Commission Regulation (EC) No 1406/2007 of 29 November 2007 on initiating a new exporter review of Council Regulation (EC) No 130/2006 imposing a definitive anti-dumping duty on imports of tartaric acid originating in the People’s Republic of China, repealing the duty with regard to imports from one exporter in this country and making these imports subject to registration
Date: 2007-11-29
Institutions: European Commission
Subjects: China, anti-dumping duty, anti-dumping legislation, import, organic acid, originating product

L 312/12

EN

Official Journal of the European Union

30.11.2007

COMMISSION REGULATION (EC) No 1406/2007

of 29 November 2007
on initiating a ‘new exporter’ review of Council Regulation (EC) No 130/2006 imposing a definitive
anti-dumping duty on imports of tartaric acid originating in the People’s Republic of China,
repealing the duty with regard to imports from one exporter in this country and making these
imports subject to registration

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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 (‘the basic
Regulation’) (1), and in particular Article 11(4), thereof,

Whereas:

(1)

(2)

(3)

(4)

A. REQUEST FOR A REVIEW

The Commission has received an application for a ‘new
exporter’ review pursuant to Article 11(4) of the basic
Regulation. The application was
lodged by Fuyang
Genebest Chemical Industry Co. Ltd (‘the applicant’), an
exporting producer in the People’s Republic of China
(‘the country concerned’).

B. 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.

C. EXISTING MEASURES

The measures currently in force are a definitive anti-
dumping duty imposed by Council Regulation (EC) No
130/2006 (2) under which imports into the Community
the product concerned originating in the People’s
of
Republic of China,
including the product concerned
produced by the applicant, are subject to a definitive
anti-dumping duty of 34,9 % with the exception of
several
specially mentioned which are
subject to individual duty rates.

companies

D. GROUNDS FOR THE REVIEW

The applicant alleges that
it operates under market
economy conditions as defined in Article 2(7)(c) of the
individual
basic Regulation or
treatment in conformity with Article 9(5) of the basic

alternatively

claims

(5)

(6)

(7)

(8)

it

that

export

the product
did not
Regulation,
concerned to the Community during the period of inves-
tigation on which the anti-dumping measures were
the period from 1 July 2003 to 30 June
based,
i.e.
2004 (‘the original
investigation period’) and that it is
not related to any of the exporting producers of the
product which are subject
to the above mentioned
anti-dumping measures.

The applicant further alleges that it has begun exporting
the product concerned to the Community after the end
of the original investigation period.

E. PROCEDURE

Community producers known to be concerned have been
informed of the above application and have been given
an opportunity to comment. No comments have been
received.

Having examined the evidence available, the Commission
concludes that there is sufficient evidence to justify the
initiation of a ‘new exporter’ review, pursuant to Article
11(4) of the basic Regulation, with a view to determine
whether the applicant operates under market economy
conditions as defined in Article 2(7)(c) of the basic Regu-
lation or alternatively whether the applicant fulfils the
requirements to have an individual duty established in
accordance with Article 9(5) of
the basic Regulation
and, if so, the applicant’s individual margin of dumping
and, should dumping be found, the level of the duty to
which their imports of the product concerned into the
Community should be subject.

it

the

applicant

is determined that

the
If
requirements to have an individual duty established,
it
may be necessary to amend the rate of duty currently
applicable to imports of the product concerned from
individually mentioned in Article 1(2)
companies not
of Regulation (EC) No 130/2006.

fulfils

(a) Questionnaires

(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, 27.1.2006, p. 1.

In order to obtain the information it deems necessary
for its investigation,
the Commission will send a
questionnaire to the applicant.

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Official Journal of the European Union

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(b) Collection of information and holding of hearings

All interested parties are hereby invited to make their
views known in writing and to provide supporting
evidence.

Furthermore,
parties, provided that
writing showing that
why they should be heard.

the Commission may hear interested
in
they make a request
there are particular reasons

(9)

Attention is drawn to the fact that the exercise of
most procedural rights set out in the basic Regulation
depends on the parties making themselves known
within the period provided for by the present Regu-
lation.

(c) Market economy status

In the event that the applicant provides sufficient
it operates under market economy
evidence that
i.e. that it meets the criteria laid down
conditions,
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. For this purpose, duly
substantiated claims must be submitted within the
specific time limit set in Article 4(3) of this Regu-
lation. The Commission will send claim forms to the
applicant, as well as to the authorities of the People’s
Republic of China.

(d) Selection of the market economy country

In the event that the applicant is not granted market
economy treatment but fulfils the requirements to
have an individual duty established in accordance
with Article 9(5) of the basic Regulation, an appro-
priate market economy country will be used for the
purpose of establishing normal value in respect of the
People’s Republic of China in accordance with Article
2(7)(a) of
the basic Regulation. The Commission
envisages using Argentina again for this purpose as
was done in the investigation which led to the impo-
sition of measures on imports of
the product
concerned from the People’s Republic of China.
Interested parties are hereby invited to comment on
the appropriateness of this choice within the specific
time limit set in Article 4(2) of this Regulation.

that

the applicant

in the event

Furthermore,
is
granted market economy treatment, the Commission
may,
if necessary, also use findings concerning the
normal value established in an appropriate market-
economy country, e.g. for the purpose of replacing
any unreliable cost or price elements in the People’s
Republic of China which are needed in establishing

if reliable required data are not
the normal value,
available in the People’s Republic of China. The
Commission envisages using Argentina also for this
purpose.

F. REPEAL OF THE DUTY IN FORCE AND
REGISTRATION OF IMPORTS

Pursuant to Article 11(4) of the basic Regulation, the
anti-dumping duty in force should be repealed with
regard to imports of the product concerned which are
produced and sold for export to the Community by the
applicant. At the same time, such imports should be
made subject to registration in accordance with Article
14(5) of the basic Regulation,
in order to ensure that,
should the review result
in a finding of dumping in
respect of the applicants, anti-dumping duties can be
the initiation of
levied retroactively from the date of
the applicant’s possible
this review. The amount of
future liabilities cannot be estimated at this stage of the
proceeding.

G. TIME LIMITS

(10)

In the interest of sound administration,
should be stated within which:

time limits

(a)

their views

interested parties may make themselves known to the
in writing and
Commission, present
submit the replies to the questionnaire mentioned
in Article 4(1) of
this Regulation or provide any
other information to be taken into account during
the investigation;

(b) interested parties may make a written request to be

heard by the Commission;

(c)

interested parties may comment on the appro-
priateness of Argentina which, in the event that the
applicant will not be granted market economy
treatment,
a market-economy
country for
the purpose of establishing normal
value in respect of the People’s Republic of China;

envisaged

as

is

(d) the applicant should submit a duly substantiated

claim for market economy treatment.

H. NON CO-OPERATION

(11)

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.

(12)

(13)

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30.11.2007

Where it is found that any interested party has supplied
false or misleading information, the information shall be
disregarded and use may be made,
in accordance with
Article 18 of the 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.

Article 3

the Member States are hereby
The customs authorities of
directed, pursuant
to Article 14(5) of Regulation (EC) No
384/96, to take the appropriate steps to register the imports
this Regulation. Registration shall
identified in Article 1 of
expire nine months following the date of entry into force of
this Regulation.

I. PROCESSING OF PERSONAL DATA

It is noted that any personal data collected in this inves-
tigation will be treated in accordance with Regulation
(EC) No 45/2001 of the European Parliament and the
Council of 18 December 2000 on the protection of
individuals with regard to the processing of personal
data by the Community institutions and bodies and on
the free movement of such data (1).

1.
Interested parties, if their representations are to be taken
into account during the investigation, must make themselves
known to the Commission, present their views in writing and
submit the replies to the questionnaire mentioned in recital
10(a) of
information, unless
otherwise specified, within 40 days of the entry into force of
this Regulation. Interested parties may also apply in writing to
be heard by the Commission within the same 40-day time limit.

this Regulation or any other

Article 4

J. HEARING OFFICER

It is noted that if interested parties consider that they are
encountering difficulties in the exercise of your rights of
defence, they may request the intervention of the Hearing
Officer of DG Trade. He acts as an interface between the
interested parties and the Commission services, offering,
where necessary, mediation on procedural matters
affecting the protection of
in this
proceeding, in particular with regard to issues concerning
access to the file, confidentiality, extension of time limits
and the treatment of written and/or oral submission of
information and contact details,
views. For
further
the Hearing Officer’s
interested parties may consult
web pages on the website of DG Trade (http://ec.
europa.eu/trade),

interests

their

HAS ADOPTED THIS REGULATION:

Article 1

A review of Regulation (EC) No 130/2006 is hereby initiated
pursuant to Article 11(4) of Regulation (EC) No 384/96 in
order to determine if and to what extent
the imports of
tartaric acid falling within CN code 2918 12 00 originating in
the People’s Republic of China, produced and sold for export to
the Community by Fuyang Genebest Chemical Industry Co. Ltd.
(TARIC additional code A851) should be subject to the anti-
dumping duty imposed by Regulation (EC) No 130/2006.

2.
Parties to the investigation wanting to comment on the
appropriateness of Argentina, which is envisaged as a market-
economy third country for the purpose of establishing normal
value in respect of the People’s Republic of China, must submit
their comments within 10 days of the date of entry into force
of this Regulation.

3.
A duly substantiated claim for Market Economy Treatment
must reach the Commission within 21 days of the date of the
entry into force of this Regulation.

All submissions and requests made by interested parties
4.
in electronic format, unless
must be made in writing (not
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 Regulation, questionnaire replies and corre-
spondence provided by interested parties on a confidential
basis shall be labelled as ‘Limited’ (2) and,
in accordance with
Article 19(2) of Regulation (EC) No 384/96, shall be accom-
panied by a non-confidential version, which will be labelled
‘FOR INSPECTION BY INTERESTED PARTIES’.

Any information relating to the matter and/or any request for a
hearing should be sent to the following address:

European Commission
Directorate General for Trade
Directorate H
Office: J-79 4/23
B-1049 Brussels
Fax (32 2) 295 65 05

Article 2

The anti-dumping duty imposed by Regulation (EC) No
130/2006 is hereby repealed with regard to the imports iden-
tified in Article 1 of the present Regulation.

(1) OJ L 8, 12.1.2001, p. 1.

(2) 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
European Parliament and of the Council
(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).

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

Article 5

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

Done at Brussels, 29 November 2007.

For the Commission

Peter MANDELSON
Member of the Commission