Announcement of the General Administration of Customs of P. R. China, No. 63, 2010: On the Imposition of Anti-Dumping Duties on Nucleotide Food Additives Originating in & Imported from Indonesia, Thailand

In accordance with the provisions in the Regulations of the People's Republic of China on Anti-Dumping, the Customs Tariff Commission under the State Council of China decided to impose anti-dumping duties on imported Nucleotide Food Additives originating in Indonesia and Thailand as from September 24, 2010, keeping valid for 5 years. To this end, the Ministry of Commerce of P. R. China issued the Announcement No. 56, 2010 (please refer to Annex 1). Relevant matters are hereby announced as follows:

1. As from September 24, 2010, in addition to levying tariffs as per current rules, the Customs shall levy anti-dumping duty and import value-added tax (VAT) on imported Nucleotide Food Additives originating in Indonesia and Thailand (HS Codes: 29349990 and 38249099, excluding nucleic acid products that also belong to nucleotides like adenosine (5'-AMP), cytidylic acid (5'-CMP), uridylic acid (5'-UMP), and adenosine triphosphate (ATP)), by distinguishing various suppliers and according to the appropriate rates in Annex 2 and the computational formula below:

Anti-Dumping Duty Amount = Duty-Paid Value × Anti-Dumping Duty Rate
Import VAT Amount = (Duty-Paid Value + Tariff Amount + Anti-Dumping Duty Amount) × Import VAT Rate

Please refer to Annex 1 for the specific descriptions of the products subject to the anti-dumping measures. In the case that importers are applying for the import of foregoing products, commodity codes shall be filled with 29349990.01 or 38249099.05.

2. Any importer, when applying for the import of Nucleotide Food Additives, shall submit corresponding Certificates of Origin to the Customs. With the origin being Indonesia or Thailand, the importer shall also submit invoices drawn by the original manufacturers. In the case of being unable to receive Certificates of Origin and to determine non-Indonesia or non-Thailand origin after inspections, the Customs shall levy anti-dumping duties in accordance with the rate maximum listed in the Annex 2 of this Announcement. In the event that goods can be determined to originate from the Indonesia or Thailand, and however original manufacturers' invoices can not be presented by the importer, the Customs shall levy anti-dumping duties according to the rate maximum applicable to the anti-dumping case unless the original manufacturers can be determined through other legal and valid documents.

3. The issues concerning the anti-dumping duties on the bonded imported Nucleotide Food Additives originating in Indonesia and Thailand through processing trade shall be tackled in accordance with the anti-dumping stipulations in both the Decree of the General Administration of Customs of China, No. 111 and the Announcement of the General Administration of Customs of China, No. 9, 2001.

4. After the implementation of the provisional anti-dumping measures (please see the Announcement of the General Administration of Customs of China, No. 1, 2010), the paid-in anti-dumping security-deposits for the imported Nucleotide Food Additives originating in Indonesia and Thailand shall be collected and converted to anti-dumping duties in accordance with the commodity scope subject to anti-dumping duties and the applicable anti-dumping duty-rates stipulated in the Announcement. And the paid-in import VAT security-deposits shall be converted to import VAT as well.

Where the foregoing security-deposits exceed the anti-dumping duty or import VAT amounts as stipulated by the Announcement, the importers may apply to China Customs authorities at the place of collection for refund of the excess part within 6 months starting from September 24, 2010. There shall be no collection of any short part.

Annexes: 1. Announcement of the Ministry of Commerce of P. R. China (No. 56, 2010) (omitted)

2. Table of Anti-Dumping Duty Rates on Nucleotide Food Additives.doc