29.7.2008 Official Journal of the European Union L 200/1 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS COUNCIL REGULATION (EC) No 727/2008 of 24 July 2008 terminating the new exporter review of Regulation (EC) No 130/2006 imposing a definitive anti- dumping duty on imports of tartaric acid originating in the People’s Republic of China THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (') (the basic Regulation), and in particular Articles 11(4) thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: 1. MEASURES IN FORCE (1) By Regulation (EC) No 130/2006 (3, the Council imposed a definitive anti-dumping duty on imports of tartaric acid originating in the People’s Republic of China (PRC) (the original investigation). The measures in force consist of an ad valorem duty rate of 34,9 %, with the exception of several companies expressly mentioned which are subject to individual duty rates. (2) By Regulation (EC) No 150/2008 (*), following an interim review pursuant to Article 11(3) of the basic Regulation, the Council amended the scope of the measures. 2. CURRENT INVESTIGATION 2.1. Request for a review (3)  Subsequent to the imposition of the definitive anti- dumping measures, the Commission received a request L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation ) No 2117/2005 (O] L 340, 23.12.2005, p. 17). () O] L 23, 27.1.2006, p. 1. L 48, 22.2.2008, p. 1. for a ‘new exporter’ review pursuant to Article 11(4) of the basic Regulation. The request was based on the claim that the exporting producer, Fuyang Genebest Chemical Industry Co Ltd. (the applicant): — did not export tartaric acid before or during the investigation period of the original investigation, — was not related to any of the exporting producers subject to the measures imposed by Regulation (EC) No 130/2006, — had started to export tartaric acid to the Community after the end of the investigation period of the original investigation, — 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. 2.2. Initiation of a ‘new exporter’ review (40  The Commission examined the prima facie evidence submitted by the applicant and considered it sufficient to justify the initiation of a review pursuant to Article 11(4) of the basic Regulation. After consultation of the Advisory Committee and after the Community industry concerned had been given the opportunity to comment, the Commission initiated, by Regulation (EC) No 1406/2007 (¥, a review of Regulation (EC) No 130/2006 with regard to the applicant. (% O] L 312, 30.11.2007, p. 12.