GACC Announcement 57, 2011 for Anti-Subsidy on EU Potato Starch

As per the Anti-Subsidy Regulations of the P. R. China, the Customs Tariff Commission of the State Council has decided to levy anti-subsidy duties for five (5) years from September 17, 2011 on importing potato starch originating in the European Union (EU); and the Ministry of Commerce (MOFCOM) has also correspondingly issued its Announcement No. 54 of 2011 (see Annex 1 herein).

Relevant matters are hereby announced:

1. As of September 17, 2011, China Customs shall levy the anti-subsidy duties and relevant import value-added tax (VAT) in addition to import tariffs, VAT and anti-dumping duties prescribed in the GACC Announcement No. 23 of 2011 upon importing potato starch (HS Code: 11081300) originating in the EU by differentiation among suppliers, as per duty rates provided in Annex 2 herein and the formulas listed below:

Anti-Subsidy Duty Amount = Duty-Paid Value × Anti-Subsidy Duty Rate

Import VAT Amount = (Duty-Paid Value + Tariff Amount + Anti-Subsidy Duty Amount) × VAT Rate

The Annex 1 herein provides detailed descriptions for the goods subject to the anti-subsidy duties.

2. Any relevant importers shall, upon their import declarations, submit to China Customs proper Certificates of Origin and invoices of original manufacturers with respect to origin in the EU.

Where the Certificate of Origin is NOT available and the origin is NOT definite after examination thereof, China Customs may levy the anti-subsidy duties by employing the highest anti-subsidy rates listed in the Annex 2 herein.

Where the origin is identified to be the EU, but the invoices of original manufacturers are NOT available, NOR the original manufacturers can be identified through other legal and valid documents, China Customs may levy the anti-subsidy duties by employing the anti-subsidy rates applied to other EU companies, which are also listed in the Annex 2 herein.

3. As regards bonded imports of EU-made potato starch by processing trade, China Customs may levy the anti-subsidy duties by referring to anti-dumping regulations in the GACC's Announcement No. 9 of 2001 and the GACC's Decree No. 111.

4. As regards any paid cash deposit for such anti-subsidy duties after the implementation of provisional anti-subsidy measures (described in the GACC Announcement No. 32 of 2011), China Customs may levy and convert to anti-subsidy duties as per the anti-subsidy rates and the goods scope herein;

Any paid cash deposit for import VAT may be correspondingly converted to the import VAT.

Where such paid cash deposits exceed the corresponding anti-subsidy duties and import VAT calculated with the rates herein, relevant importers may apply to competent customs authorities for refund of any excess therein within six (6) months as from September 17, 2011;

Where such paid cash deposits fall short thereof, the customs may NOT levy the shortage.

Annexes:

1. Announcement No. 54, 2011 of the Ministry of Commerce of China (omitted)

2. Table of Anti-Subsidy Duty Rates on Potato Starch (omitted)


September 14, 2011