On September 28, 2009, the Ministry of Commerce issued Announcement No. 69, deciding to levy anti-dumping duties against imports of polyvinyl chloride originated in the USA, South Korea, Japan, Russia and Taiwan Region for five years starting from September 29, 2009.
On July 29, 2014, the Ministry of Commerce received a formal application for expiry review on anti-dumping measures from Xinjiang Zhongtai Chemical Co., Ltd., Xinjiang Tianye (Group) Co., Ltd., Shaanxi Beiyuan Chemical Industry Group Co., Ltd., Tianjin Dagu Chemical Co., Ltd., Inner Mongolia Elion Chemical Industry Co., Ltd., Shanghai Chlor-Alkali Chemical Co., Ltd., Haohua Yuhang Chemical Co., Ltd., Yibin Tianyuan Group Co., Ltd. and Chiping Xinfa Polyvinyl Chloride Co., Ltd. on behalf of the polyvinyl chloride industry in China Mainland. The applicants claimed, if the anti-dumping measures against the imports of polyvinyl chloride originated in the USA, South Korea, Japan, Russia and Taiwan Region was terminated, the dumping behavior and injury to the industry in China Mainland might reoccur, and requested the Ministry of Commerce to rule and maintain the anti-dumping measures against imports of polyvinyl chloride originated in the USA, South Korea, Japan, Russia 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 existing evidence showed that the applicants 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 they were qualified to file applications on behalf of the industry in China Mainland. The investigation authority 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 polyvinyl chloride originated in the USA, South Korea, Japan, Russia and Taiwan Region from September 29, 2014. 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 polyvinyl chloride originated in the USA, South Korea, Japan, Russia and Taiwan Region pursuant to the scope and rate of anti-dumping duty as released in Announcement No. 69 of 2009 of the Ministry of Commerce during the period of the expiry review. The price undertaking agreements signed between Joint Stock Company SAYANSKCHIMPLAST and Ministry of Commerce of the People’s Republic of China shall remain effective during the period of the expiry review.
II. Review Period
The review period of the dumping investigation is from July 1, 2013 to June 30, 2014, and the period of industry injury investigation is from January 1, 2011 to June 30, 2014.
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.69 of 2009 by the Ministry of Commerce.
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 polyvinyl chloride originated in the USA, South Korea, Japan, Russia and Taiwan Region.
V. Registration for Responding
Any interested party may, within 20 days from the release of the Announcement, register with the Trade Remedy and Investigation Bureau of MOFCOM for participating in the investigation against the expiry review, and shall, in accordance with the Reference Format for Responding to Anti-dumping Investigation, provide the basic identity information, and illustrative materials on the volume and value of the products under investigation exported to China or importing the products under investigation of the case during the investigation period and the production and sales volume and value of the same kinds of products, as well as other relevant information. The Reference Format for Responding to Anti-dumping Investigation is available for downloading from sub-web of Trade Remedy and Investigation Bureau of MOFCOM (http://trb.mofcom.gov.cn).
Interested party referred to herein shall be any individual or entity under Article 19 of the Regulations of the People’s Republic of China on Anti-dumping.
VI. Access to Public Information
Any interested party may access to relevant websites to download or go to the consultation room of trade relief public information of the Ministry of Commerce (Tel: 0086-10-65197878) to review, consult, copy and print non-confidential text of the petition submitted by the applicants of the case. In the course of investigation, any interested party may view the public information of the case on the websites mentioned above or go to the consultation room of trade relief public information of the Ministry of Commerce to view, consult, copy and print the public information of the case.
VII. Comments on Case Filing
Any interested party may submit its written comments to Trade Remedy and Investigation Bureau of MOFCOM within 20 days as of the date on which the Announcement is issued if it has any comment on the coverage and classification of the products under this round of investigation, qualification of the applicants, countries (regions) under investigation and other related issues.
VIII. Methods of Investigation
The Ministry of Commerce may adopt the methods of questionnaire, sampling, hearing, on-site verification or other methods to obtain information from interested parties and make investigation in accordance with Article 20 of the Regulations of the People’s Republic of China on Anti-dumping.
In order to obtain the information required for the investigation of the case, the Ministry of Commerce will usually distribute questionnaires to the foreign exporters or producers and domestic producers and importers that are involved in the case within 10 working days upon expiration of the registered response specified in the Announcement. Interested parties registered for the investigation may also download the questionnaire from relevant websites.
Any other interested party that does not register for the investigation may directly download the questionnaire from relevant websites or seek for the same from the Trade Remedy and Investigation Bureau of MOFCOM and fill and submit the questionnaire as required.
All 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.
IX. Submission and Treatment of Confidential Information
If the information submitted by any interested party to the Ministry of Commerce is required to be treated as confidential, a request to keep such information confidential shall be made to the Ministry of Commerce and relevant reasons shall be stated. If the Ministry of Commerce approves such request, interested party applying for confidentiality may also provide a non-confidential summary of such confidential information, which shall include sufficient and meaningful information so that other interested parties may have a reasonable understanding of such confidential information. If it fails to provide such non-confidential summary, it shall give the reasons. If the confidentiality is not stated in the information submitted by any interested party, the Ministry of Commerce will deem it as public information.
X. Consequences of Non-cooperation
In accordance with Article 21 of the Regulations of the People’s Republic of China on Anti-dumping, when the Ministry of Commerce is making an investigation, any interested party shall truthfully reflect the situation and provide relevant information. If any interested party fails to do so or fails to provide necessary information within a reasonable time limit or severely impedes such investigation, the Ministry of Commerce may make a ruling based on the facts acquired and the best information obtained.
XI. Investigation Period
The investigation shall commence on September 29, 2014 and end before September 28, 2015.
XII. Contact Information of the Ministry of Commerce
First Division of Import Investigation of Trade Remedy and Investigation Bureau of MOFCOM
Address: No. 2 Dong Chang’an Avenue, Beijing, China
Zip code: 100731
Contact persons: Yu Zhiguo, Yang Lin and Li Guogang
Tel: 010-85093407 65198053
Fax: 010-65198415 65198172
Ministry of Commerce of the People’s Republic of China
September 28, 2014
Translated by Hou Zuowei