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MOFCOM Announcement No.23 of 2018 on the Final Ruling on the Anti-dumping Investigation against Imports of BisphenolA Originating in Thailand

2018-3-15 9:39:08

In accordance with the Anti-dumping Regulations of the People's Republic of China (hereinafter referred to as the "Anti-dumping Regulations"), on March 6, 2017, the Ministry of Commerce (hereinafter referred to as the "Investigation Authority") issued Announcement No.13 of 2017, deciding to carry out anti-dumping investigation against imports of bisphenolA (hereinafter referred to as the "Products under Investigation") originating in Thailand.

The Investigation Authority has investigated into the existence of dumping and dumping margin, the existence of damage to China's domestic industry of bisphenolA 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 November 9, 2017, an announcement on the preliminary ruling, affirming that there was dumping of bisphenolA originating in Thailand and the domestic bisphenolA 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 ruled that there was dumping of bisphenolA originating in Thailand and the domestic bisphenolA 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 March 6, 2018, to impose anti-dumping duties on imports of bisphenolA originating in Thailand. Details of the Products under Investigation are as follows:

Scope of investigation: imports of bisphenolA originating in Thailand.
Name of the Products under Investigation: 双酚A.
English names: Bisphenol–A or BisphenolA
Chemical formula:
Chemical structural formula:
Description: Bisphenol A is a kind of organic chemical product produced by reaction of phenol and acetone with catalyst. Its appearance is usually white solid at room temperature, and the shape is powdery, granular, crystalline and flaky.

Main purposes: BisphenolA can be used in the manufacturing of high polymer materials such as epoxy resin, polycarbonate, polysulfone, phenolic resin, unsaturated polyether imide and also can be used in that of PVC heat stabilizer, plasticizer, antioxidant, fungicide, paint, UV absorbent and others.

The product is listed under tariff number of 29072300 in the Customs Import and Export Tariff of the People’s Republic of China. BisphenolA salt under the above tariff number falls beyond the scope of this investigation.

Rates of anti-dumping duty imposed on companies are as follows:

1. PTT Phenol Company Limited 9.7%
2. All others 31.0%

III. Methods of levying anti-dumping duties

As of March 6, 2018, import operators shall pay relevant anti-dumping duties to the Customs of the People’s Republic of China when importing bisphenolA originating in Thailand. 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 November 9, 2017 to March 5, 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 bisphenolA originating in Thailand that was imported before the implementation of the temporary anti-dumping measures.

V. Period of levying anti-dumping duties

Imports of bisphenolA originating in Thailand will be subject to anti-dumping duties for five years as of March 6, 2018.

VI. New exporter review

Any new exporter in Thailand 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 and the decision on collection of anti-dumping duties 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.

IX. MOFCOM Announcement No.23 of 2018 on the Final Ruling on the Anti-dumping Investigation against Imports of BisphenolA Originating in Thailand takes effect as of March 6, 2018.

Ministry of Commerce of the People's Republic of China
February 28, 2018

 

(All information published in this website is authentic in Chinese. English is provided for reference only. )