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MOFCOM Announcement No.31 of 2016 on the Final Ruling on the Anti-dumping Investigation against Imports of Polyacrylonitrile Fiber Originated in Japan, the Republic of Korea and Turkey

In accordance with the Anti-dumping Regulations of the People's Republic of China (hereinafter referred to as the “Anti-dumping Regulations”), on July 14, 2015, the Ministry of Commerce (hereinafter referred to as the “Investigation Authority”) issued Announcement No. 22 of 2015, deciding to carry out anti-dumping investigation against imports of polyacrylonitrile fiber (hereinafter referred to as the “Products under Investigation”) originated in Japan, the Republic of Korea and Turkey.

The Investigation Authority has investigated into the existence of dumping and dumping margin, the existence of damage to China’s domestic industry of polyacrylonitrile fiber caused by the Products under Investigation and the extent of such damage, as well as the causal relationship between the dumping and the damage. According to the investigation findings and Article 24 of the Anti-dumping Regulations, the Investigation Authority released on April 1, 2016, an announcement on the preliminary ruling, affirming that there was dumping of polyacrylonitrile fiber originated in Japan, the Republic of Korea and Turkey and the domestic polyacrylonitrile fiber industry was substantially damaged, and there was causal relationship between the dumping and the substantive damage.

Upon the preliminary ruling, the Investigation Authority continued its investigation into the dumping and dumping margin, the damage and the extent of such damage, as well as the causal relationship between the dumping and the damage. The investigation now comes to an end. The Investigation Authority has made the final ruling (See the Annex) according to Article 25 of the Anti-dumping Regulations. Relevant matters are hereby announced as follows:

I. Final Ruling

Upon investigation, the Investigation Authority made a final ruling that during the investigation period of this case, there was dumping of imports of polyacrylonitrile fiber originated in Japan, the Republic of Korea and Turkey and China's domestic industry was substantially damaged, and there was causal relationship between the dumping and the substantive damage.

II. Levy of Anti-dumping Duties

The Investigation Authority, in accordance with Article 38 of the Anti-dumping Regulations, proposed suggestions on the levy of anti-dumping duties to the Customs Tariff Commission of the State Council, which then decided, as of July 14, 2016, to impose anti-dumping duties on imports of polyacrylonitrile fiber originated in Japan, the Republic of Korea and Turkey.

Details of the Products under Investigation are as follows:

Scope of investigation: Imports of polyacrylonitrile fiber originated in Japan, the Republic of Korea and Turkey.
Name of the Products under Investigation: 腈纶,又称聚丙烯腈纤维。
English name: Polyacrylonitrile fiber, or Acrylic fiber.
Chemical structural formula:
R represents: CN or other functional groups

Description: A synthetic fiber made from acrylonitrile copolymer as its main monomer, polyacrylonitrile fiber has a molecular chain at least 85% (mass fraction) of which is acrylonitrile repeating units. It usually appears as a white (or dyed other colors), curly, fluffy and soft, woolly and warms than wool, and it is also called "synthetic wool". Polyacrylonitrile fiber's relative density is low and has better chemical stability (resist acid, alkali, oxidant and general organic solvents); moreover, it boasts of excellent performance including light resistance, heat resistance, weather resistance and mould proof and mothproof. Polyacrylonitrile fiber is usually divided into three specifications, i.e. acrylic tow, acrylic yarn and acrylic top.

Main purposes: After being processed into yarn via cotton spinning or wool spinning, polyacrylonitrile fiber is mainly used for clothing (such as hats, gloves, scarves, artificial fur, sweaters and knitted sportswear), decoration (such as carpet, curtains), blankets, plush toys and outdoors (such as overclothes for cars, ships) and other fields.

The product is listed under tariff numbers of 55013000, 55033000 and 55063000 in the Customs Import and Export Tariff of the People’s Republic of China. Modacrylic (modacrylic fibre) under the above tariff number falls beyond the scope of the Products under Investigation.
Rates of anti-dumping duty imposed on companies are as follows:

Japanese companies:
1. JAPANEXLAN CO., LTD 16.1%
2. MitsubishiRayon Co., Ltd. 15.8%
3. TorayIndustries, Inc. 16.0%
4. All Others 16.1%

Companies of the Republic of Korea:
1. TAEKWANG INDUSTRIAL CO., LTD. 4.1%
2. All Others 16.1%

Companies of Turkey:
1. Aksa Akrilik Kimya Sanayii A.Ş. 8.2%
2. All Others 16.1%

III. Methods of Levying Anti-dumping Duties

As of July 14, 2016, import operators shall pay relevant anti-dumping duties to the Customs of the People’s Republic of China when importing polyacrylonitrile fiber originated in Japan, the Republic of Korea and Turkey. The anti-dumping duties shall be levied by means of ad valorem on the basis of dutiable value authorized by China Customs, and the formula is: Anti-dumping duties = dutiable value authorized by China Customs x rate of anti-dumping duties. The import value-added tax shall be levied by means of ad valorem with the dutiable value authorized by China Customs plus the tariff and anti-dumping duties as the taxable value.

IV. Retrospective Collection of Anti-dumping Duties

Deposits provided by relevant importers to the Customs of the People’s Republic of China from April 2, 2016 to July 13, 2016 according to the announcement on the preliminary ruling, shall be transferred on the basis of detailed description of commodities taxable and the rate of anti-dumping duties determined by the final ruling to anti-dumping duties, and the import value-added tax shall also be levied at relevant rate of value-added tax. Any excess of the deposits provided by importers during this period over the anti-dumping duties and the corresponding import value-added tax will be refunded by the Customs, and the short-levied duties will not be levied.

Retrospective collection of anti-dumping duties will not be carried out for polyacrylonitrile fiber originated in Japan, the Republic of Korea and Turkey that were imported before the implementation of the temporary anti-dumping measures.

V. Period of Levying Anti-dumping Duties

The implementation period of levying anti-dumping duties on imports of polyacrylonitrile fiber originated in Japan, the Republic of Korea and Turkey lasts for 5 years starting from July 14, 2016.

VI. New Exporter Review

Any new exporter in Japan, the Republic of Korea and Turkey that does not export the Products under Investigation to the People’s Republic of China during the investigation period, if qualified, may apply in writing to the Investigating Authority for a new exporter review according to Article 47 of the Anti-dumping Regulations.

VII. Interim Review

During the period of levying anti-dumping duties, relevant interested parties may apply in writing to the Investigating Authority for an interim review in light of Article 49 of the Anti-dumping Regulations.

VIII. Administrative Reconsideration and Administrative Litigation

Any person who refuses to accept the final ruling of this case and the decision to levy anti-dumping duties may, according to Article 53 of the Anti-dumping Regulations, apply for an administrative reconsideration or initiate a litigation to the people's court according to the law.

IX. The MOFCOM Announcement No.31 of 2016 on the Final Ruling on the Anti-dumping Investigation against Imports of Polyacrylonitrile Fiber Originated in Japan, the Republic of Korea and Turkey will take effect as of July 14, 2016.

Ministry of Commerce of the People's Republic of China

July 13, 2016

(All information published in this website is authentic in Chinese. English is provided for reference only. )