3.3.1.1.
Procedure for the determination of the normal value under Article 2(6a) of the basic Regulation for the imports of (product under review) originating in the PRC
(50) Given the sufficient evidence available at the initiation of the investigation tending to show, with regard to the PRC, the existence of significant distortions within the meaning of point (b) of Article 2(6a) of the basic Regulation, the Commission initiated the investigation on the basis of Article 2(6a) of the basic Regulation.
(51) In order to obtain information it deemed necessary for its investigation with regard to the alleged significant distortions, the Commission sent a questionnaire to the GOC. In addition, in point 5.3.2 of the Notice of Initiation, the Commission invited all interested parties to make their views known, submit information and provide supporting evidence regarding the application of Article 2(6a) of the basic Regulation within 37 days of the date of publication of the Notice of Initiation in the
Official Journal of the European Union
. No questionnaire reply was received from the GOC and no submission on the application of Article 2(6a) of the basic Regulation was received within the deadline. Subsequently, the Commission informed the GOC that it would use facts available within the meaning of Article 18 of the basic Regulation for the determination of the existence of the significant distortions in the PRC.
(52) In point 5.3.2 of the Notice of Initiation, the Commission also specified that, in view of the evidence available, it might need to select an appropriate representative country pursuant to Article 2(6a)(a) of the basic Regulation for the purpose of determining the normal value based on undistorted prices or benchmarks. The Commission further stated that it would examine other possibly appropriate countries in accordance with the criteria set out in first indent of Article 2(6a) of the basic Regulation.
(53) On 1 March 2024, the Commission informed interested parties by a note on the relevant sources (‘the Note’) it intended to use for the determination of the normal value. In that note, the Commission provided a list of all factors of production such as raw materials, labour and energy used in the production of oxalic acid. In the absence of cooperation from the Chinese exporting producers, the Commission identified the main factors of production based on the information contained in the request and provided by one Union producer. In addition, the Commission informed interested parties that it had selected a representative country, namely Colombia, as an appropriate representative country. It also informed interested parties that it would establish selling, general and administrative costs (‘SG & A’) and profits based on available information for the company Sucroal SA, a producer of the product in the same sector as oxalic acid, namely citric acid in Colombia.
(54) The Commission received comments only from one Union producer. These comments were addressed in recital (214).
3.3.1.2.
Normal value
(55) According to Article 2(1) of the basic Regulation, ‘the normal value shall normally be based on the prices paid or payable, in the ordinary course of trade, by independent customers in the exporting country’.