MOFCOM Announcement No. 7, 2012 for Final AD Review on Indian & Taiwanese Nonyl Phenols

Issued by: the Ministry of Commerce of China (MOFCOM)
Document No.: Announcement No. 7 of 2012
Issue Date: March 28, 2012

On March 28, 2007, the Ministry of Commerce of China (MOFCOM) issued its Announcement No. 11 of 2007 deciding to levy anti-dumping duties on import nonyl phenols originating in India and Taiwan region for five (5) years starting from March 29, 2007.

On September 20, 2011, the MOFCOM issued its Announcement No. 59 of 2011 calling on relevant China's mainland industries or their representatives to petition, from the announcement date, to the MOFCOM in writing for its final anti-dumping review thereof sixty (60) days before the expiry date of the anti-dumping measures.

On December 30, 2011, the MOFCOM received the written petitions for its final review from Jiangsu LingFei Science & Technology Co., Ltd. and Changzhou Dyestuff Chemical Plant Co., Ltd. representing the mainland nonyl phenol industry. The petitioners hold the view that revoking the existing antidumping measures would be likely to lead to continuation or recurrence of the dumping or material injury concerned herein within a reasonably foreseeable time.

According to China's Anti-Dumping Regulations, the MOFCOM has made inspections over the petitioner qualification, the targeted import goods, the Chinese-made counterparts, the effect of the targeted imports on domestic industries, the likelihood of the continuation or recurrence of the dumping and injury along with the evidences thereof.

Based on results of the inspections above, the MOFCOM thinks the petitioners are eligible to represent the mainland industries and their propositions and prima facies evidences are compliant with requirements for the final review institution.

According to the Article 48 of the Anti-Dumping Regulations of China, the MOFCOM hereby decides to conduct the final review investigations into the anti-dumping measures on the nonyl phenols from India and Taiwan region from the date of March 29, 2012.

Relevant matters are hereby announced:

1. Continuation of the Anti-Dumping Measures

Based on the MOFCOM's proposal, the Customs Tariff Commission of the State Council has decided to continue levying the anti-dumping duties on the Indian and Taiwanese nonyl phenols as per the scope and duty rates provided in the MOFCOM Announcement No. 11, 2007 during the period of the final review investigations.

2. Periods of the Review Investigations

As regards this final review, the period for dumping investigations is from January 1, 2011 till December 31, 2011 and the period for injury investigations is from January 1, 2007 till December 31, 2011.

3. Investigated Product Scope

The investigated products under this final review shall be those covered by original anti-dumping measures and by Chinese HS Code 29071310, as provided by the MOFCOM Announcement No. 11, 2007.

4. Contents to Review

This final review aims to determine whether revoking the anti-dumping measures herein would lead to continuation or recurrence of the dumping and the injury.

5. Procedure of the Review

(1) Registration of Response

Regarding the investigation for dumping, any interested party may apply for legal response to the MOFCOM's Bureau of Fair Trade for Imports & Exports within twenty (20) days from the issue date of this Announcement.

Any investigated exporter or producer shall provide the information of both their export quantity and export value of the investigated products to China's mainland and other markets during the investigatory periods.

The Referential Format of Registration of Response to Dumping Investigation is available for downloading from the "Announcements" section on the MOFCOM's sub-website http://gpj.mofcom.gov.cn (Chinese).

Regarding the investigation for industrial injury, any interested party may apply for legal response to the MOFCOM's Bureau of Industry Injury Investigation within twenty (20) days from the issue date of this Announcement, meanwhile providing documents describing their capacity, output, stock, construction or expansion projects during the investigatory periods for industrial injury.

The Form of Application for Joining in Industrial Injury Investigation is available for downloading from the "Announcements" section of China Trade Remedy Information website (www.cacs.gov.cn).

(2) Failure to Register

Where any interested party fails to register for response with the MOFCOM within the time limit provided herein, the MOFCOM shall have the power to reject any of his relevant submissions and to make a ruling based on acquired facts and acquirable information.

(3) Rights of the Interested Parties

Where any interested party has any objections concerning this investigation, it may submit its opinions in writing to the MOFCOM within twenty (20) days from the issue date of this Announcement.

Any interested party may refer to the non-confidential copy of the written petitions submitted for the investigation at the MOFCOM's open anti-dumping information inquiry office.

(4) Issue of Questionnaire

The MOFCOM may issue questionnaire to the interested parties and the receivers shall submit their answers in a specified manner at a scheduled time.

(5) Hearing

The interested parties may apply in writing to the MOFCOM for holding relevant hearings as per relevant regulations, and the MOFCOM may initiatively hold relevant hearings.

(6) Onsite Inspection

The MOFCOM may dispatch personnel to conduct onsite inspections at home and abroad; any submissions of the interested parties shall include their written agreement on the MOFCOM's onsite inspections; and before such onsite inspections, the MOFCOM will inform in advance the countries, regions and enterprises to be inspected.

(7) Time Limit of the Investigations

This investigation shall start from March 29, 2012 and usually terminate by the end of March 29, 2013.

6. Noncooperation

Where any interested party fails to provide truthful information or conditions within a reasonable time or hinders the investigations by any other means, the MOFCOM may make relevant rulings based on acquired facts and acquirable best information.

7. The MOFCOM Contacts:

The MOFCOM's Bureau of Fair Trade for Imports & Exports:

Address: No. 2, East Chang'an Avenue, Beijing, China

Zip Code: 100731

Personnel: BAI Ming, WANG Dong

Tel: (8610) 65198473 / 85093406

Fax: (8610) 65198164

The MOFCOM's Bureau of Industry Injury Investigation:

Address: No. 2, East Chang'an Avenue, Beijing, China

Zip Code: 100731

Personnel: WU Feng, SUN Yu

Tel: (8610) 65198069 / 65198073

Fax: (8610) 65197579

Annex: Form for Registration of Response to Final Anti-Dumping Review on Nonyl Phenols (omitted)


The Ministry of Commerce of China

March 28, 2012