China Starts
Review of Anti-dumping Duty on Sulfamethozazole from
India on Request for Extension by Local Industry
The Ministry of Commerce (MOFCOM)
released its Announcement No. 48 of 2007 on June 15, 2007, deciding to levy
anti-dumping duties on imported sulfamethoxazole
originated from India, and the period of which is 5 years since June 16, 2007.
The Ministry of Commerce released
its Announcement No. 85 of 2011 on December 16, 2011, stating that the
anti-dumping measures against imported sulfamethoxazole
Originated from India would be terminated on June 16, 2012. According to the
Regulations on Anti-dumping 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 limit for the
levy of anti-dumping duties may reasonably be extended. Domestic industry or
natural person, legal person or relevant organizations that represent domestic
industry could submit petition on final review to the Ministry of Commerce 60
days prior to the termination date.
MOFCOM received on March 30, 2012
petition for final review on i anti-dumping measures formally submitted , on
behalf of the domestic sulfamethoxazole industry, by Shouguang Fukang Pharmaceutics
Co., Ltd.. According to the petition, the termination of the anti-dumping
measures against imported sulfamethoxazole originated
from India may result in the continuation of the dumping in the Chinese
mainland and the recurrence of injury to the Chinese mainland’s sulfamethoxazole industry and therefore they petition for
MOFCOM’s arbitration to maintain the anti-dumping measures against imported sulfamethoxazole originated from India.
In accordance with the
Anti-dumping Regulations 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 sulfamethoxazole
output of the petitioners took up more than 50% of the total output of like
products in the Chinese mainland in 2011, 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.
In line with Article 48 of the
Regulations on Anti-dumping of the People’s Republic of China, MOFCOM decided
to conduct final review on anti-dumping measures imposed on imports of sulfamethoxazole from India as from June 15, 2012, and it
hereby makes announcement as 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 sulfamethoxazole
originated from India in accordance with the anti-dumping tax scope and tax
rate released in Announcement No. 48 of 2007 of MOFCOM.
II. The
period of review
Concerning the review, the period
of anti-dumping investigation was from January 1, 2011 to December 31, and the
period of injury investigation was from January 1, 2007 to December 31, 2011.
III. The scope
of reviewed products
The scope of the products under
the review is the same with as that subject under the anti-dumping measures
announced in Announcement No. 48 of 2007. The tariff line of the investigated
product is 29350030.
IV. Content
of the review
Content of the review is the
possibility of the continuation or recurrence of the dumping and injury caused
by the termination of anti-dumping measures against imported sulfamethoxazole originated from India
V. Procedures
of the review
1. Registration
for responding
Any interested parties can submit
application for responding in the review within 20 days after release 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 the Bureau of
Fair Trade for Imports and Exports subsite
(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. None
registration for responding
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 ruling based on collected facts and best
information available.
3. Rights
of interested parties
If any interested party has
objections regarding the scope of this investigated product, qualifications of
the applicants, investigated country ( or region) 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 interested
parties. Dumping questionnaire is accessible at the Bureau of Fair Trade for
Imports and Exports subsite (http://gpj.mofcom.gov.cn.).
Relevant information of injury questionnaires is accessible at www.cacs.gov.cn.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 agreeing
to verification, and MOFCOM will inform relevant countries, regions and
enterprises in advance.
7. Time
limit for the review
The review will starts on June
15, 2012, and end, in normal cirmstances, by June 15,
2013.
VI. Non-cooperation
According to Article 21 of the
Regulations on Anti-dumping of the People’s Republic of China, 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, or fails to provide necessary information
within a reasonable time period, or seriously obstructs investigation through
other means, the investigating authority can make a ruling based on 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: Chen Rui, Li Guogang
Tel: (8610) 65198740，65198747
Fax: (8610)65198164
Bureau of Industry Injury Investigation, Ministry of Commerce:
Add: No 2 of Dong Chang’an Avenue
Code: 100731
Contact Persons: Zheng Jiang, Xie Ying
Tel: (8610) 65198076，65198180
Fax: (8610) 65197586
Appendix: Reference Format for
Responding Registration of Anti-Dumping investigation