Regulation 2008/727 - Termination of the new exporter review of Regulation (EC) No 130/2006 imposing a definitive anti-dumping duty on imports of tartaric acid from China

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Contents

  1. Current status
  2. Key information
  3. Key dates
  4. Legislative text
  5. Original proposal
  6. Sources and disclaimer
  7. Full version
  8. EU Monitor

1.

Current status

This regulation was in effect from July 30, 2008 until January 27, 2011.

2.

Key information

official title

Council Regulation (EC) No 727/2008 of 24 July 2008 terminating the new exporter review of Regulation (EC) No 130/2006 imposing a definitive anti-dumping duty on imports of tartaric acid originating in the People’s Republic of China
 
Legal instrument Regulation
Number legal act Regulation 2008/727
Original proposal COM(2008)410 EN
CELEX number i 32008R0727

3.

Key dates

Document 24-07-2008
Publication in Official Journal 29-07-2008; OJ L 200, 29.7.2008,Special edition in Croatian: Chapter 11 Volume 032
Effect 30-07-2008; Entry into force Date pub. + 1 See Art 2
End of validity 27-01-2011; See 32006R0130

4.

Legislative text

29.7.2008   

EN

Official Journal of the European Union

L 200/1
 

COUNCIL REGULATION (EC) No 727/2008

of 24 July 2008

terminating the new exporter review of Regulation (EC) No 130/2006 imposing a definitive anti-dumping duty on imports of tartaric acid originating in the People’s Republic of China

THE COUNCIL OF THE EUROPEAN UNION,

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 Articles 11(4) thereof,

Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,

Whereas:

  • 1. 
    MEASURES IN FORCE
 

(1)

By Regulation (EC) No 130/2006 (2), the Council imposed a definitive anti-dumping duty on imports of tartaric acid originating in the People’s Republic of China (PRC) (the original investigation). The measures in force consist of an ad valorem duty rate of 34,9 %, with the exception of several companies expressly mentioned which are subject to individual duty rates.
 

(2)

By Regulation (EC) No 150/2008 (3), following an interim review pursuant to Article 11(3) of the basic Regulation, the Council amended the scope of the measures.
  • 2. 
    CURRENT INVESTIGATION

2.1.   Request for a review

 

(3)

Subsequent to the imposition of the definitive anti-dumping measures, the Commission received a request for a ‘new exporter’ review pursuant to Article 11(4) of the basic Regulation. The request was based on the claim that the exporting producer, Fuyang Genebest Chemical Industry Co Ltd. (the applicant):

 

—

did not export tartaric acid before or during the investigation period of the original investigation,
 

—

was not related to any of the exporting producers subject to the measures imposed by Regulation (EC) No 130/2006,
 

—

had started to export tartaric acid to the Community after the end of the investigation period of the original investigation,
 

—

operates under market economy conditions as defined in Article 2(7)(c) of the basic Regulation or alternatively claims individual treatment in conformity with Article 9(5) of the basic Regulation.

2.2.   Initiation of a ‘new exporter’ review

 

(4)

The Commission examined the prima facie evidence submitted by the applicant and considered it sufficient to justify the initiation of a review pursuant to Article 11(4) of the basic Regulation. After consultation of the Advisory Committee and after the Community industry concerned had been given the opportunity to comment, the Commission initiated, by Regulation (EC) No 1406/2007 (4), a review of Regulation (EC) No 130/2006 with regard to the applicant.
 

(5)

Pursuant to Article 2 of Regulation (EC) No 1406/2007, the anti-dumping duty imposed by Regulation (EC) No 130/2006 on imports of tartaric acid produced by the applicant was repealed. Simultaneously, pursuant to Article 14(5) of the basic Regulation, customs authorities were directed to take appropriate steps to register the imports of tartaric acid produced by the applicant.

2.3.   Product concerned

 

(6)

The product concerned by the current review is tartaric acid, the same as in the original investigation, subject, however, to the limitation in scope introduced by Regulation (EC) No 150/2008.

2.4.   Parties concerned

 

(7)

The Commission officially advised the Community industry, the applicant and the representatives of the exporting country of the initiation of the review. Interested parties were given the opportunity to make their views known in writing and to be heard.
 

(8)

The Commission...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

Sources and disclaimer

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7.

Full version

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8.

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