24.4.2012 Official Journal of the European Union L 110/3 II (Non-legislative acts) REGULATIONS 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 12252009 THE COUNCIL OF THE EUROPEAN UNION, (2)  On 22 February 2008, following a review initiated on the basis of Article 11(3) of the basic Regulation, the Council, by Regulation (EC) No 150/2008 (}), amended the scope of the abovementioned measures. Having regard to the Treaty on the Functioning of the European Union, (3)  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 Having regard to Council Regulation (EC) No 1225/2009 of the WTO Appellate Body report entitled ‘Mexico — 30 November 2009 on protection against dumped imports Definitive Anti-Dumping Measures on Beef and Rice’ (), from countries not members of the European Community (') which found, in paragraphs 305 and 306, that an (the basic Regulation), and in particular Article 9(4) and exporting producer not found to be dumping in an Article 11(2), 11(5) and 11(6) thereof, 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 admin- istrative and changed circumstances review, the Council, by Regulation (EU) No 332/2012 (), amended the Having regard to the proposal submitted by the European measures regarding Hangzhou Bioking. Commission (the Commission’) after consulting the Advisory Committee, (4)  The investigation that led to the measures imposed by the original Regulation will be hereinafter referred to as Whereas: ‘the original investigation’. 2. Request for an expiry review A. PROCEDURE (5)  Following the publication of a notice of impending 1. Previous investigations and measures in force expiry (6) of the anti-dumping measures in force, the . o Commission received on 27 October 2009 a request (1) By Regulation (EC) No 130/2006 (2). (Fhe orlgl.nal Regu- for the initiation of an expiry review of these measures lation), the. Council imposed a_definitive anp—dumpmg pursuant to Article 11(2) of the basic Regulation. The duty, ranging from 0% to 34,9 % on imports of request was lodged by the following producers (the tartaric acid (TA) originating in the People's Republic of applicants): Distillerie Bonollo SpA, Industria Chimica China (‘China)). It is recalled that the rate of the definitive Valenzana SpA, Distillerie Mazzari SpA, Caviro Distillerie ant.i—dumping dqu imposed on TA produced b}’ Fhe SRL and Comercial Quimica Sarasa SL representing a Chinese  exporting  producer  Hangzhou  Bioking major proportion, in this case more than 50 %, of the Biochemical Engineering Co. Ltd (Hangzhou Bioking’) total Union production of TA. was 0 % while it ranged between 4,7 % and 34,9 % for other Chinese exporting producers. WT/DS295/AB[R, 29 November 2005. L 108, 20.4.2012, p. 1. () - () (1) OJ L 343, 22.12.2009, p. 51. () O] 0J (6) O] C 211, 4.8.2010, p. 11. () O] L 23, 27.1.2006, p. 1.