MINISTRY OF COMMERCE PEOPLE'S REPUBLIC OF CHINA
MINISTRY OF COMMERCEIssued by: Ministry of Commerce of the People’s Republic of China
Announcement No.57, 2013
Date of Issuance: August 22, 2013
The Ministry of Commerce of the People’s Republic of China received, on June 28, 2013, the written petition for anti-dumping investigation formally submitted by Taibond Food Technology Co., Ltd. (hereinafter referred to as “the Petitioner”) on behalf of domestic tertiary butylhydroquinone, in which the Petitioner requested an anti-dumping investigation to be carried out against imports of tertiary butylhydroquinone originated in India.
In accordance with relevant provisions of the Regulations of the People’s Republic of China on Anti-dumping, the Ministry of Commerce conducted an examination on qualification of the Petitioner, relevant conditions of imported products, similar products in China, impact on the domestic industry of the imported products and regions involved. The Ministry of Commerce also reviewed the evidence of dumping, injury and the causal link between dumping and injury provided in the petition. The evidence initially provided by the Petitioner suggests that, the output of tertiary butylhydroquinone of the Petitioner in 2010, 2011, 2012 and from January to March 2013 accounted for more than 50% of the total output of similar products in China, which complies with the requirements of Articles 11, 13 and 17 of the Regulations of the People’s Republic of China on Anti-dumping on petitioning for anti-dumping investigation by domestic industry. Meanwhile, the petition contains the contents and related evidence required for anti-dumping investigation as stipulated in Articles 14 and 15 of the Regulations of the People’s Republic of China on Anti-dumping.
In accordance with the examination results above and the provisions of Article 16 of the Regulations of the People’s Republic of China on Anti-dumping, the Ministry of Commerce decided to initiate an anti-dumping investigation against imports of tertiary butylhydroquinone originated in India as of August 22, 2013. And relevant matters are now hereby announced as follows:
I. Filing for Investigation and Period of Investigation
As of the date of issuance of this Announcement, the Ministry of Commerce performs anti-dumping investigations against imports of tertiary butylhydroquinone originated in India, the period of which determined for this investigation is from April 1, 2012 to March 31, 2013, and that of industry injury investigation is from January 1, 2010 to March 31, 2013.
II. Products Under Investigation and Scope of Investigation
Scope of investigation: Imports of tertiary butylhydroquinone originated in India
Name of products under investigation: Tertiary Butylhydroquinone, Tert-Butylhydroquinone or TBHQ.
Molecular formula: C10H14O2
Chemical structural formula:
Physical and chemical characteristics: Tertiary butylhydroquinone is a kind of white or reddish brown crystal powder with special slight odor. It is soluble in ethanol, acetic acid, ethyl ester, isopropyl alcohol and vegetable oil and it is barely soluble in water. Its boiling point is 300℃ and the melting point is 126.5-128.5℃. It does not change color when in touch with iron and cooper ions, but will change to pink color when alkali exists.
Main usage: It is mainly used as the anti-oxidant for food and edible oil and can prevent most greases and fat from rancidity. It is used to extend the storage period of greases and edible oil. As its anti-oxidation and bacteriostasis, it can also be used as additives in pharmaceutical industry and feed industry.
The products are included under tariff numbers of 29072210, 29072290 and 29072990 in the Customs Import and Export Tariff of the People’s Republic of China. Products other than tertiary butylhydroquinone that are included under the tariff numbers above are not covered in the range of investigation.
III. Registration for Responding
For the purpose of anti-dumping investigation, any interested party may, within 20 days from the release of this Announcement, register with the Bureau of Fair Trade for Imports and Exports of MOFCOM for responding, and exporters or manufacturers registered for responding shall provide to the Ministry of Commerce the volume and value of products under investigation exported to China from April 1, 2012 to March 31, 2013. The Reference Format for Responding to Anti-dumping Investigation is available for download from the Column “Trend of Case” on the website of the Bureau of Fair Trade for Imports and Exports, the sub web of the Ministry of Commerce (http://gpj.mofcom.gov.cn).
For the purpose of industry injury investigation, any interested party may, within 20 days from the release of this Announcement, register with the Bureau of Industry Injury Investigation of MOFCOM for responding, and shall provide the Ministry of Commerce with its production capacity, output, inventory, plans for construction and expansion as well as the volume and value of the products under investigation exported to China. The Application Form for Participation in Industry Injury Investigation Against Anti-dumping of Tertiary Butylhydroquinone is available for download from the Column Registration for Responding on the website of China Trade Remedy Information.
IV. Rights of Interested Parties
Any interested party may access to non-confidential text of the petition submitted by the Petitioner from the Column “Trend of Case” on the website of the Bureau of Fair Trade for Imports and Exports, the sub web of the Ministry of Commerce, or in the reading room of Anti-dumping Public Information Office (Tel: 86-10-65197878).
Any interested party may submit its written comments to the Ministry of Commerce within the registration period if it has objections to the coverage of this investigation, qualification of the Petitioner, countries under investigation and other related issues.
V. Methods of Investigation
Investigation authorities may adopt the methods of questionnaire, sampling, hearing, on-site verification or other methods to obtain and investigate information from interested parties.
Relevant information on the investigation of industry injury concerning this case is available on the website of China Trade Remedy Information.
VI. Questionnaire
(i) Questionnaire on Dumping of Tertiary Butylhydroquinone in the Anti-dumping Case
Within 10 business days upon expiration of the registered response specified in this Announcement, the Ministry of Commerce will distribute the Questionnaire to the registered responding companies and other companies listed in the petition. 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), production cost and relevant expenses, estimated dumping margin, the checklist and other contents. The Questionnaire on Dumping of Tertiary Butylhydroquinone in the Anti-dumping Case will then be available in the Column “Trend of Case” on the website of the Bureau of Fair Trade for Imports and Exports, the sub web of the Ministry of Commerce (http://gpj.mofcom.gov.cn). Other companies that are not registered for the response may directly download or ask the Ministry of Commerce for the Questionnaire and then complete and submit it 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, which shall contain all the information required by the Questionnaire and shall be returned to the Ministry of Commerce within 37 days as of distribution of the Questionnaire. Responding companies showing 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 of extension and reasons therefor.
For responding companies that fail to submit their answers or fail to submit complete and accurate answers as required within the specified period of time, 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.
(ii) Questionnaire on Industry Injuries in the Anti-dumping Case Against Tertiary Butylhydroquinone
Relevant notices on the Questionnaire on industry injuries are available on the website of China Trade Remedy Information.
VII. Starting from August 22, 2013, the investigation shall be completed by August 22, 2014 in normal circumstances, and may be extended to February 22, 2015 in special circumstances.
VIII. Address of the Ministry of Commerce
No. 2 Dong Chang’an Avenue, Beijing
Zip code: 100731
Bureau of Fair Trade for Imports and Exports of MOFCOM
Tel: 86-10-65198727, 65198477
Fax: 86-10-65198172
Bureau of Industry Injury Investigation of MOFCOM
Tel: 86-10-65198069, 65198073
Fax: 86-10-65197579
Annexes: Form for Responding to Anti-dumping Investigation Against Tertiary Butylhydroquinone.doc
Ministry of Commerce of the People’s Republic of China
August 22, 2013
Translated by Hou Zuowei
(All information published on this website is authentic in Chinese. English is provided for reference only.)