MOFCOM Announcement No. 72 of 2012 on the Final Ruling of the Anti-dumping Case against Imports of Certain High-performance Stainless Steel Seamless Tubes Originated in the EU and Japan

 
Issued by: Ministry of Commerce of the People's Republic of China
Announcement No. 72, 2012
Date of Issuance: November 8, 2012

In accordance with provisions of the Regulations of the People's Republic of China on Anti-dumping (hereinafter referred to as the "Anti-dumping Regulations"), the Ministry of Commerce (hereinafter referred to as the "Investigating Authority"), released on September 8, 2011 a formal announcement on its decision to launch an anti-dumping investigation into certain imports of high-performance stainless steel seamless tubes originated in the EU and Japan (hereinafter referred to as the "Products under Investigation"). Products under Investigation are listed under tariff No. 73044110, 73044910, 73045110 and 73045910 respectively in the Customs Import and Export Tariff of the People's Republic of China.

The Investigating Authority has investigated into the existence of dumping and dumping margin, the existence of damage to China's domestic certain high-performance stainless steel seamless tubes industry caused by the Products under Investigation and the extent of such damage, as well as the causal relationship between the dumping and the damage. According to the investigation findings and Article 24 of the Anti-dumping Regulations, the Investigating Authority released on May 8, 2012 an announcement on the preliminary ruling, affirming that there was dumping of the Products under Investigation and China's domestic industries were substantially damaged, and there was causal relationship between the dumping and the substantive damage.

Upon the preliminary ruling, the Investigating Authority continued its investigation into the existence of dumping and dumping margin, the existence of damage and the extent of such damage, as well as the causal relationship between the dumping and the damage. The investigation now comes to an end. The Investigating Authority has made the final ruling (See the Annex) according to the investigation findings and provisions of Article 25 of the Anti-dumping Regulations. Relevant matters are hereby announced as follows:

I. Final Ruling

Upon investigation, the Investigating Authority made the final ruling that during the investigation period of this Case, there was dumping of the Products under Investigation and China's domestic certain high-performance stainless steel seamless tubes industry was substantially damaged, and there was causal relationship between the dumping and the substantive damage.

II. Levy of Anti-dumping Duties

The Investigating Authority, in accordance with relevant provisions of the Anti-dumping Regulations, proposed suggestions on the levy of anti-dumping duties to the Customs Tariff Commission of the State Council which then decided, as of November 9, 2012, to impose anti-dumping duties on certain imports of high-performance stainless steel seamless tubes originated in the EU and Japan.

Detailed descriptions of the Products under Investigation are as follows:

Scope of investigation: certain imports of high-performance stainless steel seamless tubes originated in the EU and Japan.

Name of the Products under Investigation: Certain High-performance Stainless Steel Seamless Tubes.

Detailed descriptions of the Products under Investigation: high-performance stainless steel seamless tubes with a carbon (C) content of not less than 0.04% but not more than 1.2%, a chromium (Cr) content of more than 16%, a nickel (Ni) content of more than 7%, a niobium (Nb) content of not less than 0.2%, a tensile strength of not less than 550Mpa and a yield strength of over 200Mpa, and having such features as high endurance strength, good structure stability, anti-steam oxidation and excellent corrosion resistance at high temperature.

Main usage: the Products under Investigation are mainly used in the superheater and reheater of the supercritical and ultra supercritical utility boiler.

Products under Investigation are listed under tariff No. 73044110 and 73044910 respectively in the Customs Import and Export Tariff of the People's Republic of China.

Rates of anti-dumping duties imposed on companies are as follows:
Japanese Companies:

a) Sumitomo Metal Industries, Ltd. 9.2%
b) Kobe Special Tube Co., Ltd. 14.4%
c) All other Japanese ones 14.4%
The EU Companies:
a) Tubacex Tubos Inoxidables, S.A. 9.7%
b) Salzgitter Mannesmann Stainless Tubes Italia s.r.l. 11.1%
c) All others 11.1%

III. Methods of Levying Anti-dumping Duties

As of November 9, 2012, importers shall pay relevant anti-dumping duties to China Customs when importing certain high-performance stainless steel seamless tubes originated in the EU and Japan. The anti-dumping duties shall be levied by means of ad valorem on the basis of dutiable value authorized by China Customs, and the formula is: Anti-dumping duties = (dutiable value authorized by China Customs x rate of anti-dumping duties). The import value-added tax shall be levied by means of ad valorem with the dutiable value authorized by China Customs plus the tariff and anti-dumping duties as the taxable value.

IV. Retrospective Collection of Anti-dumping Duties

Deposits provided by relevant importers to China Customs from May 8, 2012 until the Announcement of this decision according to the announcement on the preliminary ruling, shall be collected on the basis of the scope of commodities taxable and the rate of anti-dumping duties determined by the final ruling and transferred to anti-dumping duties, and the import value-added tax shall also be levied according to relevant rate of value-added tax. Any excess of the deposits provided by importers during this period over the anti-dumping duties and the corresponding import value-added tax will be refunded by the Customs, and the short-levied duties will not be levied.

Retrospective collection of anti-dumping duties will not be carried out for certain imports of high-performance stainless steel seamless tubes originated in the EU and Japan that were imported before the announcement of the decision to implement provisional anti-dumping measures.

V. Period of Levying Anti-dumping Duties

The implementation period of levying anti-dumping duties on imports of certain high-performance stainless steel seamless tubes originated in the EU and Japan shall be five years starting from November 9, 2012.

VI. New Exporter Review

Any new exporter in the EU and Japan that do not export the Products under Investigation to the People's Republic of China during the investigation period, if qualified, may apply in writing to the Investigating Authority for a new exporter review according to provisions of Article 47 of the Anti-dumping Regulations.

VII. Interim Review

During the period of levying anti-dumping duties, relevant interested parties may apply in writing to the Investigating Authority for an interim review in light of provisions of Article 49 of the Anti-dumping Regulations.

VIII. Administrative Reconsideration and Administrative Litigation

Any person who refuses to accept the final ruling of this case and the decision to levy anti-dumping duties may, according to provisions of Article 53 of the Anti-dumping Regulations, apply for an administrative reconsideration or initiate a litigation to the people's court according to law.

IX This Announcement shall come into force as of November 9, 2012.

Annex: MOFCOM Final Ruling on the Anti-dumping Investigation into Certain Imports of High-performance Stainless Steel Seamless Tubes Originated in the EU and Japan


Ministry of Commerce of the People's Republic of China
November 8, 2012