MOFCOM Announcement No. 50, 2012 for AD Midterm Review on Sulfamethoxazole from India

Issued by: The Ministry of Commerce of China (MOFCOM)
Issue No.: Announcement No. 50 of 2012
Issue Date: August 16, 2012


On June 15, 2007, the MOFCOM issued its annual Announcement No. 48 to levy antidumping (AD) duties on sulfamethoxazole (SMZ) from India.

On June 24, 2011, China's Shouguang Fukang Pharmaceutical Co., Ltd. petitioned in writing the MOFCOM to conduct a midterm review on India-made SMZs for their dumping activities and dumping margins.

The company requests the MOFCOM to calculate the dumping margins over the past one year of Indian SMZ producers and exporters and to revise the antidumping duty rates on them by claiming that they increased their dumping margins so as to exceed the duty rates on them.

On August 17, 2011, the MOFCOM announced institution of the midterm review for dumping activities and dumping margins, investigating the normal value, export prices and dumping margins of the Indian SMZs that are covered by Chinese HS Code 29350030.

On June 15, 2012, the MOFCOM issued its annual Announcement No. 33 to start a final review on the antidumping measures against Indian SMZs with their antidumping duties to be still levied during the final investigatory period.

In accordance with China's Antidumping Regulations and MOFCOM rules on dumping midterm review, relevant matters are hereby announced:

1. Ruling

Based on its investigation, the MOFCOM hereby rules that the India-made SMZs assumed dumping activities during its review investigatory period, and that two Indian companies, Andhra Organics Limited and Virchow Laboratories Limited, assumed a dumping margin at 17.2％ and that other Indian companies involved assumed a dumping margin at 36.4%.

2. Antidumping Duties

Upon decision by the Customs Tariff Commission under the State Council, as of August 17, 2012, the antidumping duty rates on Indian SMZs shall be revised respectively to 17.2% applying to Indian Andhra Organics Limited and Virchow Laboratories Limited and 36.4% applying to other Indian companies involved.

3. Levy Methods

As of August 17, 2012, the importers shall, upon their declaration of Indian SMZs, pay antidumping duties aforementioned to China Customs;

The antidumping duties shall be calculated ad valorem by using the formula: Antidumping Duty Amount = Customs Duty-Paid Value × Antidumping Duty Rate.

The import value-added tax shall be calculated ad valorem by adding together customs duty-paid value, import duty amount and antidumping duty amount.

4. Administrative Review and Lawsuit

The interested parties may either apply to the MOFCOM for administrative review or file administrative lawsuit with China's court of justice.

This Announcement shall come into effect from August 17, 2012.


Annex: MOFCOM Ruling for Dumping & Dumping Margin Midterm Review on Indian Sulfamethoxazole (omitted)


The Ministry of Commerce of the P. R. China

August 16, 2012