China
Announces Anti-dumping Review Investigation on Nonyl
Phenol from India and Taiwan
The Ministry of Commerce of China (MOFCOM)
released Announcement No. 11 of 2007 on March 28, 2007 on its decision to levy
anti-dumping duties against nonyl phenol imports from
India and Taiwan from March 29, 2007 for 5 years.
MOFCOM released Announcement No. 59 of 2011
on September 20, 2011, stating that according to the Regulations of the
Anti-dumping Measures of the People’s Republic of China, if a review determines
that the termination of the anti-dumping duties may result in the continuation
or recurrence of the dumping and injury, the time period for the levy of
anti-dumping duties may be reasonably extended, and that the Chinese mainland
industry or natural person, legal person or relevant organizations that
represent the Chinese mainland industry could submit written petition for final
review to MOFCOM 60 days prior to the termination date.
MOFCOM received on December 30, 2011 the
petition for final review investigation of anti-dumping measures formally
presented by Jiangsu Lingfei Technology Co., Ltd. and
Changzhou Dyestuff Chemical Factory Co., Ltd. on behalf of the domestic nonyl phenol industry. According to the petition,
termination of the anti-dumping measures against nonyl
phenol imports from Taiwan may result in the continuation of the dumping in the
Chinese mainland;, termination of the anti-dumping measures against nonyl phenol imports from India may result in the
recurrence of the dumping; and termination of the anti-dumping measures against
nonyl phenol imports from India and Taiwan may result
in the recurrence of injury to the Chinese mainland’s nonyl
phenol industry.
In accordance with the Regulations on
Anti-dumping of the People’s Republic of China, MOFCOM reviewed the
qualifications of the petitioners, the investigated products, like products in
the Chinese mainland, import volume of the investigated products during the
implementation of the anti-dumping measures, the possibility of the
continuation as well as the recurrence of the dumping and injury. Evidence
provided by the petitioners suggests that the aggregate nonyl
phenol output of the petitioners and their supporters took up more than 50% of
the total output of like products in the Chinese mainland in 2009 and 2010,
which accords with the provisions on industry and industry representation in
Article 11, Article 13 and Article 17 of the Regulations on Anti-dumping of the
People’s Republic of China. Therefore, the petitioners are eligible to submit a
petition on behalf of the Chinese mainland industry. The investigating
authority considered that the claim and the prima facie evidence submitted by
the petitioners were in compliance with the requirements for filing for the
final review.
According to Article 48 of the Regulations on
Anti-dumping of the People’s Republic of China, MOFCOM decided to institute a
final review investigation into anti-dumping measures imposed on nonyl phenol imports from India and Taiwan from March 29,
2012, and hereby announces the following:
I. Extension
of the anti-dumping measures
According to the proposal of MOFCOM, the
Customs Tariff Commission of the State Council decided to continue to levy
anti-dumping duties on imported nonyl phenol
originated in India and Taiwan in accordance with the anti-dumping tax scope
and tax rate released in Announcement No. 11 of 2007 of MOFCOM.
II. Period
of review investigation
Concerning the review, the period of
anti-dumping investigation was from January 1 to December 31, 2011, and the
period of injury investigation was from January 1, 2007 to December 31, 2011.
III. Scope of
the products under review investigation
The scope of the products under investigation
coincides with that subject to the anti-dumping measures announced in MOFCOM’s
Announcement No. 11 of 2007. The tariff line of the investigated products is
29071310 according to the Customs Import and Export Tariff of the People’s
Republic of China.
IV. Content
of the review investigation
Content of the review investigation is the
possibility of the continuation or recurrence of the dumping and injury caused
by the termination of anti-dumping measures against nonyl
phenol imports from India and Taiwan.
V. Process
of the review
1. Registration
for responding
The interested party for responding to the
anti-dumping investigation shall, within 20 days after the promulgation of this
announcement, register with MOFCOM Bureau of Fair Trade for Imports and
Exports, and the exporter or producer from the said countries shall supply with
the volume and value of the investigated products exported to China during the
period of investigation. The Reference Format for Responding to Anti-dumping
Investigation can be downloaded from the Public Notice section at
http://gpj.mofcom.gov.cn.
The interested party for responding to the
industry injury investigation shall, within 20 days after the promulgation of
this announcement, register with MOFCOM Bureau of Industry Injury
Investigation, and shall supply to the Ministry of Commerce production
capacity, output, inventory, plans for expansion and construction. The
Registration Form for Industry Injury Investigation Responding can be
downloaded at www.cacs.gov.cn.
2. Failure
to register for responding
If any interested party fails to register for
responding to the investigation within the time limit, MOFCOM shall have the
right to reject relevant materials submitted by the party, and make a decision
based on available existing materials.
3. Rights
of the interested parties
If any interested party has objections
regarding the scope of this investigated product, qualifications of the applicants,
investigated country and other related issues, they can submit written comments
to MOFCOM within 20 days as from the promulgation of this announcement.
Any interested party has access to the
non-confidential text of the application submitted by the applicants in the
anti-dumping public information search room of MOFCOM.
4. Questionnaire
In order to obtain information for the
investigation, MOFCOM will distribute questionnaires to related interested
parties. The response should be submitted in accordance with the time and
method stated in the questionnaire.
5. Hearing
Any interested party may submit, in
accordance with the provisions of the Provisional Rules on Hearing in
Anti-dumping Investigation and the Rules on Hearing of Industry Injury Investigation
of MOFCOM, a written petition to hold a hearing, and MOFCOM, as it deems
necessary, may also take the initiative to hold a hearing.
6. On-site
verification
MOFCOM will, as it deems necessary, send
staff on domestic and overseas trips for on-site verification. All materials
submitted by any interested party should contain a statement about agreeing to
receive verification, and MOFCOM will inform relevant countries, regions and
enterprises in advance.
7. Investigation
period
The investigation started on March 29, 2012,
and will normally conclude by March 29, 2013.
VI. Non-cooperation
According to Article 21 of the Regulations of
the People’s Republic of China on Anti-dumping, any interested party shall
truthfully provide relevant information and materials when the investigating
authority conducts an investigation. If any interested party fails to provide
true information, fails to provide necessary information within a reasonable
time period, or seriously obstructs investigation through other means, the
investigating authority can make a ruling according to collected facts and best
information available.
VII. Contacts:
Bureau
of Fair Trade for Imports and
Exports, Ministry of Commerce:
Add: No 2 of Dong Chang’an Avenue
Code: 100731
Contact Persons: Bai Ming, Wang Dong
Tel: (8610)65198473;85093406
Fax: (8610)65198164
Bureau
of Industry Injury Investigation,
Ministry of Commerce:
Add: No 2 of Dong Chang’an Avenue
Code: 100731
Contact Persons: Wu Feng, Sun Yu
Tel: (8610)65198069; 65198073
Fax: (8610)65197579