MOFCOM Announcement No.38 of 2018 on the Preliminary Ruling on the Anti-dumping Investigation against Imports of Grain Sorghum Originating in the United States

Date: 2018-04-25 03:41:15, Source: MOFCOM, Today/Total Visits : 2/246

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).

IV. Comments

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

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

Supported by:Jinan Maocheng Information Technology Co., Ltd.

Shandong ICP Registered No. 12013505