Commercial Information Circulars
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Ref : EIC 230/2/3/2/13
29 July 2011
Dear Sirs,
Commercial Information Circular No. 452/2011
European Union (EU) * : Initiation of an Anti-dumping Proceeding Concerning Imports of Tartaric Acid Originating in the Mainland of China, Limited to One Chinese Exporting Producer
Further to the Commercial Information Circulars Nos. 40/2006 of 27 January 2006 and 135/2008 of 25 February 2008, the European Commission (the Commission) has a published a notice to initiate an anti-dumping proceeding on imports of tartaric acid originating in the Mainland of China, and produced by Hangzhou Bioking Biochemical Engineering Co., Ltd. ('Hangzhou Bioking' or 'the exporting producer concerned'). The notice can be accessed through the following link :
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2011:223:0011:0015:EN:PDF.
DETAILS
Ground for the Proceeding
2. The Commission initiated the proceeding on the basis of a complaint lodged on 15 June 2011 by the following producers: Distillerie Bonollo SpA, Industria Chimica Valenzana SpA, Distillerie Mazzari SpA, Caviro Distillerie S.r.l. and Comercial Quimica Sarasa s.l. representing a major proportion, in this case more than 50% of the total Union production of tartaric acid. It was alleged that imports of the product under investigation from Hangzhou Bioking had increased overall in absolute terms and in terms of market share, resulting in substantial adverse effects on the overall performance and the financial situation of the Union industry.
Procedure
3. Salient points are set out below-
| (a) Date of Publication of the Notice | : | 29 July 2011 |
| (b) Product Coverage | : | Tartaric acid, excluding D-(-)- tartaric acid with a negative optical rotation of at least 12.0 degrees, measured in a water solution according to the method described in the European Pharmacopoeia, currently falling within CN code ex 2918 12 00. This CN code is given for information only. |
| (c) Procedures | : | The exporting producer concerned of the product under investigation is invited to participate in the Commission's investigation. For this purpose, it has to submit a completed questionnaire containing information on, inter alia, the structure of the company, the activities of the company in relation to the product under investigation, the cost of production, the sales of the product under investigation on the domestic market of the country concerned and the sales of the product under investigation to the Union. In order to obtain the information it deems necessary for its investigation, the Commission will send a questionnaire to the exporting producer concerned and to the authorities of the Mainland of China. The Commission will also send market economy status claim forms to the exporting producer concerned and to the authorities of the Mainland of China. Duly substantiated claims for market economy status and/or for individual treatment must reach the Commission within 15 days from 29 July 2011, unless otherwise specified. It is envisaged to choose Argentina as a market economy country for the purpose of establishing normal value in respect of the Mainland of China. Interested parties are invited to comment on the appropriateness of this choice within 10 days from 29 July 2011. All interested parties may request to be heard by the Commission. Request to be heard 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, request must be submitted within 15 days from 29 July 2011. Thereafter, a request to be heard should be submitted within the specific deadlines set by the Commission in its communication with the parties. Interested parties should make all submissions and requests in electronic format (the non-confidential submissions via e-mail, the confidential ones on CD-R/DVD), and must indicate the name, address, e-mail, address, telephone and fax numbers of the interested party. However, any Powers of Attorney and signed certifications accompanying questionnaire replies or any updates thereof shall be submitted on paper, i.e. by post or by hand, at the address below. For further information concerning correspondence with the Commission, interested parties may consult the relevant web page on the website of Directorate- General for Trade: http://ec.europa.eu/trade/tackling-unfair-trade/ trade-defence/ Commission address for correspondence:
European Commission
Dumping team:
Injury team: Interested parties may request the intervention of the Hearing Officer of 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 on the confidentiality of documents, requests for extension of time limits and requests by third parties to be heard. 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 investigation, the request must be submitted within 15 days from 29 July 2011. For further information and contact details, interested parties may consult the Hearing Officer's web pages on the website of DG Trade (http://ec.europa.eu/trade/tackling-unfair-trade/hearing- officer/index_en.htm). |
| (d) Investigation Schedule | : | Provisional measures may be imposed no later than nine months from 29 July 2011. Investigation will be concluded within 15 months from 29 July 2011. |
BACKGROUND
4. Definitive anti-dumping duty on imports of tartaric acid originating in the Mainland of China has been imposed since 28 January 2006. The rate of duty is 34.9% of the net, free-at-Union-frontier price before duty (except for three companies with individual duty rates ranging from 0% to 10.1%).
ENQUIRIES
5. For enquiries concerning the contents of this circular, please contact the undersigned at telephone number 2398 5684.
Yours faithfully,
(Alex LI)
for Director-General of Trade and Industry
* The EU includes Austria, Belgium, Bulgaria, 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.
Note ：
- (1) While every effort is made to ensure the accuracy of the above information, the Department cannot guarantee this to be so and will not be held liable for any reliance placed on the same.
- (2)The biweekly newsletter "Business Alert - EU" of the Hong Kong Trade Development Council provides up-to-date information on the latest developments in EU trade policy and trade regulations. The newsletter is available for free e-subscription and can be accessed through
http://www.tdctrade.com/alert/eualert.htm.