MOFCOM Announcement No.34, 2014 Final Ruling on Alloy-Steel Seamless Tubes from EU, Japan & USA

On May 10, 2013, China Ministry of Commerce (MOFCOM) issued its annual announcement no.24 to start an antidumping investigation into Certain Alloy-Steel Seamless Tubes and Pipes for High Temperature and Pressure Service from the EU, USA and Japan, which are under Chinese HS Codes 73045110, 73045190, 73045910 and 73045990.

On December 13, 2013, the MOFCOM preliminarily ruled that the investigated products were dumped to China, and relevant Chinese industry was materially injured, and that there is a cause-and-effect relationship between the dumping and the material injury.

Now, the MOFCOM hereby makes its final ruling (see the Annex) with relevant matters provided below:

1. Termination of the investigation on the Japan-made products
Whereas the import quantity from Japan accounted for less than 3% of the total import, which is recognized by the MOFCOM as negligible, the investigation may be terminated on such products from Japan without antidumping measure to be taken.

2. Final Ruling on the Products from EU & USA

During the investigated period, such products from the EU and USA were dumped to China with an effect of material injury to relevant Chinese industry.

3. Levy of Antidumping Duties

As from May 10, 2014, the antidumping duties shall be levied on the Alloy-Steel Seamless Tubes and Pipes for High Temperature and Pressure Service originating in the EU and USA.

The Investigated Products: Certain Alloy-Steel Seamless Tubes and Pipes for High Temperature and Pressure Service originating in the EU and the USA

Governing Chinese HS Codes: 73045110, 73045190, 73045910 and 73045990.

Antidumping Duty Rates on the Companies Involved:

(1) EU Companies:
Vallourec Deutschland GmbH - 13.0%;
VALLOUREC TUBES FRANCE -13.0%;
IBF S.P.A. - 13.2%;
All Others - 13.2%

(2) USA Companies:
Wyman-Gordon Forgings, Inc. - 14.1%;
All Others - 14.1%

4. Levy Method

The antidumping duties shall be calculated ad valorem on customs-set duty-paid value in the formula: Antidumping Duty Amount = duty-paid value × antidumping duty rate.
Import VAT shall also be levied on the duty-paid value plus import duty and the antidumping duty.

5. Retroactive Levy

From January 10, 2014 till this Announcing date, any relevant deposits that the importers delivered to China Customs shall be converted into the antidumping duties as per the antidumping duty rates herein, with the import VAT to be levied as per VAT rate. Any excess of the deposits over the antidumping duties and import VAT shall be returned to the importers; any shortage thereof shall not be levied any more.
Such imports prior to January 9, 2014 shall be exempted from the antidumping duties.

6. Levy Period
The antidumping duties herein shall be valid for five years as from May 10, 2014.

7. New Exporter Review
Any new exporter involved, if eligible, may apply in writing to the MOFCOM for conducting a review for them.

8. Interim Review
During the levy period, the interested parties may apply in writing to the MOFCOM for conducting an interim review.

9. Administrative Review & Litigation
The interested parties objecting to the rulings herein may apply in writing to the MOFCOM for conducting an administrative review or lodge litigation with Chinese court of law.

10. This Announcement shall enter into force on May 10, 2014.

Annex: MOFCOM Final Antidumping Ruling on the Alloy-Steel Seamless Tubes from EU, Japan & USA (omitted)


The Ministry of Commerce of China (MOFCOM)

May 9, 2014