Notice of initiation of a partial interim review of the antidumping measures applicable to imports of tartaric acid originating in the People's Republic of China
Date: 2007-03-17
Institutions: European Commission
Subjects: China, anti-dumping duty, anti-dumping legislation, import, organic acid, originating product

C 63/2

EN

Official Journal of the European Union

17.3.2007

V

(Announcements)

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON
COMMERCIAL POLICY

COMMISSION

Notice of initiation of a partial interim review of the antidumping measures applicable to imports
of tartaric acid originating in the People's Republic of China

(2007/C 63/02)

The Commission has received a request for a partial
interim
review pursuant to Article 11(3) of Council Regulation (EC) No
384/96 on protection against dumped imports from countries
not members of the European Community (1) ('the basic Regu-
lation').

1. Request for review

The request was lodged by CU Chemie Uetikon GmbH ('the
applicant'), an importer from Germany. The review is limited to
the examination of the product scope as regards the exclusion
of the ‘D’ grade of tartaric acid.

2. Product

The product under review is tartaric acid originating in the
People's Republic of China ('the product concerned'), currently
classifiable within CN code 2918 12 00. This CN code is given
only for information.

3. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 130/2006 (2) on
imports of tartaric acid originating in the People's Republic of
China.

4. Grounds for the review

The applicant has provided prima facie evidence indicating that
that certain types of tartaric acid should not be subject to the
above-mentioned measures. Indeed, it appears that the so-called
‘D’ grade is a distinct product from other types of tartaric acid,
due to its specific molecular structure, which in turn determines
specific chemical characteristics not shared by other types of the
product concerned. These characteristics imply different uses for

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC)

No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

(2) OJ L 23, 27.01.2006, p. 1.

‘D’ grade, for which there is no interchangeability with other
types of tartaric acid.

It is therefore appropriate to review whether ‘D’-grade tartaric
acid should be regarded as falling within the scope of
the
product concerned.

5. Procedure

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of a partial
interim review, the Commission hereby initiates a review in
accordance with Article 11(3) of the basic Regulation, limited in
scope to the definition of the product concerned.

The investigation will assess the need for the amendment of the
scope of the existing measures.

(a) Collection of information and holding of hearings

In order to obtain information and supporting evidence it
deems necessary for its investigation, the Commission will
contact the Community industry, the importers, the users,
other known producers in the Community and exporting
producers in the People's Republic of China.

submit

All interested parties are hereby invited to make their views
known,
information and to provide supporting
evidence. This information and supporting evidence must
reach the Commission within the time limit set in point 6
(a).

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 point 6(b).

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Official Journal of the European Union

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6. Time limits

(a) For parties to make themselves known, and submit any other

information

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 information and supporting evidence within 40
days of the date of publication of this notice in the Official
the European Union, unless otherwise specified.
Journal of
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.

(b) Hearings

interested parties may also apply to be heard by the

All
Commission within the same 40-day time limit.

7. Written submissions, questionnaire replies and cor-

respondence

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 numbers of the interested party. All written
submissions, including the information requested in this notice,
and correspondence provided by interested parties on a confi-
dential basis shall be labeled as ‘Limited (1)’ and, in accordance
with Article 19(2) of the basic Regulation, shall be accompanied
by a non-confidential version, which will be labeled ‘FOR
INSPECTION BY INTERESTED PARTIES’.

Commission address for correspondence:
European Commission
Directorate General for Trade
Directorate H
Office: J-79 5/16
B-1049 Brussels
Fax (32-2) 295 65 05

8. Non-co-operation

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, 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
in accordance with Article 18 of the
and use may be made,
basic Regulation, of the facts available. If an interested party
does not cooperate or cooperates only partially, and use of facts
available is made, the result may be less favorable to that party
than if it had cooperated.

9. Schedule of the investigation

The investigation will be concluded, according to Article 11(5)
of the basic Regulation within 15 months of the date of the
publication of this notice in the Official Journal of the European
Union.

(1) This means that the document is for internal use only. It is protected
pursuant to Article 4 of Regulation (EC) No 1049/2001 of the Euro-
pean Parliament and of the Council regarding public access to European
Parliament, Council and Commission documents
(OJ L 145,
31.5.2001, p. 43). It is a confidential document pursuant to Article 19
of the basic Regulation and Article 6 of the WTO Agreement on Imple-
mentation of Article VI of the GATT 1994 (Anti-dumping Agreement).