The Commission has received an application for a ‘new exporter’ review pursuant to Article 11(4) of the basic Regulation. The application was lodged by Fuyang Genebest Chemical Industry Co. Ltd (‘the applicant’), an exporting producer in the People’s Republic of China (‘the country concerned’).

The product under review is tartaric acid originating in the People’s Republic of China (‘the product concerned’), currently classifiable within CN code 2918 12 00. This CN code is given only for information.

The applicant alleges that it operates under market economy conditions as defined in Article 2(7)(c) of the basic Regulation or alternatively claims individual treatment in conformity with Article 9(5) of the basic Regulation, that it did not export the product concerned to the Community during the period of investigation on which the anti-dumping measures were based, i.e. the period from 1 July 2003 to 30 June 2004 (‘the original investigation period’) and that it is not related to any of the exporting producers of the product which are subject to the above mentioned anti-dumping measures.

The applicant further alleges that it has begun exporting the product concerned to the Community after the end of the original investigation period.

Community producers known to be concerned have been informed of the above application and have been given an opportunity to comment. No comments have been received.

Having examined the evidence available, the Commission concludes that there is sufficient evidence to justify the initiation of a ‘new exporter’ review, pursuant to Article 11(4) of the basic Regulation, with a view to determine whether the applicant operates under market economy conditions as defined in Article 2(7)(c) of the basic Regulation or alternatively whether the applicant fulfils the requirements to have an individual duty established in accordance with Article 9(5) of the basic Regulation and, if so, the applicant’s individual margin of dumping and, should dumping be found, the level of the duty to which their imports of the product concerned into the Community should be subject.

1. (a)

   Questionnaires

   In order to obtain the information it deems necessary for its investigation, the Commission will send a questionnaire to the applicant.

2. (b)

   Collection of information and holding of hearings

   All interested parties are hereby invited to make their views known in writing and to provide supporting evidence.

   Furthermore, the Commission may hear interested parties, provided that they make a request in writing showing that there are particular reasons why they should be heard.

   Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the parties making themselves known within the period provided for by the present Regulation.

3. (c)

   Market economy status

   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 Article 2(7)(c) of the basic Regulation, normal value will be determined in accordance with Article 2(7)(b) of the basic Regulation. For this purpose, duly substantiated claims must be submitted within the specific time limit set in Article 4(3) of this Regulation. The Commission will send claim forms to the applicant, as well as to the authorities of the People’s Republic of China.

4. (d)

   Selection of the market economy country

   In the event that the applicant is not granted market economy treatment but fulfils the requirements to have an individual duty established in accordance with Article 9(5) of the basic Regulation, an appropriate market economy country will be used for the purpose of establishing normal value in respect of the People’s Republic of China in accordance with Article 2(7)(a) of the basic Regulation. The Commission envisages using Argentina again for this purpose as was done in the investigation which led to the imposition of measures on imports of the product concerned from the People’s Republic of China. Interested parties are hereby invited to comment on the appropriateness of this choice within the specific time limit set in Article 4(2) of this Regulation.

   Furthermore, in the event that the applicant is granted market economy treatment, the Commission may, if necessary, also use findings concerning the normal value established in an appropriate market-economy country, e.g. for the purpose of replacing any unreliable cost or price elements in the People’s Republic of China which are needed in establishing the normal value, if reliable required data are not available in the People’s Republic of China. The Commission envisages using Argentina also for this purpose.

Pursuant to Article 11(4) of the basic Regulation, the anti-dumping duty in force should be repealed with regard to imports of the product concerned which are produced and sold for export to the Community by the applicant. At the same time, such imports should be 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 dumping in respect of the applicants, anti-dumping duties can be levied retroactively from the date of the initiation of this review. The amount of the applicant’s possible future liabilities cannot be estimated at this stage of the proceeding.

1. (a)

   interested parties may make themselves known to the Commission, present their views in writing and submit the replies to the questionnaire mentioned in Article 4(1) of this Regulation or provide any other information to be taken into account during the investigation;

2. (b)

   interested parties may make a written request to be heard by the Commission;

3. (c)

   interested parties may comment on the appropriateness of Argentina which, in the event that the applicant will not be granted market economy treatment, is envisaged as a market-economy country for the purpose of establishing normal value in respect of the People’s Republic of China;

4. (d)

   the applicant should submit a duly substantiated claim for market economy treatment.

Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made, in accordance with Article 18 of the basic Regulation, of the facts available. If an interested party does not cooperate or cooperates only partially, and use of facts available is made, the result may be less favorable to that party than if it had cooperated.

It is noted that if interested parties consider that they are encountering difficulties in the exercise of your rights of defence, they may request the intervention of the Hearing Officer of DG Trade. He acts as an interface between the interested parties and the Commission services, offering, where necessary, mediation on procedural matters affecting the protection of their interests in this proceeding, in particular with regard to issues concerning access to the file, confidentiality, extension of time limits and the treatment of written and/or oral submission of views. For further information and contact details, interested parties may consult the Hearing Officer’s web pages on the website of DG Trade (http://ec.europa.eu/trade),