MOFCOM Announcement No. 43, 2012 for AD Expiry Review on BPA (bisphenol A)

Issued by: the Ministry of Commerce of China (MOFCOM)
Issue No.: Announcement No. 43 of 2012
Issue Date: August 29, 2012


On August 29, 2007, the MOFCOM issued its annual Announcement No. 68 to levy antidumping duties on import BPA (bisphenol A) originating in Japan, South Korea, Singapore and Taiwan region for five (5) years starting from August 30, 2007.

On November 22, 2007, the MOFCOM issued its annual Announcement No. 96 to permit South Korea LG Chemical Co.'s inheritance from November 23, 2007 of 6.4% antidumping duty rate applied to LG Petrochemical Co., Ltd.

On December 15, 2009, the MOFCOM issued its annual Announcement No. 108 to adjust the antidumping duty rate to 4.7% on South Korea LG Chemical Co. from the date.

On March 19, 2012, the MOFCOM issued its annual Announcement No. 12 calling on relevant China mainland industries to petition in writing the MOFCOM to conduct an antidumping expiry review sixty (60) days before the expiry date of the anti-dumping measures.

On June 13, 2012, the MOFCOM received the written petition for its expiry review from BlueStar New Chemical Materials Co., Ltd. representing the mainland BPA industry. The petitioners hold the view that revoking the existing antidumping measures would lead to continuation or recurrence of the dumping or material injury concerned within a reasonably foreseeable time.

According to China's Anti-Dumping Regulations, the MOFCOM has made inspections over the petitioner qualification, the targeted import goods, the Chinese-made counterparts, the effect of the targeted imports on domestic industries, the likelihood of the continuation or recurrence of the dumping and injury along with evidences thereof.

Based on results of its inspections, the MOFCOM thinks the petitioners are eligible to represent the mainland industries and their propositions and prima facies evidences are compliant with requirements for the expiry review institution.

According to Article 48 of the Anti-Dumping Regulations of China, the MOFCOM hereby decides to conduct as of August 30, 2012 the expiry review investigations into the anti-dumping measures on the BPAs from Japan, South Korea, Singapore and Taiwan region.

Relevant matters are hereby announced:

1. Continuation of the Anti-Dumping Measures

Based on the MOFCOM's proposal, the Customs Tariff Commission under the State Council has decided to continue levying the anti-dumping duties on those BPAs during the period of the expiry review as per the scope and duty rates provided in the MOFCOM Announcements No. 68 of 2007, No. 96 of 2007 and No. 108 of 2009.

2. Periods of the Review Investigations

As regards this final review, the period for dumping investigation is from July 1, 2011 till June 30, 2012 and the period for injury investigation is from January 1, 2007 till June 30, 2012.

3. Investigated Product Scope

The investigated products under this final review shall be those covered by original anti-dumping measures provided in the MOFCOM Announcement No. 68 of 2007 and covered by 2012-version Chinese HS Code 29072300, under which the BPA phenoxides are not covered by this review.

4. Contents to Review

This final review aims to determine whether revoking the anti-dumping measures herein would lead to continuation or recurrence of the dumping and the injury.

5. Procedure of the Review

(1) Registration of Response

Regarding the investigation for dumping, any interested party may apply for legal response to the MOFCOM's Bureau of Fair Trade for Imports & Exports within twenty (20) days from the issue date of this Announcement.

Any investigated exporter or producer shall provide the information of both their export quantity and export value of the investigated products to China's mainland and other markets during the investigatory periods.

The Referential Format of Registration of Response to Dumping Investigation is available for downloading from the "Announcements" section on the MOFCOM's sub-website http://gpj.mofcom.gov.cn (Chinese).

Regarding the investigation for industrial injury, any interested party may apply for legal response to the MOFCOM's Bureau of Industry Injury Investigation within twenty (20) days from the issue date of this Announcement, meanwhile providing documents describing their capacity, output, stock, construction or expansion projects during the investigatory periods for industrial injury.

The Form of Application for Joining in Industrial Injury Investigation is available for downloading from the "Announcements" section on China Trade Remedy Information website (www.cacs.gov.cn).

(2) Failure to Register

Where any interested party fails to register for response with the MOFCOM within the time limit provided herein, the MOFCOM shall have the power to reject any of his relevant submissions and to make a ruling based on acquired facts and acquirable information.

(3) Rights of the Interested Parties

Where any interested party has any objections concerning this investigation, it may submit its opinions in writing to the MOFCOM within twenty (20) days from the issue date of this Announcement.

Any interested party may refer to the non-confidential copy of the written petitions submitted for the investigation at the MOFCOM's open anti-dumping information inquiry office.

(4) Issue of Questionnaire

The MOFCOM may issue questionnaire to the interested parties and the receivers shall submit their answers in a specified manner at a scheduled time.

(5) Hearing

The interested parties may apply in writing to the MOFCOM for holding public hearings as per relevant regulations, and the MOFCOM also may initiatively hold relevant hearings.

(6) Onsite Inspection

The MOFCOM may dispatch personnel to conduct onsite inspections at home and abroad; any submissions from the interested parties shall include their written agreement on the MOFCOM's onsite inspections; and before such onsite inspections, the MOFCOM will inform in advance the countries, regions and enterprises to be inspected.

(7) Time Limit of the Investigations

This investigation shall start from August 30, 2012 and usually terminate by the end of August 30, 2013.

6. Noncooperation

Where any interested party fails to provide truthful information or conditions within a reasonable time or hinders the investigations by any other means, the MOFCOM may make relevant rulings based on acquired facts and acquirable best information.

7. The MOFCOM Contacts:

The MOFCOM's Bureau of Fair Trade for Imports & Exports:

Address: No. 2, East Chang'an Avenue, Beijing, China
Zip Code: 100731
Personnel: WANG Dong, HUANG Yanjun
Tel: (8610) 65198757 / 85093406
Fax: (8610) 65198172

The MOFCOM's Bureau of Industry Injury Investigation:

Address: No. 2, East Chang'an Avenue, Beijing, China
Zip Code: 100731
Personnel: WANG Xin, ZHAO Hui, GUO Huaiguang
Tel: (8610) 65198054/65198184/65198070
Fax: (8610) 65197583


The Ministry of Commerce of the P. R. China
August 29, 2012