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Pursuant to the provisions of Anti-dumping Regulations of the People's Republic of China, Customs Tariff Commission of the State Council has decided to levy anti-dumping duty on the Nonyl Phenol imported from and originally produced in India and Taiwan for a period of 5 years commencing from March 29, 2007. For this purpose, Ministry of Commerce has issued Announcement No. 11 (2007) (see Attachment 1 for details). Matters in relation to the enforcement of the anti-dumping measures are hereby announced as follows:
1. The Customs will levy anti-dumping duty and import value-added tax on the Nonyl Phenol imported from and originally produced in India and Taiwan (Tariff Serial No. 29071310) pursuant to the applicable tax rate listed in Attachment 2 hereto and the following formula discriminately according to different Nonyl Phenol providers in addition to the import duty levied on the same in line with the existing provisions as of March 29, 2007.
Amount of anti-dumping duty= duty-paid value× anti-dumping duty rate
Amount of import value-added tax=(duty-paid value+ amount of Customs duty +amount of anti-dumping duty)×import value-added tax rate
See Attachment 1 hereto for detailed description of the products subject to anti-dumping duty.
2. Certificate of origin shall be submitted to the Customs for declaration of import of Nonyl Phenol and invoices of original producers shall also be provided if the original producers of Nonyl Phenol are based in India or Taiwan. In the event that the certificate of origin cannot be provided for declaration of import of Nonyl Phenol and furthermore the Nonyl Phenol cannot be determined as not originally produced in India or Taiwan through inspection, the Customs will levy anti-dumping duty on the Nonyl Phenol according to the highest rate of anti-dumping duty listed in Attachment 2 hereto; In case the Nonyl Phenol can be determined as originally produced in Japan but the import unit cannot provide the invoices of the original producers and furthermore the original producers of the Nonyl Phenol cannot be determined through other legitimate and effective vouchers, the Customs will levy anti-dumping duty on the Nonyl Phenol according to the rate of anti-dumping duty applicable to "other Indian corporations" or "other Taiwan corporations" as set out in Attachment 2 hereto.
3. Announcement No. 9 (2001) and Decree No. 111 of General Administration of Customs shall apply to the issues related to the imposition of anti-dumping duty on the bonded Nonyl Phenol subject to processing trade which is imported from and originally produced in India or Taiwan.
4. The anti-dumping deposit defrayed for the Nonyl Phenol imported from and originally produced in India or Taiwan following the enforcement of provisional anti-dumping measures shall be levied and transformed into anti-dumping duty according to the scope of products subject to anti-dumping duty and anti-dumping rate as provided herein and the deposit for import value-added tax defrayed accordingly shall be transformed into import value-added tax. Refunding of the part of aforesaid deposit exceeding the anti-dumping duty calculated according to the tax rate as provided herein and the corresponding part of the import value-added tax may be applied for to local Customs within 6 months after March 29, 2007 and the insufficient part will not be re-levied.
The name of India Schenectady Herdillia Limited will be changed to SI GROUP-INDIA LIMITED as of September 13, 2006 and the Ministry of Commerce has accepted the corporation's application for alteration of its name. The anti-dumping deposit defrayed for the Nonyl Phenol imported from and originally produced in India Schenectady Herdillia Limited or SI GROUP-INDIA LIMITED following the enforcement of provisional anti-dumping measures shall be levied and transformed into anti-dumping duty according to the anti-dumping duty rate applicable to India SI GROUP-INDIA LIMITED listed in Attachment 2 hereto and the deposit for import value-added tax defrayed accordingly shall be transformed into import value-added tax. Relevant units may apply for refunding of the part of aforesaid deposit exceeding the anti-dumping duty and the corresponding part of the import value-added tax.
In the event that the Customs cannot determine whether anti-dumping duty shall be levied on the same or similar merchandises during the period of levying anti-dumping duty on the Nonyl Phenol imported from and originally produced in India or Taiwan, the relevant import units shall submit applications to the Ministry of Commerce which will be ruled by relevant departments of the Ministry. The Customs shall enforce the rulings of the Ministry of Commerce.
March 28, 2007
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