Announcement No. 49 of 2011 of the Ministry of Commerce of the People's Republic of China on Midterm Review Ruling of Anti-dumping Measures on Sulfamethoxazole

Issued by: Ministry of Commerce of the People's Republic of China
Notice No. 49, 2011
Dated: August 17, 2011

The Ministry of Commerce, on June 15, 2007, released its Announcement No. 48 of 2007, deciding to levy anti-dumping duties on imported Sulfamethoxazole originated from India.

On June 24, 2011, Shouguang Fukang Pharmaceutical Co.,Ltd. submitted a petition to the Ministry of Commerce of the People's Republic of China for mid-term review on the dumping and dumping margin of Sulfamethoxazole imported from India. The petition stated that since the final ruling, the dumping margin of such imports has increased and exceeded the anti-dumping duty rates provided for in the final ruling, and that the companies therefore requested a recalculation of the dumping margin of the said Indian companies and adjustment of the anti-dumping duties accordingly.

After receiving the petition, the Ministry of Commerce informed the Indian Embassy in China, and sent the non-confidential text files of the petition for the midterm review and non-confidential summary of the confidential information to them. The Ministry of Commerce did not receive comments from exporters, producers or any interested party within the evidence submission period.

According to Article 49 of the Regulations on Anti-dumping of the People's Republic of China and the Provisional Rules on Midterm Review of Dumping and Dumping Margin of the Ministry of Commerce, the Ministry of Commerce may, after an anti-dumping duty has taken effect, and provided that a reasonable period of time has elapsed, upon request by any interested party and on the basis of examination of the relevant evidence submitted by the interested party, conduct midterm review on dumping and dumping margin of the producers and exporters.

The Ministry of Commerce has reviewed, in accordance with the said regulations, qualification of petitioner, information of the products applied for investigation, export price and the normal value of the countries (regions) applied for investigation. After the review, MOFCOM found that the petition submitted by Shouguang Fukang Pharmaceutical Co.,Ltd. provided preliminary evidences of increased dumping margins, and was in line with Article 49 of the Anti-Dumping Regulation of the People's Republic of China and the Provisional Rules on Midterm Review of Dumping and Dumping Margin. The Ministry of Commerce decided to conduct mid-term dumping and dumping margin review of the anti-dumping measures imposed on Sulfamethoxazole originated from India.

The review decision is as follows:

I. The scope of the products：

The scope of the product is Sulfamethoxazole originated from India.

The name of the investigated products is Sulfamethoxazole originated from India.

The tariff line of the investigated products is 29350030 according to the Customs Import and Export Tariff of the People's Republic of China.

Ⅱ. The period of review investigation and the scope of the products under review investigation

1. The period of review investigation:
The period of anti-dumping investigation was from January 1 to December 31 of 2010.

2. The scope of the products under review investigation:
The scope of the products under review investigation is the anti-dumping tax rate of Sulfamethoxazole imports originated from India.

III. Process of the review

1. Registered case responding

The interested party for responding to the investigation shall, within 20 days after the promulgation of this announcement, register for responding to the anti-dumping investigation with the Ministry of Commerce, and shall supply to the Ministry of Commerce with the volume and value of the investigated products exported to China between June 1 of 2010 and May 31 of 2011.

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.

3. Comments of the interested parties

Any interested party may submit written opinions with related evidence to the Ministry of Commerce within 20 days as from the promulgation of this announcement

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 within 37 days after the questionnaire is distributed.

5. Hearing

Any interested party may submit, in accordance with the regulations of the Provisional Rules on Hearing in Anti-dumping Investigation, 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.

IV. 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 Ministry of Commerce 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 Ministry of Commerce can make a ruling according to collected facts and best information available.

V. Contacts:
Bureau of Fair Trade for Imports and Exports, Ministry of Commerce:
Add: No 2 of Dong Chang'an Avenue
Code: 100731
Contact Persons: Chen Rui, Guo Ce
Tel: (8610)65198197; 65197655
Fax: (8610)85093409