MOFCOM Announcement No.13 of 2018 on Countervailing Investigation against Imports of Grain Sorghum Originating in the United States

Date: 2018-02-13 12:51:15, Source: MOFCOM, Today/Total Visits : 0/255

According to Article 18 of the Regulations of the People's Republic of China on Countervailing: "Under special circumstances, the MOFCOM can decide to file a case-filing investigation if there is sufficient evidence that there are subsidies and damages and is causal relationship between them even though it did not receive any written application for a countervailing investigation."

Preliminary evidence and information obtained by the MOFCOM show that the imports of grain sorghum originating in the United States are subject to subsidies from the U.S. government. At the same time, grain sorghum soared into Chinese market at constantly decreasing price, which reduced and suppressed the prices of similar products in China's domestic industry, and the economic indicators of the similar products in the domestic industry showed a deteriorating trend. The preliminary evidence and information obtained by the MOFCOM also show that backed by huge output of grain sorghum in the United States and the increasing inventories, the United States exports more than 50% of its output since 2013.According to the preliminary evidence and information obtained by the MOFCOM, the domestic industry in China has suffered from and been threatened by material injury, and that there is a causal relationship between the subsidies accepted for import from the United States and the material injury and material injury threat to the domestic industry.

The MOFCOM decides, according to Article 18 of the Regulations of the People's Republic of China on Countervailing, to file countervailing investigation against imports of grain sorghum originating in the United States as of February 4, 2018.Now the relevant matters are hereby announced as below:

I. Filing of Investigation and Investigation Period

As of the date hereof, the MOFCOM conducts countervailing case-filing investigations against imports of grain sorghum originating in the United States within an investigation period from November 1, 2016 to October 31, 2017, and the investigation period of industry injury is from January 1, 2013 to October 31, 2017.

II. Products under Investigation and Scope of Investigation

Scope of investigation: imports of grain sorghum originating in the United States.
Name of the Products under Investigation: 高粱, or 食用高粱.
English name: Grain Sorghum

Description: Grain sorghum is a cereal crop that has unique resistance and adaptability. Thousand kernel weight of grain sorghum is usually less than 35.0g, including maximum grain varieties of above 35.0g.

Main purposes: can be consumed directly and also be used for brewing, feed, energy processing, etc.

The product is listed under tariff number of 10079000 in the Customs Import and Export Tariff of the People’s Republic of China.

III. Countervailing Investigation

Based on the relevant evidence and information, the MOFCOM decides to investigate the following items subject to subsidies in this investigation:

1. Crop insurance
2. Price loss protection
3. Agricultural risk protection
4. Marketing loan
5. Export credit guarantee
6. Market access
7. Foreign market development partner

IV. Registration for Participating in the Investigation

Any interested party and governments of related countries (regions) may register with the Trade Remedy and Investigation Bureau of the Ministry of Commerce for participating in this round of countervailing investigation within 20 days after the date of release hereof. Interested parties and governments of related countries (regions) participating in the investigation are required to provide basic identity information, quantity and amount of the products under investigation exported to or importing from China, quantity and amount of similar products produced and sold and relationship and other illustrative materials based on the Reference Format of the Registration to Participate in the Investigation, which can be downloaded from the related website (URL attached, the same below).

For the purposes hereof, the interested parties are individuals and organizations as defined in Article 19 of the Regulations of the People's Republic of China on Countervailing.

V. Access to Public Information

In the process of investigation, the interested parties and governments of related countries (regions) can refer to public information about the case through the relevant websites, or search, read, transcribe and copy the same in the MOFCOM Trade Relief Public Information Office (Tel.: 0086-10-65197878).

VI. Comments

If any interested party or government of related countries (regions) has any comments on the product scope, countries (regions) covered by the investigation regarding this investigation and other related questions, it may submit its opinions in written form to Trade Remedy and Investigation Bureau of the Ministry of Commerce within 20 days after the date of release hereof.

VII. Investigation Methods

In accordance with Article 20 of the Regulations of the People's Republic of China on Countervailing, the MOFCOM may get to know the related situation and conduct investigation via questionnaire, sampling, hearing, site investigation and other manners from the interested parties and governments of related countries (regions).

In order to obtain the information required for the investigation of this case, the MOFCOM usually issues questionnaires within 10 working days from the deadline for registering for participating in the investigation as prescribed herein, to overseas importers or producers, domestic manufacturers and importers and governments of related countries (regions). Interested parties and governments of related countries (regions) registering for the investigation may also download from the relevant websites such questionnaires as Questionnaire to Foreign Exporters or Producers for Countervailing of Grain Sorghum, Questionnaire to Domestic Producers for Countervailing of Grain Sorghum, Questionnaire to Domestic Importers for Countervailing of Grain Sorghum, and Questionnaire to Governments for Countervailing of Grain Sorghum.

Other interested parties and governments of related countries (regions) that do not register for participating in the investigation can download the questionnaire from the related websites, or obtain the same from the Trade Remedy and Investigation Bureau of the Ministry of Commerce and fill in the same as required.

All interested parties and governments of related countries (regions) are required to submit complete and accurate answers within the time specified. Answers shall include all the information as required by the questionnaires.

VIII. Submission and Processing of Confidential Information

Where it is necessary to keep confidential the information submitted by the interested parties and governments of related countries (regions) to the MOFCOM, they may request the MOFCOM to make confidential treatments and explain the reasons. If the MOFCOM agrees on their request, the interested parties and governments of related countries (regions) applying for confidentiality shall provide non-confidential summary of the confidential information at the same time. Non-confidential summary shall contain sufficient and meaningful information to enable other interested parties to have a reasonable understanding of the confidential information. If the non-confidential summary cannot be provided, reasons shall be made clear. If the interested parties or governments of related countries (regions) do not require for confidential treatment for the information they have submitted, the MOFCOM will consider the said information as public information.

IX. Consequences of Non-cooperation

In accordance with Article 21 of the Regulations of the People's Republic of China on Countervailing, when the MOFCOM makes an investigation, an interested party and government of related countries (regions) shall faithfully reflect situations and provide relevant materials. If an interested party or government of related countries (regions) fails to do so, fails to provide necessary information within a reasonable time, or seriously impedes an investigation in any other way, the MOFCOM may give a ruling according to facts already obtained.

X. Investigation Period

This investigation starts on February 4, 2018, and usually ends prior to February 4, 2019; however, the investigation can be extended to August 4, 2019 under special circumstances.

XI. Contact Information

Address: No. 2 Dong Chang'an Avenue, Beijing, China
Postal code: 100731
Trade Remedy and Investigation Bureau of the Ministry of Commerce
Tel.: 0086-10-85093415, 65198473
Fax: 0086-10-65198415

Related websites: The Trade Remedy and Investigation Bureau sub-website of the MOFCOM website (http://trb.mofcom.gov.cn).
China Trade Remedy Information Network (http://cacs.mofcom.gov.cn)


Minister of Commerce of the People's Republic of China
February 4, 2018




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