On August 29, 2007, the Ministry of Commerce of the People's Republic of China (the "MOFCOM") issued Announcement No.68 of 2007, deciding to levy anti-dumping duty on imports of bisphenolA originating in Japan, the Republic of Korea, Singapore and Taiwan Region for five years from August 30, 2007.On November 22, 2007, the MOFCOM issued Announcement No.96 of 2007, deciding the inheritance of the anti-dumping duty rate of 6.4% applicable to LG Chem by LG Chem, Ltd. On December 15, 2009, the MOFCOM issued Announcement No.108, deciding to adjust the anti-dumping duty rate on imports of bisphenol A from LG Chem, Ltd. originating in the Republic of Korea from 6.4% to 4.7% from the date hereof. On August 29, 2013, the MOFCOM issued Announcement No.55, deciding to carry out anti-dumping measures on imports of bisphenolA originating in Japan, the Republic of Korea, Singapore and Taiwan Region for five years from August 30, 2013 according to the MOFCOM Announcement No.68 of 2007, MOFCOM Announcement No.96 of 2007 and MOFCOM Announcement No.108 of 2009.
On June 26, 2018, the MOFCOM received an application for expiry review on anti-dumping measures submitted by Nantong Xingchen Synthetic Material Co., Ltd., Shanghai Sinopec Mitsui Chemicals Co., Ltd., Sinopec Mitsubishi Chemical Polycarbonate (Beijing) Co., Ltd and Huizhou Zhongxin Chemical Co., Ltd. on behalf of bisphenolA industry in China. 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 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 bisphenolA industry. The investigation authority believes that the applicants' 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 a expiry review investigation into the anti-dumping measures imposed on the imports of bisphenolA originating in Japan, the Republic of Korea, Singapore and Taiwan Region as of August 30, 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 bisphenolA originating in Japan, the Republic of Korea, Singapore and Taiwan Region will still be subject to anti-dumping duties within the scope and at the rate released in the MOFCOM Announcement No.55 of 2013.
II. Review Investigation Period
The anti-dumping investigation period for this review is from April 1, 2017 to March 31, 2018, and the investigation period for industrial damages is from January 1, 2014 to March 31, 2018.
III. Product Scope Covered by the Review
Products covered by the review are the same as the products to which the anti-dumping measures as released in the MOFCOM Announcement No.55 of 2013 are subject.
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 bisphenolA originating in Japan, the Republic of Korea, Singapore and Taiwan region.
V. Registration for Participating in the Investigation
Any interested party shall 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 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 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).
If any interested party has any comments on the product scope, the qualification of the applicants, countries and 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. Interested parties registered can download the questionnaire from the abovementioned sites.
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 the companies are required to submit complete and accurate answers within the time as specified. 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, the interested parties 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.
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 August 30, 2018, and ends prior to August 29, 2019.
XII. Contact Information
No.2 Import Investigation Office, Trade Remedy and Investigation Bureau of the Ministry of Commerce
Address: No. 2 Dong Chang'an Avenue, Beijing
Postal code: 100731
Tel.: 0086-10-85093415, 65198473
Ministry of Commerce of the People's Republic of China
August 29, 2018