MOFCOM Announcement No. 4 of 2016 on Ruling on Expiry Review of Anti-dumping Measures against Imports of Polyamide-6 Originated in the U.S., the EU, Russia and Taiwan Region

April 22, 2016 - 10:51 BJT (17:51 GMT)   MOFCOM

On April 21, 2010, Ministry of Commerce of the People’s Republic of China (the “Investigation Authority”) issued Announcement No. 15 of 2010, deciding to levy anti-dumping duties against imports of polyamide-6 originated in the U.S., the EU, Russia and Taiwan Region for a period of 5 years from April 22, 2010.

On April 21, 2015, in response to the application from the industry of polyamide-6 in China, the Investigation Authority released an announcement, deciding to conduct expiry review investigation into the anti-dumping measures applicable to imports of polyamide-6 originated in the U.S., the EU, Russia and Taiwan Region.

The products under investigation in this expiry review are the same products as being investigated for the original anti-dumping measures, i.e. chinlon-6, with a scientific name of polycaprolactam, which is also known as polyamide-6 or nylon 6 (PA6), listed under tariff number of 39081012 in the Customs Import and Export Tariff of the People’s Republic of China.

The Investigation Authority conducted investigation into the possibility of continuation or reoccurrence of dumping and injury in case of terminating the original anti-dumping measures against imports of polyamide-6 originated in the U.S., the EU, Russia and Taiwan Region. Based on the findings and in accordance with Article 48 of the Regulations of the People’s Republic of China on Anti-dumping (the “Anti-dumping Regulations”), the Investigation Authority made the ruling on the review. (See the Annex) 
The Investigation Authority submitted proposals on implementation of anti-dumping measures to Customs Tariff Commission of the State Council based on findings of the investigation in accordance with Article 50 of the Anti-dumping Regulations. Relevant matters are hereby announced as follows:

I. Ruling

The Investigation Authority ruled that dumping of imports of polyamide-6 originated in the U.S., the EU, Russia and Taiwan Region to the industry of China may continue or reoccur, and the injury from dumping of imports of polyamide-6 originated in the U.S., the EU, Russia and Taiwan Region to the industry of China may continue or reoccur if the original anti-dumping measures were terminated.

II. Anti-dumping Measures

The anti-dumping duties will be levied for a period of 5 years starting from April 22, 2016 at the anti-dumping duty rate announced in the Announcement No. 15 of 2010 released by the Investigation Authority against imports of polyamide-6 originated in the U.S., the EU, Russia and Taiwan Region.

III. Method to Levy Anti-dumping Duties

Import operators shall pay related anti-dumping duties to the Customs of the People’s Republic of China when importing polyamide-6 originated in the U.S., the EU, Russia and Taiwan Region as of April 22, 2016. The anti-dumping duty shall be collected ad valorem on the basis of dutiable value authorized by Chinese Customs. The formula is: Anti-dumping duty= dutiable value authorized by the Customs x anti-dumping duty rate. Import VAT shall be collected ad valorem on the basis of dutiable value authorized by the Customs plus tariff plus anti-dumping duty.

IV. Administrative Reconsideration and Administrative Litigation

Where any party refuses to accept the review decision, it may, in accordance with Article 53 of the Regulations of the People’s Republic of China on Anti-dumping, apply for administrative reconsideration or institute legal proceedings in the people's court.

V. The Announcement shall come into force as of April 22, 2016.

Ministry of Commerce of the People’s Republic of China

April 21, 2016

Translated by Hou Zuowei

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