) of the basic Regulation. The conditions for retroactive collection of duties will be assessed in the regulation imposing definitive duties if any.(7)Any future liability would emanate from the findings of the anti-dumping investigation.(8)For the period from 1 April 2023 to 31 March 2024, the allegations in the complaint requesting the initiation of an anti-dumping investigation estimated for the product concerned dumping margins between 89 % and 335 % depending on the type of hardwood, and an injury elimination level of 224 %.(9)The amount of possible future liability would normally be set at the lower of those two levels according to Article 7(2) of the basic Regulation.(10)If, during the investigation, the Commission finds evidence of raw material distortions pursuant to Article 7(2a) of the basic Regulation, the amount of possible future liability would be set at the level of the dumping margin as provided for in Article 7(2b) of the basic Regulation if it is concluded that a duty lower than the margin of dumping would not be sufficient to remove the injury suffered by the Union industry.(11)At this stage the Commission is not in a position to estimate the amount of possible future liability. Thus, the amounts mentioned in the complaint are only for information purposes and cannot create any expectations as to the actual level of liability which will be established as a result of the investigation.3.PROCESSING OF PERSONAL DATA(12)Any personal data collected in the context of this registration will be treated in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the CouncilRegulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39, ELI: http://data.europa.eu/eli/reg/2018/1725/oj).,HAS ADOPTED THIS REGULATION: