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MOFCOM Announcement No. 33 of 2019 on Filing Anti-dumping Investigation into Imports of 3-Cresol Originating in the United States, the EU and Japan

Ministry of Commerce of the People’s Republic of China
Announcement
No. 33 of 2019

The Ministry of Commerce of the People's Republic of China (MOFCOM) received, on June 20, 2019, an application for anti-dumping investigation formally submitted by Anhui Haihua Chemical Technology Co., Ltd. (hereinafter referred to as “the Applicant") on behalf of the domestic 3-cresol industry. The Applicant requested MOFCOM to file an anti-dumping investigation into imports of 3-cresol originating in the United States, the EU and Japan. In accordance with the relevant provisions of the Anti-dumping Regulations of the People's Republic of China, MOFCOM examined the qualification of the Applicant, the relevant situation of the product in question, the relevant situations of the products of the same kind in China, the impact of the product in question on the domestic industry and the relevant situations of the countries involved.

According to the evidences provided by the Applicant and the preliminary examination of MOFCOM, the 2016, 2017 and 2018 annual 3-cresol outputs of the Applicant respectively accounted for more than 50% of the 2016, 2017 and 2018 annual 3-cresol outputs of China, which conforms to the provisions of Article 11 and Article 13 of the Anti-dumping Regulations of the People's Republic of China on the application of a domestic industry for an anti-dumping investigation. Meanwhile, the application included the contents and evidences that were necessary to filing an anti-dumping investigation according the provisions of Article 14 and Article 15 of the Anti-dumping Regulations of the People's Republic of China.

In accordance with the above-mentioned examination results and Article 16 of the Anti-dumping Regulations of the People's Republic of China, MOFCOM has decided to file an anti-dumping investigation into imports of 3-cresol originating in the United States, the EU and Japan starting from July 29, 2019. The relevant matters are hereby announced as follows:

I. Filing of Investigation and Investigation Period

As of the issue date of the Announcement, MOFCOM will file an anti-dumping investigation into imports of 3-cresol originating in the United States, the EU and Japan. The dumping investigation period determined for the investigation is from January 1, 2018 to December 31, 2018, and the industrial damage investigation period is from January 1, 2016 to December 31, 2018.

II. Product under investigation and scope of investigation

Scope of investigation: imports of 3-cresol originating in the United States, the EU and Japan.

Chinese name of the product under investigation: 間甲酚, also called 間甲基苯酚.

English name: m-Cresol, meta-Cresol, 3-Cresol or 3-Methyphenol

Chemical formula: C7H8O
Chemical structural formula:

Physical and chemical properties: 3-cresol is a colorless or light yellow liquid with a 3-cresol odor at a normal temperature. It slightly dissolves in water. It can dissolve in some solvents such as ethyl alcohol, diethyl ether and sodium hydroxide. It is combustible.

Main applications: 3-cresol is an important fine chemical product. It can be used to produce vitamin E, fenitrothion, fenthion, permethrin, antioxygen CA, dye DPA, resin plasticizer, developing agents such as pressure-sensitive fuel, thymol, menthol, etc. It is widely applied in many fields such as medicine, pesticides, antioxidants, dye, spices, bactericides and mold inhibitors.

The said product is listed under the tariff code of 29071211 in the Customs Import and Export Tariff of the People’s Republic of China.

III. Registration for the investigation

Any stakeholders may register with the Trade Remedy and Investigation Bureau of the Ministry of Commerce for this anti-dumping investigation within 20 days after the issue date of the Announcement. The stakeholders participating in the investigation are required to provide their basic identity information based on the Reference Format of the Registration for the Investigation and the explanatory materials including the quantity and amount of the product investigated in the case of exports to China or the import case, the quantities and amounts of the products of the same kind produced and sold and the other relevant situations. The Reference Format of the Registration for the Investigation can be downloaded from the relevant website (URL attached below, similarly hereinafter).

The stakeholders in the Announcement refer to the individuals and organizations defined in Article 19 of the Anti-dumping Regulations of the People's Republic of China.

IV. Public information

The stakeholders can download from the related websites, or go to the MOFCOM Trade Remedy Public Information Office (Tel: 0086-10-65197878) to search, read, transcribe and copy the non-confidential version of the application submitted by the Applicant. In the process of investigation, the stakeholders can refer to public information about the case through the relevant websites, or search, read, transcribe and copy the public information about the case in the MOFCOM Trade Remedy Public Information Office.

V. Comments

If any stakeholder needs to comment on the product scope under investigation, the qualification of the Applicant, the investigated countries (regions) and other related questions, the stakeholder may submit its comments in written form to the Trade Remedy and Investigation Bureau of the Ministry of Commerce within 20 days after the issue date of the Announcement.?
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VI. Investigation methods

In accordance with Article 20 of the Anti-dumping Regulations of the People's Republic of China, MOFCOM may get information on the related situations from the stakeholders by conducting questionnaire surveys, sampling, hearing, on-site verification, etc. and carry out the investigation.

In order to obtain the information required for the investigation of this case, MOFCOM usually issues questionnaires to the foreign exporters or manufacturers, domestic manufacturers and domestic importers involved in the case within 10 working days from the deadline for registering for the investigation as prescribed herein. The stakeholders that have registered for the investigation can download the questionnaires from the relevant websites.

The information that the Questionnaire for Foreign Exporters or Manufacturers on the 3-Cresol Anti-dumping Case aims to obtain includes the corporate structure, operation, investigated products, sales of exports to China (mainland), domestic sales, business operation, finance and other relevant information. The information also includes the production cost, relevant expense, estimated dumping margin, check list and other contents. The information that the Questionnaire for Domestic Manufacturers on the 3-Cresol Anti-dumping Case aims to obtain includes the basic corporate conditions, the situations of the domestic products of the same kind, the business operation information, the financial information and the other relevant information. The information that the Questionnaire for Domestic Importers on the 3-Cresol Anti-dumping Case aims to obtain includes the basic corporate conditions, the investigated product trade and the other relevant information.

The stakeholders who have not registered for the investigation can directly download the above-mentioned questionnaires from the relevant websites or go to the Trade Remedy and Investigation Bureau of the Ministry of Commerce and ask for the above-mentioned questionnaires. They shall complete the questionnaires according to the requirements.

All the companies shall submit their complete and accurate answer sheets within the specified time period. The answer sheets shall include all the information requested in the questionnaires.

VII. Submission and processing of confidential information

If it is necessary to keep confidential the information submitted to the Ministry of Commerce by a stakeholder, the said stakeholder may make a request to the Ministry of Commerce for confidential treatment of relevant information and the stakeholder shall give reason for it. If the Ministry of Commerce agrees to the said request, the stakeholder applying for confidential treatment shall provide the non-confidential summary of the said confidential information. The non-confidential summary shall include full and meaningful information, so that the other stakeholders can reasonably understand the confidential information. If the non-confidential summary cannot be provided, the stakeholder applying for confidential treatment shall give reason for it. If a stakeholder does not state that the information submitted by the stakeholder should be kept confidential, the Ministry of Commerce will deem the said information as public information.
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VIII. Consequences of non-cooperation

According to Article 21 of the Anti-dumping Regulations of the People’s Republic of China, when MOFCOM makes investigations, the stakeholders shall faithfully reflect the situations and provide the relevant materials. If a stakeholder fails to faithfully reflect the situations or provide necessary information, or fails to provide necessary information within a reasonable time, or seriously impedes an investigation in any other way, MOFCOM may give a ruling according to available facts and attainable best information.

IX. Investigation period

The investigation starts from July 29, 2019 and generally ends before July 29, 2020. In some special circumstance, the deadline may be extended to January 29, 2021.

X. Contact of MOFCOM

Address: No. 2 Dong Chang'an Avenue, Beijing, China
Postcode: 100731
Trade Remedy and Investigation Bureau of the Ministry of Commerce
Tel: 0086-10-65198924, 65198760
Fax: 0086-10-65198172

Relevant websites: sub-website of the Trade Remedy and Investigation Bureau of the Ministry of Commerce (http://trb.mofcom.gov.cn)
China Trade Remedies Information Website (http://www.cacs.mofcom.gov.cn)

Ministry of Commerce of the People’s Republic of China
July 29, 2019

Translated by Liuzhao


(All information published in this website is authentic in Chinese. English is provided for reference only. )

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