Announcement No. 15 of 2012 of the Ministry of Commerce of the People's Republic of China on Final Review of Anti-dumping Measures Against Electrolytic Capacitor Paper from Japan

Issued by: Ministry of Commerce of the People's Republic of China
Announcement No. 15, 2012
Date of Issuance: April 18, 2012

The Ministry of Commerce of China (MOFCOM) released Announcement No. 11 of 2007 on April 17, 2007 on its decision to levy anti-dumping duties against imports of electrolytic capacitor paper from Japan from April 18, 2007 for 5 years.

MOFCOM released Announcement No. 64 of 2011 on October 18, 2011, ruling that the above-mentioned anti-dumping measures would be terminated on April 18, 2012. According to the Regulations of the Anti-dumping Measures 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 period for the levy of anti-dumping duties may be reasonably extended, and that domestic industry or natural person, legal person or relevant organizations that represent domestic industry could submit written petition for final review to MOFCOM 60 days prior to the termination date.

MOFCOM received on February 10, 2012 the petition for final review investigation of anti-dumping measures formally presented by Zhejiang Kan Specialties Material Co., Ltd. on behalf of the domestic electrolytic capacitor paper industry. According to the petition, termination of the anti-dumping measures against imports of electrolytic capacitor paper from Japan may result in the continuation of the dumping in China, and may result in the recurrence of injury to the domestic electrolytic capacitor paper industry. It thus proposed to MOFCOM to extend the anti-dumping measures on imports of electrolytic capacitor paper originated from Japan.

In accordance with the Regulations on Anti-dumping of the People's Republic of China, MOFCOM reviewed the qualifications of the petitioner, the investigated products, like products in China, import volume of the investigated products during the implementation of the anti-dumping measures, the possibility of the continuation as well as the recurrence of the dumping and injury. Evidence provided by the petitioner suggests that the aggregate electrolytic capacitor paper output of the petitioner took up more than 50% of the total output of like products in the China in 2011, which accords with the provisions on industry and industry representation 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 prima facie evidence submitted by the petitioner were in compliance with the requirements for filing for the final review.

According to Article 48 of the Regulations on Anti-dumping of the People's Republic of China, MOFCOM decided to institute a final review investigation into anti-dumping measures imposed on imports of electrolytic capacitor paper from Japan from April 18, 2012, and hereby announces the following:

I. Extension of the anti-dumping measures

According to the proposal of MOFCOM, the Customs Tariff Commission of the State Council decided to continue to levy anti-dumping duties on imported electrolytic capacitor paper originated in Japan in accordance with the anti-dumping tax scope and tax rate released in Announcement No. 30 of 2007 of MOFCOM.

II. Period of review investigation

Concerning the review, the period of anti-dumping investigation was from January 1 to December 31, 2011, and the period of injury investigation was from January 1, 2007 to December 31, 2011.

III. Scope of the products under review investigation

The scope of the products under investigation coincides with that subject to the anti-dumping measures announced in MOFCOM's Announcement No. 30 of 2007. The tariff line of the investigated products is 48059110 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 against imports of electrolytic capacitor paper from Japan.

V. Process of the review

1. Registration for responding

The interested party for responding to the anti-dumping investigation shall, within 20 days after the promulgation of this announcement, register with MOFCOM Bureau of Fair Trade for Imports and Exports, 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. The Reference Format for Responding to Anti-dumping Investigation can be downloaded from the Public Notice section at http://gpj.mofcom.gov.cn.

The interested party for responding to the industry injury investigation shall, within 20 days after the promulgation of this announcement, register with MOFCOM Bureau of Industry Injury Investigation, and shall supply to MOFCOM production capacity, output, inventory, plans for expansion and construction. The Registration Form for Industry Injury Investigation Responding can be downloaded at www.cacs.gov.cn.

2. Failure to register for responding

If any interested party fails to register for responding to the investigation within the time limit, MOFCOM shall have the right to reject relevant materials submitted by the party, and make a decision based on available existing materials.

3. Rights of the interested parties

If any interested party has objections regarding the scope of this investigated product, qualifications of the applicants, investigated country and other related issues, they can submit written comments to MOFCOM within 20 days as from the promulgation of this announcement.

Any interested party has access to the non-confidential text of the application submitted by the applicants in the anti-dumping public information search room of MOFCOM.

4. Questionnaire

In order to obtain information for the investigation, MOFCOM will distribute questionnaires to related interested parties. 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 provisions of the Provisional Rules on Hearing in Anti-dumping Investigation and the Rules on Hearing of Industry Injury Investigation of MOFCOM, a written petition to hold a hearing, and MOFCOM, as it deems necessary, may also take the initiative to hold a hearing.

6. On-site verification

MOFCOM will, as it deems necessary, send staff on domestic and overseas trips for on-site verification. All materials submitted by any interested party should contain a statement about agreeing to receive verification, and MOFCOM will inform relevant countries, regions and enterprises in advance.

7. Investigation period

The investigation started on April 18, 2012, and will normally conclude by April 18, 2013.

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 authority conducts an investigation. If any interested party fails to provide true information, fails to provide necessary information within a reasonable time period, 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: Wang Jun, Li Guogang

Tel: (8610) 65198746, 65198747

Fax: (8610)65198164

Bureau of Industry Injury Investigation,

Ministry of Commerce:

Add: No 2 of Dong Chang'an Avenue

Code: 100731

Contact Persons: Sun Yu Wu Feng,

Tel: (8610) 65198073, 65198069

Fax: (8610)65197579


Ministry of Commerce of the People's Republic of China

April 18, 2012