MOFCOM Announcement No.44, 2014 on Re-investigating USA Broiler Chicken Products Dumping & Subsidy
[2014-07-15 10:08:17]
To implement WTO Dispute Settlement Body's adjudication and suggestion over China's antidumping and anti-subsidy measures on USA broiler chicken products (hereinafter as DS427 case), on December 25, 2013, China Ministry of Commerce (MOFCOM) issued its annual announcement no.88 deciding to re-investigate the double-anti measures on USA broiler chicken products under Chinese tariff HS Codes 02071100, 02071200, 02071311, 02071319, 02071321, 02071329, 02071411, 02071419, 02071421, 02071422, 02071429 and 05040021.
Based on its re-investigation results and China's Antidumping and Anti-subsidy Regulations, the MOFCOM hereby makes its ruling through the re-investigation (see Annex 1). Relevant matters are announced below:
1. Re-investigation Ruling
Through its reinvestigation, the MOFCOM confirms that the broiler chicken products originating from the USA were subsidized and dumped to China and Chinese domestic chicken industry was materially injured and that there is a cause-effect relationship between the USA subsidy/dumping and the Chinese material injury.
2. Investigated Products
Broiler Products or Chicken Products originating in the United States of America, which are classified into Chinese tariff HS Codes 02071100, 02071200, 02071311, 02071319, 02071321, 02071329, 02071411, 02071419, 02071421, 02071422, 02071429 and 05040021.
Description: Products processed from slaughtered white-feather broiler chickens, including whole chicken, split chicken parts, their by-products, whether fresh, chilled or frozen. This investigation excludes live chicken, canned products, chicken sausages and similar products, and cooked chicken products.
3. Adjusted Antidumping Duty Rates
Based on MOFCOM proposal, China's Customs Tariff Commission has decided to levy the antidumping duties on the USA broiler chicken products at adjusted rates (see Annex 2 hereto) from July 9, 2014.
As from July 9, 2014, the importers involved shall pay the antidumping duties at adjusted rates to China Customs on the USA broiler chicken products. The antidumping duty shall be calculated ad valorem in the formula: antidumping duty amount = customs-set duty-paid value × antidumping duty rate; and import value-added tax shall also be calculated ad valorem with duty-paid value plus import duty and antidumping duty amounts.
4. Adjusted Anti-Subsidy Duty Rates
Based on MOFCOM proposal, China's Customs Tariff Commission has decided to levy the anti-subsidy duties on the USA broiler chicken products at adjusted rates (see Annex 3 hereto) from July 9, 2014.
As from July 9, 2014, the importers involved shall pay the anti-subsidy duties at adjusted rates to China Customs on the USA broiler chicken products. The anti-subsidy duty shall be calculated ad valorem in the formula: anti-subsidy duty amount = customs-set duty-paid value × anti-subsidy duty rate; and import value-added tax shall also be calculated ad valorem with duty-paid value plus import duty and anti-subsidy duty amounts.
5. Administrative Review & Litigation
Any interested parties, objecting to this reinvestigation ruling and to the adjusted double-anti duties, may apply for administrative review to the MOFCOM or institute legal proceedings with China's courts of law.
6. This Announcement shall enter into force on July 9, 2014.
Annexes (omitted):
1. MOFCOM Ruling on Antidumping & Anti-subsidy Re-investigation of USA Broiler Chicken Products ;
2. List of Antidumping Duty Rates on Companies Involved;
3. List of Anti-subsidy Duty Rates on Companies Involved
The Ministry of Commerce of China (MOFCOM)
July 8, 2014
Based on its re-investigation results and China's Antidumping and Anti-subsidy Regulations, the MOFCOM hereby makes its ruling through the re-investigation (see Annex 1). Relevant matters are announced below:
1. Re-investigation Ruling
Through its reinvestigation, the MOFCOM confirms that the broiler chicken products originating from the USA were subsidized and dumped to China and Chinese domestic chicken industry was materially injured and that there is a cause-effect relationship between the USA subsidy/dumping and the Chinese material injury.
2. Investigated Products
Broiler Products or Chicken Products originating in the United States of America, which are classified into Chinese tariff HS Codes 02071100, 02071200, 02071311, 02071319, 02071321, 02071329, 02071411, 02071419, 02071421, 02071422, 02071429 and 05040021.
Description: Products processed from slaughtered white-feather broiler chickens, including whole chicken, split chicken parts, their by-products, whether fresh, chilled or frozen. This investigation excludes live chicken, canned products, chicken sausages and similar products, and cooked chicken products.
3. Adjusted Antidumping Duty Rates
Based on MOFCOM proposal, China's Customs Tariff Commission has decided to levy the antidumping duties on the USA broiler chicken products at adjusted rates (see Annex 2 hereto) from July 9, 2014.
As from July 9, 2014, the importers involved shall pay the antidumping duties at adjusted rates to China Customs on the USA broiler chicken products. The antidumping duty shall be calculated ad valorem in the formula: antidumping duty amount = customs-set duty-paid value × antidumping duty rate; and import value-added tax shall also be calculated ad valorem with duty-paid value plus import duty and antidumping duty amounts.
4. Adjusted Anti-Subsidy Duty Rates
Based on MOFCOM proposal, China's Customs Tariff Commission has decided to levy the anti-subsidy duties on the USA broiler chicken products at adjusted rates (see Annex 3 hereto) from July 9, 2014.
As from July 9, 2014, the importers involved shall pay the anti-subsidy duties at adjusted rates to China Customs on the USA broiler chicken products. The anti-subsidy duty shall be calculated ad valorem in the formula: anti-subsidy duty amount = customs-set duty-paid value × anti-subsidy duty rate; and import value-added tax shall also be calculated ad valorem with duty-paid value plus import duty and anti-subsidy duty amounts.
5. Administrative Review & Litigation
Any interested parties, objecting to this reinvestigation ruling and to the adjusted double-anti duties, may apply for administrative review to the MOFCOM or institute legal proceedings with China's courts of law.
6. This Announcement shall enter into force on July 9, 2014.
Annexes (omitted):
1. MOFCOM Ruling on Antidumping & Anti-subsidy Re-investigation of USA Broiler Chicken Products ;
2. List of Antidumping Duty Rates on Companies Involved;
3. List of Anti-subsidy Duty Rates on Companies Involved
The Ministry of Commerce of China (MOFCOM)
July 8, 2014
Source: ETCN
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