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MOFCOM Announcement No.4 of 2019 on the Final Review of the Anti-dumping Measures against Potato Starch Originating in the EU

2019-3-5 9:12:12

On February 5, 2007, the Ministry of Commerce of the People's Republic of China (the "MOFCOM") issued Announcement No.8 of 2007, deciding to conduct final anti-dumping measures against imports of potato starch originating in the EU for five years from February 6, 2007. On April 18, 2011, the MOFCOM issued Announcement No.16 of 2011, deciding to adjust the anti-dumping duty rate applicable to the foregoing anti-dumping measures. On February 5, 2013, the MOFCOM issued Announcement No.4 of 2013, deciding to continue the anti-dumping measures against imports of potato starch originating in the EU for five years from February 6, 2013. On December 14, 2016, the MOFCOM issued Announcement No.72 of 2016, affirming the name changes of related companies according to the law.

On February 5, 2018, in response to the application from the industry of potato starch in China, the MOFCOM released Announcement No.2 of 2018, deciding to conduct final review investigation into the anti-dumping measures applicable to imports of potato starch originating in the EU.

The MOFCOM conducted investigations with respect to the possibility of the continuance or reoccurrence of dumping of imports of potato starch originating the EU to China and of the injury to the said industry in China if the anti-dumping measures were terminated, and made a ruling on the review (See the Annex) in accordance with Article 48 of the Anti-dumping Regulations of the People's Republic of China (the "Anti-dumping Regulations"). Relevant matters are hereby announced as follows:

I. Review Ruling

The MOFCOM ruled that dumping of imports of potato starch originating in the EU to China may continue or reoccur, and the injury to the said industry in China may continue or reoccur if the anti-dumping measures were terminated.

II. Anti-dumping Measures

The MOFCOM, in accordance with Article 50 of the Anti-dumping Regulations and the investigation findings, proposed suggestions on the implementation of the anti-dumping measures to the Customs Tariff Commission of the State Council, which then decided as suggested by the MOFCOM, as of February 6, 2019, to continue imposing anti-dumping duties on imports of potato starch originating in the EU for five years.

Products subject to anti-dumping duties are those to which the anti-dumping measures apply and the same as the products released in MOFCOM Announcement No.8 of 2007 and MOFCOM Announcement No.4 of 2013. Specific information is as follows:

Product under investigation: 马铃薯淀粉, also known as 马铃薯原淀粉, 马铃薯精制淀粉, 马铃薯生粉, 土豆淀粉 or 洋芋淀粉, etc.(Name in English: Potato Starch).

Details of the Products under Investigation are as follows: potato starch is a white powder made from potato and made up of glucose molecules. Its physical and chemical indexes are: whiteness (457nm blue reflectance) is not less than 90%; water is not more than 20%; viscosity (4% concentration, 700cmg) is not less than1100BU and protein (content in dry matter) is not more than 0.15%.

Main purposes: In China, potato starch is mainly used in food industry, and is an important raw material for producing emulsifiers, thickeners, stabilizers, bulking agents, excipients and others. It is widely used in puffed food, convenient food, sausage, ham and other meat products, frozen food, sauce, mashed and soup foods, beverages, sauces, cooking, sugar, aquatic product processing and other industries.

The product under investigation is listed under tariff number of 11081300 in the Customs Import and Export Tariff of the People’s Republic of China.

The rate of anti-dumping duties is the same as that in MOFCOM Announcement No.16 of 2011, MOFCOM Announcement No.4 of 2013 and MOFCOM Announcement No.72 of 2016.

III. Methods of Levying Anti-dumping Duties

As of February 6, 2019, import operators shall pay relevant anti-dumping duties to the Customs of the People’s Republic of China when importing potato starch originating in the EU. 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, apply for an administrative reconsideration or initiate litigation to the people's court according to the law.

Ministry of Commerce of the People's Republic of China
February 1, 2019

 

 

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