MOFCOM Announcement No.37 of 2015 on Ruling on Expiry Review of Anti-dumping Measures Against Imports of Polyamide-6,6 Chips Originated in the U.S., Italy, the U.K., France and Taiwan Region

October 14, 2015 - 14:57 BJT (21:57 GMT)   MOFCOM

On October 12, 2009, Ministry of Commerce of the People’s Republic of China (hereinafter referred to as the “Investigation Authority”) issued Announcement No. 79 of 2009, deciding to levy anti-dumping duties against imports of polyamide-6,6 chips originated in the U.S., Italy, the U.K., France and Taiwan Region for a period of 5 years since October 13, 2009.

On October 10, 2014, in response to the application from industry of polyamide-6,6 chips in China, the Investigation Authority released an announcement, deciding to conduct expiry review investigation into the anti-dumping measures applicable to imports of polyamide-6,6 chips originated in the U.S., Italy, the U.K., France and Taiwan Region.

The scope of products under the review is the same as that subject to the original anti-dumping measures which is known as polyamide-6,6 and listed under tariff number of 39081011 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-6,6 chips originated in the U.S., Italy, the U.K., France and Taiwan Region, and made the ruling on the review in accordance with Article 48 of the Regulations of the People’s Republic of China on Anti-dumping (the “Anti-dumping Regulations”). (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 in China Mainland of imports of polyamide-6,6 chips originated in the U.S., Italy, France and Taiwan Region may continue while the dumping of imports of polyamide-6,6 chips originated the U.K., will not continue or reoccur; the injury from dumping of imports of polyamide-6,6 chips originated in the U.S., Italy, France and Taiwan Region to the industry of China Mainland 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 five years starting from October 13, 2015 according to the taxation scope and at the anti-dumping duty rate announced in the Announcement No. 79 of 2009 released by the Ministry of Commerce against imports of polyamide-6,6 chips originated in the U.S., Italy, France and Taiwan Region.

The anti-dumping measures against imports of polyamide-6,6 chips originated in the U.K. will be terminated as of October 13, 2015.

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-6,6 chips originated in the U.S., Italy, France and Taiwan Region as of October 13, 2015. 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 October 13, 2015.

Annex: Ruling of Ministry of Commerce of the People’s Republic of China on Expiry Review of Anti-dumping Measures Against Imports of Polyamide-6,6 Chips Originated in the U.S., Italy, the U.K., France and Taiwan Region.doc

Ministry of Commerce of the People’s Republic of China

October 12, 2015

Translated by Hou Zuowei

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