MOFCOM Announcement No. 15 of 2013 on Final Ruling on Expiry Review of Anti-dumping Investigation Against Nonyl Phenol

March 29, 2013 - 16:34 BJT (23:34 GMT)   MOFCOM

Issued by: Ministry of Commerce of the People’s Republic of China

Announcement No. 15, 2013

Date of Issuance: March 28, 2013

On March 28, 2007, Ministry of Commerce of the People’s Republic of China issued an annual Announcement No. 11, deciding to levy anti-dumping duties against imports of Nonyl Phenol originated in the Republic of India and Taiwan region for five years starting from March 29, 2007.

On March 28, 2012, the Ministry of Commerce issued the annual Announcement No. 7, deciding to initiate expiry review investigation into anti-dumping measures applicable to imports of Nonyl Phenol originated in the Republic of India and Taiwan region starting from March 29, 2012.

The products under investigation in this review are the same as those under original anti-dumping investigation, i.e. Nonyl Phenol, which is listed under H.S. Code: 29071310 in the Customs Import and Export Tariff of the People’s Republic of China.

The Ministry of Commerce has carried out investigation into the possibility of continuation and reoccurrence of anti-dumping and damage in case of termination of anti-dumping measures applicable to imports of Nonyl Phenol originated in the Republic of India and Taiwan region, then based on the findings of such investigation, offered suggestions of maintaining of original anti-dumping measures to the Customs Tariff Commission of the State Council.

In accordance with provision of Article 50 of the Regulations of the People’s Republic of China on Anti-dumping and decision of the Customs Tariff Commission of the State Council, relevant matters are hereby announced as follows:

I. Ruling

The Ministry of Commerce ruled that, dumping of imports of Nonyl Phenol originated in the Republic of India and Taiwan region against Mainland China may reoccur or continue and damages of imports of products under investigation against Nonyl Phenol industry of Mainland China may reoccur in case of termination of anti-dumping measures.

II. Anti-dumping Measures

It is required to carry out, in accordance with Announcement No.11 of 2007 issued by the Ministry of Commerce, anti-dumping measures against imports of Nonyl Phenol originated in the Republic of India and Taiwan region for five years from March 29, 2013.

III. Methods of Levying Anti-dumping Duties

As of March 29, 2013, import operators shall, when importing Nonyl Phenol originated in the Republic of India and Taiwan region, pay relevant anti-dumping duties to the Customs of the People’s Republic of China. The anti-dumping duties shall be levied by means of ad valorem on the basis of dutiable value authorized by the Customs, and the formula is: Anti-dumping duty = (dutiable value authorized by the Customs x rate of anti-dumping duty). The import value-added tax shall be levied by means of ad valorem with the dutiable value authorized by the Customs plus the tariff and anti-dumping duty as the taxable value.

IV. Administrative Reconsideration and Administrative Litigation

Any person who refuses to accept this review 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 litigation to the people's court.

V. The Announcement shall come into effect as of March 29, 2013.

Ministry of Commerce of the People’s Republic of China

March 28, 2013

Translated by Huang Lin

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