Commercial Information Circulars
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Ref : EIC 230/2/3/2/13
29 July 2011
Dear Sirs,
Commercial Information Circular No. 453/2011
European Union (EU) * : Initiation of a Partial Interim Review of the Anti-dumping Measures on Imports of Tartaric Acid Originating in the Mainland of China
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 a partial interim review of the anti-dumping measures on imports of tartaric 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:2011:223:0016:0018:EN:PDF.
DETAILS
Ground for the Review
2. The review was initiated at the request lodged by the following producers in the Union: Distillerie Bonollo SpA, Industria Chimica Valenzana SpA, Distillerie Mazzari SpA, Caviro Distillerie S.r.l. and Comercial Quimica Sarasa s.l. (the applicants), and is limited in scope to the examination of dumping as far as two exporting producers, namely Changmao Biochemical Engineering Co., Ltd, Changzhou City, and Ninghai Organic Chemical Factory, Ninghai ('the exporting producers') are concerned.
3. The applicants have provided prima facie evidence that, as far as the two exporting producers are concerned, the circumstances on the basis of which the existing measures were imposed have changed and that these changes are of lasting nature. In particular, the applicants have provided prima facie evidence showing that, as far as the two exporting producers are concerned, the continued imposition of the measure at their current level is no longer sufficient to counteract the injurious dumping. A comparison of the exporting producers’ constructed normal value with their export prices to the Union indicates that the dumping margin appears to be substantially higher than the current level of the measures. Therefore, the continued imposition of measures at the existing level, which was based on the level of dumping previously established, appears to be no longer sufficient to offset dumping.
Review Procedures
4. Salient points of the partial interim review 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 | : | In order to obtain information for the investigation, the Commission will send questionnaires to the two exporting producers and to the authorities of the Mainland of China. This information and supporting evidence should reach the Commission within 37 days from 29 July 2011, unless otherwise specified. ll interested parties must make themselves known, present their views and submit questionnaire replies or any other information within 37 days from 29 July 2011, unless otherwise specified. They may also apply to be heard within 37 days from 29 July 2011. The Commission will also send market economy treatment or individual treatment claims form to the exporting producers as well as to the authorities of the Mainland of China. The exporting producers' duly substantiated claim for market economy treatment and/or for individual treatment must reach the Commission within 15 days from 29 July 2011. It is envisaged to choose Argentina again 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. Interested parties should make all submissions and requests in electronic format (the non-confidential submissions via email, the confidential ones on CD-R/DVD), and must indicate the name, address, email 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 the Directorate-General for Trade (http://ec.europa.eu/trade/tackling- unfair-trade/trade-defence/). Commission address for correspondence:
European Commission 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. Thereafter, a request to be heard should be submitted within the specific deadlines set by the Commission in its communication with the parties. 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 | : | Investigation will be concluded within 15 months from 29 July 2011. |
BACKGROUND
5. 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
6. 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 ：
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