MOFCOM Final AD Ruling on Photographic Paper from the EU, U.S. & Japan

Issued by: The Ministry of Commerce of China (MOFCOM)
Document No.: Announcement No. 10, 2012
Issue Date: March 22, 2012

In accordance with China's Anti-Dumping Regulations, The Ministry of Commerce (MOFCOM) issued its Announcement No. 93 of 2010 on December 23, 2010 determining launch of anti-dumping investigation into import photographic paper from the EU, the U.S. and Japan under Chinese HS Codes 37031010, 37032010 and 37039010, which are hereinafter referred to as the investigated products.

According to its investigation results, the MOFCOM issued a preliminary announcement on August 10, 2011 confirming the dumping of the investigated products, the material injury made to China's domestic industries and the causality existing between the dumping and the material injury thereof.

Up to now, the MOFCOM hereby makes the final ruling thereof (see Annex herein). Relevant issues are announced below:

Ⅰ Final Ruling

The MOFCOM finally rules that, during the period of anti-dumping investigation, the investigated products took on dumping conduct, and related Chinese industries suffered material injury, and causality existed between the dumping and the material injury.

Ⅱ Anti-Dumping Duty Levy

As per China's Anti-Dumping Regulations, based on the MOFCOM's relevant proposal, the Customs Tariff Commission under the State Council of China has decided to levy anti-dumping duties from March 23, 2012 on the importing photographic paper originating in the EU, the U.S. and Japan.

Descriptions of the Investigated Products:

Investigation Scope: importing photographic paper originating in the EU, the U.S. and Japan.

Name of the Investigated Products: Photographic Paper and Paper Boards.

Details of the Investigated Products: unexposed, color or black-and-white, light-sensitive paper and paper boards on which photograph can be printed through light illumination or chemical development, made up of paper base and chemical light-sensitive emulsion coated thereon, whether on pulp-fiber base or plastic-coated base.

Major Usage: mainly used for development and expansion of films or photographs and widely in the fields of art, advertising, certification, criminal investigation, aeronautics and astronautics, national defense, and so on.

The investigated products are classified under Chinese HS Codes 37031010, 37032010 and 37039010.

Anti-dumping duty rates are fixed for various companies as follows:

1. EU Companies:

(1) Kodak Limited: 19.4%

The "Kodak Limited (the U.K.)" in the preliminary ruling is revised to "Kodak Limited" herein.

(2) FUJIFILM Manufacturing Europe B.V.: 17.5%

(3) All Others: 19.4%

2. U.S. Companies:

(1) FUJIFILM Manufacturing U.S.A., Inc.: 16.2%

(2) All Others: 28.8%

3. Japanese Companies: 28.8%

Ⅲ Anti-Dumping Levy Method

From March 23, 2012, upon their import declarations, any importers of the investigated products shall pay corresponding anti-dumping duties to China Customs. Their anti-dumping duties shall be levied ad valorem on the basis of duty-paid value assessed by China Customs by using the formula: Anti-Dumping Duty Amount = Customs Duty-Paid Value × Anti-Dumping Duty Rate; and their import value-added tax (VAT) shall be levied ad valorem by using customs-assessed duty-paid value plus import duty and anti-dumping duty, which are regarded as the taxable price.

Ⅳ Anti-Dumping Duty Tracing

From August 10, 2011 till the announcement date herein, regarding the cash deposits delivered to China Customs by relevant importers as per the MOFCOM's preliminary ruling, the customs may calculate and convert them to anti-dumping duties as per the product scope involved and the anti-dumping duty rates defined by the final ruling and may meanwhile levy import VAT at corresponding VAT rates.

Where the deposits are more than the anti-dumping duties and corresponding import VATs, the customs shall return the excess thereof to the payers; and regarding any shortage of the deposits, the customs shall not levy any more.

As regards the investigated products already imported before the date of provisional anti-dumping announcement, the anti-dumping duties shall not be applied.

Ⅴ Anti-Dumping Duty Duration

The anti-dumping duties on the investigated products herein shall last five years starting from March 23, 2012.

Ⅵ New Exporter Review

Eligible new exporters from the EU, the U.S. and Japan, where having no exports of the investigated products to China during the investigation period, may submit their written applications to the MOFCOM for the review of new exporters in accordance with the Article 47 of China's Anti-Dumping Regulations.

Ⅶ Mid-Term Review

During the period of the antidumping duty levy, interested parties may submit written applications to the MOFCOM for a midterm review in accordance with China's Anti-Dumping Regulations.

Ⅷ Administrative Review & Administrative Lawsuit

Where disagreeing with the final ruling and the antidumping duty levy, any interested party may apply for administrative review and institute legal proceedings to China's people's court in accordance with the Article 53 of China's Anti-Dumping Regulations.

Ⅸ This Announcement shall take effect from March 23, 2012.

Annex: MOFCOM Final Anti-Dumping Ruling on Photographic Paper from the EU, the U.S. & Japan (omitted)


The Ministry of Commerce of the P. R. China

March 22, 2012