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MOFCOM Announcement No.52 of 2016 on the Final Review of the Anti-dumping Measures against Imports of Caprolactam Originated in the EU and the United States

On October 18, 2011, the Ministry of Commerce of the People's Republic of China (the "MOFCOM") issued Announcement No.68 of 2011, deciding to carry out anti-dumping measures against imports of caprolactam originated in the EU and the United States for five years from October 22, 2011. On March 11, 2016, the MOFCOM issued Announcement No.6 of 2016, affirming the name changes of related companies according to the law.

On August 16, 2016, the MOFCOM received the application for final review of the anti-dumping measures submitted by SINOPEC Shijiazhuang Refining & Chemical Company, SINOPEC Baling Company, Shandong Haili Chemical Co., Ltd. Jiangsu Haili Chemical Co., Ltd., Quzhou Juhua Polyamide Fibre LLC, Liaocheng Meisi New Material Technology Co., Ltd on behalf of the domestic caprolactam industry. In accordance with the relevant provisions of the Anti-dumping Regulations of the People's Republic of China, the MOFCOM reviewed the qualifications of the applicants, the products under investigation, similar domestic products, the imports of the products under investigation during the implementation of the anti-dumping measures, the possibility of continuity or reoccurrence of dumping, the possibility of continuity or reoccurrence of damages or related evidence. Current evidence shows that the applicants meet the provisions specified in Article 11, Article 13 and Article 17 of the Anti-dumping Regulations of the People's Republic of China on industry and industry representativeness, and therefore, they are eligible to apply on behalf of Chinese caprolactam industry. The investigation authority believes that the applicants' claims and the prima facie evidence submitted are in conformity with the requirements for a final review.

According to Article 48 of the Anti-dumping Regulations of the People's Republic of China, the MOFCOM decides to conduct a final review investigation into the anti-dumping measures imposed on the imported caprolactam originated in the EU and the United States as of October 22, 2016. Relevant matters are hereby announced as follows:

I. Continuous Implementation of the Anti-dumping Measures

As suggested by the MOFCOM and decided by the Customs Tariff Commission of the State Council, during the final review investigation of the anti-dumping measures, the import of caprolactam originated in the EU and the United States will still be subject to anti-dumping duties at the scope and rate as released in the MOFCOM Announcement No.68 of 2011 and the MOFCOM Announcement No.6 of 2016.

II. Review Investigation Period

The dumping investigation period of this review is from July 1, 2015 to June 30, 2016. and the industrial damage investigation period is from January 1, 2012 to June 30, 2016.

III. Products Covered by the Review

Products covered by the review are those to which original anti-dumping measures are applicable, and the same as the products as released in the MOFCOM Announcement No.68 of 2011.

IV. Review Contents

This review aims to make clear that whether dumping and injury may continue or occur again in the case of the termination of the anti-dumping measures imposed on the imports of caprolactam originated in the EU and the United States.

V. Registration for Participating in the Investigation

Any interested party may register with the Trade Remedy and Investigation Bureau of the Ministry of Commerce for participating in this round of investigation into anti-dumping final review within 20 days after the date of release hereof. Interested parties participating in the investigation are required to provide essential information, quantity and amount of the products under investigation exported to or importing from China, quantity and amount of similar products produced and sold and relationship during the dumping investigation period and other illustrative materials based on the Reference Format of the Registration to Participate in the Investigation, which can be downloaded from the Trade Remedy and Investigation Bureau sub-website of the MOFCOM website (http://trb.mofcom.gov.cn).

For the purposes hereof, the interested parties are individuals and organizations as defined in Article 19 of the Anti-dumping Regulations of the People's Republic of China.

VI. Access to Public Information

In the process of investigation, the interested parties can refer to the application submitted by the applicants and the catalog of public information about the case through the foregoing websites, or search, read, transcribe and copy public information about the case in the MOFCOM Trade Relief Public Information Office (Tel.: 0086-10-65197878).

VII. Comments

If any interested party has any comments on the product scope and classification, the qualification of the applicants, and countries (regions) covered by the investigation regarding this investigation and other related questions, it may submit its opinions in written form to the Trade Remedy and Investigation Bureau of the Ministry of Commerce within 20 days after the date of release hereof.

VIII. Investigation Methods

In accordance with Article 20 of the Anti-dumping Regulations of the People's Republic of China, the MOFCOM may get to know the related situation and conduct investigation via questionnaire, sampling, hearing, site investigation and other manners from the interested parties.

In order to obtain the information required for the investigation of this case, the MOFCOM usually issues questionnaires within 10 working days from the deadline for registering for participating in the investigation as prescribed herein, to overseas exporters or producers and domestic manufacturers and importers. At the same time, the MOFCOM will publish the questionnaire on the said websites.

Other interested parties not registered for participating in the investigation can download the questionnaire from the foregoing websites, or obtain the same from the Trade Remedy and Investigation Bureau of the Ministry of Commerce and fill in the same as required.

All the companies are required to submit complete and accurate answers within the time as specified by the MOFCOM. Answers shall include all the information as required by the questionnaires.

IX. Submission and Processing of Confidential Information

Where it is necessary to keep confidential the information submitted by the interested parties, the interested parties may request the MOFCOM to make confidential treatments and explain the reasons. Moreover, they shall provide non-confidential summary of the confidential information at the same time. Non-confidential summary shall contain sufficient and meaningful information to enable other interested parties to have a reasonable understanding of the confidential information.

X. Consequences of Non-cooperation

In accordance with Article 21 of the Anti-dumping Regulations of the People's Republic of China, when the MOFCOM makes an investigation, 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 MOFCOM may give a ruling according to facts already obtained and the best information available.

XI. Investigation Period

This investigation starts on October 22, 2016, and usually ends prior to October 21, 2017.

XII. Contact Information

No.4 Import Investigation Office, Trade Remedy and Investigation Bureau of the Ministry of Commerce
Address: No. 2 Dong Chang'an Avenue, Beijing, China
Postal code: 100731
Tel.: 86-10-65198197 65198194
Fax: 86-10-65198172

Ministry of Commerce of the People's Republic of China

October 21, 2016

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