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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 MEK imported from and originally produced in Japan, Taiwan and Singapore for a period of 5 years commencing from November 22, 2007. For this purpose, the Ministry of Commerce has promulgated Announcement No. 81 (2007) (see Attachment 1 hereto 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 MEK imported from and originally produced in Japan, Taiwan and Singapore (Tariff Serial No. 29141200) according to the applicable tax rate listed in Attachment 2 hereto and the following formula discriminately according to different MEK providers in addition to import duty levied on the same according to existing provisions as of November 22, 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. The import unit shall submit the certificate of origin to the Customs for declaration of import of MEK. If the origin of MEK is Japan, the invoices of original producers of MEK shall also be provided. In the event that the certificate of origin cannot be provided for declaration of import of MEK and furthermore the MEK cannot be determined as not originally produced in Japan, Taiwan or Singapore through inspection, the Customs will levy anti-dumping duty according to the highest rate of anti-dumping duty as set out in Attachment 2 hereto. In case MEK can be determined as originally produced in Japan but the import unit cannot provide the invoices of the original producers of MEK and furthermore the original producers of the MEK cannot be determined through other legitimate and effective vouchers, the Customs will levy anti-dumping duty according to the rate of anti-dumping duty applicable to “other Japanese corporations” as listed 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 bonded MEK subject to processing trade which is imported from and originally produced in Japan, Taiwan and Singapore.
4. The anti-dumping deposit defrayed for MEK imported from and originally produced in Japan, Taiwan and Singapore 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 the anti-dumping rate provided herein, and the deposit for import value-added tax defrayed accordingly shall be transformed into import value-added tax. Refunding of part of aforesaid deposit exceeding the anti-dumping duty calculated according to the tax rate provided herein and the corresponding part of the import value-added tax may be applied for to local Customs within 6 months after November 22, 2007 and the insufficient part will not be re-levied.
In the event that the Customs cannot determine whether anti-dumping duty shall be levied on the same or similar imported merchandises during the period of levying anti-dumping duty on the MEK imported from and originally produced in Japan, Taiwan and Singapore, 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.
Attachment: 1. Announcement No. 81 (2007) of the Ministry of Commerce of the People's Republic of China. 2. Table of Anti-dumping Duty Rate on MEK
November 21, 2007
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