Commercial Information Circulars

24-hour hotline : 23 922 922

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

5 June 2012

Dear Sirs,

Commercial Information Circular No. 411/2012

European Union (EU)* : Termination of the Anti-dumping Proceeding on Imports of Tartaric Acid Originating in the Mainland of China, Limited to One Chinese Exporting Producer

Further to the Commercial Information Circulars Nos. 452/2011 of 29 July 2011, 288/2012 of 20 April 2012 and 293/2012 of 24 April 2012, the European Commission (the Commission) has published a decision to terminate the anti-dumping proceeding concerning imports of tartaric acid originating in the Mainland of China, limited to one Chinese exporting producer, Hangzhou Bioking Biochemical Engineering Co. Ltd. The decision can be accessed through the following link :
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:144:0043:0043:EN:PDF.

DETAILS

2. The Commission initiated the anti-dumping proceeding on 29 July 2011 on the basis of a complaint lodged by Distillerie Bonollo SpA, Industria Chimica Valenzana SpA, Distillerie Mazzari SpA, Caviro Distillerie SRL and Comercial Quimica Sarasa SL ('the complainants') on the alleged injurious dumping concerning imports of tartaric acid originating in the Mainland of China, limited to Hangzhou Bioking Biochemical Engineering Co. Ltd.

3. By a letter of 14 February 2012 to the Commission, the complainants formally withdrew their complaint. The Commission considered that the present proceeding should be terminated as the investigation had not brought to light any reasons or considerations showing that such termination would not be in the Union interest. The Commission therefore concludes that the anti-dumping proceeding concerning imports of tartaric acid originating in the Mainland of China, limited to Hangzhou Bioking Biochemical Engineering Co. Ltd, should be terminated.

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 Hangzhou Bioking Biochemical Engineering Co. Ltd, whose individual rate being 0%, and for two companies, whose individual duty rates are 4.7% and 10.1% respectively).

5. On 26 January 2011, the Commission initiated an expiry review concerning imports of tartaric acid originating in the Mainland of China as well as a review of the anti-dumping measures applicable to Hangzhou Bioking Biochemical Engineering Co. Ltd in the light of the WTO Appellate Body report entitled Mexico - Definitive Anti-Dumping Measures on Beef and Rice. Separately, on 29 July 2011, the Commission initiated an anti-dumping investigation on imports of tartaric acid originating in the Mainland of China, limited to Hangzhou Bioking Biochemical Engineering Co. Ltd.

6. To prevent Hangzhou Bioking Biochemical Engineering Co. Ltd from falling under two anti-dumping proceedings at the same time, the Council of the EU adopted on 13 April 2012 an amending regulation to exclude the company from the definitive anti-dumping measures imposed.

7. Meanwhile, as a result of the expiry review, the definitive anti-dumping duty on imports of tartaric acid originating in the Mainland of China is maintained for five years with effect from 25 April 2012.

ENQUIRIES

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

Yours faithfully,

(Ms Wendy LAU)

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.