Notice of initiation of an anti-dumping proceeding concerning imports of tartaric acid originating in the People's Republic of China
Date: 2004-10-30
Institutions: European Commission
Subjects: China, anti-dumping legislation, import, organic acid, originating product

C 267/4

EN

Official Journal of the European Union

30.10.2004

Notice of initiation of an anti-dumping proceeding concerning imports of tartaric acid originating
in the People's Republic of China

(2004/C 267/05)

The Commission has received a complaint pursuant to Article
5 of Council Regulation (EC) No 384/96 (1), (the basic Regu-
lation), alleging that imports of tartaric acid, originating in the
People's Republic of China (the country concerned), are being
dumped and are thereby causing material injury to the Com-
munity industry.

1. Complaint

The complaint was lodged on 24 September 2004 by the
following producers (the complainant): Legré-Mante SA, Indus-
tria Chimica Valenzana SpA, Distilleries Mazzari Spa, Alcoho-
lera Vinicola Europea SA. and Comercial Quimica Sarasa sl,
representing a major proportion, in this case more than 50 %,
of the total Community production of tartaric acid.

2. Product

The product allegedly being dumped is tartaric acid originating
in the People's Republic of China (the product concerned),
normally declared within CN code 2918 12 00. This CN code
is only given for information.

3. Allegation of dumping

In view of the provisions of Article 2(7) of the basic Regulation,
the complainant established normal value for the People's
the price in a market
Republic of China on the basis of
economy country, which is mentioned in paragraph 5.1(c) of
this notice. The allegation of dumping is based on a compar-
ison of normal value, thus calculated, with the export prices of
the product concerned when sold for export
to the Com-
munity.

On this basis, the dumping margin calculated is significant.

4. Allegation of injury

The complainant has provided evidence that imports of the
product concerned from the People's Republic of China have
increased overall
in absolute terms and in terms of market
share.

It is alleged that the volumes and the prices of the imported
product concerned have, among other consequences, had a
negative impact on the level of prices charged by the Com-
munity industry, resulting in substantial adverse effects on the
overall performance and the financial situation of the Com-
munity industry.

(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.

5. Procedure

Having determined, after consulting the Advisory Committee,
that the complaint has been lodged by or on behalf of the
Community industry and that there is sufficient evidence to
justify the initiation of a proceeding, the Commission hereby
initiates an investigation pursuant to Article 5 of the basic
Regulation.

5.1. Procedure for the determination of dumping and injury

investigation will

The
the product
concerned originating in the People's Republic of China is
being dumped and whether this dumping has caused injury.

determine whether

(a) Questionnaires

In order to obtain the information it deems necessary for
its investigation, the Commission will send questionnaires
to the Community industry and to any association of
producers in the Community, to the exporters/producers in
the People's Republic of China, to any association of expor-
ters/producers,
to any association of
importers named in the complaint and to the authorities of
the exporting country concerned.

to the importers,

In any event, all parties should contact the Commission
forthwith by fax, but not later than the time limit set out in
paragraph 6(a)(i) of
to find out
this notice,
whether they are listed in the complaint and, if necessary,
request a questionnaire, given that the time limit set in
paragraph 6(a)(ii) of this notice applies to all such interested
parties.

in order

(b) Collection of information and holding of hearings

submit

All interested parties are hereby invited to make their views
known,
than questionnaire
replies and to provide supporting evidence. This informa-
tion and supporting evidence has to reach the Commission
within the time limit set in paragraph 6(a)(ii) of this notice.

information other

Furthermore, the Commission may hear interested parties,
provided that they make a request showing that there are
particular reasons why they should be heard. This request
must be made within the time limit set
in paragraph
6(a)(iii) of this notice.

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Official Journal of the European Union

C 267/5

(c) Selection of the market economy country

6. Time limits

In accordance with Article 2(7)(a) of the basic Regulation, it
is envisaged to choose Argentina as an appropriate market
economy country for the purpose of establishing normal
value in respect of the People's Republic of China. Inter-
ested parties are hereby invited to comment on the appro-
priateness of this choice within the specific time limit set in
paragraph 6(b) of this notice.

(a) General time limits

(i) F o r p a r t i e s

t o r e q u e st

a q u e sti on n a i r e or

o t h e r c la i m f or m s

All interested parties should request a questionnaire or
other claim form as soon as possible, but not later
than 15 days after the publication of this notice in the
Official Journal of the European Union.

(d) Market economy status

For those exporters/producers in the People's Republic of
China who claim and provide sufficient evidence that they
i.e. that they
operate under market economy conditions,
meet the criteria laid down in Article 2(7)(c) of the basic
Regulation, normal value will be determined in accordance
with Article 2(7)(b) of
the basic Regulation. Exporters/
producers intending to submit duly substantiated claims
must do so within the specific time limit set in paragraph
6(c) of this notice. The Commission will send claim forms
to all exporters/producers in the People's Republic of China
named in the complaint and to any association of expor-
ters/producers named in the complaint, as well as to the
authorities of the People's Republic of China.

(ii) F or p a r ti e s

t o ma ke th e mse lve s know n,

to
su bmi t q u e sti onnai r e r e p li e s and a ny ot h e r
i nfor ma ti on

All interested parties, if their representations are to be
taken into account during the investigation, must make
themselves known by contacting the Commission,
present their views and submit questionnaire replies or
any other information within 40 days of the date of
publication of this notice in the Official Journal of the
European Union, unless otherwise specified. Attention is
drawn to the fact that the exercise of most procedural
rights set out in the basic Regulation depends on the
party's making itself known within the aforementioned
period.

(iii) H e a r i ng s

All interested parties may also apply to be heard by
the Commission within the same 40-day time limit.

5.2. Procedure for assessment of Community interest

(b) Specific time limit
economy country

for

the selection of

the market

and

representative

In accordance with Article 21 of the basic Regulation and in
the event that the allegations of dumping and injury caused
thereby are substantiated, a decision will be reached as to
whether the adoption of anti-dumping measures would not be
against the Community interest. For this reason the Community
industry, importers, their representative associations, represen-
tative users
consumer organisations,
provided that they prove that there is an objective link between
their activity and the product concerned, may, within the
general time limits set in paragraph 6(a)(ii) of this notice, make
themselves known and provide the Commission with informa-
tion. The parties which have acted in conformity with the
precedent sentence may request a hearing setting the particular
reasons why they should be heard within the time limit set in
paragraph 6(a)(iii) of this notice. It should be noted that any
information submitted pursuant to Article 21 will only be
taken into account if supported by factual evidence at the time
of submission.

this notice,

Parties to the investigation may wish to comment on the
appropriateness of Argentina which, as mentioned in para-
is envisaged as a market
graph 5.1(c) of
economy country for the purpose of establishing normal
value in respect of the People's Republic of China. These
comments must reach the Commission within 10 days of
the date of publication of this notice in the Official Journal
of the European Union.

(c) Specific time limit for submission of claims for market

economy status and/or individual treatment

Duly substantiated claims for market economy status, as
mentioned in paragraph 5.1(d) of this notice and/or for
individual treatment pursuant to Article 9(5) of the basic
Regulation, must reach the Commission within 21 days of
the date of publication of this notice in the Official Journal
of the European Union.

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Official Journal of the European Union

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7. Written submissions, questionnaire replies and corre-

8. Non-cooperation

spondence

All submissions and requests made by interested parties must
be made in writing (not in electronic format, unless otherwise
specified) and must indicate the name, address, e-mail address,
telephone and fax, and/or telex numbers of the interested party.
All written submissions, including the information requested in
this notice, questionnaire replies and correspondence provided
by interested parties on a confidential basis shall be labelled as
‘Limited’ (1) and, in accordance with Article 19(2) of the basic
Regulation,
accompanied by a non-confidential
version, which will be labelled ‘For inspection by interested
parties’.

shall be

In cases in which any interested party refuses access to or does
not provide the necessary information within the time limits,
or significantly impedes the investigation, provisional or final
findings, affirmative or negative, may be made in accordance
with Article 18 of the basic Regulation, on the basis of the
facts available.

Where it is found that any interested party has supplied false or
misleading information, the information shall be disregarded
and use may be made of the facts available. If an interested
party does not cooperate or cooperates only partially, and find-
ings are therefore based on facts available in accordance with
Article 18 of the basic Regulation,
the result may be less
favourable to that party than if it had cooperated.

Commission address for correspondence:

9. Schedule of the investigation

European Commission
Directorate-General for Trade
Directorate B
Office: J-79 5/16
B-1049 Brussels
Fax (32-2) 295 65 05
Telex COMEU B 21877.

The investigation will be concluded, according to Article 6(9)
of the basic Regulation within 15 months of the date of the
publication of this notice in the Official Journal of the European
Union. According to Article 7(1) of the basic Regulation, provi-
sional measures may be imposed no later than nine months
from the publication of this notice in the Official Journal of the
European Union.

(1) This means that

the document

is for internal use only.

the European Parliament and of

is
protected pursuant to Article 4 of Regulation (EC) No 1049/2001
of
(OJ L 145,
31.5.2001, p. 43). It is a confidential document pursuant to Article
19 of Council Regulation (EC) No 384/96 (OJ L 56, 6.3.1996, p. 1)
and Article 6 of the WTO Agreement on Implementation of Article
VI of the GATT 1994 (Anti-dumping Agreement).

the Council

It