GACC Announcement No. 54, 2012 for AD on Stainless Seamless Steel Tubes from Japan & EU

In accordance with China Antidumping Regulations, the Customs Tariff Commission under the State Council has decided to levy antidumping (AD) duties for five years from November 9, 2012 on high-performance stainless seamless steel tubes/pipes from Japan and the EU.

Correspondingly, China Ministry of Commerce (MOFCOM) issued its Announcement No. 72 of 2012 as Annex 1 hereto.

Relevant matters are hereby announced:

1. As of November 9, 2012, China Customs shall levy, besides existing import duties, antidumping duties and import value-added taxes (VAT) on the stainless seamless steel tubes/pipes from Japan and the EU (HS Codes 73044110 and 73044910), by distinguishing suppliers, as per applicable duty rates in the Annex 2 hereto and the calculation formulas below:

Antidumping Duty Amount = Duty-Paid Value × Antidumping Duty Rate;

Import VAT Amount = (Duty-Paid Value + Duty Amount + Antidumping Duty Amount) × Import VAT rate;

2. Upon customs declarations, the importers shall write in the HS Codes 7304411001 and 7304491001 for the antidumping-covered products "with tensile strength not less than 550Mpa and yield strength more than 200Mpa" and write in 7304411090 and 7304491090 for other covered products.

3. The importers shall submit Certificates of Origin and regarding origin in Japan or the EU, shall also submit the invoices from original manufacturers.

Where the Certificates of Origin are not available and the origins remain not definite, the customs may levy the antidumping duties at the highest antidumping duty rates listed in the Annex 2 hereto;

Where the origins are definitely Japan or the EU, but original manufacturer invoices are not available and the original manufacturers remain not definite, the customs may levy the antidumping duties at the antidumping duty rates applied to other companies in Japan or the EU listed in the Annex 2 hereto.

4. As regards the antidumping duties on bonded imports through processing trade, the customs may resort to the GACC Decree No. 111 and Announcement No. 9 of 2001.

5. Cash deposits already levied for provisional antidumping measures and for import VAT may be respectively calculated and converted into the antidumping duties and import VAT as per the covered scope and rates herein.

As regards the excess of the cash deposits over their antidumping duties or import VAT, the importers may apply to their governing customs for return within six months from November 9, 2012; any shortage of the deposits shall not be levied any more.

Annex 1: MOFCOM Announcement No. 72 of 2012 (Summary below)

Annex 2: Table of Antidumping Duty Rates on High-Performance Stainless Seamless Steel Tubes from Japan & the EU

November 7, 2012