MOFCOM Announcement No.36 of 2015 on Ruling on Expiry Review of Anti-dumping Measures Against Imports of Polyvinyl Chloride Originated in the U.S., South Korea, Japan, Russia and Taiwan Region

September 30, 2015 - 14:50 BJT (21:50 GMT)   MOFCOM

On September 29, 2003 Ministry of Commerce of the People’s Republic of China (hereinafter referred to as the “Investigation Authority”) issued Announcements No. 48 and No. 53 of 2003, deciding to levy anti-dumping duties against imports of polyvinyl chloride originated in the U.S., South Korea, Japan, Russia and Taiwan Region for a period of 5 years.

On September 29. 2009, the Investigation Authority issued Announcement No. 69 of the year, deciding to extend the anti-dumping measures carried out against imports of polyvinyl chloride originated in the U.S., South Korea, Japan, Russia and Taiwan Region for a period of another 5 years.

On September 28, 2014, in response to the application from industry of polyvinyl chloride in China, the Investigation Authority released an announcement, deciding to conduct expiry review investigation into the anti-dumping measures applicable to imports of polyvinyl chloride originated in the U.S., South Korea, Japan, Russia and Taiwan Region.

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 polyvinyl chloride originated in the U.S., South Korea, Japan, 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 in China Mainland of imports of polyvinyl chloride originated in the U.S., South Korea, Japan and Taiwan Region may continue while the dumping of imports of polyvinyl chloride originated Russia will not continue or reoccur; the injury from dumping of imports of polyvinyl chloride originated in the U.S., South Korea, Japan and Taiwan Region to the industry of China Mainland may continue or reoccur if the original anti-dumping measures were terminated.

II. Levy of Anti-dumping Duties

The anti-dumping duties will be levied for a period of 3 years starting from September 28, 2015 at the anti-dumping duty rate announced in the Announcements No. 48 of 2003 and No. 69 of 2009 released by the Investigation Authority against imports of polyvinyl chloride originated in the U.S., South Korea, Japan and Taiwan Region. The description of products, against with the duties are levied, in the case shall comply with those announced in the Announcements No. 48 of 2003 and No. 69 of 2009 released by the Investigation Authority.

The anti-dumping measures against imports of polyvinyl chloride originated Russia will be terminated as of September 28, 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 polyvinyl chloride originated in the U.S., South Korea, Japan and Taiwan Region as of September 28, 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 September 28, 2015

Annex: PVC Sunset Ruling Attachment 150602.pdf

Ministry of Commerce of the People’s Republic of China

September 28, 2015

Translated by Hou Zuowei

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