In accordance with the Anti-dumping Regulations of the People's Republic of China (hereinafter referred to as the "Anti-dumping Regulations"), on February 4, 2018, the Ministry of Commerce (hereinafter referred to as the "Investigation Authority") issued Announcement No.12 of 2018, deciding to carry out anti-dumping investigation against imports of grain sorghum originating in the United States.
The Investigation Authority has investigated into the existence of dumping and dumping margin, the existence of damage to China's domestic industry caused by the products under investigation and the extent of such damage, as well as the causal relationship between the dumping and the damage. The Investigation Authority has made a preliminary ruling (see the Annex) according to the investigation findings and Article 24 of the Anti-dumping Regulations. Relevant matters are hereby announced as follows:
I. Preliminary ruling
The Investigation Authority preliminarily ruled that there was dumping of grain sorghum originating in the United States and the domestic grain sorghum industry was substantially damaged, and there was causal relationship between the dumping and the substantive damage.
II. Levying of margin
The investigation authority decides to carry out interim anti-dumping measures by levying margin according to Article 28 and Article 29 of the Anti-dumping Regulations. As of April 18, 2018, import operators shall pay relevant margin to the Customs of the People's Republic of China at the rate determined by this ruling for each company when importing the products under investigation.
Details of the products under investigation are as follows:
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.
Rates of margin imposed on companies are as follows:
1. CHS Inc. 178.6%
2. Dwight and Adam Baldwin Farms 178.6%
3. J&C Farms JV 178.6%
4. Larry Dahlsten 178.6%
5. Mid Kansas Corporation 178.6%
6. Planter's Grain Cooperative of Odem, Texas 178.6%
7. Lee Whitaker 178.6%
8. Green Gold Farms, Inc 178.6%
9. Kent Martin 178.6%
10. Michael T. Baker 178.6%
11. Steven R. Arnold 178.6%
12. Billy Bob Brown 178.6%
13. Circle P Farms 178.6%
14. Craig A. Berning 178.6%
15. Hendricks Brothers 178.6%
16. Lewis Lee Whitaker 178.6%
17. R&K Farm Partnership 178.6%
18. William W. Came 178.6%
19. All others 178.6%
III. Methods on levying of margin
As of April 18, 2018, import operators shall pay relevant margin to the Customs of the People's Republic of China according to the dumping margin determined by this ruling for each company when importing grain sorghum originating in the United States. The margin is levied by means of ad valorem on the basis of dutiable value authorized by China Customs, and the formula is: margin = (dutiable value authorized by the Customs * levying rate)* (1+ import value-added tax rate).
An interested party may submit written comments to the investigation authority within 10 days from the promulgation date hereof.
Ministry of Commerce of the People's Republic of China
April 17, 2018