Euro exchange rates (1)

22 February 2022

(2022/C 87/01)

1 euro =

	Currency	Exchange rate
USD	US dollar	1,1342
JPY	Japanese yen	130,54
DKK	Danish krone	7,4392
GBP	Pound sterling	0,83685
SEK	Swedish krona	10,5996
CHF	Swiss franc	1,0422
ISK	Iceland króna	141,20
NOK	Norwegian krone	10,1018
BGN	Bulgarian lev	1,9558
CZK	Czech koruna	24,496
HUF	Hungarian forint	355,89
PLN	Polish zloty	4,5447
RON	Romanian leu	4,9464
TRY	Turkish lira	15,6959
AUD	Australian dollar	1,5739
CAD	Canadian dollar	1,4441
HKD	Hong Kong dollar	8,8495
NZD	New Zealand dollar	1,6848
SGD	Singapore dollar	1,5268
KRW	South Korean won	1 353,34
ZAR	South African rand	17,1768
CNY	Chinese yuan renminbi	7,1771
HRK	Croatian kuna	7,5370
IDR	Indonesian rupiah	16 293,92
MYR	Malaysian ringgit	4,7472
PHP	Philippine peso	58,208
RUB	Russian rouble	89,8055
THB	Thai baht	36,748
BRL	Brazilian real	5,7677
MXN	Mexican peso	23,0330
INR	Indian rupee	84,7580

---

(1)  Source: reference exchange rate published by the ECB.

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of high tenacity yarns of polyesters originating in the People’s Republic of China

(2022/C 87/02)

Following the publication of a Notice of impending expiry (1) of the anti-dumping measures in force on the imports of high tenacity yarns of polyesters originating in the People’s Republic of China (‘the country concerned’ or ‘PRC’), the European Commission (’the Commission’) has received a request for review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (2) (’the basic Regulation’).

1.   Request for review

The request was submitted on 24 November 2021 by the CIRFS - European Manmade Fibres Association (’the applicant’) on behalf of the Union industry of certain high tenacity yarns of polyesters in the sense of Article 5(4) of the basic Regulation.

An open version of the request and the analysis of the degree of support by Union producers for the request are available in the file for inspection by interested parties. Section 5.6 of this Notice provides information about access to the file for interested parties.

2.   Product under review

The product subject to this review is high tenacity yarn of polyesters not put up for retail sale, including monofilament of less than 67 decitex, (excluding sewing thread and ‘Z’-twisted multiple (folded) or cabled yarn, intended for the production of sewing thread, ready for dyeing and for receiving a finishing treatment, loosely wound on a plastic perforated tube), currently falling within CN Code ex 5402 20 00 (TARIC code 5402 2000 10). The CN and TARIC codes are given for information only.

3.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Commission Implementing Regulation (EU) 2017/325, (3) as amended by Commission Implementing Regulation (EU) 2017/1159 (4).

4.   Grounds for the review

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

4.1.    Allegation of likelihood of continuation of dumping

The applicant claimed that it is not appropriate to use domestic prices and costs in the country concerned, due to the existence of significant distortions within the meaning of point (b) of Article 2(6a) of the basic Regulation.

To substantiate the allegations of significant distortions, the applicant relied on the information contained in the country report produced by the Commission services on 20 December 2017 describing the specific market circumstances in the country concerned (5). In particular, the applicant referred to distortions as a consequence of state presence in general and more specific affecting the chemical sector, to the section on raw materials (used in the production of high tenacity yarn of polyesters i.e. purified terephthalic acid and mono-ethylene glycol), and to chapters on general distortions of energy and labour. .

As a result, in view of Article 2(6a)(a) of the basic Regulation, the allegation of continuation of dumping from the country concerned is based on a comparison of a constructed normal value on the basis of costs of production and sale in an appropriate representative country (Turkey has been selected by the applicant) with the export price (at ex-works level) of the product under review from the country concerned when sold for export to the Union.

On this basis, the dumping margins calculated are significant for the country concerned.

In light of the information available, the Commission considers that there is sufficient evidence pursuant to Article 5(9) of the basic Regulation tending to show that, due to significant distortions affecting prices and costs, the use of domestic prices and costs in the country concerned is inappropriate, thus warranting the initiation of an investigation on the basis of Article 2(6a) of the basic Regulation.

The country report is available in the file for inspection by interested parties and on DG Trade’s Internet: (6).

4.2.    Allegation of likelihood of continuation of injury

The applicant alleges the likelihood of continuation of injury. In this respect the applicant has provided sufficient evidence that imports of the product under review from the country concerned to the Union have remained significant in absolute terms and in terms of market shares.

The evidence provided by the applicant shows that the volume and the prices of the imported product under review have, among other consequences, had a negative impact on the level of prices charged by the Union Industry, resulting in substantial adverse effects on the overall performance and on the financial situation of the Union industry.

The applicant has also provided evidence that, should measures be allowed to lapse, the current import level of the product under review from the country concerned to the Union is likely to increase due to the existence of unused capacity of the manufacturing facilities of the producers in the country concerned and the attractiveness of the Union market. In addition, in the absence of measures, Chinese export prices would be at a level low enough to cause further injury to the Union industry.

5.   Procedure

Having determined, after consulting the Committee established by Article 15(1) of the basic Regulation, that sufficient evidence of a likelihood of dumping and injury exists to justify the initiation of an expiry review, the Commission hereby initiates a review in accordance with Article 11(2) of the basic Regulation.

The expiry review will determine whether the expiry of the measures would be likely to lead to a continuation or recurrence of dumping of the product under review originating in the country concerned and a continuation or recurrence of injury to the Union industry.

The Commission also draws the attention of the parties to the published Notice (7) on the consequences of the COVID-19 outbreak on anti-dumping and anti-subsidy investigations that may be applicable to this proceeding.

5.1.    Review investigation period and period considered

The investigation of a continuation or recurrence of dumping will cover the period from 1 January 2021 to 31 December 2021 (‘the review investigation period’). The examination of trends relevant for the assessment of the likelihood of a continuation or recurrence of injury will cover the period from 1 January 2018 to the end of the investigation period (‘the period considered’).

5.2.    Comments on the request and the initiation of the investigation

All interested parties wishing to comment on the request (including matters pertaining to continuation or recurrence of injury and causality) or any aspects regarding the initiation of the investigation (including the degree of support for the request) must do so within 37 days of the date of publication of this Notice in the Official Journal of the European Union (8).

Any request for a hearing with regard to the initiation of the investigation must be submitted within 15 days of the date of publication of this Notice.

5.3.    Procedure for the determination of a likelihood of continuation or recurrence of dumping

In an expiry review, the Commission examines exports that were made to the Union in the review investigation period and, irrespective of exports to the Union, considers whether the situation of the companies producing and selling the product under review in the country concerned is such that exports at dumped prices to the Union would be likely to continue or recur if measures expire.

Therefore, all producers (9) of the product under review from the country concerned, including those that did not cooperate in the investigation leading to the measures in force, are invited to participate in the Commission investigation.

5.3.1.   Investigating producers in the country concerned

In view of the potentially large number of producers in the country concerned involved in this expiry review and in order to complete the investigation within the statutory time limits, the Commission may limit the producers to be investigated to a reasonable number by selecting a sample (this process is also referred to as ’sampling’). The sampling will be carried out in accordance with Article 17 of the basic Regulation.

In order to enable the Commission to decide whether sampling is necessary, and if so, to select a sample, all producers, or representatives acting on their behalf, including the ones who did not cooperate in the investigation leading to the measures subject to the present review, are hereby requested to provide the Commission with information on their companies within 7 days of the date of publication of this Notice. This information must be provided via TRON.tdi at the following address: https://tron.trade.ec.europa.eu/tron/tdi/form/R760_SAMPLING_FORM_FOR_EXPORTING_PRODUCER . Tron access information can be found in sections 5.6 and 5.9 below.

In order to obtain the information it deems necessary for the selection of the sample of producers, the Commission will also contact the authorities of the country concerned and may contact any known associations of producers in the country concerned.

If a sample is necessary, the producers will be selected based on the largest representative volume of production, sales or exports which can reasonably be investigated within the time available. All known producers in the country concerned, the authorities of the country concerned and associations of producers will be notified by the Commission, via the authorities of the country concerned if appropriate, of the companies selected to be in the sample.

Once the Commission has received the necessary information to select a sample of producers, it will inform the parties concerned of its decision whether they are included in the sample. The sampled producers will have to submit a completed questionnaire within 30 days from the date of notification of the decision of their inclusion in the sample, unless otherwise specified.

The Commission will add a note to the file for inspection by interested parties reflecting the sample selection. Any comment on the sample selection must be received within 3 days of the date of notification of the sample decision.

A copy of the questionnaire for producers in the country concerned is available in the file for inspection by interested parties and on DG Trade’s website (https://trade.ec.europa.eu/tdi/case_details.cfm?id=2582).

Without prejudice to the possible application of Article 18 of the basic Regulation, companies that have agreed to their possible inclusion in the sample but are not selected to be in the sample will be considered to be cooperating.

5.3.2.   Additional procedure with regard to the country concerned that is subject to significant distortions

Subject to the provisions of this Notice, all interested parties are hereby invited to make their views known, submit information and provide supporting evidence regarding the application of Article 2(6a) of the basic Regulation. Unless otherwise specified, this information and supporting evidence must reach the Commission within 37 days of the date of publication of this Notice.

In particular, the Commission invites all interested parties to make their views known on the inputs and the Harmonised System (HS) codes provided in the request, propose (an) appropriate representative country(ies) and provide the identity of producers of the product under review in those countries. This information and supporting evidence must reach the Commission within 15 days of the date of publication of this Notice.

Pursuant to point (e) of Article 2(6a) of the basic Regulation, the Commission will, shortly after initiation, by means of a note to the file for inspection by interested parties, inform parties to the investigation about the relevant sources that it intends to use for the purpose of determining normal value in the country concerned pursuant to Article 2(6a) of the basic Regulation. This will cover all sources, including the selection of an appropriate representative third country where appropriate. Parties to the investigation shall be given 10 days from the date at which that note is added to that file to submit comments.

According to the information available to the Commission, a possible representative third country for the country concerned in this case is Turkey. With the aim of finally selecting the appropriate representative third country, the Commission will examine whether there are countries with a similar level of economic development as the country concerned, in which there is production and sales of the product under review and in which relevant data are readily available. Where there is more than one such country, preference will be given, where appropriate, to countries with an adequate level of social and environmental protection.

With regard to the relevant sources, the Commission invites all producers in the country concerned to provide information on the materials (raw and processed) and energy used in the production of the product under review within 15 days of the date of publication of this Notice. This information must be provided via TRON.tdi at the following address: https://tron.trade.ec.europa.eu/tron/tdi/form/R760_INFO_ON_INPUTS_FOR_EXPORTING_PRODUCER_FORM . Tron access information can be found in sections 5.6 and 5.9 below.

Furthermore, any submissions of factual information to value costs and prices pursuant to point (a) of Article 2(6a) of the basic Regulation must be filed within 65 days of the date of publication of this Notice. Such factual information should be taken exclusively from publicly available sources.

In order to obtain the information it deems necessary for its investigation with regard to the alleged significant distortions within the meaning of point (b) of Article 2(6a) of the basic Regulation, the Commission will also make available a questionnaire to the Government of the country concerned.

5.3.3.   Investigating unrelated importers (10) (11)

Unrelated importers of the product under review from the country concerned to the Union, including those that did not cooperate in the investigation leading to the measures in force, are invited to participate in this investigation.

In view of the potentially large number of unrelated importers involved in this expiry review and in order to complete the investigation within the statutory time limits, the Commission may limit to a reasonable number the unrelated importers that will be investigated by selecting a sample (this process is also referred to as ’sampling’). The sampling will be carried out in accordance with Article 17 of the basic Regulation.

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all unrelated importers, or representatives acting on their behalf, including the ones who did not cooperate in the investigation leading to the measures subject to the present review, are hereby requested to make themselves known to the Commission. These parties must do so within 7 days of the date of publication of this Notice by providing the Commission with the information on their company(ies) requested in Annex to this Notice.

In order to obtain information it deems necessary for the selection of the sample of unrelated importers, the Commission may also contact any known associations of importers.

If a sample is necessary, the importers may be selected based on the largest representative volume of sales of the product under review from the country concerned in the Union that can reasonably be investigated within the time available. All known unrelated importers and associations of importers will be notified by the Commission of the companies selected to be in the sample.

The Commission will also add a note to the file for inspection by interested parties reflecting the sample selection. Any comment on the sample selection must be received within 3 days of the date of notification of the sample decision.

In order to obtain the information it deems necessary for its investigation, the Commission will make available questionnaires to the sampled unrelated importers. Those parties must submit a completed questionnaire within 30 days from the date of the notification of the sample selection, unless otherwise specified.

A copy of the questionnaire for unrelated importers is available in the file for inspection by interested parties and on DG Trade’s website (https://trade.ec.europa.eu/tdi/case_details.cfm?id=2582).

5.4.    Procedure for the determination of a likelihood of a continuation or recurrence of injury

In order to establish whether there is a likelihood of a continuation or recurrence of injury to the Union industry, the Commission invites Union producers of the product under review to participate in the investigation.

5.4.1.   Investigating Union producers

In view of the large number of Union producers involved in this expiry review and in order to complete the investigation within the statutory time limits, the Commission has decided to limit to a reasonable number the Union producers that will be investigated by selecting a sample (this process is also referred to as ’sampling’). The sampling is carried out in accordance with Article 17 of the basic Regulation.

The Commission has provisionally selected a sample of Union producers. Details can be found in the file for inspection by interested parties.

Interested parties are hereby invited to comment on the provisional sample. In addition, other Union producers, or representatives acting on their behalf, including Union producers who did not cooperate in the investigation leading to the measures in force, that consider that there are reasons why they should be included in the sample must contact the Commission within 7 days of the date of publication of this Notice. All comments regarding the provisional sample must be received within 7 days of the date of publication of this Notice, unless otherwise specified.

The Commission will notify all known Union producers and/or associations of Union producers of the companies finally selected to be in the sample.

The sampled Union producers will have to submit a completed questionnaire within 30 days from the date of notification of the decision of their inclusion in the sample, unless otherwise specified.

A copy of the questionnaire for Union producers is available in the file for inspection by interested parties and on DG Trade’s website (https://trade.ec.europa.eu/tdi/case_details.cfm?id=2582).

5.5.    Procedure for the assessment of Union interest

Should the likelihood of continuation or recurrence of dumping and injury be confirmed, a decision will be reached, pursuant to Article 21 of the basic Regulation, as to whether maintaining the anti-dumping measures would not be against the Union interest.

Union producers, importers and their representative associations, users and their representative associations, trade unions and representative consumer organisations are invited to provide the Commission with information on the Union interest.

Information concerning the assessment of the Union interest must be provided within 37 days of the date of publication of this Notice, unless otherwise specified. This information may be provided either in a free format or by completing a questionnaire prepared by the Commission.

A copy of the questionnaires, including the questionnaire for users of the product under review, is available in the file for inspection by interested parties and on DG Trade’s website (https://trade.ec.europa.eu/tdi/case_details.cfm?id=2582). In any case, information submitted pursuant to Article 21 will only be taken into account if supported by factual evidence at the time of submission, which substantiates its validity.

5.6.    Interested parties

In order to participate in the investigation, interested parties, such as producers in the country concerned, Union producers, importers and their representative associations, users and their representative associations, trade unions and representative consumer organisations first have to demonstrate that there is an objective link between their activities and the product under review.

Producers in the country concerned, Union producers, importers and representative associations who made information available in accordance to the procedures described in sections 5.3.1, 5.3.3 and 5.4.1 will be considered as interested parties if there is an objective link between their activities and the product under review.

Other parties will only be able to participate in the investigation as interested party from the moment they make themselves known, and provided that there is an objective link between their activities and the product under review. Being considered as an interested party is without prejudice to the application of Article 18 of the basic Regulation.

Access to the file available for inspection for interested parties is made via Tron.tdi at the following address: https://tron.trade.ec.europa.eu/tron/TDI. Please follow the instructions on that page to get access (12).

5.7.    Other written submissions

Subject to the provisions of this Notice, all interested parties are hereby invited to make their views known, submit information and provide supporting evidence. Unless otherwise specified, this information and supporting evidence must reach the Commission within 37 days of the date of publication of this Notice.

5.8.    Possibility to be heard by the Commission investigation services

All interested parties may request to be heard by the Commission investigation services. Any request to be heard must be made in writing and must specify the reasons for the request as well as a summary of what the interested party wishes to discuss during the hearing. The hearing will be limited to the issues set out by the interested parties in writing beforehand.

In principle, hearings will not be used to present factual information which is not yet on file. Nevertheless, in the interest of good administration and to enable Commission services to progress with the investigation, interested parties may be directed to provide new factual information after a hearing.

5.9.    Instructions for making written submissions and sending completed questionnaires and correspondence

Information submitted to the Commission for the purpose of trade defence investigations shall be free from copyrights. Interested parties, before submitting to the Commission information and/or data which is subject to third party copyrights, must request specific permission to the copyright holder explicitly allowing the Commission a) to use the information and data for the purpose of this trade defence proceeding and b) to provide the information and/or data to interested parties to this investigation in a form that allows them to exercise their rights of defence.

All written submissions, including the information requested in this Notice, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Sensitive’ (13). Parties submitting information in the course of this investigation are invited to reason their request for confidential treatment.

Parties providing ‘Sensitive’ information are required to furnish non-confidential summaries of it pursuant to Article 19(2) of the basic Regulation, which will be labelled ’For inspection by interested parties’. These summaries must be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence. If a party providing confidential information fails to show good cause for a confidential treatment request or does not furnish a non-confidential summary of it in the requested format and quality, the Commission may disregard such information unless it can be satisfactorily demonstrated from appropriate sources that the information is correct.

Interested parties are invited to make all submissions and requests via TRON.tdi (https://tron.trade.ec.europa.eu/ tron/TDI) including requests to be registered as interested parties, scanned powers of attorney and certification sheets. By using TRON.tdi or email, interested parties express their agreement with the rules applicable to electronic submissions contained in the document ‘CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES’ published on the website of the Directorate-General for Trade: http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf. The interested parties must indicate their name, address, telephone and a valid email address and they should ensure that the provided email address is a functioning official business email which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by TRON.tdi or email only, unless they explicitly request to receive all documents from the Commission by another means of communication or unless the nature of the document to be sent requires the use of a registered mail. For further rules and information concerning correspondence with the Commission including principles that apply to submissions via TRON.tdi and by email, interested parties should consult the communication instructions with interested parties referred to above.

Commission address for correspondence:

European Commission

Directorate-General for Trade

Directorate G

Office: CHAR 04/039

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

TRON. tdi: https://tron.trade.ec.europa.eu/tron/tdi

Email:

TRADE-R760-HTYP-INJURY@ec.europa.eu

TRADE-R760-HTYP-DUMPING@ec.europa.eu

6.   Schedule of the investigation

The investigation shall normally be concluded within 12 months and in any event no later than 15 months from the date of the publication of this Notice, pursuant to Article 11(5) of the basic Regulation.

7.   Submission of information

As a rule, interested parties may only submit information in the timeframes specified in section 5 of this Notice.

In order to complete the investigation within the mandatory deadlines, the Commission will not accept submissions from interested parties after the deadline to provide comments on the final disclosure or, if applicable, after the deadline to provide comments on the additional final disclosure.

8.   Possibility to comment on other parties’ submissions

In order to guarantee the rights of defence, interested parties should have the possibility to comment on information submitted by other interested parties. When doing so, interested parties may only address issues raised in the other interested parties’ submissions and may not raise new issues.

Comments on the information provided by other interested parties in reaction to the disclosure of the definitive findings should be submitted within 5 days from the deadline to comment on the definitive findings, unless otherwise specified. If there is an additional final disclosure, comments on the information provided by other interested parties in reaction to this further disclosure should be made within 1 day from the deadline to comment on this further disclosure, unless otherwise specified.

The outlined timeframe is without prejudice to the Commission’s right to request additional information from interested parties in duly justified cases.

9.   Extension to time limits specified in this Notice

Extensions to time-limits provided for in this Notice may be granted upon request of interested parties showing due cause.

Any extension to the time limits provided for in this Notice should only be requested in exceptional circumstances and will only be granted if duly justified. In any event, any extensions to the deadline to reply to questionnaires will be limited normally to 3 days, and as a rule will not exceed 7 days. Regarding time limits for the submission of other information specified in the Notice of initiation, extensions will be limited to 3 days unless exceptional circumstances are demonstrated.

10.   Non-cooperation

In cases where any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made on the basis of facts available, in accordance with Article 18 of the basic Regulation.

Where it is found that any interested party has supplied false or misleading information, the information may be disregarded and use may be made of facts available.

If an interested party does not cooperate or cooperates only partially and findings are therefore based on facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.

Failure to give a computerised response shall not be deemed to constitute non-cooperation, provided that the interested party shows that presenting the response as requested would result in an unreasonable extra burden or unreasonable additional cost. The interested party should immediately contact the Commission.

11.   Hearing Officer

Interested parties may request the intervention of the Hearing Officer in trade proceedings. The Hearing Officer reviews requests for access to the file, disputes regarding the confidentiality of documents, requests for extension of time limits and any other request concerning the rights of defence of interested parties and third parties as may arise during the proceeding.

The Hearing Officer may organise hearings and mediate between the interested party/-ies and Commissions services to ensure that the interested parties’ rights of defence are being fully exercised. A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. The Hearing Officer will examine the reasons for the requests. These hearings should only take place if the issues have not been settled with the Commission services in due course.

Any request must be submitted in good time and expeditiously so as not to jeopardise the orderly conduct of proceedings. To that effect, interested parties should request the intervention of the Hearing Officer at the earliest possible time following the occurrence of the event justifying such intervention. Where hearing requests are submitted outside the relevant timeframes, the Hearing Officer will also examine the reasons for such late requests, the nature of the issues raised and the impact of those issues on the rights of defence, having due regard to the interests of good administration and the timely completion of the investigation.

For further information and contact details interested parties may consult the Hearing Officer’s web pages on DG Trade’s Internet: http://ec.europa.eu/trade/trade-policy-and-you/contacts/hearing-officer/.

12.   Possibility to request a review under Article 11(3) of the basic Regulation

As this expiry review is initiated in accordance with the provisions of Article 11(2) of the basic Regulation, the findings thereof will not lead to the existing measures being amended but will lead to those measures being repealed or maintained in accordance with Article 11(6) of the basic Regulation.

If any interested party considers that a review of the measures is warranted so as to allow for the possibility to amend the measures, that party may request a review pursuant to Article 11(3) of the basic Regulation.

Parties wishing to request such a review, which would be carried out independently of the expiry review mentioned in this Notice, may contact the Commission at the address given above.

13.   Processing of personal data

Any personal data collected in this investigation will be treated in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council (14).

A data protection notice that informs all individuals of the processing of personal data in the framework of Commission’s trade defence activities is available on DG Trade’s Internet: http://ec.europa.eu/trade/policy/accessing-markets/trade-defence/

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(1)  OJ C 205, 31.5.2021, p. 4.

(2)  OJ L 176, 30.6.2016, p. 21.

(3)  Commission Implementing Regulation (EU) 2017/325 of 24 February 2017 imposing a definitive anti-dumping duty on imports of of high tenacity yarns of polyesters originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council (OJ L 49, 25.2.2017, p. 6).

(4)  Commission Implementing Regulation (EU) 2017/1159 of 29 June 2017 amending Council Implementing Regulation (EU) No 1105/2010 and Commission Implementing Regulation (EU) 2017/325 as regards the definition of the product scope of the current anti-dumping measures concerning imports of high tenacity yarns of polyesters originating in the People’s Republic of China, and providing for the possibility of repayment or remission of duties in certain cases (OJ L 167, 30.6.2017, p. 31).

(5)  Commission Staff Working Document, on Significant Distortions in the Economy of the People’s Republic of China for the Purposes of Trade Defence Investigations, 20 December 2017, SWD(2017) 483 final/2, available at: https://trade.ec.europa.eu/doclib/docs/2017/december/tradoc_156474.pdf

(6)  Documents cited in the country report may also be obtained upon a duly reasoned request.

(7)  https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52020XC0316%2802%29

(8)  All references to the publication of this Notice will be references to publication of this Notice in the Official Journal of the European Union, unless otherwise specified.

(9)  A producer is any company in the country concerned which produces the product under review, including any of its related companies involved in the production, domestic sales or exports of the product under review.

(10)  Only importers not related to producers in the country(ies) concerned can be sampled. Importers that are related to producers have to fill in Annex I to the questionnaire for these producers. In accordance with Article 127 of Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, two persons shall be deemed to be related if: (a) they are officers or directors of the other person’s business; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) a third party directly or indirectly owns, controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they control a third person directly or indirectly; or (h) they are members of the same family (OJ L 343, 29.12.2015, p. 558). Persons shall be deemed to be members of the same family only if they stand in any of the following relationships to one another: (i) husband and wife, (ii) parent and child, (iii) brother and sister (whether by whole or half blood), (iv) grandparent and grandchild, (v) uncle or aunt and nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-law, (vii) brother-in-law and sister-in-law. In accordance with Article 5(4) of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, ’’person’’ means a natural person, a legal person, and any association of persons which is not a legal person but which is recognised under Union or national law as having the capacity to perform legal acts (OJ L 269, 10.10.2013, p. 1).

(11)  The data provided by unrelated importers may also be used in relation to aspects of this investigation other than the determination of dumping.

(12)  In case of technical problems please contact the Trade Service Desk by Email: trade-service-desk@ec.europa.eu or by Tel. +32 22979797.

(13)  A ‘Sensitive’ document is a document which is considered confidential pursuant to Article 19 of the basic Regulation and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement). It is also a document protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43).

(14)  Regulation (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).

Prior notification of a concentration

(Case M.10325 – KRONOSPAN / PFLEIDERER POLSKA)

(Text with EEA relevance)

(2022/C 87/03)

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(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

Prior notification of a concentration

(Case M.10603 – CARLYLE / ALTADIA)

(Text with EEA relevance)

(2022/C 87/04)

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(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

Publication of an application for registration of a name pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

(2022/C 87/05)

This publication confers the right to oppose the application pursuant to Article 51 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council (1) within three months from the date of this publication.

SINGLE DOCUMENT

’Äkta Gränna Polkagrisar’

EU No: PGI-SE-02603 – 21 April 2020

PDO ( ) PGI (X)

1.   Name(s) [of PDO or PGI]

’Äkta Gränna Polkagrisar’

2.   Member State or Third Country

Sweden

3.   Description of the agricultural product or foodstuff

3.1.   Type of product

Class 2.3. Bread, pastry, cakes, confectionery, biscuits and other baker’s wares

3.2.   Description of the product to which the name in (1) applies

‘Äkta Gränna Polkagrisar’ is a traditional confection with red spiral stripes made of sugar flavoured with natural peppermint oil.

‘Äkta Gränna Polkagrisar’ has the following characteristics:

Morphological characteristics

Shape: Straight cylindrical stick.

Length: 10–50 cm

Diameter: 10–100 mm

Surface: Dry and smooth.

Weight: 25–350 grams

Colour: Neutral white with carmine red spiral stripes (hue NCS 1080-R), whereby the intensity of the red colour can vary slightly from one batch to the next.

Chemical characteristics

Sugar: 85–99 %

Glucose: 0–15 %

Peppermint oil

Natural red colouring – usually carmine red (E120)

Organoleptic characteristics

Flavour: A clear mint flavour which is balanced out by the sweetness after a while. A refreshing, long-lasting peppermint aftertaste.

Aroma: Minty aroma with sweet notes.

Consistency: Hard to somewhat chewy. It should be possible to cut it with a knife without it crumbling. The consistency depends on a number of environmental and other factors. The interior is porous with small, round, delicate air bubbles.

Eating experience: Initially very hard, gradually changing to chewy and soft. The air-filled holes are clearly noticeable. The air bubbles are the reason the ‘polkagris’ develops a chewy consistency in the mouth after a while.

3.3.   Feed (for products of animal origin only) and raw materials (for processed products only)

—

3.4.   Specific steps in production that must take place in the identified geographical area

To prepare ‘Äkta Gränna Polkagrisar’, sugar, glucose syrup, water and vinegar are boiled in an open pot. The batch being cooked may not contain more than 5 kg of sugar.

Once the batch reaches around 150 °C the mass is poured onto a refrigerated slab. A small part of the mass is removed and coloured red.

After the mass cools down to around 70 °C, air is worked into it and at the same time it is flavoured with peppermint oil.

Once the mass is white and porous, the ‘polkagris’ confectioner has about 10 minutes to shape the ‘polkagrisar’. The mass is shaped into an oblong before the red-coloured mass is placed on top of it. After being folded and twisted, the mass is shaped into a large ‘polkagris’ with red spiral stripes which is cut through the centre. The two halves are rolled out into thinner sticks which are again cut in the centre. This process continues until the ‘polkagrisar’ have reached the desired length and thickness.

The completed ‘polkagrisar’ are allowed to cool on a conveyor belt which is constantly moving so that the product gets the smooth, even shape that is characteristic of ‘Äkta Gränna Polkagrisar’.

3.5.   Specific rules concerning slicing, grating, packaging, etc. of the product the registered name refers to

‘Äkta Gränna Polkagrisar’ are sold wrapped in paper packaging or cellophane labelled ‘Äkta Gränna Polkagrisar’.

3.6.   Specific rules concerning labelling of the product the registered name refers to

No additional requirements other than those following from ordinary legislation.

4.   Concise definition of the geographical area

‘Äkta Gränna Polkagrisar’ are made in the parish of Gränna in the north-western part of the province of Småland.

5.   Link with the geographical area

The link with the geographical area is based on the method of making ‘Äkta Gränna Polkagrisar’, which originated in Gränna and has been maintained to this day.

The art of making ‘Äkta Gränna Polkagrisar’ was invented in the town of Gränna by Amalia Eriksson in the mid-1800s. Since then the recipe and preparation method have been handed down in an apprentice system, in which new confectioners learn the craft from an established ‘polkagris’ confectioner.

In order to obtain the special consistency that characterises ‘Äkta Gränna Polkagrisar’, a skilled ‘polkagris’ confectioner must know, among other things, how the consistency is affected by the quantities of the various ingredients, the boiling temperature, the amount of air that is worked into the mass and the final product’s size.

Too much glucose or too little water will make the ‘polkagris’ hard, while too little vinegar will make it grainy. If the mass is brought to the boil too slowly, or if the mass’s temperature is too low when it is placed on the refrigerated table, the ‘polkagris’ will stay soft. The confectioner must also ensure that the mass cools evenly by keeping it moving and constantly folding the edges.

Once the mass has cooled to the right temperature, the confectioner starts to work air into the mass by repeatedly pulling and twisting it around a hook fastened onto a wall. The air worked into the mass turns it white. If the confectioner works in too little air, there will be too few air pockets in the mass, as a result of which the ‘polkagris’ will stay hard. Too much air will make the ‘polkagris’ brittle and it will crumble more easily.

The ‘polkagris’ confectioner must also adapt the above variables to suit the final product’s size. A big ‘polkagris’ tends to be flattened by its own weight, so that the round stick shape characteristic of ‘Äkta Gränna Polkagrisar’ is lost. The ‘polkagris’ confectioner can counteract this by boiling the mass at a higher temperature or by using more glucose.

Since its beginning it has been a local product, and the special confection’s reputation spread rapidly through press articles. In the early 1900s ‘Äkta Gränna Polkagrisar’ was known throughout most of Sweden. ‘Äkta Gränna Polkagrisar’ was even exported to the United States. Today ‘Äkta Gränna Polkagrisar’ is well-known throughout Sweden and by the tourists who visit Gränna, the ‘polkagris town’.

Reference to publication of the specification

(the second subparagraph of Article 6(1) of this Regulation)

https://www.livsmedelsverket.se/globalassets/produktion-handel-kontroll/livsmedelsinformation-markning-halsopastaenden/skyddade-beteckningar/produktbeskrivning_akta_granna_polkagrisar_2021_10_04.pdf

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(1)  OJ L 343, 14.12.2012, p. 1.

Publication of an application for registration of a name pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

(2022/C 87/06)

This publication confers the right to oppose the application pursuant to Article 51 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council (1) within three months from the date of this publication.

SINGLE DOCUMENT

‘Lenticchia di Onano’

EU No: PGI-IT-02651 – 15 December 2020

PDO ( ) PGI (X)

1.   Name(s) [of PDO or PGI]

‘Lenticchia di Onano’

2.   Member State or third country

Italy

3.   Description of the agricultural product or foodstuff

3.1.   Type of product [listed in Annex XI]

Class 1.6. Fruit, vegetables and cereals, fresh or processed

3.2.   Description of product to which the name in (1) applies

‘Lenticchia di Onano’ PGI refers to the seed of the species Lens esculenta M. belonging to the cultivars ‘Lenticchia di Onano’, a local ecotype, and Eston, and is grown in the area defined in point 4. It has the following characteristics when released for consumption:

Physical characteristics

Shape: flattened lens-shape

Size: diameter of 3-8 mm

Colour: light brown, greenish varying in its intensity and degree of mottling (1-95 %) on the surface

Hull: smooth and thin

Average weight of 100 seeds: at least 4,50 g

Organoleptic characteristics

It does not need to be left to soak before cooking and, even after cooking, its seed remains intact with a velvety, fine and creamy paste.

Chemical characteristics

Total sugars: less than 1,5 %

Iron: at least 6,5 mg/100 g

‘Lenticchia di Onano’ must not have any deterioration in colour or appearance such as to compromise its characteristics; the maximum overall tolerance is 2,0 % of lentils being split, stained, damaged by weevils or discoloured. In addition, non-compliance with the size criteria is permitted for a maximum of 2,0 % of the dried product.

3.3.   Feed (for products of animal origin only) and raw materials (for processed products only)

3.4.   Specific steps in production that must take place in the identified geographical area

‘Lenticchia di Onano’ must be grown in the area defined in point 4.

3.5.   Specific rules concerning slicing, grating, packaging, etc. of the product the registered name refers to

The authorised types of packaging are as follows:

—	bags: 250 g to 5 kg

—	bags packed in a controlled atmosphere (nitrogen): 250 g to 5 kg

—	sacks: up to 25 kg

3.6.   Specific rules concerning labelling of the product the registered name refers to

In addition to the EU graphic symbol, the PGI logo, indications and the information required by law, the packaging must carry on the label the following additional indications in clear and legible print:

—	‘Lenticchia di Onano’ followed by the acronym I.G.P. [PGI] (Indicazione Geografica Protetta [Protected Geographical Indication])

—	The name, business name and address of the producer and packager

It is forbidden to add any description that is not expressly provided for. However, it is permitted to use brand names provided these have no laudatory purport and are not such as to mislead the consumer, as well as the name of the holding from whose land the product comes and other truthful and documentable indications that are permitted under Union, national or regional law and that do not conflict with the purposes and content of this product specification.

The name ‘Lenticchia di Onano’ may not be translated.

Logo

This is the PGI’s logo:

4.   Concise definition of the geographical area

The production area of the ‘Lenticchia di Onano’ Protected Geographical Indication comprises the entire administrative territory of the following municipalities in the province of Viterbo: Acquapendente, Gradoli, Grotte di Castro, Latera, Onano and San Lorenzo Nuovo.

5.   Link with the geographical area

The application for recognition of ‘Lenticchia di Onano’ is based on its reputation.

‘Lenticchia di Onano’ is characterised by a strong reputation both nationally and internationally, thanks also to the considerable commercial recognition it has received.

In its production area, referred to in point 4, ‘Lenticchia di Onano’ has always been regarded as a symbol of the local farming and gastronomic culture, where the age-old tradition dating back to Etruscan times, the favourable soil and climate conditions of the area and the lively entrepreneurial activity have increased the product’s fame and reputation.

The soils in which ‘Lenticchia di Onano’ grows are of volcanic origin (Vulsini volcanic complex) and tend to be loose, without many rocks and stones, sufficiently deep, and rich in chemical elements. These characteristics enhance the organoleptic characteristics of the product, making it possible to obtain seeds with a regular shape and without the morphological anomalies that are typical of compact soils.

These soils are naturally rich in micro elements, especially iron, and this has a number of beneficial effects on the crop, including a low total sugar content, fullness of flavour and a good shelf life.

The reputation it enjoys on the market has been growing since the end of the nineteenth century and this is confirmed by the numerous awards received in Italy and abroad.

Between the end of the nineteenth century and the beginning of the twentieth century, the product started to be identified by its place of origin Onano. The reputation of these lentils reached its height in this period. In 1874, lenticchie dionane, sponsored by the Viterbo agricultural committee, were selected by the Agriculture Directorate of the newly-established Kingdom of Italy’s Ministry of Agriculture, Industry and Trade to take part in the Paris Exposition Universelle.

Lentils were grown for their high iron content and eaten by local country people to compensate for the shortage of animal meat. Evidence shows that lentil-growing has been carried out in the Viterbo area since the Middle Ages, continuing into modern times.

In the collection of Orders, Statutes and Municipal Laws of the Community and People of Onano, dated 1561, the importance of these lentils is shown by the heavy fines imposed on persons who stole or damaged plants and products. They were not produced for the growers’ own consumption and, indeed, at the beginning of the 17th century, local administrators had to put a stop to foreign merchants buying up all the lentils at the Onano weekly market. They did this by imposing a maximum limit on the sale and export of the lentils, setting it at 18 kg per person (Letter from Duke Sforza to the Council of the Community of Onano, 1616).

Numerous sources refer to the history of ‘Lenticchia di Onano’ between the end of the 19th century and the beginning of the 20th century, when the product started to be characterised by the name of its place of origin: Onano. In 1874, lenticchie dionane, sponsored by the Viterbo agricultural committee, were selected by the Agriculture Directorate of the newly-established Kingdom of Italy’s Ministry of Agriculture, Industry and Trade to take part in the Paris Exposition Universelle. Between 1910 and 1911, ‘Lenticchia di Onano’ participated in numerous international exhibitions and had the opportunity to be appreciated in London, Paris and Buenos Aires, receiving first prizes, diplomas and gold medals for its quality.

In 1934, ‘Lenticchia di Onano’ was again selected among the typical products of Alta Tuscia and brought to the national agriculture show.

As Domenico Orzi, head of the Viterbo school of agriculture, stated in Tuscia Agricola: ‘Our school was able to display some magnificent specimens of “Lenticchia di Onano” in the fruit and vegetable section. These products are typical of the province of Viterbo and have become very important, as shown by their average annual production, which for lentils is 600 tonnes.’

Further evidence of recognition can be found in the Listino dei prezzi all’ingrosso praticati sulla piazza di Viterbo [Wholesale price list for the Viterbo market], in which, from 1936, there was a separate entry, so that a distinction could be made between lenticchia comune [common lentil] and ‘Lenticchia di Onano’ [Onano lentil], which had a listing and a market, even at wholesale level, that were distinct from the generic product.

Between the 1950s and 1960s, ‘Lenticchia di Onano’ continued to be sought after and consumed mainly in the provinces of Viterbo and Rome, although there was no lack of demand from other regions and from abroad.

The fact that ‘Lenticchia di Onano’ was included in the 1964 agreement between Italy and France for the protection of the names and origins of a number of agri-food products, and indeed was the only entry under lentils, demonstrates that there was a foreign market (Convention on the protection of appellations of origin, indications of source and designations of certain products (with protocol and annexes), signed in Rome on 28 April 1964, registered for France on 27 January 1970, in United Nations, Treaty Series, vol. 712, No 10233, New York 1972, p. 356).

Although food tastes and market demands have had a strong impact on the production of lentils at national level, ‘Lenticchia di Onano’ has continued to maintain its market share, buoyed by its history and strong reputation. This was also recognised by the Italian National Institute of Statistics (ISTAT) in its Agricultural Statistics Yearbook, where the product was still included in the table of ‘products/markets and qualities’ in 1970 (ISTAT, Annuario di statistica agraria [Agricultural Statistics Yearbook], vol. XVIII, Rome 1972, p. 242).

Nowadays, tables of statistics and current prices no longer distinguish between prices of common lentils and other lentils linked to specific places of origin. In any case, the product is given recognition on advertising leaflets for products included in ‘quality schemes’ linked to the specialities of the Lazio area, which are distributed via the marketing channels of the major Italian retailers and which always indicate the origin of ‘Lenticchia di Onano’ in order to distinguish it from common lentils. The price per kg is also different for the two types of lentil: 7,20 to 11,00 euro/kg for ‘Lenticchia di Onano’, compared with 2,30 to 4,50 euro/kg for generic lentils.

‘Lenticchia di Onano’ is the basic ingredient in many traditional recipes in the area and is appreciated by chefs and gastronomy experts because of its distinctive taste and the fact that it cooks quickly while remaining whole. It has been considered a niche product in wine and food reviews since 1931 due to it being ‘extremely renowned and widely exported’ (Touring Club Italiano, Guida Gastronomica d’Italia [Gastronomic Guide to Italy, 1931) and is still present in the high-circulation guides dedicated to discovering the flavours of the area (such as Tuscia a tavola [The Cuisine of Tuscia] by Italo Arieti, 1996, or the Guide ai sapori e ai piaceri [Guides to culinary delights and leisure activities] dedicated to Rome and Lazio, or to Tuscia, by La Repubblica and L’Espresso, 2021). ‘Lenticchia di Onano’ appears in Il Golosario. Guida alle cose buone d’Italia [Encyclopaedia of Taste. Guide to the delights of Italy] by Paolo Massobrio (single edition, 2021), also in Slow Food Revolution (Slow Food Editore, 2005) by Carlo Petrini and in Almanacco Slow Food. Prodotti e ricette per un anno [Slow Food Almanac. Products and recipes for a year] by Carlo Bogliotti (Slow Food Editore, 2021).

It can also be sampled in the restaurants in Rome where it is traditionally linked to the New Year festivities as a good omen and to bring wealth.

‘Lenticchia di Onano’ is one of the typical products of Lazio’s regional cuisine and it is also known abroad, where it is promoted by chefs famous for Italian cuisine. In 2008, the American magazine Women’s Wear Daily (WWD), known as the global fashion bible, suggested to its readers ‘Lenticchia di Onano’ among the ‘seasonal specialities’ for keeping warm in winter (https://wwd.com/fashion-news/fashion-features/in-season-winter-treats-1868335 – accessed on 26 June 2021).

Onano lentil lasagna, on the other hand, is mentioned in the book Making Artisan Pasta (Quarry Books, 2012) by Aliza Green, the famous chef and culinary expert from Philadelphia.

The Italo-Australian chef Guy Grossi included ‘Lenticchia di Onano’ in his cookery book Love Italy (Penguin Random House, 2013), wishing to showcase the efforts of the growers who are keeping the production of these ancient lentils alive.

Also from Australia, the chef Stefano ‘Steve’ Manfredi mentions ‘Lenticchia di Onano’ as one of Lazio’s most valued products, calling it ‘highly regarded’ (Stefano Manfredi’s Italian Food, Fairfax books, Crows Nest, 2013).

Gino D’Acampo, a Neapolitan chef who is extremely popular in the United Kingdom because of his TV shows, devotes a paragraph of his cookery book to the story of Onano lentils: Gino’s Italian Coastal Escape. A Taste of Italy from the Aeolian Islands to Elba, (Hodder&Stoughton, 2017).

It should also be mentioned that there is an annual festival dedicated to ‘Lenticchia di Onano’, which has taken place every year since 1964, except in exceptional circumstances. Organised by the Municipality of Onano as part of the celebration of Saint Tryphon, the festival takes place during the week of the Assumption holiday.

The reputation of the name ‘Lenticchia of Onano’ is confirmed on the web by more than 5 000 hits on Google.

‘Lenticchia di Onano’ is registered on the Lazio Region’s list of traditional agri-food products.

Reference to publication of the specification

(the second subparagraph of Article 6(1) of this Regulation)

The full text of the product specification is available on the following Internet: http://www.politicheagricole.it/flex/cm/pages/ServeBLOB.php/L/IT/IDPagina/3335”

or alternatively:

by going directly to the home page of the Ministry of Agricultural, Food and Forestry Policy (www.politicheagricole.it) and clicking on ‘Qualità’ (at the top right of the screen), then on ‘Prodotti DOP IGP STG’ (on the left-hand side of the screen) and finally on ‘Disciplinari di Produzione all’esame dell’UE’.

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(1)  OJ L 343, 14.12.2012, p. 1.