On August 12, 2010, the Ministry of Commerce released the Announcement No. 47 of 2010 (hereinafter referred to as “the Announcement”), deciding to take final anti-dumping measures against imports of purified terephthalic acid originated in South Korea and Thailand, with the implementation period of five years as of August 12, 2010. Afterwards, upon application by interested parties, the Ministry of Commerce released the Announcement No. 52 of 2013 and the Announcement No. 52 of 2014, identifying relevant renaming matters according to law.

On June 10, 2015, the Ministry of Commerce received the application for the expiry review of anti-dumping measures submitted by ZheJiang Yisheng Petrochemical Co., Ltd., Yisheng Dahua Petrochemical Co., Ltd. and Xianglu Petrochemicals Co., Ltd. (hereinafter referred to as “the Applicants”) on behalf of domestic purified terephthalic acid industry. The Applicants claim that if the anti-dumping measures are terminated, the dumping of imported purified terephthalic acid originated in South Korea and Thailand may continue or resume, and damages to China’s domestic industry may continue or resume. Therefore, the Applicants request the Ministry of Commerce to rule to maintain the anti-dumping measures against the imported purified terephthalic acid originated in South Korea.

According to relevant provisions of the Regulations of the People’s Republic of China on Anti-dumping, the Ministry of Commerce has examined the qualification of the Applicants, relevant situations of investigated product and similar Chinese products, imports of the investigated product in the period of implementation of anti-dumping measures, the probability of continuality or resumption of dumping and damages, relevant evidences and so on. The existing evidences indicate that the Applicants meet the provisions on an industry and industrial representativeness in Articles 11, 13 and 17 of the Regulations of the People’s Republic of China on Anti-dumping, and are qualified to make the application on behalf of China’s purified terephthalic acid industry. The investigation authority believes that the claim of the Applicants and prima facie evidences submitted by them meet requirements for the filing of expiry review.

According to Article 48 of the Regulations of the People’s Republic of China on Anti-dumping, the Ministry of Commerce decided to make the expiry review investigation on the anti-dumping measures applicable to the imported purified terephthalic acid originated in South Korea and Thailand as of August 10, 2015. Relevant matters are hereby announced as below:

I. Continuous Implementation of Anti-dumping Measures

According to the advice of the Ministry of Commerce, the Customs Tariff Commission of the State Council decides to continuously levy anti-dumping levies on the imports of purified terephthalic acid originated in South Korea and Thailand as per the duty scope and duty rate set out in the MOFCOM Announcement No. 47 of 2010, Announcement No. 52 of 2013 and Announcement No. 52 of 2014 in the period of the investigation for the expiry review of anti-dumping.

II. Review Investigation Period

The dumping investigation period of this review is from April 1, 2014 to March 31, 2015, while the investigation period for industrial damages is from January 1, 2011 to March 31, 2015.

III. Scope of Products under Review Investigation

The scope of product under review includes the product applicable to anti-dumping measures, which is consistent with the scope of product set out in the MOFCOM Announcement No. 47 of 2010.

IV. Review Contents

The contents of the review investigation are whether the termination of anti-dumping measures against imports of purified terephthalic acid originated in South Korea and Thailand will result in the continuity or resumption of the dumping and damages.

V. Registry of Participation in Investigations

Within 20 days after the release of the Announcement, an interested party may be registered at the Trade Remedy and Investigation Bureau of the Ministry of Commerce for participation in the investigations for the expiry review of anti-dumping. An interested party participating in the investigations shall provide basic information, the quantity and amount of the investigated product exported to China or imported in the dumping investigation period, the quantity and amount of similar products produced and sold, relationships and other explanatory materials according to the Reference Format for Registry of Participation in Investigations. The Reference Format for Registry of Participation in Investigations may be downloaded from the Trade Remedy and Investigation Bureau sub-website of the Ministry of Commerce website (http://trb.mofcom.gov.cn).

For purpose of the Announce, interested parties refer to individuals and organizations specified in Article 19 of the Regulations of the People’s Republic of China on Anti-dumping.

VI. Inquiry of Public Information

In the course of investigations, any interested party may look up the application submitted by the Applicants and any public information catalogue of the case at the aforesaid website, or look up, read, transcribe and copy any public information on the case at the Trade Remedy Public Information Room of the Ministry of Commerce (Tel.: 0086-10-65197878).

VII. Comments on Filing of the Case

If any interested party needs to give comments on the scope of products under the investigations, classification of the product, the qualifications of the Applicants, any investigated country (region) and other relevant issues, the said interested party may submit written opinions thereof to the Trade Remedy and Investigation Bureau of the Ministry of Commerce within 20 days after the date of release of the Announcement.

VIII. Investigation Methods

According to Article 20 of the Regulations of the People’s Republic of China on Anti-dumping, the Ministry of Commerce may learn about conditions from interested parties and make investigations by means of questionnaires, sampling, hearings, on-site inspections, etc.

With the view of obtaining the information necessary for the case, the Ministry of Commerce usually distributes questionnaires to foreign exporters or manufacturers involved in the case as well as domestic producers and importers within ten working days as of the deadline of registry of participation in investigations set out hereunder. Meanwhile, the Ministry of Commerce will upload the questionnaires at the aforesaid website.

Other interested parties not registered for participation in investigations may directly download questionnaires from the aforesaid website, or ask for them from the Trade Remedy and Investigation Bureau of the Ministry of Commerce and fill in and submit them according to requirements.

All companies shall submit questionnaires with complete and accurate answers within the time prescribed by the Ministry of Commerce. The answer sheets should include all the information required by the questionnaires.

IX. Submission and Processing of Confidential Information

If it is necessary to keep confidential the information submitted by an interested party, the said interested party may make a request to the Ministry of Commerce for confidential treatment and give reasons, and shall provide the non-confidential summary of the said confidential information. The non-confidential summary shall include full and meaningful information, so that other interested parties can reasonably understand the confidential 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 makes investigations, an interested party shall faithfully reflect situations and provide relevant materials. If an interested party fails to do so, fails to provide necessary information within a reasonable time, or seriously impedes an investigation in any other way, the Ministry of Commerce may give a ruling according to facts already obtained and available best information.

XI. Investigation Period

The investigations will start from August 10, 2015, and end on August 10, 2016.

XII. Contact

Fourth Import Investigation Office of the Trade Remedy and Investigation Bureau of the Ministry of Commerce
Address: No. 2 Dong Chang'an Avenue, Beijing, China
Postcode: 100731
Tel.: 010-65198740 85093406
Fax: 010-65198172

Ministry of Commerce of the People’s Republic of China

August 10, 2015

Translated by Hou Zuowei