Announcement No.34, 2011 of the Ministry of Commerce of P.R.C

The Ministry of Commerce of P.R.C released Announcement No. 44 on June 28 of 2006, deciding to levy anti-dumping duties on epichlorohydrin (ECH) imports from Russia, ROK, Japan and the US for 5 years as of June 28, 2006.

The Ministry of Commerce released its Announcement No. 97 of 2010 on December 28, 2010, stating that according to the Regulations on Anti-dumping of the People's Republic of China, if a review determines that the termination of the anti-dumping duties may result in the continuation or recurrence of the dumping and injury, the time limit for the levy of anti-dumping duties may be reasonably extended, and that domestic ECH industry could submit written petition for review to the Ministry of Commerce 60 days prior to the termination date.

On April 13, 2011, the Ministry of Commerce received the petition for the final review of anti-dumping measures submitted by Shandong Haili Chemical Industry Co., Ltd. on behalf of domestic industry. According to the petition, termination of the anti-dumping duties on ECH imports from Russia, ROK, Japan and the US may result in the continuation or recurrence of the dumping, as well as injury to China's ECH industry. It thus proposed to the Ministry of Commerce to extend the anti-dumping measures on ECH imports originated from the said countries.

The Ministry of Commerce has reviewed, in accordance with the Regulations on Anti-dumping of the People's Republic of China, qualification of petitioner, the investigated products and like products in domestic market, import volume of the investigated products during the implementation of the anti-dumping measures, the possibility of the continuation of the dumping as well as the recurrence of injury. Full evidence was provided by the petitioners that China Petroleum & Chemical Corporation (Qilu Branch), Tianjin Bohai Chemical Co., Ltd, and Jiangsu Yangnong Chemical Group. The three companies yielded more than 50% of domestic output of ECH in 2009 and 2010, which was in line with the regulations on industry and the representativeness of industries prescribed in Article 11, Article 13 and Article 17 of the Regulations on Anti-dumping of the People's Republic of China. Therefore, the petitioner is eligible to submit a petition on behalf of domestic industry. The investigating authority considered that the claim and the evidence submitted by the petitioner were in compliance with the requirements for the final review investigation.

According to Article 48 of the Regulations on Anti-dumping of the People's Republic of China, the Ministry of Commerce decided to make final review investigation on anti-dumping measures imposed on ECH imports from the said countries as from June 28, 2011, and announces the following:

I. Extend the anti-dumping measures

According to the proposal of the Ministry of Commerce, the Customs Tariff Commission of the State Council made a decision to continue to levy anti-dumping duties on imported ECH originated from Russia, ROK, Japan and the US in accordance with the anti-dumping tax scope and tax rate as released in Announcement No. 44 of 2006 of the Ministry of Commerce.

II. The period of review investigation

The period of anti-dumping investigation was from January 1 to December 31 of 2010, and the period of injury investigation was from January 1 of 2006 to December 31 of 2010.

III. The scope of the products under review investigation

The scope of the products under investigation is the same with that under the anti-dumping measures announced in Announcement No. 44 of 2006. Its Tariff No. is 29103000 according to the Customs Import and Export Tariff of the People's Republic of China.

IV. Content of the review investigation

Content of the review investigation is the possibility of the continuation or recurrence of the dumping and injury caused by the termination of anti-dumping measures on ECH imports from the above-mentioned countries.

V. Process of the review

1. Registered case responding

Any interested party may apply for responding to the anti-dumping investigation with the Bureau of Fair Trade for Imports and Exports of the Ministry of Commerce within 20 days after the promulgation of this announcement, and the exporter or producer from the said countries shall supply with the volume and value of the investigated products exported to China during the period of investigation.

Any interested parties may apply for responding to the industry injury investigation with Bureau of Industry Injury Investigation of the Ministry of Commerce within 20 days after the promulgation of this announcement, supplying with materials about production capacity, production volume, storage, and plans of expansion.

2. Non-registered case responding

If any interested party fails to register for responding to the investigation within the time limit, the Ministry of Commerce shall have the right to refuse relevant materials submitted by the party, and to make a ruling according to collected facts and best information available.

3. Rights of the interested parties

Any interested party may submit written opinions to Ministry of Commerce within 20 days as from the promulgation of this announcement if having different opinions about scope of the investigated products, qualification of the petitioner and other related issues.

Any interested party may look into the non-confidential text files including the petition submitted by the petitioner in the Public Information Room of the Ministry of Commerce.

4. Questionnaire

The Ministry of Commerce will, in order to obtain information for the investigation, distribute questionnaire to related interested parties, and the response should be submitted in accordance with the time and method stated in the questionnaire.

5. Hearing

Any interested party may submit, in accordance with the regulations of the Provisional Rules on Hearing in Anti-dumping Investigation and the Rules on Hearing of Industry Injury Investigation of the Ministry of Commerce, a written petition to hold a hearing, and the Ministry of Commerce, as it deems necessary, may also hold a hearing.

6. On-site verification

The Ministry of Commerce will, as it deems necessary, send staff abroad for on-site verification. All materials submitted by any interested party should contain declaration to agree to receive verification, and the Ministry of Commerce will inform relevant countries and enterprises in advance.

7. Investigation period

The investigation shall be carried out as from June 28 of 2011, and completed before June 28 of 2012.

VI. Non-cooperation

According to Article 21 of the Regulations of the People's Republic of China on Anti-dumping, any interested party shall truthfully provide relevant information and materials when the investigating authorities conducting an investigation. If any interested party fails to provide true information, or fails to provide necessary information within a reasonable time, or seriously obstructs investigation through other means, the investigating authority can make a ruling according to collected facts and best information available.

VII. Contacts

Bureau of Fair Trade for Imports and Exports, Ministry of Commerce

Add: No 2 of Dong Chang'an Avenue
Code: 100731
Contact Persons: Ma Xin, Huang Yanjun
Tel: (8610)85093407; 65198757
Fax: (8610)85093407

Bureau of Industry Injury Investigation, Ministry of Commerce

Add: No 2 of Dong Chang'an Avenue
Code: 100731
Contact Persons: Wu Feng, Sun Yu
Tel: (8610)65198069; 65198073
Fax: (8610)65197579