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Commission Implementing Regulation (EU) 2026/1085of 20 May 2026making imports of certain acrylic esters originating in the People’s Republic of China, the Kingdom of Saudi Arabia, the Republic of South Africa, and the United States of America subject to registration with a view to allowing the levy of anti-dumping duties on the imports subject to registration

Den Europæiske UnionForordning2026

European Union

Commission Implementing Regulation (EU) 2026/1085 of 20 May 2026 making imports of certain acrylic esters originating in the People’s Republic of China, the Kingdom of Saudi Arabia, the Republic of South Africa, and the United States of America subject to registration with a view to allowing the levy of anti-dumping duties on the imports subject to registration THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union OJ 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 12 March 2026, the European Commission (the Commission) announced, by a notice published in the Official Journal of the European Union OJ C, C/2026/1469, 12.3.2026, ELI: http://data.europa.eu/eli/C/2026/1469/oj. , the initiation of an anti-dumping proceeding with regard to imports into the Union of certain acrylic esters originating in the People’s Republic of China (China), the Kingdom of Saudi Arabia (Saudi Arabia), the Republic of South Africa (South Africa), and the United States of America (US). (2) This initiation followed a complaint lodged on 28 January 2026 by the Consortium for certain acrylic esters on behalf of producers representing more than 25 % of the total Union production of certain acrylic esters.

  1. PRODUCT SUBJECT TO REGISTRATION (3) The product subject to registration (the product concerned) is certain acrylic esters (AE) which are butyl acrylate (BA), currently falling under Chemical Abstracts Service (CAS) number 141-32-2 and Customs Union and Statistics (CUS) code 0012413-0, and 2-ethylhexyl acrylate (2EHA), currently falling under CAS number 103-11-7 and CUS code 0017228-1 originating in the People’s Republic of China, the Kingdom of Saudi Arabia, the Republic of South Africa, and the United States of America. (4) The product concerned is currently classified under CN code ex29161200 (TARIC code 2916120015).
  2. REGISTRATION (5) Under Article 14(5) of the basic Regulation (EU), imports of the product concerned may be made subject to registration. (6) The purpose of registration is to ensure that anti-dumping duties, if any, can be levied retroactively on the imports subject to registration in accordance with the applicable legal provisions, if the necessary conditions are met. (7) The Commission has decided to make imports of the product concerned subject to registration on its own initiative 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. (8) Any future liability would emanate from the findings of the anti-dumping investigation. (9) The calculations provided in the complaint requesting the initiation of an anti-dumping investigation estimate the dumping margins at the following levels: (i) between 43,51 % and 48,22 % for China; (ii) 37,35 % for Saudi Arabia; (iii) 67,88 % for South Africa; and (iv) between 23,97 % and 30,49 % for the US for the product concerned for the period 1 July 2024 – 30 June 2025. The corresponding injury elimination levels were estimated as follows: (i) between 30 % and 40 % for China; (ii) between 10 % and 20 % for Saudi Arabia; (iii) between 30 % and 40 % for South Africa; and (iv) between 10 % and 20 % for the US. The amount of possible future liability would normally be set at the lower of the dumping or injury level according to Article 9(4) 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) However, 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 Council 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, ELI: http://data.europa.eu/eli/reg/2018/1725/oj). 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, HAS ADOPTED THIS REGULATION:

Article 1

  1. The customs authorities are hereby directed, under Article 14(5) of Regulation (EU) 2016/1036, to take the appropriate steps to register imports into the Union of certain acrylic esters which are butyl acrylate, currently falling under CAS RN 141-32-2 and CUS 0012413-0, and 2-ethylhexyl acrylate, currently falling under CAS RN 103-11-7 and CUS 0017228-1, currently classified under CN code ex29161200 (TARIC code 2916120015) and originating in the People’s Republic of China, the Kingdom of Saudi Arabia, the Republic of South Africa, and the United States of America.
  2. Registration shall expire nine months following the date of entry into force of this Regulation.

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, 20 May 2026. For the Commission The President Ursula von der Leyen

Metadata

Type
Forordning
År
2026
Ikrafttrædelsesdato
1. januar 1970