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
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Address https://gelex.eu/eli/EU/regulation/2012/332@2012-04-13/en
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1515/2001 of 23 July 2001 on the measures that may be taken by the Community following a report adopted by the WTO Dispute Settlement Body concerning anti-dumping and anti-subsidy matters, and in particular Article 2(1) thereof,
Having regard to the proposal submitted by the European Commission (the Commission) after having consulted the Advisory Committee,
Whereas: PROCEDURE Measures in force
(1) By Regulation (EC) No 130/2006, the Council imposed a definitive anti-dumping duty, ranging from 0 % to 34,9 %, on imports of tartaric acid (TA) originating in the People’s Republic of China (China). The rate of the definitive anti-dumping duty imposed on TA produced by the Chinese exporting producer Hangzhou Bioking Biochemical Engineering Co., Ltd (Hangzhou Bioking) was 0 %.
Initiation of an expiry review and of a review of existing measures on Hangzhou Bioking
(2) Following the publication of a notice of impending expiry of the anti-dumping measures in force, the Commission received on 27 October 2009 a request for the initiation of an expiry review of these measures pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (the basic Regulation).
(3) Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initiation of an expiry review, the Commission announced on 26 January 2011 the initiation of an expiry review pursuant to Article 11(2) of the basic Regulation, by a notice published in the Official Journal of the European Union (Notice of initiation).
(4) In the Notice of initiation, the Commission also announced the initiation of a review of existing 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 130/2006 in the light of the WTO Appellate Body report entitled Mexico — Definitive Anti-Dumping Measures on Beef and Rice. This report found, in paragraphs 305 and 306, that an exporting producer not found to be dumping in an original investigation has to be excluded from the scope of the definitive measure imposed as a result of such investigation and cannot be made subject to administrative and changed circumstances review.
Initiation of a new proceeding
(5) On 29 July 2011, the Commission announced, by a notice published in the Official Journal of the European Union, the initiation of an anti-dumping investigation pursuant to Article 5 of the basic Regulation concerning imports into the European Union of tartaric acid originating in China, limited to Hangzhou Bioking.
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
Versions
Cited by
- Commission Implementing Regulation (EU) 2018/921 of 28 June 2018 imposing a definitive anti-dumping duty on imports of tartaric acid originating in the People's Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council Regulation · Grade B
In April 2012, by Council Implementing Regulation (EU) No 332/2012, following the publication of the Beef and Rice WTO Appellate Body report, the Council excluded exports from Hangzhou Bioking Biochemical Engineering Co. Ltd (Hangzhou Bioking), an exporting producer benefitting from a 0 % duty rate, from the scope of the measures.
- Commission Implementing Regulation (EU) 2018/921 of 28 June 2018 imposing a definitive anti-dumping duty on imports of tartaric acid originating in the People's Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council Regulation · Grade B
Exports by Hangzhou Bioking were excluded from the analysis of the likelihood of continuation or recurrence of dumping pursuant to Implementing Regulation (EU) No 332/2012 mentioned in recital (2). The analysis below was solely based on exports of the product under review by exporters/producers subject to the measures.
- Council Implementing Regulation (EU) No 349/2012 of 16 April 2012 imposing a definitive anti-dumping duty on imports of tartaric acid originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009 Regulation · Grade B
On 16 April 2012, following a review of the existing measures on Hangzhou Bioking initiated on the basis of Article 2(3) of Regulation (EC) No 1515/2001, in light of the WTO Appellate Body report entitled Mexico — Definitive Anti-Dumping Measures on Beef and Rice, which found, in paragraphs 305 and 306, that an exporting producer not found to be dumping in an original investigation has to be excluded from the scope of the definitive measure imposed as a result of such investigation and cannot be made subject to administrative and changed circumstances review, the Council, by Regulation (EU) No
- Council Implementing Regulation (EU) No 626/2012 of 26 June 2012 amending Implementing Regulation (EU) No 349/2012 imposing a definitive anti-dumping duty on imports of tartaric acid originating in the People’s Republic of China Regulation · Grade B
In 2006, the Council imposed, by means of Regulation (EC) No 130/2006, a definitive anti-dumping duty on imports of tartaric acid originating in the People’s Republic of China (PRC or the country concerned) (the original anti-dumping measures). This Regulation was amended by Council Regulation (EC) No 150/2008. In 2012, the Council amended those measures by Implementing Regulation (EU) No 332/2012 and extended them for a further five years by Implementing Regulation (EU) No 349/2012.
- Commission Implementing Decision (EU) 2016/176 of 9 February 2016 terminating the anti-dumping proceeding concerning imports of tartaric acid originating in the People's Republic of China and produced by Hangzhou Bioking Biochemical Engineering Co. Ltd Decision · Grade B
In line with the WTO Appellate Body report in case Mexico — Definitive Anti-dumping Measures on Beef and Rice (the WTO Appellate Body report), by Council Implementing Regulation (EU) No 332/2012 the Chinese exporting producer Hangzhou Bioking Biochemical Engineering Co. Ltd was excluded from subsequent reviews of the measures as imposed by Regulation (EC) No 130/2006.
- Commission Implementing Decision (EU) 2016/176 of 9 February 2016 terminating the anti-dumping proceeding concerning imports of tartaric acid originating in the People's Republic of China and produced by Hangzhou Bioking Biochemical Engineering Co. Ltd Decision · Grade B
The dumping margin of an exporting producer is not as such a conclusive economic indicator of injury. Indeed, the fact that imports are dumped does not necessarily imply that these imports will cause injury to the domestic industry. It merely represents a vehicle by which an exporting producer can achieve a higher market penetration (increase market share and import volumes). The Commission further noted that Bioking's imports into the Union have been excluded from the scope of the current measures by a legally valid Union act, Implementing Regulation (EU) No 332/2012. On these grounds the arg
- Judgment of the Court (First Chamber) 28 September 2023 Judgment · Grade B
On 13 April 2012, the Council adopted Implementing Regulation (EU) No 332/2012 amending Regulation No 130/2006, and excluding company Hangzhou Bioking Biochemical Engineering Co., Ltd from the definitive measures (OJ 2012 L 108, p. 1).
- Judgment of the Court (First Chamber) 28 September 2023 Judgment · Grade B
In that regard, it should be noted that, as is apparent from paragraphs 23, 24 and 29 of the present judgment, the Council, relying on the considerations arising from paragraphs 305 and 306 of the WTO Appellate Body report of 29 November 2005 in the case of Mexico – Definitive Anti-Dumping Measures on Beef and Rice (WT/DS 295/AB/R), considered it appropriate, in Implementing Regulation No 332/2012, to exclude exports from Hangzhou to the Union market from the scope of the measures imposed by Regulation No 130/2006. Drawing the consequences of that exclusion, the Commission, by Implementing Dec
- Judgment of the General Court (Ninth Chamber) 15 March 2018 Judgment · Grade B
In line with the report from the Appellate Body of the World Trade Organisation (WTO) entitled Mexico — Definitive Anti-dumping Measures on Beef and Rice (WT/DS295/AB/R, 29 November 2005, AB-2005-6), Council Implementing Regulation (EU) No 332/2012 of 13 April 2012 amending Regulation No 130/2006 (OJ 2012 L 108, p. 1) excluded Hangzhou Bioking from the definitive measures imposed by Regulation No 130/2006 and, in particular, from subsequent reviews of those measures.