MOFCOM Announcement No. 18 of 2015 on Filing of Expiry Review of Anti-dumping of Carbon Steel Fasteners
MOFCOM Announcement No. 18 of 2015 on Filing of Expiry Review of Anti-dumping of Carbon Steel Fasteners
Date: 2015-8-7
MOFCOM Announcement No. 18 of 2015 on Filing of Expiry Review of Anti-dumping of Carbon Steel Fasteners
 
On June 28, 2010, the Ministry of Commerce released the Announcement No. 40 of 2010 (hereinafter referred to as “the Announcement”), deciding to take final anti-dumping measures against imports of carbon steel fasteners originated in the European Union, with the implementation period of five years as of June 29, 2010.

On April 29, 2015, the Ministry of Commerce received the application for the expiry review of anti-dumping measures formally submitted by the Fastener Sub Association of China General Machine Components Industry Association (hereinafter referred to as “the Applicant”) on behalf of China’s carbon steel fastener industry. The Applicant claims that if the anti-dumping measures are terminated, the dumping of imported carb steel fasteners originated in the European Union against China may continue or resume, and damages to China’s carbon steel fastener industry may continue or resume. Therefore, the Applicant requests the Ministry of Commerce to rule to maintain the anti-dumping measures against the imported carbon steel fasteners originated in the European Union.

According to relevant provisions of the Regulations of the People’s Republic of China on Anti-dumping, the Ministry of Commerce has examined the qualification of the Applicant, relevant situations of investigated products and similar Chinese products, imports of the investigated products in the period of implementation of anti-dumping measures, the probability of continuality or resumption of damages, relevant evidences and so on. The existing evidences indicate that the Applicant meets the provisions on an industry and industrial representativeness in Articles 11, 13 and 17 of the Regulations of the People’s Republic of China on Anti-dumping, and is qualified to make the application on behalf of China’s carbon steel fastener industry. The investigation authority believes that the claim of the Applicant and prima facie evidences submitted by it meet requirements for the filing of expiry review.

According to Article 48 of the Regulations of the People’s Republic of China on Anti-dumping, the Ministry of Commerce decided to make the expiry review investigation on the anti-dumping measures applicable to the imported carbon steel fasteners originated in the European Union as of June 29, 2015. Relevant matters are hereby announced as below:

I. Continuous Implementation of Anti-dumping Measures

According to the advice of the Ministry of Commerce, the Customs Tariff Commission of the State Council decides to continuously levy anti-dumping levies on the imports of carbon steel fasteners originated in the European Union as per the duty scope and duty rate set out in the MOFOCOM Announcement No. 40 of 2010 in the period of the investigation for the expiry review of anti-dumping.

II. Review Investigation Period

The dumping investigation period of this review is from April 1, 2014 to March 31, 2015, while the investigation period for industrial damages is from January 1, 2011 to March 31, 2015.

III. Scope of Products under Review Investigations

The scope of products under review includes products applicable to anti-dumping measures, which is consistent with the scope of products set out in the MOFCOM Announcement No. 40 of 2010.

IV. Review Contents

The contents of the review investigations are whether the termination of anti-dumping measures against imports of carbon steel fasteners originated in the European Union will result in the continuity or resumption of the dumping and damages.

V. Registry of Participation in Investigations

Within 20 days after the release of the Announcement, an interested party may be registered at the Trade Remedy and Investigation Bureau of the Ministry of Commerce for participation in the investigations for the expiry review of anti-dumping. An interested party participating in the investigations shall provide basic identity information, the quantity and amount of the investigated products exported to China or imported in the dumping investigation period, the quantity and amount of similar products produced and sold, relationships and other explanatory materials according to the Reference Format for Registry of Participation in Investigations. The Reference Format for Registry of Participation in Investigations may be downloaded from the Trade Remedy and Investigation Bureau sub-website of the Ministry of Commerce website (http://trb.mofcom.gov.cn).

For purpose of the Announce, interested parties refer to individuals and organizations specified in Article 19 of the Regulations of the People’s Republic of China on Anti-dumping.

VI. Inquiry of Public Information

Interested parties may download from relevant website or look up, read, transcribe and copy the non-confidential text of the application submitted by the Applicant at the Trade Remedy Public Information Room of the Ministry of Commerce (Tel.: 0086-10-65197878). In the course of investigations, any interested party may look up any public information on the case at relevant website, or look up, read, transcribe and copy any public information on the case at the Trade Remedy Public Information Room of the Ministry of Commerce.

VII. Comments on Filing of the Case

If any interested party needs to give comments on the scope of products under the investigations, classification of the products, the qualification of the Applicant, any investigated country (region) and other relevant issues, the said interested party may submit written opinions thereof to the Trade Remedy and Investigation Bureau of the Ministry of Commerce within 20 days after the date of release of the Announcement.

VIII. Investigation Methods

According to Article 20 of the Regulations of the People’s Republic of China on Anti-dumping, the Ministry of Commerce may learn about conditions from interested parties and make investigations by means of questionnaires, sampling, hearings, on-site inspections, etc.

With the view of obtaining the information necessary for the case, the Ministry of Commerce usually distribute questionnaires to foreign exporters or manufacturers involved in the case as well as domestic producers and importers within ten working days as of the deadline of registry of participation in investigations set out hereunder. Interested party registered for participation in investigations may download questionnaires from relevant website too.

Other interested parties not registered for participation in investigations may directly download questionnaires from relevant website, or ask for them from the Trade Remedy and Investigation Bureau of the Ministry of Commerce and fill in and submit them according to requirements.

All companies shall submit complete and accurate answer sheets within a prescribed time. The answer sheets shall 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 by an interested party to the Ministry of Commerce, the said interested party may make a request to the Ministry of Commerce for confidential treatment of relevant information and give reasons. If the Ministry of Commerce agrees about the said request, the interested party applying for confidentiality shall provide the non-confidential summary of the said confidential information. The non-confidential summary shall include full and meaningful information, so that other interested parties can reasonably understand the confidential information. If the non-confidential summary cannot be provided, specific reasons shall be given. If the information submitted by an interested party does not state that it is necessary to keep it confidential, the Ministry of Commerce will deem the said information 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 makes investigations, an interested party shall faithfully reflect situations and provide relevant materials. If an interested party fails to do so, 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 facts already obtained and available favorable information.

XI. Investigation Period

The investigations will start from June 29, 2015, and end on June 28, 2016.

XII. Contact

First Import Investigation Office of the Trade Remedy and Investigation Bureau of the Ministry of Commerce
Add.: No. 2 Dong Chang'an Avenue, Beijing, China
Postcode: 100731
Tel.: 010-8509340765198435
Fax: 010-6519841565198172 

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