MOFCOM Announcement 45, 2011 for AD Ruling on Import Photo Paper

As per the Anti-Dumping Regulations of the P. R. China, the Ministry of Commerce (MOFCOM) herein decided through its Announcement No. 93 of 2010 to conduct anti-dumping investigations into import photographic paper products originating in the EU, the U.S. and Japan (hereinafter referred to as the investigated goods), which are under China's HS Codes of 37031010, 37032010, and 37039010.

The MOFCOM has finished the investigations on the investigated goods in terms of whether their dumping have shaped and the dumping margins, whether they have injured China's industry of photographic paper and the extent of injury, and the causal relationship between the dumping and the injury.

As per its investigation results and the Article 24 of the Anti-Dumping Regulations, the MOFCOM has worked out a Preliminary Ruling (see the Annex), with relevant matters as follows:

Ⅰ Preliminary Ruling

The MOFCOM preliminarily rules that, during the period of investigation, the investigated goods took on dumping operations, material injury to China's domestic industry of photographic paper, and causal relationship between their dumping and the material injury.

Ⅱ Levy of Cash Deposit

As per the Articles 28 and 29 of the Anti-Dumping Regulations, the MOFCOM decides to carry out provisional anti-dumping measures by the levy of relevant cash deposits.

As from August 10, 2011, when importing the investigated goods, any importer shall surrender to China Customs certain cash deposit based upon the dumping margin of each company set forth below herein.

Description of the Investigated Goods:

Scope of the Investigation:
Photographic paper products originating in the EU, the U.S. and Japan.

Name of the Investigated Goods:
Photographic Paper and Paper Board, (shortly called "Photographic Paper"), which are unexposed.

Specific Description:
Unexposed, multi-color or black-and-white photographic paper and paperboard, based on paper, coated by multilayer photographic emulsion, and imaging after photographic development with irradiation and/or chemicals, regardless of being macro-axis or slit or being upon pulp-fiber or plastic-coated paper.

Major Usage:
Mainly used for film development and photo enlargement, art, advertising, credential photo management, criminal investigation, aerospace, national defense, and so on.

Such products are classified under China's HS Codes 37031010, 37032010 and 37039010 in the Customs Import & Export Tariff of the P. R. China.

Cash Deposit Ratios on different companies as follows:

1. EU Companies:

(1) Kodak Limited (U.K.) - 26.8％

(2) FUJIFILM Manufacturing Europe B.V. - 17.6％

(3) All Others - 26.8％

2. U.S. Companies:

(1) FUJIFILM Manufacturing U.S.A., Inc. - 18.2％

(2) All Others - 28.8％

3. Japanese Companies: 28.8％

Ⅲ Method of Levying Cash Deposit

As from August 10, 2011, when importing the investigated goods, any importer shall surrender to China Customs certain cash deposit based upon the dumping margin of each company set forth below herein.

The cash deposit shall be levied ad valorem as per China-Customs-identified duty-paid value with the formula below:

Amount of Cash Deposit = (customs-identified duty-paid value × cash-deposit ratio) × (1 + import value-added-tax rate)

Ⅳ Comment

Any stakeholder may, within 20 days from the release date of this Announcement, submit any written comment attached with relevant evidence to the MOFCOM for its consideration.

Annex:
MOFCOM Preliminary Ruling on the Anti-Dumping on Photographic Paper Products from the EU, the U.S. and Japan (omitted)