MOFCOM Announcement No. 39 of 2013 on Midterm Review Ruling on Nucleotide

August 12, 2013 - 10:41 BJT (17:41 GMT)   MOFCOM

Issued by: Ministry of Commerce of the People’s Republic of China
Announcement No. 39, 2013
Date of Issuance: August 6, 2013

Ministry of Commerce of the People’s Republic of China (hereinafter referred to as the Ministry of Commerce) released an annual announcement No. 56 on September 21, 2010, deciding to impose anti-dumping duties on imports of nucleotide food additives originated in Indonesia and Thailand.

Star Lake Bioscience Co., Inc. Zhaoqing Guangdong submitted an application to the Ministry of Commerce on September 25, 2012, requesting to perform midterm review against dumping and dumping margin of anti-dumping measures applicable to imports of nucleotide food additives originated in PT. Cheil Jedang Indonesia, PT. Kirin Miwon Foods and Ajinomoto Co., (Thailand) Ltd., and asserting that, after final decision, the dumping margin of nucleotide food additives imported from the aforesaid producers and exporters to China increased and exceeded the rates of anti-dumping duties determined in the final decision. Thus, the Applicant requested to calculate the dumping margin of the aforesaid producers and exporters in the past one year, and to revise the rates of anti-dumping duty correspondingly.

The Ministry of Commerce reviewed the application in accordance with laws and considered that it satisfied the case-filing conditions. In accordance with the Regulations of the People’s Republic of China on Anti-dumping and the Provisional Rules on Midterm Review of Dumping and Dumping Margin by the Ministry of Commerce, on October 29, 2012, the Ministry of Commerce released an announcement on case-filing, deciding to perform midterm review against dumping and dumping margin of anti-dumping measures applicable to imports of nucleotide food additives originated in PT. Cheil Jedang Indonesia, PT. Kirin Miwon Foods and Ajinomoto Co., (Thailand) Ltd. The range of review covers the normal value, export price and dumping margin of imports of nucleotide food additives originated in PT. Cheil Jedang Indonesia, PT. Kirin Miwon Foods and Ajinomoto Co., (Thailand) Ltd. The products under investigation during such review investigation are the same as those during the original anti-dumping investigation, namely nucleotide food additives and are listed under the tariff numbers: 29349990 and 38249099 in the Customs Import and Export Tariff of the People's Republic of China.

Within the specified time, Ajinomoto Co., (Thailand) Ltd. filed with the Ministry of Commerce for response and submitted their answer sheets. PT. Cheil Jedang Indonesia and PT. Kirin Miwon Foods neither submit the answer sheets within specified time nor cooperate with the Ministry of Commerce in this investigation. Based on the results of review investigation of dumping and dumping margin of imports of nucleotide food additives originated in PT. Cheil Jedang Indonesia, PT. Kirin Miwon Foods and Ajinomoto Co., (Thailand) Ltd., the Ministry of Commerce proposed suggestions to modify relevant rates of anti-dumping duties to the Customs Tariff Commission of the State Council. In accordance with Article 50 of the Regulations of the People’s Republic of China on Anti-dumping and the Provisional Rules on Midterm Review of Dumping and Dumping Margin by the Ministry of Commerce, relevant matters are hereby announced as follows:

I. Ruling

Upon investigation, the Ministry of Commerce ruled that the dumping margins of the above companies were as follows:
For Indonesian companies
PT. Cheil Jedang Indonesia 93.6%
PT. Kirin Miwon Foods 93.6%
For Thailand companies
Ajinomoto Co., (Thailand) Ltd. 9.9%

II. Levy of Anti-dumping Duties

In accordance with the Regulations of the People’s Republic of China on Anti-dumping, the Customs Tariff Commission of the State Council decided to adjust the anti-dumping duty rate applicable to imports of nucleotide food additives originated in PT. Cheil Jedang Indonesia and PT. Kirin Miwon Foods to 93.6% and that applicable to imports of nucleotide food additives originated in Ajinomoto Co., (Thailand) Ltd. to 9.9% as of August 7, 2013.

III. Method of Levying Anti-dumping Duties

As of August 7, 2013, importers shall pay corresponding anti-dumping duties to the Customs of the People’s Republic of China when importing nucleotide food additives originated in PT. Cheil Jedang Indonesia, PT. Kirin Miwon Foods and Ajinomoto Co., (Thailand) Ltd. Anti-dumping duties shall be levied by means of ad valorem based on the dutiable value authorized by the Customs and the calculation formula is: anti-dumping duties = dutiable value (to be authorized by the Customs) × anti-dumping duty rate. Moreover, import VAT shall be levied by means of ad valorem based on the taxable value of dutiable value authorized by the Customs plus tariff and anti-dumping duties.

IV. Administrative Reconsideration and Administrative Litigation

Any interested party may, according to provisions of Article 53 of the Regulations of the People’s Republic of China on Anti-dumping, apply for an administrative reconsideration or initiate a litigation to the people's court according to law.

V. This Announcement shall come into force as of August 7, 2013.

Ministry of Commerce of the People’s Republic of China
August 6, 2013

Translated by Hou Zuowei

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