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            COMMISSION REGULATION (EC) No 1259/2005

of 27 July 2005         

imposing a provisional anti-dumping duty on imports of tartaric acid originating in the People’s Republic of China

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’) and in particular Article 7 thereof,

After consulting the Advisory Committee,

Whereas:

1.   PROCEDURE

1.1.   Initiation

1.2.   Parties concerned by the proceeding

1.3.   Investigation period

2.   PRODUCT CONCERNED AND LIKE PRODUCT

2.1.   Product concerned

2.2.   Like product

3.   DUMPING

3.1.   Market economy treatment (MET)

3.2.   Normal value

3.2.1.   Determination of normal value for exporting producers granted MET

3.2.2.   Determination of normal value for exporting producers not granted MET

(a)   Analogue country

(b)   Normal value

3.3.   Export price

3.4.   Comparison

3.5.   Dumping margin

3.5.1.   For the co-operating exporting producers granted MET

3.5.2.   For all other exporting producers

4.   INJURY

4.1.   Community production

4.2.   Definition of the Community industry

4.3.   Community consumption

4.4.   Imports into the Community from the country concerned

4.4.1.   Volume and Market share of imports concerned

4.4.2.   Prices of imports and undercutting

4.5.   Situation of the Community industry

4.5.1.   Production, production capacity and capacity utilisation

4.5.2.   Stocks

4.5.3.   Sales volume, market shares, growth and average unit prices in the Community

4.5.4.   Profitability

4.5.5.   Return on investments, cash flow, investments and ability to raise capital

4.5.6.   Employment, productivity and wages

4.5.7.   Magnitude of the actual margin of dumping

4.5.8.   Conclusion on injury

5.   CAUSATION

5.1.   Preliminary remark

5.2.   Impact of the imports from the PRC

5.3.   Impact of imports from third countries

5.4.   Impact of the regulatory framework

5.5.   Impact of exports by the Community industry

5.6.   Impact of sales by other Community producers

5.7.   Conclusion on causation

6.   COMMUNITY INTEREST

6.1.   General considerations

6.2.   Interest of the Community industry

6.3.   Interest of suppliers

6.4.   Interest of users

6.5.   Conclusion on Community interest

7.   ANTI-DUMPING MEASURES

7.1.   Injury elimination level

7.2.   Provisional measures

8.   FINAL PROVISION

HAS ADOPTED THIS REGULATION:

Article 1

1.   A provisional anti-dumping duty is hereby imposed on imports of tartaric acid, falling within CN code 2918 12 00, originating in the People’s Republic of China.

2.   The rate of the provisional anti-dumping duty applicable, before duty, to the net free-at-Community-frontier price shall be:

3.   The release for free circulation in the Community of the product referred to in paragraph 1 shall be subject to the provision of a security, equivalent to the amount of the provisional duty.

4.   Unless otherwise specified, the provisions in force concerning customs duties shall apply.

Article 2

Without prejudice to Article 20 of Council Regulation (EC) No 384/96, interested parties may request disclosure of the essential facts and considerations on the basis of which this Regulation was adopted, make their views known in writing and apply to be heard orally by the Commission within one month of the date of entry into force of this Regulation.

Pursuant to Article 21(4) of Regulation (EC) No 384/96, the parties concerned may comment on the application of this Regulation within one month of the date of its entry into force.

Article 3

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

Article 1 of this Regulation shall apply for a period of six months.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 July 2005.

For the Commission

Peter MANDELSON            

Member of the Commission

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(1)OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(2)OJ C 267, 30.10.2004, p. 4.

(3)              European Commission, Directorate-General for Trade, Direction B, B-1049 Brussels, Belgium.

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