CELEX: 32022R0056
Language: en
Date: 2022-01-14 00:00:00
Title: Commission Implementing Regulation (EU) 2022/56 of 14 January 2022 amending Implementing Regulation (EU) 2018/921 imposing a definitive anti-dumping duty on imports of tartaric acid originating in the People's Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council

17.1.2022   
               
               
                  EN
               
               
                  Official Journal of the European Union
               
               
                  L 10/13
               
            
         COMMISSION IMPLEMENTING REGULATION (EU) 2022/56
         of 14 January 2022
         amending Implementing Regulation (EU) 2018/921 imposing a definitive anti-dumping duty on imports of tartaric acid originating in the People's Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1), and in particular Article 14(1) thereof,
         Whereas:
         
                     (1)
                  
                  
                     Imports of tartaric acid originating in the People’s Republic of China are subject to definitive anti-dumping duties imposed by Commission Implementing Regulation (EU) 2018/921 (2).
                  
               
                     (2)
                  
                  
                     Ninghai Organic Chemical Factory, TARIC (3) additional code A689, a company subject to an individual anti-dumping duty rate of 8,3 %, informed the Commission on 3 June 2021 that it had changed its name to Ningbo Jinzhan Biotechnology Co., Ltd.
                  
               
                     (3)
                  
                  
                     The company requested the Commission to confirm that the change of name does not affect the right of the company to benefit from the individual anti-dumping duty rate applied to it under its previous name.
                  
               
                     (4)
                  
                  
                     The Commission examined the information supplied and concluded that the change of name was properly registered with the relevant authorities, and did not result in any new relationship with other groups of companies which were not investigated by the Commission.
                  
               
                     (5)
                  
                  
                     Accordingly, this change of name does not affect the findings of Implementing Regulation (EU) 2018/921 and in particular the anti-dumping duty rate applicable to it.
                  
               
                     (6)
                  
                  
                     The evidence in the file also confirmed that the change of the name was applicable as of 16 May 2019, as that day the change was recorded by the Market Supervision and Administration Bureau of Ninghai County. The name change should therefore take effect as of that date.
                  
               
                     (7)
                  
                  
                     Given the considerations in the recitals above, the Commission considered it appropriate to amend Implementing Regulation (EU) 2018/921 to reflect the changed name of the company previously attributed to additional TARIC code A689.
                  
               
                     (8)
                  
                  
                     The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EU) 2016/1036,
                  
               HAS ADOPTED THIS REGULATION:
         
            Article 1
            
               1.   Article 1(2) of Implementing Regulation (EU) 2018/921 is amended as follows:
               
                  
                              ‘Ninghai Organic Chemical Factory, Ninghai
                           
                           
                              A689’
                           
                        
               is replaced by
               
                  
                              ‘Ningbo Jinzhan Biotechnology Co., Ltd., Ninghai
                           
                           
                              A689’
                           
                        
            
            
               2.   Any definitive duty paid on imports of products manufactured by Ningbo Jinzhan Biotechnology Co., Ltd. in excess of the anti-dumping duty established in Article 1(2) of Implementing Regulation (EU) 2018/921 as regards Ninghai Organic Chemical Factory shall be repaid or remitted in accordance with the applicable customs legislation.
            
         
         
            Article 2
            This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
         
         
            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 14 January 2022.
            
               
                  For the Commission
               
               
                  The President
               
               Ursula VON DER LEYEN
            
         
         
            (1)  OJ L 176, 30.6.2016, p. 21.
         
            (2)  OJ L 164, 29.6.2018, p. 14.
         
            (3)  The Integrated Tariff of the European Union.