MOFCOM Announcement No. 39 of 2015 on Expiry Review Ruling of Anti-dumping Measures against Imports of Adipic Acid Originated in the USA, European Union and South Korea

October 26, 2015 - 16:30 BJT (23:30 GMT)   MOFCOM

On November 1, 2009, the Ministry of Commerce of the People’s Republic of China (hereinafter referred to as “the investigation authority”) issued the Announcement No. 78 of 2009, determining to take anti-dumping measures against imports of adipic acid originated in the USA, European Union and South Korea for 5 years.

On June 23, 2011, the investigation authority issued the Announcement No. 36 of 2011, determining that Rhodia Korea Co., Ltd. shall inherit from Rhodia Polyamide Co., Ltd. the anti-dumping duty rate of 5.9% applicable in the adipic acid anti-dumping case. Meanwhile, the investigated product exported in the name of Rhodia Polyamide Co., Ltd. shall be subject to the anti-dumping duty rate of 16.7% applicable to “other South Korean companies”.

On April 18, 2014, the investigation authority issued the Announcement No. 21 of 2014, under which Solvay Chemicals Korea Co., Ltd. shall inherit from Rhodia Korea Co., Ltd. the anti-dumping duty rate of 5.9% applicable in the adipic acid anti-dumping case, and the investigated product exported in the name of Rhodia Korea Co., Ltd. shall be subject to the anti-dumping duty rate of 16.7% applicable to “other South Korean companies”.

The investigation authority has investigated the probability of continuity or resumption of the dumping and damages to China’s adipic acid industry incurred by imports of adipic acid originated in the USA, European Union and South Korea in case of termination of the anti-dumping measures. According to investigation results and Article 48 of the Regulations of the People’s Republic of China on Anti-dumping (hereinafter referred to as “the Regulations on Anti-dumping”), the investigation authority makes a review ruling (see appendix).

According to investigation results, the investigation authority makes suggestions on the implementation of anti-dumping measures to the Customs Tariff Commission of the State Council. According to Article 50 of the Regulations on Anti-dumping and the determination of the Customs Tariff Commission of the State Council, MOFCOM Announcement No. 39 of 2015 on Expiry Review Ruling of Anti-dumping Measures against Imports of Adipic Acid Originated in the USA, European Union and South Korea (hereinafter referred to as “the Announcement”) is hereby made concerning relevant matters as below:

I. Review Ruling

The investigation authority rules: in case of termination of the anti-dumping measures, the dumping and damages incurred by imports of adipic acid originated in the USA, European Union and South Korea to China may continue or resume.

II. Levying of Anti-dumping Duties

As of November 2, 2015, anti-dumping duties shall be levied upon imports of adipic acid originated in the USA, European Union and South Korea at the anti-dumping duty rates specified in the Announcement No. 78 of 2009, the Announcement No. 36 of 2011 as well as the Announcement No. 21 of 2014 of the investigation authority for 5 years. The descriptions of the product upon which anti-dumping duties are levied in this case are consistent with those of the investigated product in the Announcement No. 78 of 2009 of the investigation authority.

III. Levying Method of Anti-dumping Duties

As of November 2, 2015, when importing adipic acid originated in the USA, European Union and South Korea, importers shall pay corresponding anti-dumping duties to the customs of the People’s Republic of China. The anti-dumping duties shall be levied as per the duty-paid price approved by the customs and on an ad valorem basis, with the calculation formula: anti-dumping duty amount = duty-paid price approved by the customs x anti-dumping duty rate. The import value-added tax shall be levied as per the duty-paid price approved by the customs plus tariff and anti-dumping duties and on an ad valorem basis.

IV. Administrative Review and Administrative Proceedings

If any party objects to the expiry ruling and the determination of levying of anti-dumping duties for this case, an application for administrative review may be made, or legal proceedings may be instituted with a people’s court according to Article 53 of the Regulations on Anti-dumping.

V. The Announcement shall take effect as of November 2, 2015.

Appendix: Expiry Review Ruling of the Ministry of Commerce of Anti-dumping Measures against Imports of Adipic Acid Originated in the USA, European Union and South Korea

Ministry of Commerce of the People’s Republic of China

October 23, 2015

Translated by Wang Baihua

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