On June 28, 2010, Ministry of Commerce of the People’s Republic of China (the “Investigation Authority”) issued Announcement No. 40 of 2010, deciding to conduct anti-dumping measures against imports of certain iron or steel fasteners originated in the EU for a period of 5 years from June 29, 2010.

On June 26, 2015, in response to the application from the industry of iron or steel fasteners in China, the Investigation Authority released an announcement, deciding to conduct expiry review investigation into the anti-dumping measures applicable to imports of certain iron or steel fasteners originated in the EU.

The Investigation Authority conducted investigation into the possibility of continuation or reoccurrence of dumping and injury to the industry of iron or steel fasteners in China in case of terminating the original anti-dumping measures against imports of certain iron or steel fasteners originated in the EU. Based on the findings and in accordance with Article 48 of the Regulations of the People’s Republic of China on Anti-dumping (the “Anti-dumping Regulations”), the Investigation Authority made the ruling on the review (See the Annex). Relevant matters are hereby announced as follows:

I. Ruling

The Investigation Authority ruled that dumping of imports of certain iron or steel fasteners originated in the EU to the industry in China may continue or reoccur, and the injury from dumping of imports of certain iron or steel fasteners originated in the EU to the industry in China may continue or reoccur if the original anti-dumping measures were terminated.

II. Anti-dumping Measures

In accordance with Article 50 of the Anti-dumping Regulations, the Investigation Authority submitted proposals on implementation of anti-dumping measures to Customs Tariff Commission of the State Council based on findings of the investigation, which decided according to the proposal of the Ministry of Commerce to continue to levy the anti-dumping duties against imports of certain iron or steel fasteners originated in the EU for a period of 5 years since June 29, 2016.

The description of the products subject to the anti-dumping duties and rate are the same as set out in MOFCOM Announcement No. 40 of 2010, i.e. the products subject to the anti-dumping duties in this case are described as follows:

Name of the products under investigation: Certain Iron or Steel Fasteners.

Scope of investigation: imports of certain iron or steel fasteners originated in the EU, including wood screws, self-tapping screw, bolts and screws (with or without nuts or washers, but excluding bolts used for fastening rails and bolts and screws with rod diameters not exceeding 6 mm) and washers. And meanwhile, the products under investigation do not include the nuts and fasteners used for repairs and maintenance of civil aircrafts.

Main usage: iron or steel fasteners are mechanical components made of carbon steels used for fastening and connection, which are applied in automobile industry, electronic equipment, mechanical equipment, construction and for general industrial uses.

Rates of anti-dumping duty imposed on companies are as follows:

1. KAMAX GmbH & Co.KG 6.1%

2. All Others 26.0%

III. Methods of Levying Anti-dumping Duties

As of June 29, 2016, import operators shall pay relevant anti-dumping duties to the Customs of the People’s Republic of China when importing certain iron or steel fasteners originated in the EU. The anti-dumping duties shall be levied by means of ad valorem on the basis of dutiable value authorized by China Customs, and the formula is: Anti-dumping duties = dutiable value authorized by China Customs x rate of anti-dumping duties. The import value-added tax shall be levied by means of ad valorem with the dutiable value authorized by China Customs plus the tariff and anti-dumping duties as the taxable value.

IV. Administrative Reconsideration and Administrative Litigation

Where any party refuses to accept the review decision, it may, in accordance with Article 53 of the Regulations of the People’s Republic of China on Anti-dumping, apply for administrative reconsideration or institute legal proceedings in the people’s court.

V. The Announcement shall come into force as of June 29, 2016.

Annex: Ruling of the Ministry of Commerce on Expiry Review on Anti-dumping Investigations against Imports of Certain Iron or Steel Fasteners Originated in the EU.pdf

Ministry of Commerce of the People’s Republic of China
June 28, 2016

Translated by Hou Zuowei