Announcement No. 58 of 2011 of MOFCOM on Final Review of Anti-dumping Measures Against Spandex Imports

Issued by: Ministry of Commerce of the People's Republic of China
Notice No. 58, 2011
Dated: October 13, 2011

The Ministry of Commerce of China (MOFCOM), on October 13, 2006, released Announcement No. 74 of 2006, deciding to levy anti-dumping duties against spandex imports from Japan, Singapore, ROK, Taiwan and the U.S. from October 13, 2006 for 5 years.

On May 22, 2008, MOFCOM released Announcement No. 39 of 2008, deciding that the anti-dumping duties rates of 2.86% applied on to Tongkook Corporation shall be inheritedsucceeded by TK Chemical Corporation from May 23, 2008.

On September 19, 2008, MOFCOM released Announcement No. 68 of 2008, deciding that INVISTA (Singapore) Fibres Pte. Ltd. shouldto be renamed INVISTA SINGAPORE FIBRES PTE. LTD. from September 22, 2008.
On February 4, 2010, MOFCOM released Announcement No. 6 of 2010, deciding that the anti-dumping duties rates of 12.87% applied on to Japan's OPELONTEX Co., Ltd. shall be inheritedsucceeded by Toray Opelontex Co., Ltd. from February 5, 2010.

MOFCOM released Announcement No. 15 of 2011 on April 13, 2011, stating that according to Regulations of the Anti-dumping Measures of the People's Republic of China, if a review determines that the termination of the anti-dumping duties may result in the continuation or recurrence of the dumping and injury, the time limit for the levy of anti-dumping duties may reasonably be extended, and that domestic spandex industry could submit written petition for review to the Ministry of Commerce 60 days prior to the termination date.

According to Article 48 of the Regulations on Anti-dumping of the People's Republic of China, MOFCOM decided to make final review on anti-dumping measures imposed on spandex imports from Japan, Singapore, ROK, Taiwan and the U.S., and announces the following:

I. Extend the anti-dumping measures

According to the proposal of MOFCOM, the Customs Tariff Commission of the State Council made a decision to continue to levy anti-dumping duties on imported spandex originated from Japan, Singapore, ROK, Taiwan and the U.S. in accordance with the anti-dumping tax scope and tax rate as released in MOFCOM Announcement No. 74 of 2006, No. 39 of 2008, No. 68 of 2008 and No. 6 of 2010.

Ⅱ. The period of review

The period of review on for anti-dumping investigation was from July 1, 2010 to June 30, 2011; and the period of injury investigation was from January 1, 2006 to June 30, 2011.

Ⅱ. The sScope of reviewed products

The scope of the products under the review is the same with as that subject tounder the anti-dumping measures announced in Announcement No. 74 of 2006. The tariff lines of the investigated product are 54024410, 54024900 and 54026920 according to the Customs Import and Export Tariff of the People's Republic of China (2011). The code of the subject products under tariff line 54024900 is 5402490001.

IV. Content of the review

Content of the review is the possibility of the continuation or recurrence of the dumping and injury caused by the termination of anti-dumping measures on spandex imports from the U.S. and Japan

V. Process of the review

Any interested party may apply for responding to the anti-dumping investigation with the Bureau of Fair Trade for Imports and Exports of the Ministry of Commerce within 20 days after the promulgation of this announcement, and the exporter or producer from the said countries shall supply with the volume and value of the investigated products exported to China during the period of investigation.

Any interested parties may apply for responding to the industry damage investigation with Bureau of Industry Injury Investigation of the Ministry of Commerce within 20 days after the promulgation of this announcement, supplying with materials about production capacity, production volume, storage, and plans of expansion.

2. Non-registered case responding
If any interested party fails to register for responding to the investigation within the time limit, the Ministry of Commerce shall have the right to refuse relevant materials submitted by the party, and to make a ruling according to collected facts and best information available.

3. Rights of the interested parties
Any interested party may submit written opinions to Ministry of Commerce within 20 days as from the promulgation of this announcement if having different opinions about scope of the investigated products, qualification of the petitioner and other related issues.

Any interested party may look into the non-confidential text files including the petition submitted by the petitioner in the Public Information Room of MOFCOM.

4. Questionnaire
MOFCOM will, in order to obtain information for the investigation, distribute questionnaire to related interested parties, and the response should be submitted in accordance with the time and method stated in the questionnaire.

5. Hearing
Any interested party may submit, in accordance with the regulations of the Provisional Rules on Hearing in Anti-dumping Investigation and the Rules on Hearing of Industry Injury Investigation of the Ministry of Commerce, a written petition to hold a hearing, and the Ministry of Commerce, as it deems necessary, may also hold a hearing.

6. On-site verification
MOFCOM will, as it deems necessary, send staff abroad for on-site verification. All materials submitted by any interested party should contain declaration to agree to receive verification, and the Ministry of Commerce will inform relevant countries and enterprises in advance.

7. Investigation period
The investigation shall be carried out as from October 13 of 2011, and completed before October 13 of 2012.

VI. Non-cooperation

According to Article 21 of the Regulations of the People's Republic of China on Anti-dumping, any interested party shall truthfully provide relevant information and materials when the investigating authorities conducting an investigation. If any interested party fails to provide true information, or fails to provide necessary information within a reasonable time, or seriously obstructs investigation through other means, the investigating authority can make a ruling according to collected facts and best information available.

Ⅶ.Contacts:

Bureau of Fair Trade for Imports and Exports, Ministry of Commerce:
Add: No 2 of Dong Chang'an Avenue
Code: 100731
Contact Persons: Wang Dong, Huang Yanjun
Tel: (8610)85093406, 65198757
Fax: (8610)85093407

Bureau of Industry Injury Investigation, Ministry of Commerce:
Add: No 2 of Dong Chang'an Avenue
Code: 100731
Contact Persons: Wu Feng, Sun Yu
Tel: (8610)65198069, 65198073
Fax: (8610)65197579