HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
20.4.2012 Official
Journal
of
the
European
Union L
108/1
II
(Non-legislative acts)
REGULATIONS
COUNCIL IMPLEMENTING REGULATION (EU) No 332/2012
of 13 April 2012
amending Regulation (EC) No 130/2006 imposing a definitive anti-dumping duty and collecting
definitively the provisional duty imposed on imports of tartaric acid originating in the People’s
Republic of China, and excluding company Hangzhou Bioking Biochemical Engineering Co., Ltd
from the definitive measures
THE COUNCIL OF THE EUROPEAN UNION,
1225/2009 of 30 November 2009 on protection against
dumped imports from countries not members of the
European Community ( 4 ) (‘the basic Regulation’).
Having regard to the Treaty on the Functioning of the European
Union,
Having regard to Council Regulation (EC) No 1515/2001 of
(3) Having
determined,
after
consulting
the
Advisory
23 July 2001 on the measures that may be taken by the
Committee, that sufficient evidence existed for the
Community following a report adopted by the WTO Dispute
initiation of an expiry review, the Commission
Settlement Body concerning anti-dumping and anti-subsidy
announced on 26 January 2011 the initiation of an
matters (
expiry review pursuant to Article 11(2) of the basic

1 ), and in particular Article 2(1) thereof,
Regulation, by a notice published in the Official Journal
of the European Union ( 5 ) (‘Notice of initiation’).
Having regard to the proposal submitted by the European
Commission (‘the Commission’) after having consulted the
Advisory Committee,
(4) In the Notice of initiation, the Commission also
announced the initiation of a review of existing
Whereas:
measures on Hangzhou Bioking pursuant to Article 2(3)
of Regulation (EC) No 1515/2001 in order to allow for
any necessary amendment of Regulation (EC) No
A. PROCEDURE
130/2006 in the light of the WTO Appellate Body
1. Measures in force
report entitled Mexico — Definitive Anti-Dumping
Measures on Beef and Rice ( 6 ). This report found, in
(1) By
Regulation
(EC)
No
130/2006
( 2 ), the Council
paragraphs 305 and 306, that an exporting producer
imposed a definitive anti-dumping duty, ranging from
not found to be dumping in an original investigation
0 % to 34,9 %, on imports of tartaric acid (‘TA’) orig
has to be excluded from the scope of the definitive
inating in the People’s Republic of China (‘China’). The
measure imposed as a result of such investigation and
rate of the definitive anti-dumping duty imposed on TA
cannot be made subject to administrative and changed
produced by the Chinese exporting producer Hangzhou
circumstances review.
Bioking Biochemical Engineering Co., Ltd (‘Hangzhou
Bioking’) was 0 %.
3. Initiation of a new proceeding
2. Initiation of an expiry review and of a review of
existing measures on Hangzhou Bioking
(5) On
29
July
2011,
the
Commission
announced,
by
a
notice published in the Official Journal of the European
(2) Following the publication of a notice of impending
Union ( 7 ), the initiation of an anti-dumping investigation
expiry ( 3 ) of the anti-dumping measures in force, the
pursuant to Article 5 of the basic Regulation concerning
Commission received on 27 October 2009 a request
imports into the European Union of tartaric acid orig
for the initiation of an expiry review of these measures
inating in China, limited to Hangzhou Bioking.
pursuant to Article 11(2) of Council Regulation (EC) No
( 4 ) OJ L 343, 22.12.2009, p. 51.
( 1 ) OJ L 201, 26.7.2001, p. 10.
( 5 ) OJ C 24, 26.1.2011, p. 14.
( 2 ) OJ L 23, 27.1.2006, p. 1.
( 6 ) WT/DS295/AB/R, 29 November 2005.
( 3 ) OJ C 211, 4.8.2010, p. 11.
( 7 ) OJ C 223, 29.7.2011, p. 11.

---

L 108/2
EN
Official Journal of the European Union
20.4.2012
4. Exclusion of Hangzhou Bioking from the definitive anti-dumping measures imposed by
Regulation (EC) No 130/2006
(6)
Hangzhou Bioking should be excluded from the definitive anti-dumping measures imposed by
Regulation (EC) No 130/2006 in order not to fall under two anti-dumping proceedings at the
same time,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 130/2006 is hereby amended as follows:
In Article 1(2), in the table, the entry concerning Hangzhou Bioking Biochemical Engineering Co., Ltd shall
be deleted and the entry ‘All other companies’ shall be replaced by the entry ‘All other companies (except
Hangzhou Bioking Biochemical Engineering Co., Ltd — TARIC additional code A687)’.
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, 13 April 2012.
For the Council
The President
N. WAMMEN

---

Document Outline

• �

---