MOFCOM Announcement No.32, 2014 AD Ruling on Tetrachloroethylene from EU & USA

On May 31, 2013, China Ministry of Commerce (MOFCOM) announced starting an antidumping (AD) investigation into Tetrachloroethylene from the EU and USA, which are under Chinese HS Code 29032300.

On February 17, 2014, the MOFCOM preliminarily ruled that the investigated products were dumped to China, and relevant Chinese industry was materially injured, and that there is a cause-and-effect relationship between the dumping and the material injury.

Now, the MOFCOM hereby makes its final ruling (see the Annex) with relevant matters provided below:

1. Final Ruling

During the investigated period, such products from the EU and USA were dumped to China with an effect of material injury to relevant Chinese industry.

2. Investigated Products:

Perchlorethylene or Tetrachloroethylene (PCE) originating in the EU and the USA
Governing Chinese HS Code 29032300

Usage: PCE is an important organochlorine products, widely used in industry mainly as organic solvent, dry cleaner, desulfurizer, fabric finishing agent, metal detergent, fat extracter, organic synthesis and heat transfer medium, as medical anthelmintic, and the refrigerants HCFC-123, HCFC-124 and HFC-125 intermediates.

3. Levy of Antidumping Duties

As from May 31, 2014, the antidumping duties shall be levied on the Tetrachloroethylene originating in the EU and USA.

Antidumping Duty Rates on the Companies Involved:

(1) EU Companies:
Dow Deutschland Anlagengesellschaft mbH - 27.6%;
SOLVAY BENVIC EUROPE-FRANCE S.A.S. -27.6%;
All Others - 27.6%

(2) USA Companies:
Occidental Chemical Corporation - 71.8%;
Axiall Corporation - 71.8%
The Dow Chemical Company- 71.8%
PPG Industries - 71.8%
All Others - 71.8%

4. Levy Method

The antidumping duties shall be calculated ad valorem on customs-set duty-paid value in the formula: Antidumping Duty Amount = duty-paid value × antidumping duty rate.
Import VAT shall also be levied on the duty-paid value plus import duty and the antidumping duty.

5. Retroactive Levy

From February 18-May 30, 2014, any relevant deposits that the importers delivered to China Customs shall be converted into the antidumping duties as per the antidumping duty rates herein, with the import VAT to be levied as per VAT rate. Any excess of the deposits over the antidumping duties and import VAT shall be returned to the importers; any shortage thereof shall not be levied any more.

Such imports prior to provisional antidumping announcement shall be exempted from the antidumping duties.

6. Levy Period

The antidumping duties herein shall be valid for five years as from May 31, 2014.

7. New Exporter Review

Any new exporter involved, if eligible, may apply in writing to the MOFCOM for conducting a review for them.

8. Interim Review

During the levy period, the interested parties may apply in writing to the MOFCOM for conducting an interim review.

9. Administrative Review & Litigation

The interested parties objecting to the rulings herein may apply in writing to the MOFCOM for conducting an administrative review or lodge litigation with Chinese court of law.

10. This Announcement shall enter into force on May 31, 2014.

Annex: MOFCOM Final Antidumping Ruling on the Tetrachloroethylene from EU, Japan & USA (omitted)



The Ministry of Commerce of China (MOFCOM)

May 30, 2014