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MOFCOM Announcement No. 35 of 2013 on Case-filling of the Expiry Review of Anti-dumping Investigation Against Dimethyl Ketone

Issued by: Ministry of Commerce of the People’s Republic of China
Announcement No. 35, 2013
Date of Issuance: June 7, 2013

On June 8, 2008, the Ministry of Commerce issued an annual Announcement No. 40, deciding to levy anti-dumping duties against imports of Dimethyl Ketone originated in Japan, Singapore, South Korea and Taiwan region for five years starting from June 9, 2008.

On September 9, 2010, the Ministry of Commerce issued an annual Announcement No. 54, deciding to adjust the anti-dumping tax rate applicable to imports of dimethyl ketone of KOREAN KUMHO P&B CHEMICALS, INC. from 8.9% to 4.3% starting from September 10, 2010.

On December 7, 2012, the Ministry of Commerce issued an annual Announcement No. 85, declaring that the anti-dumping measures against imports of dimethyl ketone originated in Japan, Singapore, South Korea and Taiwan region would expire on June 9, 2013. In accordance with the Regulations of the People’s Republic of China on Anti-dumping, if termination of levy of anti-dumping duties after review is likely to cause the continuance or reoccurrence of dumping and injury, the period for the levy of anti-dumping duties maybe extended appropriately; as of the issuance of the announcement, any natural person, legal person or relevant organization of or on behalf of domestic industry may, 60 days before the expiration of these anti-dumping measures, apply for expiry review in written form to the Ministry of Commerce.

On April 3, 2013, the Ministry of Commerce received a formal application for expiry review on anti-dumping measures from SINOPEC BEIJING YANSHAN COMPANY and SINOPEC SHANGHAI GAOQIAO COMPANY on behalf of the dimethyl ketone industry in China Mainland. The applicants claimed, if the anti-dumping measures against the imports of dimethyl ketone originated in Japan, Singapore, South Korea and Taiwan region was terminated, the dumping behavior and injury to the industry in China Mainland may reoccur, and requested the Ministry of Commerce to rule and maintain the anti-dumping measures against imports of dimethyl ketone originated in Japan, Singapore, South Korea 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 has reviewed the qualifications of the applicants, relevant situations of products under investigation and similar products in China Mainland, the imports of products under investigation during the period of taking anti-dumping measures, the likeliness of continuance or re-occurrence of dumping or injury, and relevant evidence. The application indicated that China Bluestar Harbin Petrochemical Corp. and SINOPEC SABIC TianJin Petrochemical Company Limited expressed their supports for the application of review. The evidence provided by the applicants showed that, the total production volume of dimethyl ketone of the applicants and the supporters in 2012 accounted for over 50% of the total production volume of China Mainland, which complied with the provisions of Article 11, Article 13 and Article 17 of the Regulations of the People’s Republic of China on Anti-dumping on industry and industrial representativeness, thus the applicants were qualified to file applications on behalf of the industry in China Mainland. The Ministry of Commerce holds that, the claims from the applicants and the prima facie evidence provided comply with the requirements for case-filing of an expiry 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 an expiry review against the anti-dumping measures applicable to the imports of Dimethyl Ketone originated in Japan, Singapore, and South Korea and Taiwan region from June 8, 2013. Relevant matters are hereby announced as follows:

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 dimethyl ketone originated in Japan, Singapore, South Korea and Taiwan region pursuant to the scope and rate of anti-dumping duty as released in Announcement No. 40 of 2008 and Announcement No. 54 of 2010 by the Ministry of Commerce during the period of the expiry review. For exporters that have already signed price undertaking agreements, such agreements shall remain effective during the period of the expiry review.

II. Review Period

The review period of the dumping investigation is from January 1, 2012 to December 31, 2012, and the period of industry injury investigation is from January 1, 2008 to December 31, 2012.

III. 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 Announcement No. 40 of 2008 by the Ministry of Commerce. The products under investigation are listed under tariff No. 29141100 in the Customs Import and Export Tariff of the People's Republic of China.

IV. Content of the Review

The review is to investigate the likeness of the continuation or recurrence of the dumping and injuries in case of termination of the anti-dumping measures taken against the imports of dimethyl ketone originated in Japan, Singapore, South Korea and Taiwan region.

V. Process of the Review

(i)Registration for response

Any interested party may apply for response to 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 shall provide the volume and value of exports of the products under investigation to Mainland China during the period of investigation. The Reference Format of the Registration for Response to the dumping Investigation is available by downloading from the “Case Status” column on 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 response to 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 is available by downloading from the “Announcement” column of China Trade Remedy Information (website: www.cacs.gov.cn).

(ii) Rights of the interested parties

Any interested party may download the non-confidential text of the application submitted by the applicants under the column of “Case Status” on the website of the Bureau of Fair Trade for Imports and Exports, a sub web of the website of the Ministry of Commerce or visit MOFCOM Trade Remedy Public Information Consultation Office for reference (tel: 010-65197878).

Any interested party may submit written comments to the Ministry of Commerce within 20 days as of the issuance of this Announcement in case of any objection to the scope of the products under investigation, qualification of the applicants, countries (regions) under investigation and other related issues with regard to this investigation.

(iii)Questionnaire

1. Questionnaire on Dumping

Within 10 business days upon the expiration of the registered response as specified in this Announcement, the Ministry of Commerce will distribute the questionnaire to the registered responding companies and other companies listed in the application. The questionnaire consists of such matters as organization and operation of the company, products under investigation, export sales to China (Mainland), domestic (regional) sales, export sales to other countries (regions) other than China (Mainland), cost of production and correlative expenses, estimated dumping margin and check slip etc. The questionnaire is available by downloading under the column “Case Status” on the website of Bureau of Fair Trade for Imports and Exports, a sub web of the Ministry of Commerce. Other companies not registered for the response may directly download or ask the Ministry of Commerce for the questionnaire and then complete and submit the same as required.

All the above mentioned companies shall submit their answers to the Questionnaire in a complete and accurate manner within the specified period of time. The answers to the Questionnaire shall contain all the information required thereof, which shall be returned to the Ministry of Commerce within 37 days as of distribution of the Questionnaire. Such companies demonstrating that they cannot complete the Questionnaire by the expiry date with just causes shall, seven days prior to the deadline of submitting the answers, submit a written application to the Ministry of Commerce for an extension stating the request for extension and reasons accordingly.

If and in case that the above mentioned companies fail to submit their answers to the questionnaire within the specified period of time or fail to submit a complete and accurate questionnaire as required, or refuse the Ministry of Commerce to verify the information provided by them, or seriously impede the investigation in other ways, the Ministry of Commerce may make a decision based on obtained facts and best available information in accordance with Article 21 of the Regulations of the People’s Republic of China on Anti-dumping.

2. Questionnaire on Industry Injury Investigation
Notices in connection with the Questionnaire on Industry Injury Investigation are available for reference on the website of China Trade Remedy Information.

(iv) Hearing

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

(v) 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 accept such verification, and before the verification, the Ministry of Commerce will inform relevant countries (regions) and enterprises in advance.

(vi)Period of Investigation

The investigation will start from June 8, 2013 and is usually expected to conclude before June 8, 2014.

VI. Contact Information

Bureau of Fair Trade for Imports and Exports of MOFCOM
Add.: No 2 Dong Chang'an Avenue, Beijing
Zip code: 100731


Contact: Wang Jun and Li Guogang

Tel: (8610)65198746; 65198747
Fax: (8610)65198164


Bureau of Industry Injury Investigation of MOFCOM
Add: No 2 Dong Chang'an Avenue, Beijing
Zip code: 100731


Contact: Wang Yachao and Wu Feng
Tel: (8610) 65198066; 65198069
Fax: (8610)65197578



Ministry of Commerce of the People’s Republic of China
June 7, 2013


Translated by Hou Zuowei

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