MOFCOM Announcement No. 44 of 2013 on Final Ruling on the Anti-dumping Investigation against Toluidine

July 4, 2013 - 11:01 BJT (18:01 GMT)   MOFCOM

Issued by: Ministry of Commerce of the People’s Republic of China
Announcement No. 44, 2013
Date of Issuance: June 27, 2013

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 June 29, 2012, the Ministry of Commerce (hereinafter referred to as the "Investigating Authority") issued a case-filling announcement, deciding to carry out anti-dumping case-filling investigation against imports of Toluidine originated in the EU (hereinafter referred to as the "Product under Investigation"), which is listed under tariff code: 29214300 in the Customs Import and Export Tariff of the People’s Republic of China. The other products except for toluidine under this tariff codes are not in the range of this investigation.

The Investigating Authority has investigated into the existence of dumping and dumping margin, the existence of damage to China’s domestic toluidine industry caused by the Product 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 Investigating Authority released on February 28, 2013 an announcement on the preliminary ruling, affirming that there was dumping of the Product under Investigation and China's domestic industries were substantially damaged, and there was causal relationship between the dumping and the substantive damage.

Upon the preliminary ruling, the Investigating 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 Investigating Authority has made the final ruling (See the Annex) according to the investigation findings and provisions of Article 25 of the Anti-dumping Regulations. Relevant matters are hereby announced as follows:

I. Final Ruling

Upon investigation, the Investigating Authority made a final ruling that during the investigation period of this Case, there was dumping of the Product under Investigation and China's domestic toluidine industry was substantially damaged, and there was causal relationship between the dumping and the substantive damage.

II. Levy of Anti-dumping Duties

The Investigating Authority, in accordance with relevant provisions of the Anti-dumping Regulations, proposed suggestions on the levy of anti-dumping duties to the Customs Tariff Commission of the State Council, which then decided, as of June 28, 2013, to impose anti-dumping duties on imports of toluidine originated in the EU.
Detailed descriptions of the Product under Investigation are as follows:

Scope of investigation: imports of toluidine originated in the EU.
Name of the Products under Investigation: 甲苯胺, or Toluidine in English
Molecular formula: C7H9N
Physical and chemical properties: it is colorless or yellow oily liquid or colorless flaky crystal, can be slightly soluble in water and soluble in ethanol, diethyl ether and diluted acids. There are three isomers, which are o-Toluidine, m-Toluidine and p-Toluidine.
Main usage: it is usually used as intermediate for dye, medicine and pesticide, and also for color developer. In the field of analytical chemistry, besides used as solvent, it can also be used as impregnation liquid for refraction index of minerals.

Rates of anti-dumping duties imposed on companies are as follows:

The EU Companies:
1. LANXESS Deutschland GmbH 19.6%
2. All others 36.9%

III. Methods of Levying Anti-dumping Duties

As of June 28, 2013, importers shall pay relevant anti-dumping duties to the Customs of the People’s Republic of China when importing toluidine originated in the EU. 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 March 1, 2013 until the date of this Announcement according to the announcement on the preliminary ruling, shall be transferred on the basis of the scope 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 toluidine originated in the EU that were imported before the announcement of the decision to implement provisional anti-dumping measures.

V. Period of Levying Anti-dumping Duties

The implementation period of levying anti-dumping duties on imports of toluidine originated in the EU shall be five years starting from June 28, 2013.

VI. New Exporter Review

Any new exporter in the EU that does not export the Product 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 June 28, 2013.

Ministry of Commerce of the People’s Republic of China
June 27, 2013 

(Translated by Hou Zuowei)

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