MOFCOM Announcement No. 19 of 2015 on Midterm Review Ruling of Levying of Anti-dumping Duties on Imports of Photographic Paper Originated in the USA, European Union and Japan
MOFCOM Announcement No. 19 of 2015 on Midterm Review Ruling of Levying of Anti-dumping Duties on Imports of Photographic Paper Originated in the USA, European Union and Japan
Date: 2015-8-7
MOFCOM Announcement No. 19 of 2015 on Midterm Review Ruling of Levying of Anti-dumping Duties on Imports of Photographic Paper Originated in the USA, European Union and Japan
 
On March 22, 2012, the Ministry of Commerce released the annual Announcement No. 10 (hereinafter referred to as “the Announcement”), deciding to levy anti-dumping duties on imports of photographic paper originated in the USA, European Union and Japan as of March 23, 2012.

On June 2, 2015, Lucky Film Co., Ltd. (hereinafter referred to as “the Domestic Industrial Applicant”) made an application to the Ministry of Commerce, claiming that after final judge, FUJIFILM Manufacturing Europe B.V. (hereinafter referred to as “FUJIFILM Europe”) and FUJIFILM Manufacturing U.S.A., Inc., (hereinafter referred to as “FUJIFILM U.S.A.”) more seriously dumped the photographic paper imported to China, exceeding the anti-dumping duty rate determined in the final judge, and requiring the Ministry of Commerce to conduct the midterm review of the dumping and dumping margin for the anti-dumping measures applicable to imports of the photographic paper originated in FUJIFILM Europe and FUJIFILM U.S.A.

On June 5, 2015, the Ministry of Commerce informed the Mission of the European Union to China and the Embassy of the United States in Beijing, China of the domestic industrial application, and forwarded to them the public text of the application for the midterm review and the unclassified summary of confidential materials.

In accordance with Article 49 of the Regulations of the People's Republic of China on Anti-dumping and the Provisional Rules on Midterm Review of Dumping and Dumping Margin of the Ministry of Commerce, upon a reasonable time after validation of anti-dumping duties, the Ministry of Commerce may conduct the midterm review of dumping and dumping margin of relevant exporters and manufacturers after examining corresponding evidences provided by any interested party upon request thereof.

The Ministry of Commerce has examined the qualification of the Domestic Industrial Applicant, export prices and normal prices of products applied for investigation and other relevant conditions. Upon examination, the Ministry of Commerce believed that the Domestic Industrial Applicant had provided in the application the preliminary evidences on the change in the dumping margin, which met the requirements of Article 49 of the Regulations of the People's Republic of China on Anti-dumping and the Provisional Rules on Midterm Review of Dumping and Dumping Margin. The Ministry of Commerce decided to, as of the date of release of the Announcement, begin to conduct the midterm review of dumping and dumping margin for the anti-dumping measures applicable to imports of the photographic paper originated in FUJIFILM Europe and FUJIFILM U.S.A. Relevant review matters are hereby announced as below:

I. Product Scope

The scope of products under review includes the imported photographic paper products originated in FUJIFILM Manufacturing Europe B.V. and FUJIFILM Manufacturing U.S.A., Inc.

Chinese names of investigated products: 未曝光的摄影感光纸及纸板

English names: Photographic Paper and Paper Board (“the photographic paper” for short)

The said products are included into tariff codes: 37031010, 37032010 and 37039010 in the Customs Import and Export Tariff of the People’s Republic of China.

Specific descriptions are consistent with product descriptions set out in the MOFCOM Announcement No. 10 of 2012.

II. Review Investigation Period and Review Scope

1. Review investigation period.

The dumping investigation period of this review is from April 1, 2014 to March 31, 2015.

2. Review scope.

The review scope includes the anti-dumping duty rate applicable to imports of the photographic paper from FUJIFILM Europe and FUJIFILM U.S.A.

III. Review Procedures

1. Comments of interested parties.

Any interested party may give opinions and provide corresponding evidences on this review in writing within 20 days after the date of release of the Announcement.

2. Distribution of questionnaire.

In order to obtain the information necessary for the investigation as deemed by it, the Ministry of Commerce will, as needed, distribute questionnaires to relevant interested parties. The questionnaires for this case may be downloaded from the “Case Update” column of the Trade Remedy and Investigation Bureau sub-website of the Ministry of Commerce website (http://trb.mofcom.gov.cn). Answer sheets of the questionnaires shall be submitted according to questionnaire requirements within 37 days after the questionnaires are distributed.

3. Hearings.

An interested party may make a written request for holding a hearing in accordance with the Interim Rules on the Hearing of Anti-dumping Investigations of the Ministry of Commerce. When necessary as it deems, the Ministry of Commerce may actively hold a hearing.

4. On-site inspections.

When necessary, the Ministry of Commerce will assign workers to conduct on-site inspections at relevant countries; any materials submitted by an interested party shall include the statement on agreement about inspections; and, before inspections, the Ministry of Commerce will inform relevant countries and enterprises in advance.

IV. 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 an investigation, 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.

V. Contact

Add.: No. 2 Dong Chang'an Avenue, Beijing
Postcode: 100731
Trade Remedy and Investigation Bureau of the Ministry of Commerce
Tel.: 86-10-85093415;65198473
Fax: 86-10-65198415 

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