MOFCOM Announcement No. 21, 2012 on AD Ruling on Stainless-Steel Tubes from EU & Japan

Issued by: The Ministry of Commerce of the P. R. China (MOFCOM)
Issue No.: Announcement No. 21 of 2012
Issue Date: May 8, 2012


On September 8, 2011, according to China's Antidumping Regulations, the Ministry of Commerce (MOFCOM) announced launching an antidumping (AD) investigation on the high-performance stainless-steel seamless tubes from the EU and Japan, which are classified into Chinese HS Codes 73044110, 73044910, 73045110 and 73045910.

The MOFCOM, according to its investigatory results and Chinese Antidumping Regulations, hereby makes its preliminary ruling (see the annex) and clarifies relevant matters as follows:

1. Preliminary Ruling

The MOFCOM preliminarily rules that, during the period of investigation, those EU and Japanese products took on dumping acts so as to bring material injury to China's local industry concerned, and the causality is recognized between their dumping and their material injury.

2. Cash Deposit Levy

According to the Articles 28 and 29 of the Antidumping Regulations, the MOFCOM has decided to conduct a provisional antidumping measure in the form of cash deposit.

From May 9, 2012, the importers shall deliver appropriate cash deposits to China Customs in accordance with the dumping margins of companies involved in the preliminary ruling.

Those products subject to cash deposit are covered by Chinese HS Codes 73044110 and 73044910 and described as:

Investigated Scope: import high-performance stainless steel seamless tubes originating in the EU and Japan;

Investigated Products: Certain High-Performance Stainless Steel Seamless Tubes;

Product Feature: High-Performance Stainless Steel Seamless Tubes with carbon (C) content no less than 0.04%, chrome (Cr) content more than 16%, nickel (Ni) content more than 7%, niobium (Nb) content no less than 0.2%, tensile strength no less than 550Mpa and yield strength more than 200Mpa.

Product Usage: mainly used for superheaters and reheaters of supercritical, ultrasupercritical power station boilers.

Cash deposit rates on companies involved:

(1) Japanese companies
SUMITOMO METAL INDUSTRIES, LTD.: 15.8%;
KOBE SPECIAL TUBE CO., LTD.: 14.5%;
Others: 39.2%

(2) EU companies
TUBACEX TUBOS INOXIDABLES, S.A.: 9.7%;
Salzgitter Mannesmann Stainless Tubes Italia s.r.l.: 17.5%;
Others: 37.5%

3. Cash Deposit Levying Method

The cash deposit shall be levied ad valorem with customs-fixed duty-paid value by using the formula: cash deposit amount = (customs duty-paid value×cash deposit rate)×(1 + import VAT rate)

4. Comments

Any interested party may raise written comments accompanied by relevant evidence to the MOFCOM within 20 days from the issue date of this Announcement.


Annex: MOFCOM Preliminary Antidumping Ruling on High-Performance Stainless Steel Seamless Tubes from the EU & Japan (omitted)


The Ministry of Commerce of the P. R. China

May 8, 2012