GACC Announcement 62, 2011 for AD Duties on EU & U.S. Caprolactam

In accordance with the Anti-Dumping (AD) Regulations of the P. R. China, the Customs Tariff Commission of the State Council of China has decided to levy anti-dumping duties as from October 22, 2011 on caprolactam originating in the EU and the U.S. for five (5) years; and the Ministry of Commerce of China (MOFCOM) has also issued its Announcement No. 68, 2011 for the same case (see the Annex 1 herein).

Relevant matters are hereby announced:

1. As from October 22, 2011, Anti-dumping duties and import value-added tax (VAT) shall be levied on caprolactam originating in the EU and in the U.S. (HS Code: 29337100) as per applicable rates specified in the Annex 2 herein and per the following formula by differentiating suppliers, in addition to import duties that are currently regulated:

(1) Anti-Dumping Duty Amount = Duty-Paid Value × Anti-Dumping Duty Rate

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

The Annex 1 herein provides descriptions of the anti-dumping-governed products.

2. Any caprolactam importers shall submit relevant Certificates of Origin to China Customs authorities.

As regards the origin in the EU or the U.S., the importers shall also submit invoices issued by original manufacturers.

Where relevant Certificates of Origin are not available, nor the origins can be identified by customs inspection, China Customs shall levy the anti-dumping duties as per the highest anti-dumping rates listed in the Annex 2 herein.

Where the origins are confirmed to be the EU or the U.S., but original manufacturers’ invoices are not available, nor the original manufacturers can be identified by other legal and valid documents, China Customs shall levy the anti-dumping duties as per the anti-dumping rates applied to other EU or U.S. companies, which are also listed in the Annex 2 herein.

3. As regards the anti-dumping measures upon bonded imports of such caprolactam through processing trade, the customs authorities shall act as per the regulations of the GACC Decree No. 111 and the GACC Announcement No. 9, 2001.

4. Any anti-dumping cash deposit, which is already paid for the imports after implementation of provisional anti-dumping duties (see the GACC Announcement No. 4, 2011), shall be calculated as per the commodity coverage and duty rates specified herein and be converted into the anti-dumping duties; and any cash deposit for import VAT shall meanwhile be converted into the import VAT.

Where such cash deposits exceed the anti-dumping duties and/or the import VAT calculated with the rates herein, relevant importers may apply for refund of the excess to relevant levying customs within six (6) months from October 22, 2011; and the short thereof, if any, shall not be levied any more.


Annexes:

1. Announcement No. 68, 2011 of the Ministry of Commerce of China (MOFCOM) (omitted)

2. Table of Anti-Dumping Duty Rates on Import Caprolactam (omitted)