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MOFCOM Announcement No.62 of 2014 on Expiry Review Investigations of Anti-dumping Measures against Imports of Polyamide-6,6 Chips Originated in the U.S., Italy, the U.K., France and Taiwan Region

On October 12, 2009, the Ministry of Commerce of the People’s Republic of China (hereinafter referred to as the “Ministry of Commerce”) issued Announcement No. 79 of 2009, deciding to levy anti-dumping duties against imports of polyamide-6,6 chips originated in the U.S., Italy, the U.K., France and Taiwan Region (products under investigation) for a period of 5 years since October 13, 2009.

On May 16, 2014, the Ministry of Commerce issued Announcement No. 37 of 2014, announcing that the anti-dumping measures against imports of polyamide-6,6 chips originated in the U.S., Italy, the U.K., France and Taiwan Region will expire on October 12, 2014. In accordance with the provisions of Article 48 of the Regulations of the People's Republic of China on Anti-dumping, if it is determined upon review that the termination of collection of anti-dumping duties may lead to the continuance or re-occurrence of dumping and injury, the period for collection of anti-dumping duties may be properly extended. The domestic industry or any natural person, legal person or relevant organization on behalf of the domestic industry may file a written application for expiry review to the Ministry of Commerce 60 days prior to the expiration of the anti-dumping measures since the date of the announcement.

On August 12, 2014, the Ministry of Commerce received a formal application for expiry review on anti-dumping measures from Pingdingshan Shenma Engineering Plastics Co., Ltd. on behalf of the polyamide-6,6 chips industry in China Mainland. The applicant claimed that, if the anti-dumping measures against imports of polyamide-6,6 chips originated in the U.S., Italy, the U.K., France and Taiwan Region were terminated, the dumping behavior and injury to the industry in China Mainland might continue or reoccur, and requested the Ministry of Commerce to decide to maintain the anti-dumping measures against imports of polyamide-6,6 chips originated in the U.S., Italy, the U.K., France 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 applicant, relevant situations of products under investigation and similar products in China Mainland, 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. According to the evidence provided by the applicant and the initial review of the Ministry of Commerce, the production volume of polyamide-6,6 chips of the applicant 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 submission of an application for anti-dumping investigation by the domestic industry. The Ministry of Commerce holds that, the claims from the applicant 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 expiry review investigation against the anti-dumping measures applicable to imports of polyamide-6,6 chips originated in the U.S., Italy, the U.K., France and Taiwan Region from October 13, 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 imports of polyamide-6,6 chips originated in the U.S., Italy, the U.K., France and Taiwan Region pursuant to the scope and rate of anti-dumping duties as released in Announcement No. 79 of 2009 of the Ministry of Commerce during the period of the expiry review investigation.

II. Review Investigation Period
The period of the dumping investigation for this review is from July 1, 2013 to June 30, 2014, and the period of industry injury investigation is from January 1, 2009 to June 30, 2014.

III. Scope of Products of Review Investigation
The scope of products under the review is the same as that subject to the anti-dumping measures announced in Announcement No.79 of 2009 by the Ministry of Commerce. The product is listed under tariff code: 39081011 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 injury in case of termination of the anti-dumping measures taken against imports of polyamide-6,6 chips originated in the U.S., Italy, the U.K., France 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 expiry reviewinvestigation, 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 Mainland or importing the products under investigation of the case during the investigation period and the production and sales volume and value of thesimilar products, as well as other relevant information. The Reference Format for Responding to Anti-dumping Investigation is available for download on relevant websites.

The interested party as referred to herein is any individual or organization as specified in 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 applicant 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 review, 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 applicant, 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 questionnaires from relevant websites.

Any other interested party that does not register for the investigation may directly download the questionnaires from relevant websites or seek for the same from the Trade Remedy and Investigation Bureau of MOFCOM and fill and submit the questionnaires as required.

All companies shall submit their answers to any questionnaire in a complete and accurate manner within the specified period of time, which shall contain all the information as 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, the 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 confidentiality is not requiredforthe 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 in other ways, the Ministry of Commerce may make a ruling based on the facts acquired and the best information available.

XI. Investigation Period
The investigation shall commence on October 13, 2014 and normally end before October 13, 2015.

XII. Contact Information of the Ministry of Commerce
Trade Remedy and Investigation Bureau of MOFCOM
Address: No. 2 Dong Chang’an Avenue, Beijing, China
Zip code: 100731
Contact persons: Ni Qian, Guo Huaiguang, Chen Guihua
Tel: 0086-10-65198194, 65198070, 85093410
Fax: 0086-10-65198070, 65198172
Relevant websites: 1. sub-web of Trade Remedy and Investigation Bureau of MOFCOM (http://trb.mofcom.gov.cn)
2.Website of China Trade Remedy Information (http://www.cacs.gov.cn)

Ministry of Commerce of the People’s Republic of China

October 10, 2014

Translated by Hou Zuowei

 

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