On 12th December 2019 the European Commission imposed new punitive duties on ceramics from China as part of a new implementing regulation imposing a definitive anti-dumping duty.
The Commission announced that Chinese exporters of tableware and kitchenware products involved in circumvention of the EU anti-dumping measures will be subject to a double anti-dumping duty rate of around 36%.
Customs investigations into anti-dumping circumvention in 2019
Already in May 2013, the European Council imposed a definitive anti-dumping duty on imports of tableware and other articles of Chinese ceramic tableware and kitchenware.
In March last year, the German customs authorities and the European Anti-Fraud Office (OLAF)Investigations into the circumvention ofAnti-dumping duties Ceramics and porcelain from China recorded.
The background was that exports by some Chinese companies had risen sharply in the last five years (2014 – 2018).
Fraud in producer-specific anti-dumping duties
During the investigations, the EU was able to demonstrate that Chinese companies were circumventing anti-dumping duties to a significant extent. Various Chinese companies had channelled their exports of ceramics through other companies subject to lower anti-dumping duties of around 18%.
In total, the investigation showed that more than 30 companies were found to have participated in the circumvention of the duties. These companies have been subject to the higher duty rate of around 36 % since 21 March 2019.
Ceramics from China subject to anti-dumping duties
The products concerned within the meaning of the European Commission Regulation are tableware, kitchenware, kitchenware and other ceramic articles for table or kitchen use originating in the PRC, currently classifiable within the Customs tariff numbers
- ex 6911 10 00,
- ex 6912 00 21,
- ex 6912 00 23,
- ex 6912 00 25
- and ex 6912 00 29
(TARIC codes 6911100090, 6912002111, 6912002191, 6912002310, 6912002510 and 6912002910).
Products not concerned are:
- Ceramic spice mills and their ceramic grinding parts
- Ceramic coffee grinders
- Ceramic knife sharpener
- Ceramic sharpener
- Ceramic kitchen utensils for cutting, grinding, grating, slicing, scraping and peeling, and
- Pizza stones of cordierite ceramics of a kind used for baking pizza or bread
All companies importing tableware and other ceramic tableware and kitchenware from China into the Union could therefore face the threat of high additional anti-dumping duties.
You should check at an early stage whether you are purchasing affected articles from companies which the European Commission has sanctioned with the increased duty rate.
Prison sentences for commercial smuggling
Irrespective of significant subsequent customs duties on all imports since 2013, prison sentences ranging from six months to ten years for Customs evasion.
Importers concerned should consider whether they can defend themselves against subsequent recovery and what measures they would have to take to do so. Entrepreneurs who have intentionally participated in the circumvention have the possibility of a self-denunciation, the conditions of which they should have checked.