MOFCOM Announcement No. 16, 2013 on Toluene Diisocyanate (TDI) Antidumping Duties

On March 23, 2012, the MOFCOM decided, in its Announcement No. 14 of 2012, to start an antidumping investigation into the toluene diisocyanate (TDI) from the European Union (EU) countries under China HS Code of 29291010.

On November 13, 2012, the MOFCOM made its preliminary ruling that the EU-made TDI are dumped into China and thus caused a material injury to China domestic industry.

Based on the termination of the investigation, the MOFCOM hereby announces its final ruling outcome for this case as below:

1. Final Ruling

For the investigatory period concerned, the TDI from the EU assumed dumping in China; China's domestic TDI industry suffered a material injury; and a cause-and-effect relationship exists between the dumping and the material injury herein.

2. Antidumping Duties

Based on the MOFCOM proposal, the Customs Tariff Commission of China has decided to levy, as of March 13, 2013, antidumping duties on the toluene diisocyanate (model of TDI80/20) originating from the EU.

Investigatory scope: Toluene Diisocyanate, TDI for short, model of TDI80/20, originating from the EU;

Molecular formula: C9H6N2O

China HS Code: 29291010, only for TDI80/20 thereunder;

Antidumping Duty Rates on EU companies below:

Bayer Material Science AG - 19.2%

BorsodchemZrt. - 6.6%

ZakladyChemiczneZACHEMS.A. - 37.7%

Perstorp France - 37.7％

Dow Chemical Tarragona - 37.7％

All Others - 37.7％

3. Levy Method

The TDI80/20 importer shall pay the antidumping duties to China Customs authorities in an ad valorem way based on the duty-paid value determined by the customs; the calculation formula as follows:

Antidumping duty amount = customs duty-paid value × antidumping duty rate

The import value-added tax shall be levied ad valorem by customs duty-paid value plus import duties and antidumping duties.

4. Retroactive Levy

From November 13, 2012 till March 12, 2013, the cash deposit surrendered by the TDI80/20 importer as per the MOFCOM preliminary ruling shall be converted to the antidumping duties at the antidumping rates stipulated by the final ruling, and the import VAT also shall be levied at corresponding VAT rates.

As regards excess of the deposit over the antidumping duties and the import VAT, the customs shall return it to the importer; any shortage of the deposit shall not be levied any more.

The antidumping duties shall not be retroactive toward the EU TDI80/20 imported before the announcement of starting provisional antidumping measures thereof.

5. Antidumping Duty Duration

The antidumping duties on the EU TDI80/20 shall be valid for five years as from March 13, 2013.

6. New Exporter Review

Where a TDI80/20 exporter based in the EU has no such export to China for the investigatory period, the exporter may apply in writing to the MOFCOM for reviewing its status as a new exporter.

7. Interim Review

During the course of the antidumping levy, any interested parties may apply in writing to the MOFCOM for an interim review.

8. Administrative Review and Litigation

Where having objection to the final ruling outcome, the interested parties may apply to the MOFCOM for administrative review or may institute litigation with China courts of justice.

9. This Announcement shall enter into force on March 13, 2013.


The Ministry of Commerce of the P. R. China (MOFCOM)
March 12, 2013