In accordance with the "Anti-dumping Regulations of the People's Republic of China", the Ministry of Commerce (hereinafter referred to as the investigation authority) issued an announcement on March 9, 2007, deciding to import acetone from Japan, Singapore, South Korea and Taiwan (hereinafter referred to as Product) conduct anti-dumping investigations. The products under investigation were attributed to the "Import and Export Tariff of the People's Republic of China" tariff code.
The investigation authority investigated whether there was dumping and dumping margins in the products under investigation, whether the products under investigation caused damage and damage to the acetone industry in Mainland China, and the causal relationship between dumping and damage. According to the results of the investigation and the provisions of Article 24 of the Anti-Dumping Regulations of the People's Republic of China, the investigator issued a preliminary announcement on November 22, 2007, stating that there was dumping of imported acetone originating in Japan, Singapore, South Korea, and Taiwan. The domestic industry suffered substantial damage, and there was a causal relationship between dumping and substantial damage.
After the preliminary ruling, the investigating authorities conducted further investigations on dumping and dumping margins, damages and damages. Now that the investigation of the case is over, according to the investigation results of the case, and in accordance with the provisions of Article 25 of the Anti-dumping Regulations of the People's Republic of China, the investigation authority makes the final decision (see Attachment 1). The relevant matters are now announced as follows:
First, the final decision
After investigation, the investigation authority finally ruled that during the investigation period, there was dumping of imported acetone originating in Japan, Singapore, South Korea and Taiwan. The acetone industry in Mainland China was substantially damaged, and there was a causal relationship between dumping and substantial damage.
Second, the imposition of anti-dumping duties and price commitment agreement
According to the relevant provisions of the “Anti-Dumping Regulations of the People's Republic of Chinaâ€, the State Council Tariff Policy Committee decided to impose anti-dumping duties on imported acetone originating in Japan, Singapore, South Korea, and Taiwan starting from June 9, 2008.
The anti-dumping duty levied in this case is acetone (also known as dimethyl ketone, dimethyl ketone, or ketore, wood ketone), English name: Acetone, Dimethyl ketone or 2-Propanone. The product is classified in the "Import and Export Tariff of the People's Republic of China" tariff code 29141100.
Formula:
Chemical Structure:
Physicochemical characteristics: colorless transparent liquid at room temperature, volatile, flammable, aromatic odor, slightly toxic, soluble in water, miscible with water, methanol, ethanol, ether, chloroform and pyridine, etc. Oils, fats, resins and rubber.
Main application: Acetone is mainly used for the manufacture of bisphenol A, methyl methacrylate (MMA), acetone cyanohydrin, methyl isobutyl ketone and other products, and can also be used as an organic solvent for pharmaceuticals, paints, plastics, gunpowder, Resin, rubber, photographic film and other industries.
The anti-dumping tax rates imposed on companies are as follows:
Japanese companies dumping margin
1
Mitsui Chemicals Co., Ltd. 7.2%
2
Mitsubishi Chemical Corporation 12.1%
3
Other Japanese companies 51.6%
Singapore company
1
Mitsui Phenol Singapore 6.7%
2
Other Singapore companies 51.6%
Korean company
1
LG Chemical Co., Ltd. 5.0%
2
Kumho P&B Chemical Co., Ltd. 8.9%
3
Other Korean companies 51.6%
Taiwan company
1
Taiwan Chemical Fiber Co., Ltd. 6.2%
2
Shun Cheong Chemical Industry Co., Ltd. 6.5%
3
Other Taiwan companies 51.6%
Changchun Synthetic Resin Factory Co., Ltd. and the investigating agency signed a price commitment agreement (see Annex 2), which takes effect simultaneously with this final ruling. During the period of implementation of the price commitment agreement, anti-dumping duties shall not be levied on the products under investigation imported from the above-mentioned companies; if there is any violation of the price commitment agreement or other termination price commitment agreement, the anti-dumping tax shall be levied according to the dumping margin of the final award.
Third, the method of imposing anti-dumping duties
Since June 9, 2008, importers importing acetone imported from Japan, Singapore, South Korea, and Taiwan must pay the corresponding anti-dumping duties to the customs of the People's Republic of China. The anti-dumping duty shall be calculated on the basis of the ad valored duty-paid price. The calculation formula is: anti-dumping tax = customs duty-paid price × anti-dumping tax rate. The value-added tax of the import link shall be calculated from the duty-paid price approved by the customs together with the duties and anti-dumping duties as the taxable price.
IV. Retroactive collection of anti-dumping duties
From November 23, 2007 to June 8, 2008 (including June 8th), the relevant importers, based on the initial ruling and the security deposits provided by the Customs of the People's Republic of China, imposed anti-dumping measures as determined by the final ruling. The commodity scope of the tax and the anti-dumping tax rate shall be assessed and converted into anti-dumping duties, and import value-added tax shall be calculated at the corresponding value-added tax rate. During this period, the part of the relevant importers’ margins that exceed the anti-dumping duties, as well as the part of the import value-added tax that has been collected, will be returned by the customs, and the lesser part will not be collected. From November 23, 2007 to June 8, 2008 (including June 8th), the amount of the margin provided by the importing operator when importing the acetone of Changchun Synthetic Resins Co., Ltd. was decided in full. Convert to anti-dumping duty.
Anti-dumping duties will not be levied retrospectively on imports of acetone imported from Japan, Singapore, South Korea and Taiwan before the date of the announcement of the decision to implement the provisional anti-dumping measures.
Fifth, the deadline for anti-dumping duties
Anti-dumping duties are imposed on imported acetone originating in Japan, Singapore, South Korea, and Taiwan. The implementation period is five years from June 9, 2008.
Sixth, review of new exporters
For the above-mentioned new export operators who have not exported the surveyed products to the People's Republic of China within the investigation period mentioned above, if they meet the conditions, they may write to the investigation authority in accordance with Article 47 of the Regulations of the People's Republic of China on Anti-dumping. Apply for review of new exporters.
Seventh, mid-term review
During the period when the anti-dumping tax is levied, the relevant interested party may, in accordance with the provisions of Article 49 of the Anti-dumping Regulations of the People's Republic of China, apply in writing to the investigating authorities for a mid-term review.
VIII. Administrative Reconsideration and Administrative Litigation
In case of dissatisfaction with the final ruling of the case and the decision to impose an anti-dumping tax, according to the provisions of Article 53 of the Anti-dumping Regulations of the People's Republic of China, an application for administrative reconsideration may be filed according to law, and a lawsuit may also be filed in the People's Court according to law.
IX. This announcement will be implemented from June 9, 2008
Special announcement
Annex 1: Final Decision of the Ministry of Commerce of the People's Republic of China on Anti-dumping Investigation of Imports of Acetone from Japan, Singapore, South Korea, and Taiwan
Attachment 2: Price Promise Agreement Between the Ministry of Commerce of the People's Republic of China and Changchun Synthetic Resin Factory Co., Ltd. on Suspension of Anti-dumping Investigation of Acetone
Ministry of Commerce of the People's Republic of China June 8th, 2008
The investigation authority investigated whether there was dumping and dumping margins in the products under investigation, whether the products under investigation caused damage and damage to the acetone industry in Mainland China, and the causal relationship between dumping and damage. According to the results of the investigation and the provisions of Article 24 of the Anti-Dumping Regulations of the People's Republic of China, the investigator issued a preliminary announcement on November 22, 2007, stating that there was dumping of imported acetone originating in Japan, Singapore, South Korea, and Taiwan. The domestic industry suffered substantial damage, and there was a causal relationship between dumping and substantial damage.
After the preliminary ruling, the investigating authorities conducted further investigations on dumping and dumping margins, damages and damages. Now that the investigation of the case is over, according to the investigation results of the case, and in accordance with the provisions of Article 25 of the Anti-dumping Regulations of the People's Republic of China, the investigation authority makes the final decision (see Attachment 1). The relevant matters are now announced as follows:
First, the final decision
After investigation, the investigation authority finally ruled that during the investigation period, there was dumping of imported acetone originating in Japan, Singapore, South Korea and Taiwan. The acetone industry in Mainland China was substantially damaged, and there was a causal relationship between dumping and substantial damage.
Second, the imposition of anti-dumping duties and price commitment agreement
According to the relevant provisions of the “Anti-Dumping Regulations of the People's Republic of Chinaâ€, the State Council Tariff Policy Committee decided to impose anti-dumping duties on imported acetone originating in Japan, Singapore, South Korea, and Taiwan starting from June 9, 2008.
The anti-dumping duty levied in this case is acetone (also known as dimethyl ketone, dimethyl ketone, or ketore, wood ketone), English name: Acetone, Dimethyl ketone or 2-Propanone. The product is classified in the "Import and Export Tariff of the People's Republic of China" tariff code 29141100.
Formula:
Chemical Structure:
Physicochemical characteristics: colorless transparent liquid at room temperature, volatile, flammable, aromatic odor, slightly toxic, soluble in water, miscible with water, methanol, ethanol, ether, chloroform and pyridine, etc. Oils, fats, resins and rubber.
Main application: Acetone is mainly used for the manufacture of bisphenol A, methyl methacrylate (MMA), acetone cyanohydrin, methyl isobutyl ketone and other products, and can also be used as an organic solvent for pharmaceuticals, paints, plastics, gunpowder, Resin, rubber, photographic film and other industries.
The anti-dumping tax rates imposed on companies are as follows:
Japanese companies dumping margin
1
Mitsui Chemicals Co., Ltd. 7.2%
2
Mitsubishi Chemical Corporation 12.1%
3
Other Japanese companies 51.6%
Singapore company
1
Mitsui Phenol Singapore 6.7%
2
Other Singapore companies 51.6%
Korean company
1
LG Chemical Co., Ltd. 5.0%
2
Kumho P&B Chemical Co., Ltd. 8.9%
3
Other Korean companies 51.6%
Taiwan company
1
Taiwan Chemical Fiber Co., Ltd. 6.2%
2
Shun Cheong Chemical Industry Co., Ltd. 6.5%
3
Other Taiwan companies 51.6%
Changchun Synthetic Resin Factory Co., Ltd. and the investigating agency signed a price commitment agreement (see Annex 2), which takes effect simultaneously with this final ruling. During the period of implementation of the price commitment agreement, anti-dumping duties shall not be levied on the products under investigation imported from the above-mentioned companies; if there is any violation of the price commitment agreement or other termination price commitment agreement, the anti-dumping tax shall be levied according to the dumping margin of the final award.
Third, the method of imposing anti-dumping duties
Since June 9, 2008, importers importing acetone imported from Japan, Singapore, South Korea, and Taiwan must pay the corresponding anti-dumping duties to the customs of the People's Republic of China. The anti-dumping duty shall be calculated on the basis of the ad valored duty-paid price. The calculation formula is: anti-dumping tax = customs duty-paid price × anti-dumping tax rate. The value-added tax of the import link shall be calculated from the duty-paid price approved by the customs together with the duties and anti-dumping duties as the taxable price.
IV. Retroactive collection of anti-dumping duties
From November 23, 2007 to June 8, 2008 (including June 8th), the relevant importers, based on the initial ruling and the security deposits provided by the Customs of the People's Republic of China, imposed anti-dumping measures as determined by the final ruling. The commodity scope of the tax and the anti-dumping tax rate shall be assessed and converted into anti-dumping duties, and import value-added tax shall be calculated at the corresponding value-added tax rate. During this period, the part of the relevant importers’ margins that exceed the anti-dumping duties, as well as the part of the import value-added tax that has been collected, will be returned by the customs, and the lesser part will not be collected. From November 23, 2007 to June 8, 2008 (including June 8th), the amount of the margin provided by the importing operator when importing the acetone of Changchun Synthetic Resins Co., Ltd. was decided in full. Convert to anti-dumping duty.
Anti-dumping duties will not be levied retrospectively on imports of acetone imported from Japan, Singapore, South Korea and Taiwan before the date of the announcement of the decision to implement the provisional anti-dumping measures.
Fifth, the deadline for anti-dumping duties
Anti-dumping duties are imposed on imported acetone originating in Japan, Singapore, South Korea, and Taiwan. The implementation period is five years from June 9, 2008.
Sixth, review of new exporters
For the above-mentioned new export operators who have not exported the surveyed products to the People's Republic of China within the investigation period mentioned above, if they meet the conditions, they may write to the investigation authority in accordance with Article 47 of the Regulations of the People's Republic of China on Anti-dumping. Apply for review of new exporters.
Seventh, mid-term review
During the period when the anti-dumping tax is levied, the relevant interested party may, in accordance with the provisions of Article 49 of the Anti-dumping Regulations of the People's Republic of China, apply in writing to the investigating authorities for a mid-term review.
VIII. Administrative Reconsideration and Administrative Litigation
In case of dissatisfaction with the final ruling of the case and the decision to impose an anti-dumping tax, according to the provisions of Article 53 of the Anti-dumping Regulations of the People's Republic of China, an application for administrative reconsideration may be filed according to law, and a lawsuit may also be filed in the People's Court according to law.
IX. This announcement will be implemented from June 9, 2008
Special announcement
Annex 1: Final Decision of the Ministry of Commerce of the People's Republic of China on Anti-dumping Investigation of Imports of Acetone from Japan, Singapore, South Korea, and Taiwan
Attachment 2: Price Promise Agreement Between the Ministry of Commerce of the People's Republic of China and Changchun Synthetic Resin Factory Co., Ltd. on Suspension of Anti-dumping Investigation of Acetone
Ministry of Commerce of the People's Republic of China June 8th, 2008
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