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MOFCOM Announcement No. 13 of 2017 on the Case-filing of Anti-dumping against Imports of Bisphenol A Originated in Thailand

2017-3-20 15:55:33

On January 13, 2017, the Ministry of Commerce of the People's Republic of China (hereinafter referred to as the "Ministry of Commerce") received an application for anti-dumping investigation that was formally submitted by Nantong Xingchen Synthetic Material Co., Ltd. and other four companies (hereinafter referred to collectively as the "Applicant") on behalf of the domestic Bisphenol A industry, in which the Applicant applied for the anti-dumping investigation into imports of Bisphenol A originated in Thailand. In accordance with the Anti-dumping Regulations of the People's Republic of China (hereinafter referred to as the “Anti-dumping Regulations”), the Ministry of Commerce reviewed the qualification of the Applicant, the situation relating to the products to be investigated according to the application and the like products in China, influence of the products to be investigated on the domestic industry, and the situation relating to the applying country (region).

According to evidence provided by the Applicant and the primary review of the Ministry of Commerce, the outputs of Bisphenol A of the Applicant in the year 2013, 2014, 2015 and the first three quarters of 2016 respectively had accounted for over 50% of the total output of the like products in China during the same period, which conformed to provisions in Article 11 and Article 13 of the Anti-dumping Regulations on application for anti-dumping investigation submitted by the relevant domestic industry.

The application stated that the Bisphenol A originated in Thailand was exported to China at a price lower than the normal value. According to the evidence and information acquired in a reasonable way, in the application, the Applicant alleged that an obvious dumping in the products to be investigated existed after it determined the normal value of Bisphenol A originated in Thailand based on the method of costs plus reasonable expenses and profits, and determined the export price of products to be investigated based on the customs' statistic price of those exported to China, and adjusted factors that would affect the price comparability. Meanwhile, the application stated that under the impact of imports of the products originated in Thailand, the like products of the Applicant have been at a huge loss since 2013, and the total loss showed a substantial increase trend, which made the return on investment, cash flows and other indicators worse and substantially damaged the domestic industry; furthermore, the application stated that there was a causal relationship between the dumping import of products to be investigated and the substantive damage of the domestic industry. Upon review, the Ministry of Commerce considered that the application form had covered the contents and relevant evidence as required by Article 14 and Article 15 of the Anti-dumping Regulations on anti-dumping investigation.

Based on the above review results and in accordance with Article 16 of the Anti-dumping Regulations, the Ministry of Commerce decided to carry out the anti-dumping investigation into imports of Bisphenol A originated in Thailand as of March 6, 2017. Relevant matters are hereby announced as follows:

I. Investigation and Investigation Period

As of the issue date hereof, the Ministry of Commerce carried out the anti-dumping investigation into the imports of Bisphenol A originated in Thailand. The period of this dumping investigation commenced on October 1, 2015 and ended on September 30, 2016, and that of the industrial damage investigation commenced on January 1, 2013 and ended on September 30, 2016.

II. Products under Investigation and Investigation Scope

Scope of investigation: Imported Bisphenol A originated in Thailand.
Name of products under investigation (in Chinese): 双酚A.
Name of products under investigation (in English): Bisphenol A.
Chemical formula:
Chemical structural formula:
Description: Bisphenol A is an organic chemical product made from phenol and acetone by using catalysts. It is usually white solid in the shape of powder, granula, crystalline and plate at normal temperature.
Main purposes: Bisphenol A can be used in manufacturing polymer materials such as epoxy resin, polycarbonate, polysulfone resin, unsaturated phenolic resin, polyetherimide, etc., and PVC heat stabilizer, plasticizer, rubber antioxidants, agricultural fungicides, paints, ultraviolet light absorbers, etc.
.
The product is listed under tariff number of 29072300 in the Customs Import and Export Tariff of the People's Republic of China.

III. Registration for Participating in the Investigation

Any interested party may register with the Trade Remedy and Investigation Bureau of Ministry of Commerce for participating in this anti-dumping investigation within 20 days after the date of release hereof. Interested parties who participate in this investigation are required to provide the basic identity information, quantity and amount of products under investigation exported to or imported from China, quantity and amount of like products produced and sold and relationship and other illustrative materials based on the Reference Format of the Registration to Participate in the Investigation, which can be downloaded from relevant website (the website address is attached, the same below).

For the purpose hereof, the interested party refers to individuals and organizations as stated in Article 19 of the Anti-dumping Regulations.

IV. Access to Public Information

The interested party may download from relevant website or search, read, transcribe and copy, in the MOFCOM Trade Relief Public Information Office (Tel.: 0086-10-65197878), the non-confidential text of the application form submitted by the Applicant involved in this case. In the course of the investigation, the interested party may search the case-related public information via relevant website, or search, read, transcribe and copy the same in the MOFCOM Trade Relief Public Information Office.

V. Comments

If any interested party has any comments on the scope of products under investigation, the qualification of the Applicant, the country (region) under investigation and other relevant issues, it may submit written opinions to the Trade Remedy and Investigation Bureau of the Ministry of Commerce within 20 days as of the date of release hereof.

VI. Investigation Methods

In accordance with Article 20 of the Anti-dumping Regulations, the Ministry of Commerce may carry out the investigation via questionnaire, sampling, hearing, site investigation and other manners to get information from relevant interested parties.

In order to get the case-related information, the Ministry of Commerce usually issues questionnaires to overseas exporters or manufacturers, and domestic producers and importers involved in the case within ten working days from the deadline for registration for participating in the investigation as required herein Also, interested parties who participate in such registration may download the questionnaire from the relevant websites.

Query information specified in the Questionnaire for Foreign Exporters or Manufacturers Involved in the Anti-dumping Case of Bisphenol A includes the company organization and operation, products under investigation, export to China (Mainland), domestic sales, operating and financial information, costs of production and relevant expenses, estimated dumping margin, and check list. Query information specified in the Questionnaire for Domestic Producers Involved in the Anti-dumping Case of Bisphenol A includes the basic information of the company, situation of domestic like products, operating and financial information, and other issues need to be indicated. Query information specified in the Questionnaire for Domestic Importers Involved in the Anti-dumping Case of Bisphenol A includes the basic information of the company, and trade of and the relevant information on the products under investigation.

Interested parties who have not participated in the registration may directly download relevant questionnaires from the relevant websites or get them from the Trade Remedy and Investigation Bureau of the Ministry of Commerce, and fill in the same as required.

All companies involved in the case are required to submit complete and accurate questionnaires within the time as specified by the Ministry of Commerce. Answers shall cover all information as required by the questionnaires.

VII. Submission and Processing of Confidential Information

If the information submitted by the interested party to the Ministry of Commerce needs to be kept in secret, the interested party may request the Ministry of Commerce to make confidential treatment for relevant information and give reasons. If the Ministry of Commerce agrees on the request, such interested party shall provide non-confidential summary of the confidential information simultaneously. The non-confidential summary should fully cover meaningful information so that other interested parties can reasonably understand the confidential information. Reasons shall be given if the non-confidential summary is not available. If the interested party does not require to keep confidential the information it has submitted, the Ministry of Commerce may deem such information as public information.

VIII. Consequences of Non-cooperation

In accordance with Article 21 of the Anti-Dumping Regulations, when the Ministry of Commerce makes an investigation, the interested party shall truthfully reflect the situation and provide relevant information. If any interested party fails to do so or fails to provide necessary information within a reasonable time, or severely impedes such investigation in any other way, the Ministry of Commerce may give a ruling according to facts already obtained and the best information available.

IX. Investigation Period

This investigation commenced on March 6, 2017 and usually ends on March 6, 2018; for special situation, the period may be extended to September 6, 2018.

X. Contact Information

Address: No. 2 Dong Chang’an Avenue, Beijing, China
Zip code: 100731
Trade Remedy and Investigation Bureau of the Ministry of Commerce
Tel: 0086-10-65198194, 65198197
Fax: 0086-10-65198062
Website: Sub website of the Trade Remedy and Investigation Bureau of the Ministry of Commerce (http://trb.mofcom.gov.cn)
China Trade Remedy Information Network (http://www.cacs.mofcom.gov.cn)

Ministry of Commerce

March 6, 2017