MOFCOM Announcement No. 4 of 2013 on Decision of Levying Anti-dumping Duties against Imports of Potato Starch Originated in the EU
[2013-02-17 10:00:16]
On February 5, 2007, the Ministry of Commerce of the People's Republic of China released Announcement No. 8 of the year, deciding to levy anti-dumping duties against imports of potato starch originated in the EU for five years starting from February 6, 2007.
On April 18, 2011, the Ministry of Commerce released Announcement No. 16 of the year on ruling of interim review against anti-dumping, deciding to adjust the rate of anti-dumping duties applicable for imports of potato starch originated in the EU, effective from April 19, 2011.
On February 3, 2012, the Ministry of Commerce released Announcement No. 2 of the year, deciding to carry out final review investigation against the anti-dumping measures applicable for imports of potato starch originated in the EU.
The products reviewed were products applicable for the anti-dumping measures, and the scope of the products reviewed was consistent with that mentioned in MOFCOM Announcement No.8, 2007. The products were listed under H.S. code 11081300 in the Customs Import and Export Tariff of the People's Republic of China.
The Ministry of Commerce investigated the possibilities of continuous existence or re-occurrence of dumping and damage in case of termination of the original anti-dumping measures and proposed suggestions on maintaining the original anti-dumping measures to the Customs Tariff Commission of the State Council according to the investigation results.
In accordance with the provisions of Article 50 of the Regulations of the People's Republic of China on Anti-dumping and the decisions of the Customs Tariff Commission of the State Council, relevant matters are hereby announced as follows:
I. Ruling
The Ministry of Commerce made the ruling that, anti-dumping of imports of potato starch originated in the EU to China might continue to exist and the damage of imports of potato starch originated in the EU to China's domestic industry might reoccur in case of the termination of anti-dumping measures.
II. Anti-dumping Measures
The anti-dumping duties will be levied, according to the scope of commodities taxable and the rate of anti-dumping duties announced in MOFCOM Announcement No. 8, 2007 and MOFCOM Announcement No. 16, 2011 for five years starting from February 6, 2013.
III. Methods of Levying Anti-dumping Duties
As of February 6, 2013, importers shall pay relevant anti-dumping duties to China Customs when importing potato starch originated in the EU. The anti-dumping duties shall be levied by means of ad valorem on the basis of dutiable value authorized by the Customs, and the formula is: Anti-dumping duties = dutiable value authorized by the 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 the Customs plus the tariff and anti-dumping duties as the taxable value.
IV. Administrative Reconsideration and Administrative Litigation
Any person who refuses to accept the decision of the review may, according to provisions of Article 53 of the Regulations of the People's Republic of China on Anti-dumping, apply for an administrative reconsideration or initiate a litigation to the people's court according to law.
V. This Announcement shall be implemented as of February 6, 2013.
Ministry of Commerce of the People's Republic of China
February 5, 2013
Source: MOFCOM
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