On April 21, 2010, the Ministry of Commerce of the People's Republic of China (the "Investigation Authority") issued Announcement No.15 of 2010, deciding to conduct anti-dumping measures against imports of PA6 originated in the United States, the EU, Russia and Taiwan Region for 5 years from April 22, 2010.
On April 21, 2016, the MOFCOM issued Announcement No.4 of 2016, deciding to maintain the anti-dumping measures imposed on PA6 originated in the United States, the EU, Russia and Taiwan Region for five years. LANXESS Deutschland GmbH and LANXESS N.V. are subject to rate applicable for other EU companies, i.e. 23.9%.
On May 20, 2016, LANXESS Deutschland GmbH and LANXESS N.V. applied to the Investigation Authority, claiming that the dumping margin of PA6 exported by LANXESS Deutschland GmbH and LANXESS N.V. changed, and requesting a mid-term review to be conducted on the anti-dumping measures applicable to them in terms of the dumping and dumping margin.
The Investigation Authority believes that the case-filing conditions are met after reviewing the applications from LANXESS Deutschland GmbH and LANXESS N.V. according to the law. According to 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 announced on July 21, 2016 to conduct the midterm review of dumping and dumping margin for the anti-dumping measures applicable to imports of PA6 originated in LANXESS Deutschland GmbH and LANXESS N.V. (the "Product under Investigation").
The review scope is the normal value, export price and dumping margin applicable to imports of PA6 originated in LANXESS Deutschland GmbH and LANXESS N.V. The Products under Investigation subject to this review is identical to that subject to the anti-dumping measures, i.e. PA6.
According to the results of the review of dumping and dumping margin of the imports of PA6 from LANXESS Deutschland GmbH and LANXESS N.V., the MOFCOM recommended the implementation of 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
Through investigation, the MOFCOM ruled that the dumping margin of LANXESS Deutschland GmbH and LANXESS N.V. is 8.2%.
II. Anti-dumping Measures
According to the relevant provisions of Anti-dumping Regulations of the People's Republic of China, the Customs Tariff Commission of the State Council decided that since July 21, 2017, anti-dumping tax rate on PA6 applicable to LANXESS Deutschland GmbH and LANXESS N.V. is adjusted to 8.2%.
III. Methods of Levying Anti-dumping Duties
As of July 21, 2017, import operators shall pay relevant anti-dumping duties to the Customs of the People's Republic of China when importing PA6 originated in LANXESS Deutschland GmbH and LANXESS N.V. 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
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. The MOFCOM Announcement No.34 of 2017 on Ruling of the Midterm Review of Dumping and Dumping Margin of Imports of PA6 Originated in LANXESS Deutschland GmbH and LANXESS N.V will take effect as of July 21, 2017.
Ministry of Commerce of the People's Republic of China
July 20, 2017
Zhang Yongming Chairman ...
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