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MOFCOM Announcement No. 36 of 2019 on Ruling on Expiry Review of Anti-dumping Measures Applicable to Imports of Bisphenol A Originating in Japan, South Korea, Singapore and Taiwan Region

Ministry of Commerce of the People’s Republic of China
Announcement
No. 36 of 2019

[Announcement releaser] Ministry of Commerce of the People’s Republic of China
[Announcement number] No. 36 of 2019
[Release date] August 29, 2019

MOFCOM released MOFCOM Announcement No. 68 of 2007 on August 29, 2007, and decided to impose anti-dumping duties on imports of bisphenol A originating in Japan, South Korea, Singapore and Taiwan Region for five years starting from August 30, 2007.

MOFCOM released MOFCOM Announcement No. 96 of 2007 on November 22, 2007, and decided that LG Chem, Ltd. of South Korea would inherit the anti-dumping duty rate of 6.4% applicable to LG Petrochemical Co., Ltd. starting from November 23, 2007.

MOFCOM released MOFCOM Announcement No. 108 of 2009 on December 15, 2009, and decided to reduce the anti-dumping duty rate for LG Chem, Ltd. of South Korea from 6.4% to 4.7% starting from December 15, 2009.

MOFCOM released MOFCOM Announcement No. 55 of 2013 on August 29, 2013, and decided to continue imposing anti-dumping duties on imports of bisphenol A originating in Japan, South Korea, Singapore and Taiwan Region for five years starting from August 30, 2013 according to MOFCOM Announcement No. 68 of 2007, MOFCOM Announcement No. 96 of 2007 and MOFCOM Announcement No. 108 of 2009.

Responding to the application of the bisphenol A industry of the Mainland of China, MOFCOM released MOFCOM Announcement No. 60 of 2018 on August 29, 2018 and decided to start expiry review investigation into the anti-dumping measures applicable to imports of bisphenol A originating in Japan, South Korea, Singapore and Taiwan Region from August 30, 2018.

MOFCOM investigated the possibility that the dumping of imports of bisphenol A originating in Japan, South Korea, Singapore and Taiwan Region 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 bisphenol A 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 bisphenol A originating in Japan, South Korea, Singapore and Taiwan Region may continue or occur again in the Mainland of China and it may continue to cause damage or may again cause damage to the bisphenol A 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 bisphenol A originating in Japan, South Korea, Singapore and Taiwan Region for five years starting from August 30, 2019.

The products subject to the anti-dumping duties are the same as the products specified in MOFCOM Announcement No. 68 of 2007, MOFCOM Announcement No. 108 of 2009 and MOFCOM Announcement No. 55 of 2013. The specific product information is shown in the following:

The products to be investigated: imports of bisphenol A originating in Japan, South Korea, Singapore and Taiwan Region

English name: bisphenol-A or bisphenol A (BPA for short)
Chemical formula: C15H16O2
Structural formula:

Physical and chemical properties: Bisphenol A is an organic chemical product produced when the two raw materials - phenol and acetone - react under the action of catalyst. In appearance, it is usually a white solid at normal temperature and assumes different shapes such as powder, particles, crystals and flakes.

Main applications: Bisphenol A can be used to produce high polymer materials such as epoxy resin, polycarbonate, polysulfone resin, unsaturated phenolic resin and polyetherimide. It can also be used to produce heat stabilizer for PVC, plasticizer, rubber aging inhibitor, agricultural germicide, paint, ultraviolet light absorber, etc..

The said product is listed under the tariff code of 29072300 in the Customs Import and Export Tariff of the People’s Republic of China. Except bisphenol A, all the other products under the tariff code are not the products to be investigated.

The rates of the anti-dumping duties to continue to be imposed are the same as those specified in MOFCOM Announcement No. 68 of 2007, Announcement No. 96 of 2007, MOFCOM Announcement No. 108 of 2009 and MOFCOM Announcement No. 55 of 2013. The specific rates are shown as follows:

Japanese companies
1. Mitsui Chemicals, Inc. 6.1% 2. Mitsubishi Chemical Corporation 7.9%
3. All others 37.1%

South Korean companies
1. KUMHO P&B CHEMICALS, INC. 5.8%
2. LG Chem, Ltd. 4.7%
3. All others 37.1%

Singaporean companies
1. MITSUI PHENOLS SINGAPORE PTE. LTD. 5.0%
2. All others 37.1%

Companies of Taiwan Region
1. Nan Ya Plastics Corporation 6.0%
2. CHANG CHUN PLASTICS CO., LTD. 6.0%
3. Taiwan Prosperity Chemical Corporation) 5.3%
4. All others 37.1%

III. Methods of levying anti-dumping duties

As of August 30, 2019, when an import operator imports bisphenol A originating in Japan, South Korea, Singapore and Taiwan Region, 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 in proportion to 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 in proportion to the taxable value - the sum of the dutiable value authorized by China Customs, the tariff and the anti-dumping duty.

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 decision may apply for administrative reconsideration or initiate litigation to a people's court according to the law.

The announcement shall be implemented as of August 30, 2019.

Annex: Ruling of MOFCOM on Expiry Review of Anti-dumping Measures Applicable to Imports of Bisphenol A Originating in Japan, South Korea, Singapore and Taiwan Region

Ministry of Commerce of the People's Republic of China
August 29, 2019

Translated by Liu Zhao



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