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8.9.2012 Official
Journal
of
the
European
Union L
244/27
COMMISSION DECISION
of 7 September 2012
amending Decision 2008/899/EC accepting the undertakings offered in connection with the anti-
dumping proceeding concerning imports of citric acid originating in the People’s Republic of China
(2012/501/EU)
THE EUROPEAN COMMISSION,
concerning its exports to the Union as one of the means
by which the undertaking can be monitored effectively
by the Commission.
Having regard to the Treaty on the Functioning of the European
Union,
(6) When accepting the undertaking, the Commission
considered the risk of cross-compensation as limited.
Having regard to Council Regulation (EC) No 1225/2009 of
30 November 2009 on protection against dumped imports
from countries not members of the European Community (
B. CHANGED CIRCUMSTANCES

1 )
(the ‘basic Regulation’), and in particular Articles 8 and 9
(7) In
autumn
2011,
Laiwu
Taihe
informed
the
Commission
thereof,
of its intention to start the production of additional types
of the product concerned which are not covered by the
undertaking and sell them on the Union market subject
After consulting the Advisory Committee,
to anti-dumping duties.
Whereas:
(8) The
Commission
analysed
the
implications
of
this
new
pattern in trade and considered that there is a high risk
of cross-compensation if the product covered and the
A. EXISTING MEASURES
additional types of the product concerned not covered
by the undertaking are sold to the same customers.
(1) The
Council,
by
Regulation
(EC)
No
1193/2008
( 2 ),
imposed definitive anti-dumping duties on imports into
the Union of citric acid originating in the People’s
(9) In
addition,
the
Commission
also
learnt
about
a
potential
Republic of China (‘the product concerned’).
trading company, located at the same premises as Laiwu
Taihe without being subject to reporting obligations, and
considered it as a further difficulty in the effective moni
(2) The
Commission,
by
Decision
2008/899/EC
( 3 ) (‘the
toring of the undertaking. The Commission informed
Decision’), accepted a price undertaking (‘the undertak
Laiwu Taihe accordingly and announced that it would
ing’), inter alia, from Laiwu Taihe Biochemistry Co. Ltd
be inclined to consider the withdrawal of the under
(‘Laiwu Taihe’) together with the China Chamber of
taking.
Commerce of Metals, Minerals & Chemicals Importers
& Exporters (‘CCCMC’).
(10) Subsequently, Laiwu Taihe offered to sell these additional
types of the product concerned respecting the MIP of the
(3) The
undertaking
accepted
from
Laiwu
Taihe,
the
sole
product type covered by the undertaking. It also
company which was accorded market economy
proposed to sell these product types directly to the
treatment (‘MET’), set the minimum import price (‘MIP’)
Union and to extend the reporting obligations to these
for the product covered on the basis of the normal value
sales.
established during the investigation. In addition, the
undertaking provided for the indexation of the MIP in
accordance with public international quotations of corn,
(11) The Commission considers that these commitments
the main raw material used by the exporting producer.
cannot alter its initial assessment for the following
reasons. Firstly, setting a price discipline for the types
of the product concerned that the company did not
(4)
The company also undertook to report and to respect a
produce during the original investigation period would
certain price regime for all non-Union sales to those
mean a revision of the scope of the product covered by
customers whose organisation or structure extends
the undertaking, which should be subject to an interim
beyond the Union, should Laiwu Taihe sell to these
review to reset the MIP. Otherwise, the high risk of cross-
customers in the Union.
compensation in relation to the product type covered by
the undertaking and the other types of the product
concerned, when sold to the same customers, would
(5) Furthermore,
Laiwu
Taihe
also
agreed
to
provide
the
persist. Secondly, the sales to other traders and the
Commission with regular and detailed information
increased amount of information to be received under
the expanded reporting obligations resulting from the
sales of the additional types of the product concerned
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 2 ) OJ L 323, 3.12.2008, p. 1.
would render the monitoring of the undertaking very
( 3 ) OJ L 323, 3.12.2008, p. 62.
burdensome.

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L 244/28
EN
Official Journal of the European Union
8.9.2012
(12) Based on the above considerations, the Commission
verified. As regards the suggested verification of, inter
concluded that following the change in the product
alia, Laiwu Taihe’s production cost structure, this was
variety, the undertaking accepted from Laiwu Taihe
considered to be reserved to a possible interim review,
becomes impracticable and should be withdrawn.
if requested.
(13) Laiwu Taihe was informed of the Commission’s
C. AMENDMENT OF DECISION 2008/899/EC
conclusions and given an opportunity to comment.
(16) Therefore,
in
accordance
with
Article
8(9)
of
the
basic
Regulation and also in accordance with the relevant
Written submissions and Hearings
clauses of the undertaking authorising the Commission
to unilaterally withdraw the undertaking, the
(14) Laiwu
Taihe
was
granted
the
opportunity
to
be
heard
and
Commission has concluded that the acceptance of the
written submissions were also received in which Laiwu
undertaking offered by Laiwu Taihe together with
Taihe reiterated its commitments, namely to make all
CCCMC should be withdrawn and Decision
sales of the additional product types respecting the MIP
2008/899/EC should be amended. Accordingly, the
set for the product type covered by the undertaking, only
definitive anti-dumping duties imposed by Article 1 of
to sell directly to the EU customers without intermediary
Regulation (EC) No 1193/2008 on imports of the
domestic trade companies in the People’s Republic of
product concerned produced by Laiwu Taihe (Taric
China and to provide all export sales documents
additional code A880) should apply,
concerning the two additional product types. In
addition, it claimed that the commitment to sell the
new product types at or above the MIP of the product
HAS ADOPTED THIS DECISION:
covered would not imply a revision of the scope of the
product covered which is only possible through an
interim review. Moreover, Laiwu Taihe suggested that
Article 1
the Commission services would carry out a verification
visit at its premises, inter alia, to verify Laiwu Taihe’s
Acceptance of the undertaking in relation to Laiwu Taihe
production cost data.
Biochemistry Co. Ltd together with the China Chamber of
Commerce of Metals, Minerals and Chemicals Importers and
Exporters (Taric additional code A880) is hereby withdrawn.
(15) The
Commission
considers
that
the
submissions
do
not
bring new elements to its assessment. In particular, it is
assessed that setting a price for product types which had
Article 2
not been subject to the original investigation due to lack
of production cannot eliminate the risk of cross-compen
The table of Article 1 in Decision 2008/899/EC is replaced by
sation as such a price had not been established or even
the following table:
‘Country Companies Taric
additional
code
People’s Republic of COFCO Biochemical (Anhui) Co., Ltd — No 73 Daquing Road,
A874
China
Bengbu City 233010, Anhui Province
Manufactured by RZBC Co., Ltd — No 9 Xinghai West Road, Rizhao,
A926
Shandong Province and sold by its related sales company RZBC Imp.
& Exp. Co., Ltd — No 66, Lvzhou South Road, Rizhao (Liangyou
Grand View Hotel, 22nd Floor, Building A), Shandong Province
Manufactured by RZBC (Juxian) Co., Ltd — West Wing, Chengyang
A927
North Road, Ju County, Rizhao, Shandong Province and sold by its
related sales company RZBC Imp. & Exp. Co., Ltd — No 66, Lvzhou
South Road, Rizhao (Liangyou Grand View Hotel, 22nd Floor,
Building A), Shandong Province
TTCA Co., Ltd — West, Wenhe Bridge North, Anqui City, Shandong
A878
Province
Yixing Union Biochemical Co., Ltd — Economic Development Zone
A879
Yixing City 214203, Jiangsu Province
Weifang Ensign Industry Co., Ltd, Changsheng Street No 1567,
A882’
Changle, Weifang, Shandong Province

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EN
8.9.2012 Official
Journal
of
the
European
Union L
244/29
Article 3
This Decision shall enter into force on the day following that of its publication in the Official Journal of the
European Union.
Done at Brussels, 7 September 2012.
For the Commission
The President
José Manuel BARROSO

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Document Outline

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