Imposition of Anti-dumping Duty on the Benzofuranol Imported from and Originally

　　
3. US FMC and Japanese Pesticide Co., Ltd. have separately entered into the Agreement on Price Undertaking with the Ministry of Commerce of the People’s Republic of China, whereby Chinese Customs will not levy anti-dumping duty on the Benzofuranol imported from and originally produced in aforesaid corporations pending the enforcement of the agreement. The " Certificate for Export to China" issued by aforesaid corporations pursuant to the provisions of the agreement shall be submitted to Chinese Customs for declaration of import of Benzofuranol produced by the aforesaid corporations. Anti-dumping duty shall be levied according to the provisions outlined herein in the event that the " Certificate for Export to China" is not submitted to Chinese Customs, or the declared price is lower than the reference price provided in the Agreement on Price Undertaking, or the aforesaid corporations violate the agreement, or otherwise other circumstances result in the termination of the agreement.
　　
4. 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 Benzofuranol imported from and originally produced in Japan, EU and the US.
　　
5. The anti-dumping deposit defrayed for the Benzofuranol imported from and originally produced in Japan, EU and the US 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 rate of anti-dumping 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 listed in Attachment 2 hereto and the corresponding part of the import value-added tax may be applied for to local Customs within 6 months and the insufficient part will not be re-levied.
　　
6. The Customs will mete out penalties pursuant to relevant provisions in case of false declaration origin of imported Benzofuranol or falsification of certificates of origin, invoices of the original producers or the " Certificate for Export to China" for purpose of tax evasion.
　　
7. 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 imported Benzofuranol, 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. 7 (2006) of the Ministry of Commerce of the People’s Republic of China
2. Table of Anti-dumping Duty Rate on Benzofuranol

February 10, 2006