Announcement No.98, 2008 of the Ministry of Commerce of the People’s Republic of

Announcement No.98, 2008 of the Ministry of Commerce of the People's Republic of China, on Initiation of LG Midterm Review
From: Bureau of Fair Trade of the Ministry of Commerce

【Issuer】the Ministry of Commerce of the People's Republic of China
【File Number】Announcement No.98, 2008
【Issuing Date】December 15, 2008

The Ministry of Commerce of the People's Republic of China issued Announcement No. 68 on August 29, 2007, deciding to impose anti-dumping duty on Bisphenol A imported from Japan, South Korea, Singapore and Taiwan of China, according to which, the anti-dumping duty rate applicable to South Korea-based LG Petrochemical Co., Ltd. is 6.4%. Subsequently, it issued Announcement No.96, deciding the same anti-dumping duty rate continue to be applicable to South Korea-based LG Chem, Ltd. which is successor of LG Petrochemical Co., Ltd.
In accordance with Article 49 of the Regulations of the People's Republic of China on Anti- dumping and relevant requirements of the Provisional Rules on Mid-term Review of Dumping and Dumping Margin, after the anti-dumping duties go into force, the Ministry of Commerce may, at its own discretion, decide to conduct review on the necessity of continuing to levy anti-dumping duties; Or after a reasonable period, at the request of the interested party and upon examining corresponding evidences it provided, decide to conduct such review.
On September 28, 2008, the South Korea-based LG Chem, Ltd. submitted an application for mid-term review to the Ministry of Commerce, claiming that since the implementation of anti-dumping measures on Bisphenol-A, its domestic market price and export price to Mainland China had changed, which have reduced its dumping margin in Mainland China, so it requested the Ministry of Commerce to conduct mid-term review on dumping and dumping margin regarding the anti-dumping measures imposed on it.
In accordance with Article 11 of the Provisional Rules on Mid-term Review of Dumping and Dumping Margin, the Ministry of Commerce has informed the original domestic applicants of the review application, and the original domestic applicants have submitted their opinions within specified period.
In accordance with relevant requirements of the Regulations of the People's Republic of China on Anti- dumping and the Provisional Rules on the Mid-term Review of Dumping and Dumping Margin, the Ministry of Commerce has examined the application time, the qualifications of the applicant, information that the export price and normal value of product concerned have changed and its dumping margin has decreased, etc, and put forward examination opinions, requiring the South Korea-based LG Chem, Ltd. to make further clarification and provide additional evidences. This company have acted accordingly within specified period and made some modification to its original application.
Upon examination, the Ministry of Commerce deems that the review application submitted by LG Petrochemical Co., Ltd. provides prima facie evidences that the dumping margin of the product to be investigated has decreased, which conforms to Article 49 of the Regulations of the People's Republic of China on Anti- dumping and Article 6 to 10 of the Provisional Rules on Mid-term Review of Dumping and Dumping Margin, and therefore decides to conduct review investigation into the anti-dumping measures applicable to LG Petrochemical Co., Ltd. Relevant matters concerning this investigation are hereby announced as follows:

I. Product to be investigated
Product name: Bisphenol-A;
Chemical name: Diphenol propane, or 2,2-BIS (4-hydroxyphenyl) propane or 4-4-isopropylidene diphenol
Molecular formula: C15H16O2
Chemical structural formula:


Product category: organic chemical product
Tariff Number: This product is classified under Tariff Number 29072300 in the Customs Tariff of Import and Export of the People's Republic of China. Various salts of Bisphenol-A under the same tariff number is not subject to this investigation.
The concrete description and main application of the product to be investigated is consistent with that under the previous anti-dumping investigation.

II. Review period and scope
(I) The investigation period is from December 1, 2007 to November 30, 2008.
(II) The review scope is the normal value, exporting prices and dumping margin of the investigated commodities.

III. Procedures of Review
(I) Comments of the interested parties
Any interested parties may submit their opinions on this review in written form within 20 days after this announcement is issued, and provide corresponding evidences.
(II) Distribution of questionnaires
In order to obtain the information it deems necessary for the investigation, the Ministry of Commerce will distribute questionnaires to relevant interested parties. The response to the questionnaire shall be submitted within 37 days of receiving the questionnaire in the manner required by the questionnaire.
(III) Hearing session
The interested party may submit a written application for holding a hearing session in accordance with the provisions of the Provisional Rules on Anti-dumping Investigation Hearing of the Ministry of Commerce, and the Ministry of Commerce may also hold a hearing forwardly when it deems necessary.
(IV) On-sight Examination
Where necessary, the Ministry of Commerce shall dispatch personnel to conduct on-site examination in relevant countries; any materials submitted by the interested party shall contain a statement that such materials is subject to any examination; before the examination, the Ministry of Commerce shall give a prior notice to the countries and enterprises concerned.

IV. Non-cooperation
According to provisions of Article 21 of the Regulations of the People's Republic of China on Anti- dumping, while the Ministry of Commerce conducts such investigation, the interested party concerned shall provide truthful information and documents; Failing to do so, or otherwise materially prevent the investigation being conducted, the investigator may make decision according to the facts and information available to them.

V. Contact of the Ministry of Commerce
Bureau of Fair Trade for Imports and Exports of the Ministry of Commerce
Add: 2 East Chang'an Avenue Postcode: 100731
Tel: 010-65198409, 65198497
Fax: 010-65198172
Please give adequate attention to the above announcement.
Ministry of Commerce of the People's Republic of China
December 15, 2008