Commercial Information Circulars

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Ref : EIC 230/2/3/2/13

2 December 2013

Dear Sirs,

Commercial Information Circular No. 959/2013

European Union (EU) * : Initiation of an Expiry Review and of Partial Interim Review and an ex officio Partial Interim Review of the Anti-dumping Measures on Imports of Citric Acid Originating in the Mainland of China

Further to the Commercial Information Circular No. 180/2013 of 1 March 2013, the European Commission (the Commission) has published a notice to initiate an expiry review and of partial interim review and an ex officio partial interim review of the anti-dumping measures imposed on imports of citric acid originating in the Mainland of China. The notice can be accessed through the following link:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2013:351:0027:0036:EN:PDF.

DETAILS

Ground for the Review

2.The expiry review and a partial interim review are initiated at the request lodged on 2 August 2013 and 10 October 2013 respectively by SA Citrique Belge and Jungbunzlauer Austria AG (the applicants) on behalf of producers representing 100% of the Union production of citric acid. The partial interim review is limited in scope to the examination of dumping as far as one exporting producer, namely, Laiwu Taihe Biochemistry Co. Ltd ('Laiwu Taihe') is concerned.

3.According to the Commission, the applicants have provided prima facie evidence in support of its allegation that, should the measures be allowed to lapse, the current import level of the product under review from the Mainland of China to the Union is likely to increase. It is also alleged that the removal of injury has been mainly due to the existence of the measures and that any recurrence of substantial imports at dumped prices from the Mainland of China would likely lead to a recurrence of injury to the Union industry. As for the request for partial interim review concerning Laiwu Taihe, the applicants are said to have provided prima facie evidence that the circumstances on the basis of which the existing measures were imposed have changed and that these changes are of a lasting nature.

4.Meanwhile, the Commission is said to have at its disposal sufficient prima facie evidence that, as far as the form of the measures and injury are concerned, the circumstances on the basis of which the existing measures were imposed have changed and that these changes are of a lasting nature. As it appears that the continued imposition of measures at the existing level may no longer be appropriate to offset the effects of injurious dumping, the Commission has decided on its own initiative to initiate a partial interim review of the form of the measures and of injury.

Review Procedures

5.Salient points of the reviews are set out below -

(a) Date of Publication of the Notice of Initiation	:	30 November 2013
(b) Product Coverage	:	Citric acid and trisodium citrate dihydrate, currently falling within CN codes ex 2918 14 00 and ex 2918 15 00.
(c) Procedures	:	In view of the potentially large number of exporting producers in the Mainland of China involved in these expiry review and partial interim reviews and in order to complete the investigation within the statutory time limits, the Commission may apply sampling. To enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all exporting 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 requested to provide the information requested in Annex I to the notice, including their identities and contact details, turnover and sales volume, activities of their companies/related companies, and indication of agreement to their possible inclusion in the sample which will involve completing a questionnaire and accepting a visit at their premises in order to verify their responses. Such information should reach the Commission within 15 days from 30 November 2013, unless otherwise specified. All interested parties wishing to submit any other relevant information regarding the selection of the sample must do so within 21 days from 30 November 2013, unless otherwise specified. If a sample is necessary, the exporting producers may be selected based on the largest representative volume of exports to the Union which can reasonably be investigated within the time available. All known exporting producers, the authorities of the Mainland of China, and associations of exporting producers will be notified of the companies selected to be in the sample. All exporting producers selected to be in the sample and any known association of exporting producers will have to submit a completed questionnaire within 37 days from the date of notification of the sample selection, unless otherwise specified. In order to obtain the information it deems necessary for its investigation with regard to Laiwu Taihe, the Commission will send a questionnaire to Laiwu Taihe and the latter must submit the completed questionnaire within 37 days from 30 November 2013, unless otherwise specified. The Commission will also send a MET claim form to Laiwu Taihe and the latter must, should it consider that market economy conditions prevail for it in respect of the manufacture and sale of the product under review, submit the completed MET claim form within 21 days from 30 November 2013, unless otherwise specified. In the previous investigation, Canada was used as a market economy third country for the purpose of establishing normal value in respect of the Mainland of China. For the purpose of the current investigation, the Commission envisages using again Canada. Interested parties are invited to comment on the appropriateness of this choice within 10 days from 30 November 2013. Subject to the provisions of the notice, all interested parties are invited to make their views known, submit information and provide supporting evidence to the Commission within 37 days from 30 November 2013, unless otherwise specified. 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. For hearings on issues pertaining to the initial stage of the investigation, the request must be submitted within 15 days from 30 November 2013. Thereafter, a request to be heard must be submitted within the specific deadlines set by the Commission in its communication with the parties. Interested parties are required to make all submissions and requests in electronic format (non-confidential submissions via e-mail, confidential ones on CD-R/DVD), and must indicate their name, address, e-mail address, telephone and fax numbers. However, any powers of attorney, signed certifications, and any updates thereof, accompanying MET claim forms or questionnaire replies must be submitted on paper, i.e. by post or by hand, at the address below. If an interested party cannot provide its submissions and requests in electronic format, it must immediately contact the Commission. For further information concerning correspondence with the Commission, interested parties may consult the relevant web page on the website of the Directorate-General for Trade (DG Trade): http://ec.europa.eu/trade/tackling-unfair-trade/trade-defence. Commission address for correspondence: European Commission Directorate-General for Trade Directorate H Office: N105 08/020 1049 Brussels Belgium Fax +32 2299 6505 E-mail : TRADE-CITRIC-ACID-DUMPING@ec.europa.eu TRADE-CITRIC-ACID-INJURY@ec.europa.eu Interested parties may request the intervention of the Hearing Officer for DG Trade, who acts as an interface between the interested parties and the Commission investigation services through reviewing requests for access to the file, disputes regarding the confidentiality of documents, requests for extension of time limits and requests by third parties to be heard. The Hearing Officer may organise a hearing with an individual interested party and mediate 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. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days from 30 November 2013. For further information and contact details, interested parties may consult the Hearing Officer's web pages on DG Trade's website.
(d) Investigation Schedule	:	The investigation will be concluded within 15 months from 30 November 2013.

BACKGROUND

6.Definitive anti-dumping duty on imports of citric acid originating in the Mainland of China has been imposed since 4 December 2008 and the current duty in force is 42.7% of the net, free-at-Union-frontier price before duty (except for eight companies whose individual duty rates range from 6.6% to 42.7%).

ENQUIRIES

7.For enquiries concerning the contents of this circular, please contact the undersigned at telephone number 2398 5684.

Yours faithfully,

(Miss Stella CHAN)
for Director-General of Trade and Industry

*The EU includes Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.