MOFCOM Announcement No.17 of 2013 on Renaming OPTIMAL Chemicals (Malaysia) Sdn Bhd in the Ethanolamine Anti-dumping Case

 
The Ministry of Commerce of the People's Republic of China issued the annual Announcement No.75 on November 13, 2010, deciding to maintain the anti-dumping measures taken against imports of ethanolamine originated in Japan, the USA, Malaysia and Taiwan region, in which, the anti-dumping duty rate applicable to OPTIMAL Chemicals(Malaysia) Sdn Bhd was 9%.

Petronas Chemicals Derivatives Sdn. Bhd. (hereinafter referred to as "the Company"), on January 21, 2013, submitted an application to the Ministry of Commerce, requesting to inherit the rights and obligations of the original OPTIMAL Chemicals (Malaysia) Sdn Bhd in the ethanolamine anti-dumping measures and also submitted registration document, articles of association, list of shareholders, list of directors, list of raw material suppliers, list of production equipment, list of customers, relevant notarialdocuments, certification documents of the Chinese Embassy in Malaysia and other relevant materials prior to and subsequent torenaming of the Company.

On February 22, 2013, the Company further submitted the productivity and output of product under investigation prior to and subsequent to renaming, as well as relevant supporting evidence.

The Ministry of Commerce notified the original applicants for relevant anti-dumping investigation of the matters relating to the application mentioned above. Within the required time, JiaxingJinyan Chemical Co., Ltd. and Fushun Beifang Chemical Co., Ltd., as the original applicants, expressed that they would have no objection tosuch renaming application on the premise that production equipment, production capacity, raw material supply, sales channel and customers of ethanolamine products of Petronas Chemicals Derivatives Sdn. Bhd. has not been substantially changed as compared with the Company before such renaming.

Through review, the Ministry of Commerce considered that existing evidence materials indicate that OPTIMAL Chemicals (Malaysia) Sdn Bhd has changed its name, and operation management, production equipment, raw material supply, sales channel and customer base with respect to product under investigation prior to and subsequent to such renaming remain unchanged.

Now therefore, the Ministry of Commerce decided that:

I. Petronas Chemicals Derivatives Sdn. Bhd. inherits the rights and obligations of the original OPTIMAL Chemicals (Malaysia) Sdn Bhd in the ethanolamine anti-dumping measures, and the anti-dumping duty rate of 9% applicable to exports of product under investigation to China.

II. With respect to exports of product under investigation to China in the name of OPTIMAL Chemicals (Malaysia) Sdn Bhd, an anti-dumping duty rate of 74% applicable to "other Malaysia companies" set out in the ethanolamine anti-dumping measures shall apply.

This Announcement shall be put into effect as of March 19, 2013.


Ministry of Commerce of the People's Republic of China
March 18, 2013