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MOFCOM Announcement No.53 of 2017 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 “Investigation Authority”) issued Announcement No.68 of 2011, deciding to conduct anti-dumping duties against imports of caprolactam (CPL) originated in the EU and the United States for five years from October 22, 2011.On March 11, 2011, the Investigation Authority issued Announcement No.6 of 2016, affirming the name changes of related companies according to the law.

On October 21, 2016, in response to the application from the industry of CPL in China, the Investigation Authority released an announcement, deciding to conduct final review investigation into the anti-dumping measures applicable to imports of CPL originated in the EU and the United States.

The Products under Investigation subject to this review are identical to those subject to the original anti-dumping measures, i.e. namely 己内酰胺, or CPL in English, which is listed under tariff number of 29337100 in the Customs Import and Export Tariff of the People’s Republic of China.

The Investigation Authority conducted investigation into the possibility of continuation or reoccurrence of dumping of the imports of CPL originated in the EU and the United States in case of terminating the anti-dumping measures and made the ruling on the review (See the annex) in accordance with Article 48 of the Anti-dumping Regulations of the People's Republic of China (the “Anti-dumping Regulations”).

Pursuant to the investigation results, the Investigation Authority proposed to carry out anti-dumping measures to the Customs Tariff Commission of the State Council. In accordance with Article 50 of the Anti-dumping Regulations of the People's Republic of China and the decision of the Customs Tariff Commission of the State Council, related matters are announced as follows:

I. Review Ruling

The Investigation Authority ruled that dumping of imports of CPL originated in the EU and the United States to China may continue or reoccur, and the injury to the industry in China may continue or reoccur if the anti-dumping measures were terminated.

II. Anti-dumping Measures

As of October 22, 2017, the imports of CPL originated in the EU and the United States will be subject to anti-dumping duties according to the description and at the rate of anti-dumping duties made available in the MOFCOM Announcement No.68 of 2011 for five years.

III. Methods of Levying Anti-dumping Duties

As of October 22, 2017, import operators shall pay relevant anti-dumping duties to the Customs of the People’s Republic of China when importing CPL originated in the EU and the United States. 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 * 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

Any person who refuses to accept the review may, according to Article 53 of the Anti-dumping Regulations of the People's Republic of China, apply for an administrative reconsideration or initiate litigation to the people's court according to the law.

V. MOFCOM Announcement No.53 of 2017 on the Final Review of the Anti-dumping Measures against Imports of Caprolactam Originated in the EU and the United States comes into force as of October 22, 2017.

Ministry of Commerce of the People's Republic of China
October 21, 2017


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