The final ruling on anti-dumping investigation of imported caprolactam

[Release unit] Ministry of Commerce of the People's Republic of China [Published Document] Announcement No. 68 of 2011 [Published Date] 2011-10-18

Pursuant to the "Anti-dumping Regulations of the People's Republic of China" (hereinafter referred to as the "Anti-dumping Regulations"), the Ministry of Commerce (hereinafter referred to as the investigation authority) officially issued an announcement on April 22, 2010, deciding to import caprolactam from the European Union and the United States. (Hereinafter referred to as the surveyed product) conduct anti-dumping investigation. The surveyed product was 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 investigated products, whether the domestic caprolactam industry was damaged or damaged, 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, on January 24, 2011, the investigation authority issued preliminary announcements and initially held that imported caprolactam originating in the European Union and the United States was dumped. China's caprolactam industry has suffered Damage, and there is a causal relationship between dumping and substantial damage.
After the preliminary ruling, the investigating authorities conducted further investigations into the causal relationship between dumping and dumping margins, the extent of damage and damage, and dumping and damage. At the conclusion of the investigation, the investigating authority made a final ruling in accordance with Article 25 of the Anti-dumping Regulations (see Annex). The relevant matters are now announced as follows:

First, the final ruling After investigation, the investigation authority finally ruled that imported caprolactam originating in the EU and the United States was dumped during the investigation period of this case, and the Chinese domestic industry suffered substantial damage, and there was a causal relationship between dumping and substantial damage.

II. Anti-dumping duties levied According to the provisions of Article 38 of the Anti-dumping Regulations, the Ministry of Commerce proposes anti-dumping duties to the Customs Tariff Commission of the State Council. The Customs Tariff Commission of the State Council makes a decision based on the recommendations of the Ministry of Commerce since October 2011. Starting from the day, anti-dumping duties are imposed on imported caprolactam originating in the EU and the United States.
The products subject to anti-dumping duties in this case are attributed to the "Import and Export Tariff of the People's Republic of China" and are specifically described as follows:
Scope of investigation: Imported caprolactam originating in the European Union and the United States.
Product name under investigation: caprolactam, English name: Caprolactam (referred to as CPL).
Physico-chemical characteristics: Caprolactam is generally a white flake solid at room temperature and can be in a liquid state under certain conditions with a slight irritating odor. Solid caprolactam is easy to absorb moisture, and it is oily and oily in hand, soluble in water, and soluble in organic solvents such as ethanol, **, **, chloroform and benzene.
Main application: Caprolactam is mainly used to produce nylon 6 slices, and is further used in the production of nylon 6 fiber and nylon 6 engineering plastics. It is widely used in wool spinning, knitting, weaving, fishery, tires, engineering plastics, films and composite materials, etc. .

The anti-dumping tax rates imposed on companies are as follows:
EU company 1. DSM Fibre Intermediates B (V.) 2.3%
2. LANXESS NV 3.4%
3. Ube Chemical Europe Co., Ltd. (UBE CHEMICAL EUROPE, S.A) 2.6%
4. BASF Antwerp N.V., 3.1%
5. DOMO Caproleuna GmbH 3.2%
6. Zaklady Azotowe w Tarnowie-Moscicach S.A. 4.9%
7. Poland Zaklady Azotowe “Pulawy” S.A. 4.4%
8. 25.5% of other U.S. companies (All others)
American company 1. DSM Chemicals North America, Inc. 2.2%
2. Honeywell Resins & Chemicals LLC 3.6%
3. BASF Corporation 2.5%
4. Other US companies 24.2%

Third, the method of imposing anti-dumping duties Since October 22, 2011, import managers importing caprolactam originating in the EU and the United States should 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, calculated according to the formula: anti-dumping duty = 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.

4. The retroactive levying of anti-dumping duties shall be effected from January 25, 2011 to October 21, 2011 (inclusive) on the basis of the initial ruling of the relevant importer, and the deposit provided by the Customs of the People's Republic of China shall be determined according to the final ruling. The scope of the anti-dumping duties and the anti-dumping tariff 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.
The imported caprolactam from the European Union and the United States imported before the date of the announcement of the decision to implement the provisional anti-dumping measures will no longer be subject to retroactive anti-dumping duties.

V. Anti-dumping Duty Levy The anti-dumping duty will be levied on imported caprolactam originating in the EU and the United States. The implementation deadline is 5 years from October 22, 2011.

6. New exporters reexamination New export operators who have not exported the surveyed products to the People's Republic of China within the investigation period by the EU and the United States may, if they meet the conditions, be referred to the investigation authority according to Article 47 of the Anti-dumping Regulations. Written application for review of new exporters.

VII. During the mid-term review During the period of imposing anti-dumping duties, the interested party may, in accordance with the provisions of Article 49 of the Anti-dumping Regulations, apply to the investigating authorities in writing for a mid-term review.

8. If the administrative reconsideration and administrative litigation are not satisfied with the final ruling of the case and the anti-dumping duty, according to the provisions of Article 53 of the Anti-dumping Regulations, an application for administrative reconsideration may be filed according to law, and a lawsuit may also be filed with the people's court according to law.

IX. This announcement will be implemented on October 22, 2011, the Ministry of Commerce of the People's Republic of China, October 21, 2011.

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