MOFCOM Announcement No. 60 of 2015 on the Final Ruling on the Anti-dumping Investigation against Imports of Methyl Methacrylate Originated in Singapore, Thailand and Japan

December 2, 2015 - 09:50 BJT (17:50 GMT)   MOFCOM

In accordance with the provisions of the Regulations of the People’s Republic of China on Anti-dumping (hereinafter referred to as the “Anti-dumping Regulations”), on August 8, 2014, the Ministry of Commerce (hereinafter referred to as the “Investigation Authority”) issued Announcement No. 53 of 2014, deciding to carry out anti-dumping investigation against imports of methyl methacrylate originated in Singapore, Thailand and Japan (hereinafter referred to as the “Products under Investigation”).

The Investigation Authority has investigated into the existence of dumping and dumping margin, the existence of damage to China’s domestic industry of methyl methacrylate caused by the Products under Investigation and the extent of such damage, as well as the causal relationship between the dumping and the damage. According to the investigation findings and Article 24 of the Anti-dumping Regulations, the Investigation Authority released on July 24, 2015, an announcement on the preliminary ruling, affirming that there was dumping of the Products under Investigation and the domestic industry of methyl methacrylate in China was substantially damaged, and there was causal relationship between the dumping and the substantive damage.

Upon the preliminary ruling, the Investigation Authority continued its investigation into the dumping and dumping margin, the damage and the extent of such damage, as well as the causal relationship between the dumping and the damage. The investigation now comes to an end. The Investigation Authority has made the final ruling (See the Annex) according to the provisions of Article 25 of the Anti-dumping Regulations. Relevant matters are hereby announced as follows:

I. Final Ruling

Upon investigation, the Investigation Authority made a final ruling that during the investigation period of this case, there was dumping of imports of methyl methacrylate originated in Singapore, Thailand and Japan, and China's domestic industry was substantially damaged, and there was causal relationship between the dumping and the substantive damage

II. Levy of Anti-dumping Duties

The Investigation Authority, in accordance with Article 38 of the Anti-dumping Regulations, proposed suggestions on the levy of anti-dumping duties against imports of methyl methacrylate originated in Singapore, Thailand and Japan to the Customs Tariff Commission of the State Council, which then decided, as of December 1, 2015, to impose anti-dumping duties on imports of methyl methacrylate originated in Singapore, Thailand and Japan.

Details of the case are as follows:

Name of products under investigation: 甲基丙烯酸甲酯 or Methyl Methacrylate (MMA) in English.
Molecular formula: C5H8O2

Chemical structural formula:

Physical and chemical features: methyl methacrylate is a kind of colorless fluid, volatile and inflammable with melting point at -48℃, boiling point at 100-101℃, relative density of 0.9440 (20/4℃) , 24℃(4.3kPa), refractive index of 1.4142, flashing point (open) of 10℃ and steam pressure of 5.33kPa (25.5℃). It is soluble in several organic solvents such as alcohols, ether and acetone, and sparing soluble in ethylene glycol and water. It is easy to polymerize under the light, heat and ionizing radiation and with catalyst.

Main usage: Methyl methacrylate is a kind of important organic chemical material, which is mainly used for synthesis of organic glass (polymethyl methacrylate (PMMA)), and also can be used for synthesis of other resins, plastics, coating materials, adhesives, modifiers, latex plasticizers, textile sizing agents, water repellents, lubricants, impregnating compounds for wood and soft wood, penetrants for electric wires, ion exchange resin, leather treatment agent, paper polishing agents, auxiliary agents for dyeing and printing, artificial marble and insulated potting compounds.

The product is listed under tariff number of 29161400 in the Customs Import and Export Tariff of the People’s Republic of China. Products other than methyl methacrylate under such number shall be excluded from this investigation.
Rates of anti-dumping duty imposed on companies are as follows:

Singaporean companies:
1. Lucite International Singapore Pte. Ltd. 6.7%
2. Sumitomo Chemical Singapore Pte Ltd 14.5%
3. All Others 14.5%
Thai companies:
1. THAI MMA CO., LTD. 15.2%
2. PTT Asahi Chemical Company Limited 11.1%
3. All Others 18.4%
Japanese companies:
1. Mitsubishi Rayon Co., Ltd. 14.6%
2. ASAHI KASEI CHEMICALS CORPORATION 12.3%
3. Sumitomo Chemical Company, Limited 13.4%
4. KURARAY CO., LTD. 34.6%
5. Mitsubishi Gas Chemical Co., Inc. 34.6%
6. Mitsui Chemicals, Inc. 34.6%
7. All Others
34.6%
III. Methods of Levying Anti-dumping Duties

As of December 1, 2015, import operators shall pay relevant anti-dumping duties to the Customs of the People’s Republic of China when importing methyl methacrylate originated in Singapore, Thailand and Japan. The anti-dumping duties shall be levied by means of ad valorem on the basis of dutiable value authorized by China Customs, and the formula is: Anti-dumping duties = dutiable value authorized by China Customs x rate of anti-dumping duties. The import value-added tax shall be levied by means of ad valorem with the dutiable value authorized by China Customs plus the tariff and anti-dumping duties as the taxable value.

IV. Retrospective Collection of Anti-dumping Duties

Deposits provided by relevant importers to Customs of the People’s Republic of China from August 1, 2015 to November 30, 2015 according to the announcement on the preliminary ruling, shall be transferred on the basis of detailed description of commodities taxable and the rate of anti-dumping duties determined by the final ruling to anti-dumping duties, and the import value-added tax shall also be levied according to relevant rate of value-added tax. Any excess of the deposits provided by importers during this period over the anti-dumping duties and the corresponding import value-added tax will be refunded by the Customs, and the short-levied duties will not be levied.

Retrospective collection of anti-dumping duties will not be carried out for imports of methyl methacrylate originated in Singapore, Thailand and Japan that were imported before the announcement of temporary anti-dumping investigations.

V. Period of Levying Anti-dumping Duties

The implementation period of levying anti-dumping duties on imports of methyl methacrylate originated in Singapore, Thailand and Japan shall be 5 years starting from December 1, 2015.

VI. New Exporter Review

Any new exporter in Singapore, Thailand and Japan that does not export the Products under Investigation to the People’s Republic of China during the investigation period, if qualified, may apply in writing to the Investigating Authority for a new exporter review according to provisions of Article 47 of the Anti-dumping Regulations.

VII. Interim Review

During the period of levying anti-dumping duties, relevant interested parties may apply in writing to the Investigating Authority for an interim review in light of provisions of Article 49 of the Anti-dumping Regulations. 
VIII. Administrative Reconsideration and Administrative Litigation

Any person who refuses to accept the final ruling of this case and the decision to levy anti-dumping duties may, according to provisions of Article 53 of the Anti-dumping Regulations, apply for an administrative reconsideration or initiate a litigation to the people's court according to law.

IX. This Announcement shall come into force as of December 1, 2015.

Annex: Final Ruling of Ministry of Commerce of the People's Republic of China on Anti-dumping Investigations Against imports of methyl methacrylate originated in Singapore, Thailand and Japan.pdf

Ministry of Commerce of the People’s Republic of China

December 1, 2015

Translated by Hou Zuowei

Proofread by Eddiea

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