20.4.2012 Official Journal of the European Union L 108/1 II (Non-legislative acts) REGULATIONS 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 THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community () (‘the basic Regulation’). Having regard to Council Regulation (EC) No 1515/2001 of ® Iélavmg. determined, .a.fter con sulting j[he Advisory ommittee, that sufficient evidence existed for the 23 July 2001 on the measures that may be taken by the o ¢ . . he - Community following a report adopted by the WTO Dispute initiation do azrl 6 XpIY ;eovlleiw,ht o Qmmlsf510n Settlement Body concerning anti-dumping and anti-subsidy announeed on January Artic] the 1n1t1aft1oE Ob an matters ('), and in particular Article 2(1) thereof, 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’). Having regard to the proposal submitted by the European Commission (the Commission) after having consulted the Advisory Committee, (4 In the Notice of initiation, the Commission also announced the initiation of a review of existing Whereas: 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 A. PROCEDURE 130/2006 in the light of the WTO Appellate Body 1. Measures in force report entitled Mexico — Definitive Anti-Dumping Measures on Beef and Rice (). This report found, in (1) By Regulation (EC) No 130/2006 (3, the Council paragraphs 305 and 306, that an exporting producer imposed a definitive anti-dumping duty, ranging from not found to be dumping in an original investigation 0% to 34,9 %, on imports of tartaric acid (TA’) orig- has to be excluded from the scope of the definitive inating in the People’s Republic of China (‘China). The measure imposed as a result of such investigation and rate of the definitive anti-dumping duty imposed on TA cannot be made subject to administrative and changed produced by the Chinese exporting producer Hangzhou circumstances review. Bioking Biochemical Engineering Co., Ltd (‘Hangzhou Bioking') was 0 %. 3. Initiation of a new proceeding 2. Initiation of an expiry review and of a review of existing measures on Hangzhou Bioking (5)  On 29 July 2011, the Commission announced, by a (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 0J L 201, 26.7.2001, p. 10. () O] L 23, 27.1.2006, p. 1. 0] C 211, 4.8.2010, p. 11. 4 6 7 J ] notice published in the Official Journal of the European Union (7), the initiation of an anti-dumping investigation pursuant to Article 5 of the basic Regulation concerning imports into the European Union of tartaric acid orig- inating in China, limited to Hangzhou Bioking. (% OJ L 343, 22.12.2009, p. 51. () O () () C 24, 26.1.2011, p. 14. WT/DS295/AB[R, 29 November 2005. 0] C 223, 29.7.2011, p. 11.