On May 9, 2014, the Ministry of Commerce of the People's Republic of China (hereinafter referred to as MOFCOM or the Investigation Authority) released Announcement No. 34 of 2014 and decided to impose anti-dumping duties on imports of heat-resistant pressure-bearing seamless alloy steel tubes originating in USA and EU for five years, starting from May 10, 2014. On June 15, 2018, MOFCOM released Announcement No. 52 of 2018 and decided to initiate interim review investigation into imports of heat-resistant pressure-bearing seamless alloy steel tubes originating in USA and EU.
On March 6, 2019, MOFCOM received an application for anti-dumping investigation submitted by Inner Mongolia North Heavy Industries Group Corporation Limited on behalf of the heat-resistant pressure-bearing seamless alloy steel tube industry. The applicant believed that the dumping of imports of heat-resistant pressure-bearing seamless alloy steel tubes originating in USA and EU would continue or occur again in the Mainland of China and the dumping would continue to cause damage or would again cause damage to the heat-resistant pressure-bearing seamless alloy steel tube industry of the Mainland of China if the anti-dumping measures were terminated. The applicant requested MOFCOM to rule that the anti-dumping measures against imports of the heat-resistant pressure-bearing seamless alloy steel tubes originating in USA and EU should continue.
According to the relevant provisions of the Anti-dumping Regulations of the People’s Republic of China (hereinafter referred to as the Anti-dumping Regulations), MOFCOM examined the applicant’s qualification, the influences of the product under investigation related to the domestic products of the same type, the import of the product under investigation during the implementation of the anti-dumping measures, the possibility that the dumping would continue or occur again, the possibility that the damage would continue or occur again, the relevant evidences, etc. The existing evidences have shown that the applicant conforms to the stipulations of Article 11, Article 13 and Article 17 of the Anti-dumping Regulations on the industry and industrial representatives and the applicant is qualified to submit the application on behalf of the heat-resistant pressure-bearing seamless alloy steel tube industry. The Investigation Authority thinks the prima facie evidences submitted by the applicant have met the requirements of filing the expiry review.
According to Article 48 of the Anti-dumping Regulations, MOFCOM decided to start the expiry review investigation into the anti-dumping measures applicable to the heat-resistant pressure-bearing seamless alloy steel tubes originating in USA and EU on May 10, 2019. Now the relevant matters are hereby announced as below:
I. Continuous implementation of the anti-dumping measures
According to the proposal of MOFCOM, the Tariff Commission of the State Council has decided to continue to impose the anti-dumping duties on the heat-resistant pressure-bearing seamless alloy steel tubes originating in USA and EU according to the tariff scope and tariff rates specified in MOFCOM Announcement No. 34 of 2014 during the expiry review investigation period.
II. Review investigation period
The anti-dumping investigation period of the review is from January 1, 2018 to December 31, 2018, and the industrial damage investigation period is from January 1, 2014 to December 31, 2018.
III. Product scope of the review investigation
The product scope of the review is all the products to which the original anti-dumping measures are applicable and it is consistent with the product scope specified in MOFCOM Announcement No. 34 of 2014.
IV. Contents of review
The contents of the review investigation are to find out whether the termination of the anti-dumping measures against the heat-resistant pressure-bearing seamless alloy steel tubes originating in USA and EU will enable the dumping and damages to continue or occur again.
V. Registration for the investigation
Any stakeholder may register with the Trade Remedy and Investigation Bureau of the Ministry of Commerce for this anti-dumping investigation within 20 days after the issue date of the Announcement. The stakeholders participating in the investigation are required to provide their basic identity information based on the Reference Format of the Registration for the Investigation and the explanatory materials including the quantity and amount of the product investigated in the case of exports to China or the import case, the quantities and amounts of the products of the same kind produced and sold and the other relevant situations. The Reference Format of the Registration for the Investigation can be downloaded from the Trade Remedy and Investigation Bureau Sub-website of the MOFCOM Website (http://trb.mofcom.gov.cn).
The stakeholders in the announcement refer to the individuals and organizations defined in Article 19 of the Anti-dumping Regulations.
VI. Public information
The stakeholders can download from the related websites or go to the MOFCOM Trade Remedy Public Information Office to search, read, transcribe and copy the application submitted by the applicant. During the investigation process, the stakeholders can access some relevant websites or go to the MOFCOM Trade Remedy Public Information Office (Tel: 0086-10-65197878) to search, read, transcribe and copy the public information.
If any stakeholder needs to comment on the scope and categories of the product under investigation, the qualification of the applicant, the investigated countries (regions) and other related questions, the stakeholder may submit its comments in written form to the Trade Remedy and Investigation Bureau of the Ministry of Commerce within 20 days after the issue date of the announcement.
VIII. Investigation methods
In accordance with Article 20 of the Anti-dumping Regulations, MOFCOM may get information on the related situations from the stakeholders by conducting questionnaire surveys, sampling, hearing and other manners and carry out the investigation.
In order to obtain the information required for the investigation of this case, MOFCOM usually issues questionnaires to the foreign exporters or manufacturers, domestic manufacturers and domestic importers involved in the case within 10 working days from the deadline for registering for the investigation as prescribed herein. Meanwhile, MOFCOM will publish the questionnaires at the above-mentioned websites.
The other stakeholders that have not registered for the investigation can download the questionnaires from the above-mentioned websites or ask the Trade Remedy and Investigation Bureau of the Ministry of Commerce for the questionnaires, and should complete their questionnaires and submit their answer sheets according to the requirements.
All the stakeholders shall submit their complete and accurate answer sheets within the time period specified by MOFCOM. The answer sheets should include all the information required by the questionnaires.
IX. Submission and processing of confidential information
If it is necessary to keep confidential the information submitted to the Ministry of Commerce by a stakeholder, the said stakeholder may make a request to the Ministry of Commerce for confidential treatment of relevant information and the stakeholder shall give reason for it. Meanwhile, the stakeholder shall provide the non-confidential summary of the said confidential information. The non-confidential summary shall include full and meaningful information, so that the other stakeholders can reasonably understand the confidential information.
X. Consequences of non-cooperation
According to Article 21 of the Anti-dumping Regulations, when the Ministry of Commerce makes investigations, the stakeholders shall faithfully reflect the situations and provide the relevant materials. If a stakeholder fails to faithfully reflect the situations or provide necessary information, or fails to provide necessary information within a reasonable time, or seriously impedes an investigation in any other way, the Ministry of Commerce may give a ruling according to available facts and attainable best information.
XI. Investigation period
The investigation starts from May 10, 2019 and generally ends before May 9, 2020.
XII. Contact of the Ministry of Commerce
Import Investigation Division 4 of the MOFCOM Trade Remedy and Investigation Bureau
Address: No. 2 Dong Chang'an Avenue, Beijing, China
Tel: 0086-10-65198474 65198194
Ministry of Commerce of the People’s Republic of China
May 9, 2019
Translated by Liu Zhao
(All information published in this website is authentic in Chinese. English is provided for reference only. )