MOFCOM Announcement No.10 of 2015 on Expiry Review Investigations of Anti-dumping Measures against Imports of Polyamide-6Granula Originated in the U.S., the EU, Russia and Taiwan Region
MOFCOM Announcement No.10 of 2015 on Expiry Review Investigations of Anti-dumping Measures against Imports of Polyamide-6Granula Originated in the U.S., the EU, Russia and Taiwan Region
Date: 2015-8-7
MOFCOM Announcement No.10 of 2015 on Expiry Review Investigations of Anti-dumping Measures against Imports of Polyamide-6Granula Originated in the U.S., the EU, Russia and Taiwan Region
 
On April 20, 2010, Ministry of Commerce of the People’s Republic of China (hereinafter referred to as the “Ministry of Commerce”) issued Announcement No. 15 of 2010, deciding to levy anti-dumping duties against imports of polyamide-6 granula originated in the U.S., the EU, Russia and Taiwan Region (products under investigation) for a period of 5 years since April 22, 2010.

On October 21, 2014, the Ministry of Commerce issued Announcement No. 64 of 2014, announcing that the anti-dumping measures against imports of polyamide-6 granula originated in the U.S., the EU, Russia and Taiwan Region will expire on April 21, 2015. In accordance with the provisions of Article 48 of the Regulations of the People's Republic of China on Anti-dumping, if it is determined upon review that the termination of collection of anti-dumping duties may lead to the continuance or re-occurrence of dumping and injury, the period for collection of anti-dumping duties may be properly extended. The domestic industry or any natural person, legal person or relevant organization on behalf of the domestic industry may file a written application for expiry review to the Ministry of Commerce 60 days prior to the expiration of the anti-dumping measures since the date of the announcement.

On February 21, 2015, the Ministry of Commerce received a formal application for the expiry review on anti-dumping measures from Guangdong Xinhui Meida Nylon Co., Ltd., Fujian Jinjiang Technology Co., Ltd., Changle Liheng Polyamide Technology Co., Ltd., Hangzhou Hongfu Nylon Co., Ltd., Yueyang Baling Shihua Chemical& Synthetic Fiber Co., Ltd., Zhejiang Meibang Industry Group Co., Ltd., Huajian Nylon Co., Ltd. Zhejiang, and Wuxi Changan High Polymer Material Factory Co., Ltd. on behalf of the industry of polyamide-6 granula in China Mainland. The applicants claimed that, if the anti-dumping measures against imports of polyamide-6 granula originated in the U.S., the EU, Russia and Taiwan Region were terminated, the dumping behavior and injury to the industry in China Mainland might continue or reoccur, and requested the Ministry of Commerce to decide to maintain the anti-dumping measures against imports of polyamide-6 granula originated in the U.S., the EU, Russia and Taiwan Region.

In accordance with relevant provisions of the Regulations of the People’s Republic of China on Anti-dumping, the Ministry of Commerce has reviewed the qualifications of the applicants, relevant situations of products under investigation and similar products in China Mainland, imports of products under investigation during the period of taking anti-dumping measures, the likeliness of continuance or re-occurrence of dumping or injury, and relevant evidence. According to the evidence provided by the applicants and the initial review of the Ministry of Commerce, the production volume of polyamide-6 granula of the applicants complied with the provisions of Article 11, Article 13 and Article 17 of the Regulations of the People’s Republic of China on Anti-dumping on submission of an application for anti-dumping investigation by the domestic industry. The Ministry of Commerce holds that, the claims from the applicants and the prima facie evidence provided comply with the requirements for case-filing of an expiry review.

In accordance with Article 48 of the Regulations of the People's Republic of China on Anti-dumping, the Ministry of Commerce decides to initiate expiry review investigation against the anti-dumping measures applicable to imports of polyamide-6 granula originated in the U.S., the EU, Russia and Taiwan Region from April 22, 2015. Relevant matters are hereby announced as follows:

I. Extension of the Anti-dumping Measures

According to the proposal of the Ministry of Commerce, the Customs Tariff Commission of the State Council made a decision to continue to levy anti-dumping duties on imports of polyamide-6 granula originated in the U.S., the EU, Russia and Taiwan Region pursuant to the scope and rate of anti-dumping duties as released in Announcement No. 15 of 2010 of the Ministry of Commerce during the period of the expiry review investigation.

II. Review Investigation Period

The period of the dumping investigation for this review is from January 1, 2014 to December 31, 2014, and the period of industry injury investigation is from January 1, 2010 to December 31, 2014.

III. Scope of Products under Review Investigation

The scope of products under the review is the same as that subject to the anti-dumping measures announced in Announcement No.15 of 2010 by the Ministry of Commerce. The product is listed under tariff code: 39081012 in the Customs Import and Export Tariff of the People’s Republic of China.[1]

IV. Content of the Review

The review is to investigate the likeness of the continuation or recurrence of the dumping and injury in case of termination of the anti-dumping measures taken against imports of polyamide-6 granula originated in the U.S., the EU, Russia and Taiwan.

V. Registration for Responding

Any interested party may, within 20 days from the release of the Announcement, register with the Trade Remedy and Investigation Bureau of MOFCOM for participating in the expiry review investigation, and shall, in accordance with the Reference Format for Responding to Anti-dumping Investigation, provide the basic identity information, and illustrative materials on the volume and value of the products under investigation exported to China Mainland or importing the products under investigation of the case during the investigation period and the production and sales volume and value of the similar products, as well as other relevant information. The Reference Format for Responding to Anti-dumping Investigation is available for download on relevant websites.

The interested party as referred to herein is any individual or organization as specified in Article 19 of the Regulations of the People’s Republic of China on Anti-dumping

VI. Access to Public Information

Any interested party may access to relevant websites to download or go to the consultation room of trade relief public information of the Ministry of Commerce (Tel: 0086-10-65197878) to review, consult, copy and print non-confidential text of the petition submitted by the applicant of the case. In the course of investigation, any interested party may view the public information of the case on the websites mentioned above or go to the consultation room of trade relief public information of the Ministry of Commerce to review, consult, copy and print the public information of the case.

VII. Comments on Case Filing

Any interested party may submit its written comments to Trade Remedy and Investigation Bureau of MOFCOM within 20 days as of the date on which the Announcement is issued if it has any comment on the coverage and classification of the products under this round of investigation, qualification of the applicants, countries (regions) under investigation and other related issues.

VIII. Methods of Investigation

The Ministry of Commerce may adopt the methods of questionnaire, sampling, hearing, on-site verification or other methods to obtain information from interested parties and make investigation in accordance with Article 20 of the Regulations of the People’s Republic of China on Anti-dumping.

In order to obtain the information required for the investigation of the case, the Ministry of Commerce will usually distribute questionnaires to the foreign exporters or producers and domestic producers and importers that are involved in the case within 10 working days upon expiration of the registered response specified in the Announcement. Interested parties registered for the investigation may also download the questionnaires from relevant websites.

Any other interested party that does not register for the investigation may directly download the questionnaires from relevant websites or seek for the same from the Trade Remedy and Investigation Bureau of MOFCOM and fill and submit the questionnaires as required.

All companies shall submit their answers to any questionnaire in a complete and accurate manner within the specified period of time, which shall contain all the information as required by the questionnaire.

IX. Submission and Treatment of Confidential Information

If the information submitted by any interested party to the Ministry of Commerce is required to be treated as confidential, a request to keep such information confidential shall be made to the Ministry of Commerce and relevant reasons shall be stated. If the Ministry of Commerce approves such request, the interested party applying for confidentiality may also provide a non-confidential summary of such confidential information, which shall include sufficient and meaningful information so that other interested parties may have a reasonable understanding of such confidential information. If it fails to provide such non-confidential summary, it shall give the reasons. If confidentiality is not required for the information submitted by any interested party, the Ministry of Commerce will deem it as public information.

X. Consequences of Non-cooperation

In accordance with Article 21 of the Regulations of the People’s Republic of China on Anti-dumping, when the Ministry of Commerce is making an investigation, any interested party shall truthfully reflect the situation and provide relevant information. If any interested party fails to do so or fails to provide necessary information within a reasonable time limit or severely impedes such investigation in other ways, the Ministry of Commerce may make a ruling based on the facts acquired and the best information available.

XI. InvestigationPeriod

The investigation shall commence on April 22, 2015 and normally end before April 22, 2016.

XII. Contact Information of the Ministry of Commerce

Trade Remedy and Investigation Bureau of MOFCOM
Address: No.2 Dong Chang’an Avenue, Beijing, China
Zipcode: 100731
Contact persons: Ni Qian, Yu Jinbao, Chen Guihua
Tel: 0086-10-65198194, 65198197, 85093410
Fax: 0086-10-65198070, 65198172
Relevant websites: 1.sub-web of Trade Remedy and Investigation Bureau of MOFCOM (http://trb.mofcom.gov.cn)
2. Website of China Trade Remedy Information (http://www.cacs.gov.cn)

[1]The product under review is listed under tariff code: 39081019 in the Customs Import and Export Tariff of the People’s Republic of China from 2009 to 2010 and listed under tariff code: 39081012 from 2011to2015.

Ministry of Commerce of the People’s Republic of China

CLOSE