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MOFCOM announces final ruling on anti-dumping agai
 
http://www.embm.cn 中国绣花机网            2016年7月15日   
 

On July 14, 2015, the Ministry of Commerce of the People''s Republic of China (hereinafter referred to as the "Ministry of Commerce") issued Announcement No.22 of 2015, deciding to initiate an anti-dumping investigation on polyacrylonitrile fiber (acrylic fiber) imports from Japan, South Korea and Turkey (H.S. code: 55013000, 55033000 and 55063000).

The Investigation Authority has implemented investigation into the existence of dumping and dumping margin and the injuries to the acrylic fiber industry of China by the product under investigation and the extent thereof and the causality between dumping and injury. According to findings of the investigation and Article 24 of the Anti-dumping Regulations, the Investigation Authority makes its preliminary ruling.

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 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 acrylic fiber 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 July 14, 2016, to impose anti-dumping duties on imports of acrylic fiber originated in Japan, South Korea and Turkey.

The investigated products are listed under H.S. code 55013000, 55033000 and 55063000, excluding modified acrylic fiber (modified polyacrynonitrile fiber).

Rates of anti-dumping duties imposed on the companies:

Country Company Anti-dumping duties
Japan Japan Exlan Co., Ltd. 16.10%
Mitsubishi Rayon Co., Ltd. 15.80%
Toray Industries Inc. 16.00%
All others 16.10%
South Korea Taekwang Industrial Co., Ltd. 4.10%
All others 16.10%
Turkey Akasa Akrilik Kimya Sanayii A.S. 8.20%
All others 16.10%

III. Methods of Levying Anti-dumping Duties
As of July 14, 2016, importers shall pay relevant anti-dumping duties to the Customs of the People''s Republic of China when importing acrylic fiber originated in Japan, South Korea and Turkey. 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 import operators to the Customs of the People''s Republic of China from April 2, 2016 to July 13, 2016 according to the announcement on the preliminary ruling, shall be collected on the basis of the scope of commodities taxable and the rate of anti-dumping duties determined by the final ruling and transferred 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 acrylic fiber originated in Japan, South Korea and Turkey 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 acrylic fiber originated in Japan, South Korea and Turkey shall be five years starting from July 14, 2016.

VI. New Exporter Review
Any new exporter in Japan, South Korea and Turkey 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 July 14, 2016.

Ministry of Commerce of the People''s Republic of China

July 13, 2016

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