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MOFCOM Announcement No. 28 of 2019 on Ruling on Expiry Review of Anti-dumping Measures against Imports of Toluidine Originating in the European Union

MOFCOM released MOFCOM Announcement No. 44 of 2013 on June 27, 2013, and decided to implement the final anti-dumping measures against imports of toluidine originating in the European Union for five years starting from June 28, 2013.

MOFCOM released MOFCOM Announcement No. 48 of 2018 on June 27, 2018 and decided to carry out expiry review investigation into the applicable anti-dumping measures against imports of toluidine originating in the European Union starting from June 28, 2018.

MOFCOM investigated the possibility that the dumping of imports of toluidine originating in the European Union would continue or occur again in the Mainland of China and the possibility that the dumping would continue to cause damage or would again cause damage to the toluidine industry of the Mainland of China if the anti-dumping measures were terminated. In accordance with the investigation results and Article 48 of the Anti-dumping Regulations of the People's Republic of China (hereinafter referred to as the Anti-dumping Regulations), MOFCOM has made a ruling on the review (See the annex). The relevant matters are hereby announced as follows:

I. Ruling

MOFCOM has ruled that the dumping of imports of toluidine originating in the European Union may continue or occur again in the Mainland of China and it may continue to cause damage or may again cause damage to the toluidine industry of the Mainland of China if the anti-dumping measures are terminated.

II. Anti-dumping Measures

In accordance with Article 50 of the Anti-dumping Regulations and the investigation results, MOFCOM suggested continuing to implement the anti-dumping measures to the Customs Tariff Commission of the State Council. According to the suggestion of MOFCOM, the Customs Tariff Commission of the State Council then decided to continue to impose anti-dumping duties on imports of toluidine originating in the European Union for five years starting from June 28, 2019.

The products subject to the anti-dumping duties are the same as the products specified in MOFCOM Announcement No. 44 of 2013. The specific product information is shown in the following:

Chinese name of the product under investigation: 甲苯胺
English name: toluidine
Molecular formula: C7H9N

Physical and chemical properties: Toluidine is usually a colorless or light yellow oily liquid or colorless flaky crystal in appearance. It slightly dissolves in water. It dissolves in ethyl alcohol, diethyl ether and dilute acid. Toluidine has three isomers: o-toluidine, m-toluidine and p-toluidine.

Main applications: Toluidine is usually used as intermediates of dyes, medicines and pesticides. It can also be used as a color developer. In analytic chemistry, it can be used as steeping liquor for obtaining mineral refraction indexes as well as solvents.

The said product is listed under the tariff code of 29214300 in the Customs Import and Export Tariff of the People’s Republic of China. Except toluidine, all the other products under the tariff code are not the products under the investigation.

The rates of the anti-dumping duties to continue to be imposed are the same as those specified in MOFCOM Announcement No. 44 of 2013. The specific rates are shown as follows:
1. LANXESS Deutschland GmbH 19.6%
2. All others 36.9%

III. Methods of Levying Anti-dumping Duties

As of June 28, 2019, when an import operator imports toluidine originating in the European Union, the operator shall pay the corresponding anti-dumping duty to the Customs of the People’s Republic of China. The anti-dumping duty shall be levied by means of ad valorem on the basis of the dutiable value authorized by China Customs, and the calculation formula is: amount of anti-dumping duty = dutiable value authorized by China Customs * rate of anti-dumping duty. The import value-added tax shall be levied by means of ad valorem with the dutiable value authorized by China Customs plus the tariff and anti-dumping duty as the taxable value.

IV. Administrative Reconsideration and Administrative Litigation

According to Article 53 of the Anti-dumping Regulations, any person or organization that refuses to accept the review may apply for administrative reconsideration or initiate litigation to a people's court according to the law.

The announcement shall be implemented as of June 28, 2019.

Ministry of Commerce of the People's Republic of China
June 27, 2019

Translated by Liuzhao



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