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MOFCOM Announcement No.19 of 2018 on Final Ruling of Anti-dumping Investigation against Imports of Ortho Chloro Para Nitro Aniline Originating in India

2018-2-28 11:21:18

In accordance with the Anti-dumping Regulations of the People's Republic of China (hereinafter referred to as the "Anti-dumping Regulations"), on February 13, 2017, the Ministry of Commerce (hereinafter referred to as the "Investigation Authority" or the "MOFCOM") issued Announcement No.4 of 2017, deciding to carry out anti-dumping investigation against imports of ortho chloro para nitro aniline (hereinafter referred to as the “Products under Investigation”) originating in India.

The Investigation Authority has investigated into the existence of dumping and dumping margin, the existence of damage to China’s domestic industry of ortho chloro para nitro aniline caused by the Products under Investigation and the extent of such damage, as well as the causal relationship between the dumping and the damage. According to the investigation findings and Article 24 of the Anti-dumping Regulations, the Investigation Authority released on October 20, 2017, Announcement No.56 of 2017, preliminarily affirming that there was dumping of ortho chloro para nitro aniline originating in India and the domestic ortho chloro para nitro aniline industry was substantially damaged, and there was causal relationship between the dumping and the substantive damage.

Upon the preliminary ruling, the Investigation Authority continued its investigation into the dumping and dumping margin, the damage and the extent of such damage, as well as the causal relationship between the dumping and the damage. The investigation now comes to an end. The Investigation Authority has made the final ruling (see the Annex) according to Article 25 of the Anti-dumping Regulations. Relevant matters are hereby announced as follows:

I. Final ruling

The Investigation Authority finally affirms that there was dumping of ortho chloro para nitro aniline originated in India and the domestic ortho chloro para nitro aniline industry was substantially damaged, and there was causal relationship between the dumping and the substantive damage.

II. Levy of anti-dumping duties

The Investigation Authority, in accordance with Article 38 of the Anti-dumping Regulations, proposed suggestions on the levy of anti-dumping duties to the Customs Tariff Commission of the State Council, which then decided, as of February 13, 2018, to impose anti-dumping duties on imports of ortho chloro para nitro aniline originating in India.

Details of the Products under Investigation are as follows:
Scope of investigation: imports of ortho chloro para nitro aniline originating in India.
Name of the Products under Investigation: 邻氯对硝基苯胺.
English name: Ortho Chloro Para Nitro Aniline.
Molecular structure:
Chemical structural formula:
Description: it is usually yellow crystalline powder that is stable under normal temperature and pressure. It is soluble in ethanol, ether and benzene, and is slightly soluble in water and strong acid and insoluble in crude gasoline.

Main purposes: it is used as an intermediate for the synthesis of disperse dyes, organic pigments and corrosion inhibitors. It is also used as a specific drug for the treatment of schistosomiasis, niclosamide, and also used as a pharmaceutical intermediate.

The product is listed under tariff number of 29214200 in the Customs Import and Export Tariff of the People’s Republic of China. Other products under the above tariff number fall beyond the scope of this investigation.

Rates of anti-dumping duty imposed on companies are as follows:
1. Aarti Industries Limited            31.4%
2. All others                  49.9%

III. Methods of levying anti-dumping duties

As of February 13, 2018, import operators shall pay relevant anti-dumping duties to the Customs of the People’s Republic of China when importing ortho chloro para nitro aniline originating in India. 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. Retrospective collection of anti-dumping duties

Deposits provided by relevant importers to the Customs of the People’s Republic of China from October 20, 2017 to February 12, 2018 according to the announcement on the preliminary ruling, shall be transferred on the basis of detailed description of commodities taxable and the rate of anti-dumping duties determined by the final ruling to anti-dumping duties, and the import value-added tax shall also be levied at relevant rate of value-added tax. Any excess of the deposits provided by importers during this period over the anti-dumping duties and the corresponding import value-added tax will be refunded by the Customs, and the short-levied duties will not be levied.

Retrospective collection of anti-dumping duties will not be carried out for ortho chloro para nitro aniline originating in India that were imported before the implementation of the temporary anti-dumping measures.

V. Period of levying anti-dumping duties

Imports of ortho chloro para nitro aniline originating in India will be subject to anti-dumping duties for five years as of February 13, 2018.

VI. New exporter review

Any new exporter in India that does not export the Products under Investigation to the People's Republic of China during the investigation period, if qualified, may apply in writing to the Investigating Authority for a new exporter review according to Article 47 of the Anti-dumping Regulations.

VII. Interim review

During the period of levying anti-dumping duties, relevant interested parties may apply in writing to the Investigation Authority for a mid-term review in light of Article 49 of the Anti-dumping Regulations.

VIII. Administrative reconsideration and administrative litigation

Any person who refuses to accept the final ruling of this case and the decision to levy anti-dumping duties may, according to Article 53 of the Anti-dumping Regulations, apply for an administrative reconsideration or initiate litigation to the people's court according to the law.

MOFCOM Announcement No.19 of 2018 on Final Ruling of Anti-dumping Investigation against Imports of Ortho Chloro Para Nitro Aniline Originating in India will take effect as of February 13, 2018.

Ministry of Commerce of the People's Republic of China
February 12, 2018

 

 

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