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MOFCOM Announcement No.69 of 2012 on Case-filling of the Final Review of the Anti-dumping Measures against Methyl Ethyl Ketone
Issued by: Ministry of Commerce of the People’s Republic of China
Announcement No. 69, 2012
Date of Issuance: November 21, 2012

The Ministry of Commerce, on November 21, 2007, released annual Announcement No. 81, deciding to levy anti-dumping duties against the imports of methyl ethyl ketone originated in Japan, Taiwan region and Singapore for 5 years from November 22, 2007.

On May 16, 2012, the Ministry of Commerce released annual Announcement No. 22, declaring that the anti-dumping measures taken against the imports of methyl ethyl ketone originated in Japan, Taiwan region and Singapore will expire on November 21, 2012. In accordance with the provisions of the Regulations of the People's Republic of China on Anti-dumping, if the review determined that termination of levying anti-dumping duties may lead to continuation or recurrence of dumping and injuries, the term of levying anti-dumping duties may be appropriately extended; since the issuance of this Announcement, any natural person, legal person or relevant organization of or on behalf of the industry in Mainland China may submit a written petition for a final review to the Ministry of Commerce within 60 days prior to the termination date of the anti-dumping measures.

The Ministry of Commerce, on September 20, 2012, received a petition for a final review of the anti-dumping measures officially submitted by PetroChina Harbin Petrochemical Company, PetroChina Fushun Petrochemical Company, and PetroChina Lanzhou Petrochemical Company, as well as Zibo Qixiang Tengda Chemical Co., Ltd. on behalf of the methyl ethyl ketone industry in Mainland China. The petitioners claimed that if the anti-dumping measures were terminated, the dumping practice of imports of methyl ethyl ketone originated in Japan and Taiwan region might continue and again injure the industry in Mainland China. The petitioners appealed that the Ministry of Commerce should decide to maintain the anti-dumping measures taken against the imports of methyl ethyl ketone originated in Japan and Taiwan region.

In accordance with relevant provisions of the Regulations of the People's Republic of China on Anti-dumping, the Ministry of Commerce reviewed the qualification of the petitioners, the products under investigation and similar products in Mainland China, the imports of the products under investigation during the period of the taking anti-dumping measures, the possibility of continuation of the dumping and the injuries, and relevant evidences. The petition showed that Xinjiang Dushanzi TianLi High&New Tech Co., Ltd. P.R.C., Daqing Zhonglan Petrochemical Co., Ltd., CNOOC Huayue Chemical Company Limited and Taizhou Petrochemical Co., Ltd. were in support of the petition. The evidence submitted by the petitioners showed that the total output of the petitioners and the supporting enterprises in 2010, 2011 and the first half of 2012 accounted for 100% of the total output in Mainland China in the same period, conforming to the provisions on industry and industry representativeness under Articles 11, 13 and 17 of the Regulations of the People's Republic of China on Anti-dumping. Therefore, the petitioners were qualified to file such petition on behalf of the industry in Mainland China. The investigating authority determined that the claims of the petitioners and the prima facie evidence submitted by such petitioners complied with the requirements for a final review.

In accordance with Article 48 of the Regulations of the People's Republic of China on Anti-dumping, the Ministry of Commerce decides to initiate a final review against the anti-dumping measures applicable to the imports of methyl ethyl ketone originated in Japan and Taiwan region from November 21, 2012, and hereby announces the following:

I. Extension of the Anti-dumping Measures
According to the proposal of the Ministry of Commerce, the Customs Tariff Commission of the State Council made a decision to continue to levy anti-dumping duties on the imports of methyl ethyl ketone originated in Japan and Taiwan region pursuant to the anti-dumping duty scope and rate as released in MOFCOM Announcement No. 81 of 2007 during the period of the final review.

II. Termination of the Anti-dumping Measures Applicable to the Imports of Methyl Ethyl Ketone Originated in Singapore
As no petitions was filed by petitioners and the Ministry of Commerce decided not to initiate a final review, no anti-dumping duties will be levied on the imports of methyl ethyl ketone originated in Singapore as of November 22, 2012.

III. The Period of Review
The period of review of the dumping investigation is from July 1, 2011 to June 30, 2012 and that of industry injury investigation is from January 1, 2007 to June 30, 2012.

IV. Scope of Products under Investigation in the Review
The scope of products under the review is the same as that subject to the anti-dumping measures announced in MOFCOM Announcement No. 81 of 2007. The products under investigation are listed under tariff No. 29141200 in the Customs Import and Export Tariff of the People's Republic of China.
    
V. Content of the Review
The review is to investigate the possibility of the continuation or recurrence of the dumping and injuries caused by the termination of the anti-dumping measures taken against the imports of methyl ethyl ketone originated in Japan and Taiwan region.

VI. Process of the Review

A. Registration for case responding

Any interested party may apply for responding to the anti-dumping investigation with the Bureau of Fair Trade for Imports and Exports of MOFCOM within 20 days as of the issuance of this Announcement, and relevant exporters or producers from the said countries and regions shall provide the volume and value of exports of the products under investigation or those involved in this case to Mainland China and other markets during the period of investigation. The Reference Format of the Registration for Responding to the dumping Investigation is available by downloading from the “Announcement” Column of the web of the Bureau of Fair Trade for Imports and Exports of MOFCOM (a sub web of the Ministry of Commerce of the People’s Republic of China, website: http://gpj.mofcom.gov.cn).

Any interested party may apply for registration for the industry injury investigation with the Bureau of Industry Injury Investigation of MOFCOM within 20 days as of the issuance of this Announcement, supplying with materials about production capacity, output, inventory, ongoing construction and expansion plans. The Application Form for Participation in the Industry Injury Investigation for Final Review of the Anti-dumping Measures is available by downloading from the “Announcement” Column of China Trade Remedy Information (website: www.cacs.gov.cn).

B. Non-registered case responding
If any interested party fails to register for responding to the investigation within the time limit specified in this Announcement, the Ministry of Commerce shall be entitled to refuse relevant materials submitted by the party, and to make a ruling according to collected facts and best information available.

C. Rights of the interested parties
Any interested party in objection to the scope of the products under investigation, qualification of the petitioners, the investigated countries (regions) and other related issues may submit its opinions in writing to the Ministry of Commerce within 20 days as of the promulgation of this Announcement.
Any interested party may look into the non-confidential text files including the petition submitted by the petitioners in the Trade Remedy Public Information Room of the Ministry of Commerce.

D. Distribution of questionnaires
The Ministry of Commerce will, in order to obtain necessary information for the investigation, distribute questionnaires to related interested parties. Relevant information on the industry injury questionnaire is available on the website of China Trade Remedy Information (website: www.cacs.gov.cn). Answers to questionnaires by such interested parties should be submitted within the time and in a manner stated in such questionnaires.

E. Hearing

Any interested party may submit, in accordance with the Interim Rules on Hearing of Anti-dumping Investigations and the Rules on Hearing of Industry Injury Investigation by the Ministry of Commerce, a written petition to hold a hearing, and the Ministry of Commerce, as it deems necessary, may also initiate a hearing.

F. On-site verification

The Ministry of Commerce will dispatch staff at home or abroad for on-site verification if necessary. All materials submitted by any interested party shall contain declarations to agree to receive such verification, and before the verification, the Ministry of Commerce will inform relevant countries, regions, and enterprises in advance.

G. The period of investigation

The investigation started from November 21, 2012 and is usually expected to conclude before November 21, 2013.

VII. Non-cooperation

According to Article 21 of the Regulations of the People's Republic of China on Anti-dumping, any interested party shall truthfully provide relevant information and materials during the investigation by the investigating authority. If any interested party fails to give true information or provide relevant materials, or fails to provide necessary information within a reasonable time, or seriously obstructs investigation by other means, the investigating authority may make a ruling according to collected facts and best information available.

VIII. Contact Information

Bureau of Fair Trade for Imports and Exports of MOFCOM
Add.: No 2 Dong Chang'an Avenue, Beijing
Zip code: 100731
Contact: Ze Yujing and Chen Guihua
Tel: (8610) 65198420, 85093410
Fax: (8610) 65198172

Bureau of Industry Injury Investigation of MOFCOM
Add.: No 2 Dong Chang'an Avenue, Beijing
Zip code: 100731
Contact: Gao Xin and Zheng Jiang
Tel: (8610) 65198053, 65198076
Fax: (8610) 65197586

Annex: Registration Form for Responding

Ministry of Commerce of the People’s Republic of China
November 21, 2012



(From: Bureau of Fair Trade for Imports and Exports of MOFCOM)


Translated by Hu Xiaoying

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