MOFCOM Announcement No.24 of 2018 on Case-filing of the Final Review of the Anti-dumping Measures against Imports of Nonylphenol Originating in India and Taiwan Region

Date: 2018-04-20 07:13:58, Source: MOFCOM, Today/Total Visits : 0/85

On March 28, 2007, the Ministry of Commerce of the People's Republic of China (the "MOFCOM") issued Announcement No.11 of 2007, deciding to carry out final anti-dumping measures on imports of nonylphenol originating in India and Taiwan region for five years from March 29, 2007. On March 28, 2013, the MOFCOM issued Announcement No.15 of 2013, deciding to continue the final anti-dumping measures on imports of nonylphenol originating in India and Taiwan region for five years from March 29, 2013.

On January 5, 2018, the MOFCOM received a formal application for expiry review on anti-dumping measures officially submitted by Jiangsu Lingfei Technology Co., Ltd. and Changzhou Dyestuff Chemical Plant Co., Ltd. on behalf of nonylphenol industry in China. The applicants claimed that, if the anti-dumping measures are terminated, the dumping brought by the imports of nonylphenol originating in India and Taiwan region and the injury to the industry in China might continue or reoccur, requesting the MOFCOM to maintain the anti-dumping measures against imports of nonylphenol originating in India and Taiwan region.

In accordance with the relevant provisions of the Anti-dumping Regulations of the People's Republic of China, the MOFCOM reviewed the qualifications of the applicant, the products under investigation, similar domestic products, the imports of the products under investigation during the implementation of the anti-dumping measures, the possibility of continuity or reoccurrence of dumping, the possibility of continuity or reoccurrence of damages or related evidence. Current evidence shows that the applicant meets the provisions specified in Article 11, Article 13 and Article 17 of the Anti-dumping Regulations of the People's Republic of China on industry and industry representativeness, and therefore, it is eligible to apply on behalf of Chinese nonylphenol industry. The investigation authority believes that the applicant's claims and the prima facie evidence submitted are in conformity with the requirements for an expiry review.

According to Article 48 of the Anti-dumping Regulations of the People's Republic of China, the MOFCOM decides to conduct an expiry review investigation into the anti-dumping measures imposed on the imports of nonylphenol originating in India and Taiwan region as of March 29, 2018. Relevant matters are hereby announced as follows:

I. Continuous Implementation of the Anti-dumping Measures

As suggested by the MOFCOM and decided by the Customs Tariff Commission of the State Council, during the expiry review investigation of the anti-dumping measures, the imports of nonylphenol originating in India and Taiwan region will still be subject to anti-dumping duties within the scope and at the rate released in the MOFCOM Announcement No.11 of 2007 and MOFCOM Announcement No.15 of 2013.

II. Review Investigation Period

The anti-dumping investigation period for this review is from January 1, 2017 to December 31, 2017, and the investigation period for industrial damages is from January 1, 2013 to December 31, 2017.

III. Product Scope Covered by the Review

Products covered by the review are those to which the anti-dumping measures apply and the same as the products released in MOFCOM Announcement No.11 of 2007 and MOFCOM Announcement No.15 of 2013.

IV. Review Contents

This review aims to make clear that whether dumping and injury may continue or occur again in the case of the termination of the anti-dumping measures imposed on the imports of nonylphenol originating in India and Taiwan region.

V. Registration for Participating in the Investigation

Any interested party may register with the Trade Remedy and Investigation Bureau of the Ministry of Commerce for participating in this round of anti-dumping expiry review within 20 days after the date of release hereof. Interested parties participating in the investigation are required to provide basic information, quantity and amount of the products under investigation exported to or importing from mainland China, quantity and amount of similar products produced and sold and relationship during the dumping investigation period and other illustrative materials based on the Reference Format of the Registration to Participate in the Investigation, which can be downloaded from the Trade Remedy and Investigation Bureau sub-website of the MOFCOM website (http://trb.mofcom.gov.cn).

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

VI. Access to Public Information

In the process of investigation, the interested parties can refer to letter of application submitted by the applicant and the catalog of public information about the case through the above websites, or search, read, transcribe and copy the same in the MOFCOM Trade Relief Public Information Office (Tel.: 0086-10-65197878).

VII. Comments

If any interested party has any comments on the product scope and category, the qualification of the applicant, 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.

VIII. Investigation Methods

In accordance with Article 20 of the Anti-dumping Regulations of the People's Republic of China, 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.

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 importers or producers of foreign countries (regions) and manufacturers and importers of mainland China. In the meantime, MOFCOM will post the questionnaire on the aforementioned website.
Other interested parties who have not registered to participate in the investigation can download directly from the foregoing websites or request the questionnaires from Trade Remedy and Investigation Bureau of the Ministry of Commerce and fill in the same as required.

All interested parties are required to submit complete and accurate answers within the time as specified by the MOFCOM. Answers shall include all the information as required by the questionnaires.

IX. Submission and Processing of Confidential Information

Where it is necessary to keep confidential the information submitted by the interested parties, they may request the MOFCOM to make confidential treatments and explain the reasons and at the same time provide non-confidential summary of that confidential information. 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 party does not require for confidential treatment for the information it has submitted, the MOFCOM will consider the said information as public information.

X. Consequences of Non-cooperation

In accordance with Article 21 of the Anti-dumping Regulations of the People's Republic of China, when the MOFCOM makes an investigation, an interested party shall faithfully reflect situations and provide relevant materials. If an interested party 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 and the best information available.

XI. Investigation Period

This investigation starts on March 29, 2018, and usually ends prior to March 28, 2019.

XII. Contact Information

No.3 Import Investigation Office, Trade Remedy and Investigation Bureau of the Ministry of Commerce
Address: No.2 Dong Chang'an Avenue, Beijing, China
Postal code: 100731
Tel.: 010-65198746 65198490
Fax: 010-65198172

Ministry of Commerce of the People's Republic of China
March 28, 2018

Approved by: Department of Commerce of Shandong Province Tel: +86-531-89013333

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Shandong ICP Registered No. 12013505