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Announcement No. 34 [2014] of the Ministry of Commerce – Announcement on Final Ruling on the Anti-dumping of the Imported Alloy-steel Seamless Tubes and Pipes for High Temperature and Pressure Service Originated in the EU, Japan and United States

May 12, 2014 - 13:21 BJT (20:21 GMT)   MOFCOM

In accordance with the provisions of Anti-dumping Regulations of the People’s Republic of China (hereinafter referred to as “Anti-dumping Regulations”), the Ministry of Commerce (hereinafter referred to as “Investigating Authority”) issued Announcement No. 24 on May 10, 2013, deciding to carry out anti-dumping case-filing investigation against the imported alloy-steel seamless tubes and pipes for high temperature and pressure service originated in the EU, Japan and United States (hereinafter referred to as “Product under Investigation”). The Product under Investigation is listed under tariff code: 73045110, 73045190, 73045910 and 73045990 in the Customs Import and Export Tariff of the People's Republic of China. The other tubes and pipes except for Product under Investigation under this tariff codes are not in the range of this investigation.

Investigating Authority investigated whether there is dumping on Product under Investigation, what the dumping margin is, whether the industry of Chinese alloy-steel seamless tubes and pipes for high temperature and pressure service get damaged and to what extent, as well as the causal relationship between the dumping and damages. In accordance with the investigation results and Article 24 of Anti-dumping Regulations, the Investigating Authority issued a preliminary ruling announcement on December 13, 2013, determining that the Product under Investigation is dumped, the industry of Chinese alloy-steel seamless tubes and pipes for high temperature and pressure service get damaged, and there is causal relationship between the dumping and substantive damages. 
After the preliminary ruling, the Investigating Authority continued the investigation of the dumping and dumping margin, damages and extent of damages, and the causal relationship between dumping and damages. As for now, the investigation is over. The Investigating Authority makes the final ruling in accordance with Article 25 of Anti-dumping Regulations (refer to the Appendix). It is hereby promulgated as follows:

I.Terminate the Anti-dumping Investigation against the Imported Product under Investigation Originated in Japan.

According to the investigation, the proportion accounted by the Product under Investigation exported by Japan to China during the investigation in the number of Product under Investigation imported by China during the same period is less than 3%. Therefore, the Investigating Authority determines this export volume can be omitted according to Article 9 and 27 of Anti-dumping Regulations, and decides to terminate the anti-dumping investigation against the Product under Investigation originated in Japan and do not take anti-dumping actions against it.

II. Final Ruling on Product under Investigation Originated in the EU and the United States

Upon investigation, the Investigating Authority finally determines that the Product under Investigation originated in the EU and the United States is dumped during the investigation period, resulting in material damages and losses against the alloy-steel seamless tubes and pipes for high temperature and pressure service in China, and such dumping act has casual relationships with these material damages and losses.

III. Collection of Anti-dumping Tax

In accordance with relevant provisions specified in Anti-dumping Regulations, the Ministry of Commerce suggests that the Customs Tariff Commission of State Council collect anti-dumping tax. Based on these suggestions provided by the Ministry of Commerce, the Customs Tariff Commission of State Council makes a decision that the alloy-steel seamless tubes and pipes for high temperature and pressure service originated in the EU and the United States shall be imposed the anti-dumping tax from May 10, 2014. 
Details of the Product under Investigation are as follows:

Investigation scope: certain alloy-steel seamless tubes and pipes for high temperature and pressure service originated in the EU and the United States. 
Name of Product under Investigation: certain alloy-steel seamless tubes and pipes for high temperature and pressure service, also called P92 seamless steel tubes and pipes, 10Cr9MoW2VNbBN seamless steel tubes and pipes, or X10CrWMoVNb9-2 seamless steel tubes and pipes, etc. 
　　　
English Name: Certain Alloy-Steel Seamless Tubes and Pipes for High Temperature and Pressure Service.
Detailed descriptions of alloy-steel seamless tubes and pipes: OD≥127mm; for chemical composition (wt%), carbon content: 0.07≤C≤0.13, chromium content: 8.5≤Cr≤9.5, molybdenum content: 0.3≤Mo≤0.6, wolfram content: 1.5≤W≤2.0; tensile strength≥620MPa; yield strength≥440MPa, regardless further processing. 
Main application: the certain alloy-steel seamless tubes and pipes for high temperature and pressure service have favorable high-temperature strength and are resistant to creep, which are widely used for supercritical or ultra-supercritical utility boiler and steam-water pipes.

Such products are subject to the Import and Export Tax Regulations of People’s Republic of China: 73045110, 73045190, 73045910 and 73045990.All other steel tubes and pipes which do not conform to the specific descriptions of Product under Investigation under these tax regulation numbers above are not subject to this investigation.

The tax rate of anti-dumping tax for each company is charged as follows: 
EU companies
1. Vallourec Deutschland GmbH 13.0%
2. VALLOUREC TUBES FRANCE 13.0%
3. IBF S.P.A. 13.2%
4. All Others 13.2%
US companies:
1. Wyman-Gordon Forgings, Inc. 14.1%
2. All Others 14.1%

IV.Method of Levying Anti-dumping tax

Since May 10, 2014, importers shall pay corresponding anti-dumping tax to PRC Customs when they import relevant alloy-steel seamless tubes and pipes for high temperature and pressure service that are originally manufactured from EU and United States. Such anti-dumping tax shall be levied by means of ad valorem according to the tax-paid value approved by the Customs. The calculation formula is: anti-dumping tax = tax-paid value approved by the Customs × anti-dumping tax rate. Import VAT shall be levied by means of ad valorem with the sum of tax-paid value approved by the Customs, tariff and anti-dumping tax as taxable value.

V.Retroactive Levy of Anti-dumping Tax

From January 10, 2014 to the date of this Announcement, anti-dumping tax shall be levied on the deposit provided by relevant importers to PRC Customs pursuant to the initial ruling based on the commodity coverage and anti-dumping tax rate determined by final ruling for such purpose; and import VAT shall also be levied on such deposit based on corresponding VAT rate. During such period, the Customs shall return the part of such deposit exceeding the anti-dumping tax and the part of additional import VAT, without further levy for those that have not been sufficiently levied.

Anti-dumping tax shall not be retroactively levied on relevant alloy-steel seamless tubes and pipes for high temperature and pressure service that are originally manufactured in EU and United States and are imported before January 9, 2014.

VI.Term of Levying Anti-dumping Tax

Within 5 years from May 10, 2014, anti-dumping tax shall be levied on relevant alloy-steel seamless tubes and pipes for high temperature and pressure service that are originally manufactured in EU and United States.

VII.New Exporter Review

New exporters in EU and United States that have not export any Product under Investigation to PRC within investigation period may, if qualified, apply in writing for new exporter review to the Investigating Authority according to provisions of Article 47 of Anti-dumping Regulations.

VIII.Interim Review

During the term of levying anti-dumping tax, relevant stakeholders may apply in writing to the Investigating Authority for interim review according to provisions of Article 49 of Anti-dumping Regulations.

IX.Administrative Reconsideration and Administration Litigation

Those who refuse to be subject to the final ruling and the decision of levying anti-dumping tax with respect to this case may either apply for administrative reconsideration pursuant to provisions of Article 53 of Anti-dumping Regulations, or bring a lawsuit to the People’s Court according to laws.

X.This Announcement shall be implemented as of May 10, 2014.

Ministry of Commerce of the People's Republic of China

May 9, 2014

Translated by Hu Xiaoying

(All information published in this website is authentic in Chinese. English is provided for reference only. )