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EN
Official Journal of the European Union
28.8.2013
REGULATIONS
COMMISSION REGULATION (EU) No 809/2013
of 27 August 2013
initiating a ‘new exporter’ review of Council Implementing Regulation (EU) No 1389/2011
imposing a definitive anti-dumping duty on imports of trichloroisocyanuric acid originating in
the People’s Republic of China, repealing the duty with regard to imports from one exporter in
this country and making these imports subject to registration
THE EUROPEAN COMMISSION,
with the exception of several companies specially
mentioned in Article 1(2) of that Regulation which are
subject to individual duty rates.
Having regard to the Treaty on the Functioning of the European
Union,
4. GROUNDS
Having regard to Council Regulation (EC) No 1225/2009
(30 November 2009) on protection against dumped imports
(5) The
applicant
claims
that
it
operates
under
market
from countries not members of the European Community
economy conditions as defined in Article 2(7)(c) of the
(the basic Regulation) ( 1 ) and in particular Article 11(4) thereof,
basic Regulation.
After having consulted the Advisory Committee in accordance
with Articles 11(4) and 14(5) of the basic Regulation,
(6) It
further
claims
that
it
did
not
export
the
product
under
review to the Union during the period of investigation
on which the anti-dumping measures were based, i.e. the
Whereas:
period from 1 April 2003 to 31 March 2004 (the
original investigation period).
1. REQUEST
(1) The
European
Commission
(Commission)
has
received
a (7) Furthermore,
the
applicant
claims
that
it
is
not
related
to
request for a ‘new exporter’ review pursuant to
any of the exporting producers of the product under
Article 11(4) of the basic Regulation.
review which are subject to the above-mentioned anti-
dumping measures.
(2) The
request
was
lodged
on
3
May
2013
by
Liaocheng
City Zhonglian Industry Co. Ltd (the applicant), an
exporting producer in the People’s Republic of China
(8) The
applicant
further
claims
that
it
has
begun
exporting
(PRC) of trichloroisocyanuric acid.
the product under review to the Union after the end of
the original investigation period.
2. PRODUCT
(3) The
product
under
review
is
trichloroisocyanuric
acid
5. PROCEDURE
and preparations thereof (TCCA), also referred to as ‘sym
closene’ under the international non-proprietary name
(9) Union
producers
known
to
be
concerned
have
been
(INN), currently falling within CN codes ex 2933 69 80
informed of the request for a review and have been
and ex 3808 94 20 (TARIC codes 2933 69 80 70 and
given an opportunity to comment.
3808 94 20 20), and originating in the People’s
Republic of China.
(10) Having
examined
the
evidence
available,
the
Commission
3. EXISTING MEASURES
concludes that there is sufficient evidence to justify the
initiation of a ‘new exporter’ review, pursuant to
(4)
The measures currently in force are a definitive anti-
Article 11(4) of the basic Regulation, with a view to
dumping duty imposed by Council Implementing Regu
determine the applicant’s individual margin of dumping
lation (EU) No 1389/2011 ( 2 ), under which imports into
and, should dumping be found, the level of the duty to
the Union of the product under review originating in the
which its imports of the product under review into the
PRC, including the product produced by the applicant,
Union shall be subject. Upon receipt of the claim
are subject to a definitive anti-dumping duty of 42,6 %
mentioned below under recital 15, it will be determined
whether the applicant operates under market economy
( 1 ) OJ L 343, 22.12.2009, p. 51.
conditions as defined in Article 2(7)(c) of the basic Regu
( 2 ) OJ L 346, 30.12.2011, p. 6.
lation.

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28.8.2013 Official
Journal
of
the
European
Union L
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(11) If it is determined that the applicant fulfils the
establishing the normal value, if reliable required data are
requirements to have an individual duty established, it
not available in the PRC. The Commission envisages
may be necessary to amend the rate of duty currently
using Japan also for this purpose.
applicable to imports of the product under review from
companies not individually mentioned in Article 1(2) of
Implementing Regulation (EU) No 1389/2011.
6. REPEAL OF THE DUTY IN FORCE AND REGIS
TRATION OF IMPORTS
(18) Pursuant
to
Article
11(4)
of
the
basic
Regulation,
the
(a) Questionnaires
anti-dumping duty in force should be repealed with
regard to imports of the product under review which
(12) In
order
to
obtain
information
it
deems
necessary
for
its
are produced and sold for export to the Union by the
investigation, the Commission will send a questionnaire
applicant. At the same time, such imports should be
to the applicant.
made subject to registration in accordance with
Article 14(5) of the basic Regulation, in order to
ensure that, should the review result in a finding of
(b) Collection of information and holding of hearings
dumping in respect of the applicant, anti-dumping
duties can be levied retroactively to the date of the
(13) All
interested
parties
are
hereby
invited
to
make
their
initiation of the review. The amount of the applicant’s
views known in writing and to provide supporting
possible future liabilities cannot be estimated at this stage
evidence.
of the proceeding.
7. TIME-LIMITS
(14) Furthermore, the Commission may hear interested
parties, provided that they make a request in writing
(19) In the interest of sound administration, time-limits
showing that there are particular reasons why they
should be stated within which:
should be heard.
(20) interested
parties
may
make
themselves
known
to
the
Commission, present their views in writing and submit
(c) Market economy treatment
any information to be taken into account during the
investigation,
(15) In the event that the applicant provides sufficient
evidence that it operates under market economy
conditions, i.e. that it meets the criteria laid down in
(21) interested
parties
may
make
a
written
request
to
be
heard
Article 2(7)(c) of the basic Regulation, normal value
by the Commission,
will be determined in accordance with Article 2(7)(b) of
the basic Regulation. For this purpose, a duly
substantiated claim must be submitted within the
(22) interested
parties
may
comment
on
the
appropriateness
specific time limit set in Article 4(3) of this Regulation.
of Japan which, in the event that the applicant will not
The Commission will send claim forms to the applicant,
be granted market economy treatment, is envisaged as a
as well as to the authorities of the PRC.
market-economy country for the purpose of establishing
normal value,
(d) Selection of the market economy country
(23) the
applicant
should
submit
a
duly
substantiated
claim
for market economy treatment.
(16) In the event that the applicant is not granted market
economy treatment, an appropriate market economy
country will be used for the purpose of establishing
(24) Attention is drawn to the fact that the exercise of most
normal value in respect of the PRC in accordance with
procedural rights set out in the basic Regulation depends
Article 2(7)(a) of the basic Regulation. The Commission
on the party making itself known within the time-limits
envisages using Japan again for this purpose as was done
indicated in Article 4 of this Regulation.
in the investigation which led to the imposition of
measures on imports of the product under review from
the PRC. Interested parties are hereby invited to
8. NON-COOPERATION
comment on the appropriateness of this choice within
the specific time limit set in Article 4(2) of this Regu
(25) In
cases
in
which
any
interested
party
refuses
access
to
or
lation.
does not provide the necessary information within the
time-limits, or significantly impedes the investigation,
findings, affirmative or negative, may be made in
accordance with Article 18 of the basic Regulation, on
(17) Furthermore, in the event that the applicant is granted
the basis of the facts available.
market economy treatment, the Commission may, if
necessary, also use findings concerning the normal
value established in an appropriate market-economy
(26) Where
it
is
found
that
any
interested
party
has
supplied
country, e.g. for the purpose of replacing any unreliable
false or misleading information, the information shall be
cost or price elements in the PRC which are needed in
disregarded and use may be made of facts available.

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L 229/4
EN
Official Journal of the European Union
28.8.2013
(27) If
an
interested
party
does
not
cooperate
or
cooperates
People’s Republic of China, produced and sold for export to the
only partially and findings are therefore based on the
Union by Liaocheng City Zhonglian Industry Co. Ltd (TARIC
facts available in accordance with Article 18 of the
additional code A998) should be subject to the anti-dumping
basic Regulation, the result may be less favourable to
duty imposed by Implementing Regulation (EU) No 1389/2011.
that party than if it had cooperated.
Article 2
9. SCHEDULE OF THE INVESTIGATION
The anti-dumping duty imposed by Implementing Regulation
(28) The investigation will be concluded, pursuant to
(EU) No 1389/2011 is hereby repealed with regard to the
Article 11(5) of the basic Regulation, within nine
imports identified in Article 1 of the present Regulation.
months of the date of the publication of this Regulation
in the Official Journal of the European Union.
Article 3
10. PROCESSING OF PERSONAL DATA
The Customs authorities are hereby directed, pursuant to
(29) It
is
noted
that
any
personal
data
collected
in
this
inves
Article 11(4) and Article 14(5) of Regulation (EC) No
tigation will be treated in accordance with Regulation
1225/2009, to take the appropriate steps to register the
(EC) No 45/2001 of the European Parliament and of
imports into the Union identified in Article 1 of this Regulation.
the Council of 18 December 2000 on the protection
of individuals with regard to the processing of personal
data by the Community institutions and bodies and on
Registration shall expire nine months following the date of
the free movement of such data ( 1 ).
entry into force of this Regulation.
11. HEARING OFFICER
Article 4
(30) Interested
parties
may
request
the
intervention
of
the
1. Interested
parties,
if
their
representations
are
to
be
taken
Hearing Officer of the Directorate-General for Trade.
into account during the investigation, must make themselves
The Hearing Officer acts as an interface between the
known by contacting the Commission, present their views in
interested parties and the Commission investigation
writing and submit a reply to the questionnaire indicated in
services. The Hearing Officer reviews requests for access
recital 12 of this Regulation or any information to be taken
to the file, disputes regarding the confidentiality of docu
into account within 37 days from the date of the publication of
ments, requests for extension of time-limits and requests
this Regulation in the Official Journal of the European Union,
by third parties to be heard. The Hearing Officer may
unless otherwise specified.
organise a hearing with an individual interested party and
mediate to ensure that the interested party’s rights of
defence are being fully exercised.
Interested parties may also apply to be heard by the
Commission within the same 37-day time-limit.
(31) A
request
for
a
hearing
with
the
Hearing
Officer
should
be made in writing and should specify the reasons for the
request. The Hearing Officer will also provide oppor
2. Parties
to
the
investigation
wanting
to
comment
on
the
tunities for a hearing involving parties to take place
appropriateness of Japan, which is envisaged as a market-
which would allow different views to be presented and
economy third country for the purpose of establishing normal
rebuttal arguments offered.
value in respect of the PRC, must submit their comments within

10 days of the date of entry into force of this Regulation.
(32) For further information and contact details interested
parties may consult the Hearing Officer’s web pages on
3. A
duly
substantiated
claim
for
market
economy
treatment
the Directorate-General for Trade’s website: http://ec.
must reach the Commission within 37 days of the date of the
europa.eu/trade/tackling-unfair-trade/hearing-officer/
entry into force of this Regulation.
index_en.htm
4. Interested
parties
are
required
to
make
all
submissions
and
HAS ADOPTED THIS REGULATION:
requests in electronic format (non-confidential submissions via
e-mail, confidential ones on CD-R/DVD), and must indicate
Article 1
their name, address, e-mail address, telephone and fax
numbers. However, any Powers of Attorney, signed certifi
A review of Implementing Regulation (EU) No 1389/2011 is
cations, and any updates thereof, accompanying questionnaire
hereby initiated pursuant to Article 11(4) of Regulation (EC) No
replies must be submitted on paper, i.e. by post or by hand, at
1225/2009 in order to determine if and to what extent the
the address below. If an interested party cannot provide its
imports of trichloroisocyanuric acid and preparations thereof,
submissions and requests in electronic format, it must
also referred to as ‘symclosene’ under the international non-
immediately inform the Commission in compliance with
proprietary name (INN), currently falling within within CN
Article 18(2) of the basic Regulation. For further information
codes ex 2933 69 80 and ex 3808 94 20 (TARIC codes
concerning correspondence with the Commission, interested
2933 69 80 70 and 3808 94 20 20), originating in the
parties may consult the relevant web page on the website of
the Directorate-General for Trade: http://ec.europa.eu/trade/
( 1 ) OJ L 8, 12.1.2001, p. 1.
tackling-unfair-trade/trade-defence

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28.8.2013 Official
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of
the
European
Union L
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All written submissions, including the information requested in this Regulation, questionnaire replies and
correspondence provided by interested parties on a confidential basis must be labelled as ‘Limited’ ( 1 ) and, in
accordance with Article 19(2) of Regulation (EC) No 1225/2009, must be accompanied by a non-
confidential version, which must be labelled ‘For inspection by interested parties’.
Commission address for correspondence:
European Commission
Directorate-General for Trade
Directorate H
Office: N105 4/92
1049 Bruxelles/Brussel
BELGIQUE/BELGI
Fax +32 22962219
E-mail: trade-tcca-review@ec.europa.eu
Article 5
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, 27 August 2013.
For the Commission
The President
José Manuel BARROSO
( 1 ) A ‘Limited’ document is a document which is considered confidential pursuant to Article 19 of Council Regulation
(EC) No 1225/2009 (OJ L 343, 22.12.2009, p. 51) and Article 6 of the WTO Agreement on Implementation of
Article VI of the GATT 1994 (Anti-Dumping Agreement). It is also a document protected pursuant to Article 4 of
Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43).

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