On January 25, 2013, the Ministry of Commerce of the People's Republic of China (the "MOFCOM" or the "Investigation Authority") issued Announcement No.5 of 2013, deciding to levy anti-dumping duty on imports of ethylene glycol monobutylether and diethylene glycol monobutylether originating in the United States and the EU for five years since January 28, 2013.
On February 8, 2017, Jiangsu Dynamic Chemical Co., Ltd. (the "Applicant") made an application to the Investigation Authority on behalf of the industry of ethylene glycol monobutylether and diethylene glycol monobutylether in China, claiming that, after the final ruling, the dumping margin of the exports of ethylene glycol monobutylether and diethylene glycol monobutylether originating in the United States and INEOS Chemicals Lavera SAS (EU) to China enlarged, exceeding the anti-dumping duty rate decided in the final ruling and therefore, requesting for a mid-term review with respect to the dumping and dumping margin of the anti-dumping measures against imports of ethylene glycol monobutylether and diethylene glycol monobutylether originating in the United States and INEOS Chemicals Lavera SAS (EU).
In accordance with Article 49 of the Anti-dumping Regulations of the People's Republic of China and the Provisional Rules on Midterm Review of Dumping and Dumping Margin, the Investigation Authority examined the qualifications of the Applicant, the export price and normal value of the underlying products and other relevant circumstances. Upon examination, the Investigation Authority believed that the application meets conditions for mid-term review set out in the Anti-dumping Regulations of the People's Republic of China and the Provisional Rules on Midterm Review.
On April 12, 2017, the Investigation Authority issued a case-filing announcement, deciding to conduct mid-term review with respect to dumping and dumping margin of the anti-dumping measures against imports of ethylene glycol monobutylether and diethylene glycol monobutylether originating in the United States and INEOS Chemicals Lavera SAS (EU). This review focuses on the normal value, export price and dumping margin of the imports of ethylene glycol monobutylether and diethylene glycol monobutylether originating in the United States and INEOS Chemicals Lavera SAS (EU). The products under investigation subject to this review are identical to those subject to the original anti-dumping measures, i.e. ethylene glycol monobutylether and diethylene glycol monobutylether. The product is listed under tariff number of 29094300 in the Customs Import and Export Tariff of the People’s Republic of China.
Pursuant to the investigation results of this mid-term review, the MOFCOM proposed to take 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
After investigation, the MOFCOM ruled that there is dumping for the products under investigation during the review period.
II. Anti-dumping Measures
According to the Anti-dumping Regulations of the People's Republic of China, the Customs Tariff Commission of the State Council decides to levy anti-dumping duties at the following rates on the imports of ethylene glycol monobutylether and diethylene glycol monobutylether originating in the United States and the EU as of April 12, 2018:
Companies of the United States
1. EquistarChemicals, LP 37.5%
2. EastmanChemical Company 46.9%
3. The DowChemical Company 75.5%
4. All others 75.5%
EU companies
1. INEOS Chemicals Lavera SAS 43.5%
2. Sasol Germany GmbH 10.8%
3. Sasol Solvents Germany GmbH 10.8%
4. BASF SE 18.8%
5. All others 43.5%
III. Methods of Levying Anti-dumping Duties
As of April 12, 2018, import operators shall pay relevant anti-dumping duties to the Customs of the People's Republic of China when importing the products under investigation. 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.32 of 2018 on Adjusting the Anti-dumping Duty Rates Applicable to Imports of Ethylene Glycol Monobutylether and Diethylene Glycol Monobutylether Originating in the United States and Several EU Companies takes effect as of April 12, 2018.
Ministry of Commerce of the People's Republic of China
April 4, 2018