MOFCOM Announcement No.62 of 2012 on Ruling Made in Final Review of Anti-Dumping Measures against Spandex

October 15, 2012 - 15:32 BJT (22:32 GMT)   MOFCOM

Issued by:Ministry of Commerce of the People’s Republic of China 
Announcement No. 62, 2012 
Date of Issuance: October 12, 2012 

On October 13, 2006, the Ministry of Commerce released Announcement No. 74 of 2006, deciding to collect anti-dumping duties against imports of spandex originatedin Japan, Singapore, ROK, Taiwan region and the U.S. from October 13, 2006 for 5 years. 

On May 22, 2008, the Ministry of Commerce released Announcement No. 39 of 2008, deciding that anti-dumping duties rates of 2.86% applicable to Tongkook Corporation shall be succeeded by TK Chemical Corporation from May 23, 2008. 

On September 19, 2008, the Ministry of Commerce released Announcement No. 68 of 2008, deciding that INVISTA (Singapore) Fibres Pte. Ltd. should be renamed INVISTA SINGAPORE FIBRES PTE. LTD. from September 22, 2008. 

On February 4, 2010, the Ministry of Commerce released Announcement No. 6 of 2010, deciding that anti-dumping duties rates of 12.87% applicable to Japanese company of OPELONTEX shall be succeeded by Japanese Toray Opelontex Co., Ltd. from February 5, 2008. 

On October 13, 2011, the Ministry of Commerce released Announcement No. 58 of 2011, deciding to conduct final review investigation on anti-dumping measures against imports of spandex originated from Japan, Singapore, ROK, Taiwan region and the U.S.. 

The scope of products under the review is in line with those stipulated in Announcement No. 74 of 2006 by the Ministry of Commerce applicable to original anti-dumping measures. The products under investigation are listed under Tariff No. 54024410, 54024990 and 54026920 in Customs Import and Export Tariff of the People’s Republic of China (2012 version). 

The Ministry of Commerce made investigation on the possibilities of continuation and reoccurrence of dumping and injury in case of terminating anti-dumping measures, and submitted proposals on maintaining the original anti-dumping measures to Customs Tariff Commission of the State Council, based on findings of the investigation. 

According to Article 50 of Regulations of the People’s Republic of China on Anti-dumping and the decision of the Customs Tariff Commission of the State Council, it is hereby announced as follows: 

I. Ruling 

The Ministry of Commerce ruled that dumping of imports of spandex originated from Japan, Singapore, ROK, Taiwan region and the U.S. would be likely to reoccur if the original anti-dumping measures were terminated, and the injury to the industries of Mainland China caused by imports of spandex from Japan, Singapore, ROK, Taiwan region and the U.S. would be likely to reoccur if the original anti-dumping measures were terminated. 

II. Anti-dumping Measures 

The anti-dumping duties will be levied for 5 years from October 13, 2012 in accordance with the taxation coverage and anti-dumping duty rates released in Announcement No. 74 of 2006, No. 39 of 2008, No. 68 of 2008 and No. 6 of 2010 by the Ministry of Commerce. 

III. Methods of Anti-dumping Duties Collection 

Importers should pay related anti-dumping duties to Chinese Customs when importing spandex from Japan, Singapore, ROK, Taiwan region and the U.S.as of October 13, 2012. 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=customs dutiable value x anti-dumping duty rate. Import VAT shall be collected ad valorem on the basis of dutiable value decided by the customs plus customs duty plus anti-dumping duty. 

IV. Administrative Reconsideration and Lawsuit 

Where any party does not accept the ruling, it may, in accordance with Article 53 of Regulations of the People’s Republic of China on Anti-dumping, apply for administrative reconsideration or file a lawsuit in the people's court. 

V. The Announcement shall come into force as of October 13, 2012. 

Appendix: MOFCOM’s Ruling on FinalReview of Anti-Dumping Measures Applicable toImports of Spandex Originated from Japan, Singapore, ROK, Taiwan region and the U.S. 
 

Ministry of Commerce of the People’s Republic of China 
 
October 12, 2012 

Translated By TianLiping

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