HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
5.6.2012 Official
Journal
of
the
European
Union L
144/43
COMMISSION DECISION
of 4 June 2012
terminating the anti-dumping proceeding concerning imports of tartaric acid originating in the
People’s Republic of China, limited to one Chinese exporting producer, Hangzhou Bioking
Biochemical Engineering Co. Ltd
(2012/289/EU)
THE EUROPEAN COMMISSION,
(6) All
interested
parties
who
so
requested
and
showed
that
there were particular reasons why they should be heard
Having regard to the Treaty on the Functioning of the European
were granted a hearing.
Union,
B. WITHDRAWAL OF THE COMPLAINT AND
Having regard to Council Regulation (EC) No 1225/2009 of
TERMINATION OF THE PROCEEDING
30 November 2009 on protection against dumped imports
from countries not members of the European Community ( 1 )
(7) By
letter
of
14
February
2012
to
the
Commission,
the
(‘the basic Regulation’), and in particular Article 9 thereof,
complainants formally withdrew their complaint.
After consulting the Advisory Committee,
(8) In
accordance
with
Article
9(1)
of
the
basic
Regulation,
the proceeding may be terminated where the complaint
Whereas:
is withdrawn, unless such termination would not be in
the Union interest.
A. PROCEDURE
(9) The
Commission
considered
that
the
present
proceeding
(1) On
15
June
2011
the
European
Commission
(‘Commis
should be terminated since the investigation had not
sion’) received a complaint concerning the alleged
brought to light any reasons or considerations showing
injurious dumping concerning imports of tartaric acid
that such termination would not be in the Union interest.
originating in the People’s Republic of China limited to
one Chinese exporting producer, Hangzhou Bioking
(10) Interested
parties
were
informed
accordingly
and
were
Biochemical Engineering Co. Ltd (‘the company
given the opportunity to comment. No comments were
concerned’).
received indicating that such a termination would not be
in the Union interest.
(2) The
complaint
was
lodged
by
the
following
producers
(the complainants): Distillerie Bonollo SpA, Industria
(11) The Commission therefore concludes that the anti-
Chimica Valenzana SpA, Distillerie Mazzari SpA, Caviro
dumping proceeding concerning imports into the
Distillerie SRL and Comercial Quimica Sarasa SL repre
Union of tartaric acid originating in the People’s
senting a major proportion, in this case more than 50 %
Republic of China should be terminated without the
of the total Union production of tartaric acid.
imposition of measures,
(3) The
complaint
contained prima facie evidence of the
HAS ADOPTED THIS DECISION:
existence of dumping and of material injury resulting
from the dumped imports, which was considered
Article 1
sufficient to justify the initiation of an anti-dumping
The anti-dumping proceeding concerning imports of tartaric
proceeding.
acid currently falling within CN Code ex
2918
12
00,
(4) The
Commission,
after
consultation
of
the
Advisory originating in the People’s Republic of China limited to one
Committee, in a notice published in the Official Journal
Chinese exporting producer, Hangzhou Bioking Biochemical
of the European Union (
Engineering Co. Ltd, is hereby terminated.

2 ), initiated an anti-dumping
proceeding concerning imports of tartaric acid orig
Article 2
inating in the People’s Republic of China limited to
one Chinese exporting producer, Hangzhou Bioking
This Decision shall enter into force on the day following that of
Biochemical Engineering Co. Ltd (‘the company
its publication in the Official Journal of the European Union.
concerned’).
(5) The
Commission
sent
questionnaires
to
the
Union
industry, to the exporting producer in the People’s
Done at Brussels, 4 June 2012.
Republic of China, to the importers, and to the auth
orities of the People’s Republic of China. Interested
For the Commission
parties were given the opportunity to make their views
known in writing and to request a hearing within the
The President
time limit set out in the notice of initiation.
José Manuel BARROSO
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 2 ) OJ C 223, 29.7.2011, p. 11.

---

Document Outline

• �

---