Commercial Information Circulars

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

16 December 2014

Dear Sirs,

Commercial Information Circular No. 1059/2014

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. 411/2012 of 5 June 2012 and 546/2012 of 13 July 2012, the European Commission ('the Commission') has announced the initiation of an anti-dumping proceeding on imports of tartaric acid originating in the Mainland of China, limited to one Chinese exporting producer, Hangzhou Bioking Biochemical Engineering Co. Ltd. The notice can be accessed through the following link:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52014XC1204(03)&from=EN.

DETAILS

2.Salient points are set out below-

(a) Date of Publication of the Notice	:	4 December 2014
(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 it deems necessary for its investigation with regard to exporting producers, the Commission will send questionnaires to the exporting producer concerned and to the authorities of the Mainland of China. The Commission will send market economy treatment (MET) claim form to the exporting producer concerned as well as to the authorities of the Mainland of China. Completed MET claim form must be submitted within 21 days from 4 December 2014, unless otherwise specified. All interested parties may make their views known, submit information and provide supporting evidence within 37 days from 4 December 2014, unless otherwise specified. All interested parties may request to be heard by the Commission investigation services. Any 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 4 December 2014. 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 invited to make all submissions and requests by e-mail including scanned powers of attorney and certification sheets, with the exception of voluminous replies which shall be submitted on a CD-ROM or DVD by hand or by registered mail. By using e-mail, interested parties express their agreement with the rules applicable to electronic submissions contained in the document 'CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES' published on the website of the Directorate - General for Trade (DG Trade): http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf. They must indicate their name, address, telephone and a valid e-mail address and should ensure that the provided e-mail address is a functioning official business e-mail which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by e-mail only, unless they explicitly request to receive all documents from the Commission by another means of communication or unless the nature of the document to be sent requires the use of a registered mail. For further rules and information concerning correspondence with the Commission including principles that apply to submissions by e-mail, interested parties should consult the communication instructions with interested parties referred to in the notice. Commission address for correspondence: European Commission Directorate-General for Trade Directorate H Office: CHAR 04/039 1040 Brussels Belgium E-mail: TRADE-AD614-TARTARIC-DUMPING@ec.europa.eu TRADE-AD614-TARTARIC-INJURY@ec.europa.eu Interested parties may request the intervention of the Hearing Officer in trade proceedings, 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 4 December 2014. For further information and contact details, interested parties may consult the Hearing Officer's web pages on DG Trade's website: http://ec.europa.eu/trade/trade-policy-and-you/contacts/#_hearing-officer.
(d) Investigation Schedule	:	Provisional measures may be imposed no later than nine months from 4 December 2014. The investigation will be concluded within 15 months from 4 December 2014.

BACKGROUND

3.Definitive anti-dumping duty on imports of tartaric acid originating in the Mainland of China has been imposed since 28 January 2006. As a result of an expiry review, the definitive anti-dumping duty is maintained for five years with effect from 25 April 2012. Following the adoption of a Commission Decision, the anti-dumping proceeding against Hangzhou Bioking Biochemical Engineering Co. Ltd was terminated on 6 June 2012. Subsequent to an interim review, the rate of duty has become 34.9% of the net, free-at-Union-frontier price before duty (except for two companies, whose individual duty rates are 13.1% and 8.3% respectively) since 14 July 2012.

4.The Commission has now initiated another proceeding against Hangzhou Bioking Biochemical Engineering Co. Ltd on the basis of a complaint of dumping lodged on 21 October 2014 by Distillerie Bonollo S.r.l., Caviro Distillerie S.r.l., Industria Chimica Valenzana S.p.a. and Distilleries Mazzari S.p.a. ('the complainants'), representing more than 25% of the total Union production of tartaric acid. The complainants are said to have provided evidence that imports of the concerned product from the Mainland of China produced by Hangzhou Bioking Biochemical Engineering Co. Ltd had increased overall in absolute terms and in terms of market share, resulting in substantial adverse effects on the overall performance and the financial of the Union industry, among other consequences.

ENQUIRIES

5.For traders involved in the exports of the subject product from the Guangdong Province, please contact Zhang Ping, Director of Trade Remedy Division, Department of Commerce of Guangdong Province, at telephone number 8620 3881 9936. The Division is responsible for, among others, guiding and coordinating enterprises in Guangdong Province in responding to anti-dumping investigations against products from the province.

6.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.

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.
Note 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.