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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
Brand Hong Kong - Asia world city

Commercial Information Circulars

24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

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

26 January 2011

Dear Sirs,

Commercial Information Circular No. 74/2011

European Union (EU)* : Initiation of an Expiry Review and a Review of the Anti-dumping Measures Applicable to Imports of Tartaric Acid Originating in the Mainland of China

Further to the Commercial Information Circular No. 350/2010 of 4 August 2010, the European Commission (the Commission) has published a notice to initiate an expiry review and a review of the anti-dumping measures applicable to a Chinese producer concerning 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:2011:024:0014:0018:EN:PDF.

DETAILS

Ground for the Expiry Review

2. The expiry review is initiated at the request lodged on 27 October 2010 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 Union production of tartaric acid. The request is based on the grounds that the expiry of the measures would be likely to result in continuation of dumping and continuation of injury to the Union industry.

Review Procedures

3. Salient points of the expiry review are set out below-

(a) Date of Publication of the Notice of Initiation : 26 January 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, falling within CN code ex 2918 12 00 (TARIC code 2918 12 00 90).

(c) Procedures :

In view of the apparent large number of parties involved in the proceeding, the Commission may apply sampling. To enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all exporters/producers, or representatives acting on their behalf should make themselves known to the Commission and provide information requested in paragraph 5.1 (a) (i) of the notice in question, including contact details, turnover, activities of their company/related companies, production, and indication of agreement for being included in the sample which implies replying to a questionnaire and accepting an on-the-spot investigation. Such information should reach the Commission within 15 days from 26 January 2011. All interested parties wishing to submit any relevant information regarding the selection of the sample must do so within 21 days from 26 January 2011. The Commission intends to make the final selection of the samples after having consulted the parties concerned that have expressed their willingness to be included in the sample.

In order to obtain necessary information for the investigation, the Commission will send questionnaires to, among others, the Union industry, sampled exporters/producers in the Mainland of China, any association of exporters/producers, sampled importers, any association of importers, and the authorities of the Mainland of China.

If sampling is applied, sampled parties must reply to the questionnaires within 37 days from the date of the notification of their inclusion in the sample, unless otherwise specified.

All interested parties should request a questionnaire or other claim forms within 15 days from 26 January 2011.

All interested parties, if their representations are to be taken into account, must make themselves known by contacting the Commission, present their views and submit questionnaire replies or any other information within 37 days from 26 January 2011, unless otherwise specified. They may also apply to be heard by the Commission within 37 days from 26 January 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 26 January 2011.

All correspondence must be made in writing (not in electronic format, unless otherwise specified) indicating the name, address, e-mail address, telephone and fax numbers of the interested party and should be sent to the following address :

European Commission
Directorate-General for Trade
Directorate H
Office: N-105 04/92
1049 Brussels
Belgium
Fax: +32 22956505

If interested parties consider that they are encountering difficulties in the exercise of their rights of defence, they may request the intervention of the Hearing Officer, who offers, where necessary, mediation on procedural matters affecting the protection of their interests in this proceeding, in particular, with regard to issues concerning access to the file, confidentiality, extension of time limits and the treatment of written and/or oral submission of views. 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).

(d) Investigation Schedule : Investigation will be concluded within 15 months from 26 January 2011.

Review of the Existing Anti-dumping Measures on Hangzhou Bioking Biochemical Engineering Co., Ltd ("Hangzhou Bioking")

4. Separately, in light of the report of the Appellate Body of the World Trade Organization in the Mexico - Beef and Rice case, the Commission considers that the continued imposition of the measures on Hangzhou Bioking is no longer appropriate and should be amended accordingly. The Commission therefore initiates a review of the measures in order to allow any amendment necessary.

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

  • (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.