MOFCOM Announcement No. 15, 2012 for Final AD Review on Jap. Electrolytic Capacitor Paper

Issued by: The Ministry of Commerce of China (MOFCOM)
Issue No.: Announcement No. 15 of 2012
Issue Date: April 18, 2012


On April 17, 2007, the Ministry of Commerce of China (MOFCOM) issued its Announcement No. 30 of 2007 deciding to levy anti-dumping (AD) duties on import electrolytic capacitor paper originating in Japan for five (5) years starting from April 18, 2007.

On October 18, 2011, the MOFCOM issued its Announcement No. 64 of 2011 prompting the anti-dumping expiry on April 18, 2012 and 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 February 10, 2012, the MOFCOM received the written petition for its final review from Zhejiang KAN Special Material Co., Ltd. representing Chinese electrolytic capacitor paper industry. The petitioner holds the view that the existing anti-dumping measures should be maintained because their revoking would be likely to lead to continuation or recurrence of the dumping or injury undertaken by the Japan-made paper.

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

Based on results of the inspections above, the MOFCOM thinks the petitioner is eligible to represent the Chinese industry and its 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 investigation into the anti-dumping measures on the electrolytic capacitor paper from Japan from the date of April 18, 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 Japan-made electrolytic capacitor paper as per the scope and duty rates provided in the MOFCOM Announcement No. 30, 2007 during the period of the final review investigation.

2. Periods of the Review Investigation

As regards this final review, the period for dumping investigation is from January 1, 2011 till December 31, 2011 and the period for injury investigation 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 48059110, as provided by the MOFCOM Announcement No. 30, 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 concerned.

5. Procedure of the Review

(1) Registration of Response

Regarding the investigation on dumping, any interested party may apply for taking 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 during the investigatory period.

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 on industrial injury, any interested party may apply for taking 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 period.

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 also 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 April 18, 2012 and usually terminate by the end of April 18, 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: WANG Jun, LI Guogang
Tel: (8610) 65198746 / 65198747
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 Electrolytic Capacitor Paper