Ministry of Commerce Notice No. 68 of 2011, originating in the European Union and the United States on imports of caprolactam final determination of anti-dumping investigation

[Issued by the Ministry of Commerce]
[Document number] issued Notice No. 68 of 2011
【Date】 2011-10-18

Under the "Anti-dumping Regulations" (hereinafter referred to as "anti-dumping") provides that the Ministry of Commerce (hereinafter referred to as investigating authorities) on April 22, 2010 officially issued the notice of decision originating in the EU and U.S. imports of caprolactam (hereinafter referred to as the investigated products) anti-dumping investigation. The investigated products classified in the "Republic of China Import and Export Tariff" Tariff No.: 29337100.

Investigating authorities are investigating whether the product dumping and dumping margin, the domestic caprolactam industry is compromised and the extent of damage and the causal link between dumping and injury relationship was investigated. According to the survey results and the "anti-dumping" provisions of Article 24, January 24, 2011, the investigating authorities released the preliminary announcement, initially determined that originating in the EU and U.S. dumping of imports of caprolactam, the Chinese industry has been substantial damage to caprolactam , between the dumping and material injury and causal relationship.

Preliminary ruling, the investigating authorities and the dumping margin of dumping, injury and damage and the causal link between dumping and injury relationship was further investigated. Completion of the investigation is the case, based on "anti-dumping" provisions of Article 25, the investigating authorities to make a final determination (see annex). The relevant matters are announced as follows:

First, the final determination

After investigation, the investigating authorities eventually ruled in this case the survey period, originating in the EU and U.S. dumping of imports of caprolactam, substantial damage to China's domestic industry, dumping and material injury and causal relationship between.

Second, anti-dumping duties

According to "anti-dumping" provisions of Article 38, the Ministry of Commerce of the State Council Tariff Commission to impose anti-dumping tax, the State Council Tariff Commission under the Ministry of Commerce of the proposed decision, since October 22, 2011, the originating EU imports of caprolactam and the United States anti-dumping duties.

Anti-dumping duties case of products classified in the "Republic of China Import and Export Tariff": 29337100, described as follows:

Scope of the investigation: originating in the EU and U.S. imports of caprolactam.

Investigated product name: caprolactam, English name: Caprolactam (referred to as CPL).



Physical and chemical characteristics: caprolactam at room temperature is generally white flakes, under certain conditions, but also showed a liquid state, a weak irritating odor. Caprolactam hygroscopic solid, hand sexy touch of oil, soluble in water, soluble in alcohol, ether, acetone, chloroform and benzene and other organic solvents.

Main purposes: mainly for the production of caprolactam, nylon 6 chips, and further for the production of nylon 6 fiber and nylon 6 engineering plastics, widely used in wool spinning, knitting, weaving, fishing, tires, plastics, films and composite materials and other fields .

Of the company's anti-dumping duties imposed are as follows:

EU companies
1. DSM Fibre Intermediates
(DSM Fibre Intermediates BV) 2.3%
2. Belgian company LANXESS
(LANXESS NV) 3.4%
3. Ube Chemical Europe Ltd
(UBE CHEMICAL EUROPE, SA) 2.6%
4. BASF Antwerp
(BASF ANTWERPEN NV) 3.1%
5. Road silent Ltd.
(DOMO Caproleuna GmbH) 3.2%
6. 波兰阿佐提 Napolitano AG
(Zaklady Azotowe w Tarnowie-Moscicach SA) 4.9%
7. 波兰普瓦维 AG
(Zaklady Azotowe "Pulawy" SA) 4.4%
8. Other European companies
(All others) 25.5%
U.S. companies
1. DSM Chemicals North America, Inc.
(DSM Chemicals North America, Inc.) 2.2%
2. Honeywell Resins and Chemicals CO., LTD
(Honeywell Resins & Chemicals LLC) 3.6%
3. BASF USA
(BASF Corporation) 2.5%
4. Other U.S. companies
(All others) 24.2%

Third, the method of levying anti-dumping duties

Since October 22, 2011, the import operator imports originating in the EU and U.S. imports of caprolactam, the China Customs shall pay the corresponding anti-dumping duties. Anti-dumping duties paid to Customs examination of the price of ad valorem, calculated as follows: anti-dumping duty = price after customs duty × anti-dumping duties. Import VAT to the customs duty paid prices, combined with validation of the anti-dumping tariffs and taxes as the price of ad valorem tax.

Fourth, the anti-dumping duty levied retroactively

For self-January 25, 2011 until October 21, 2011 (inclusive) only, the import operation held liable preliminary decision provided to the China Customs bond, as determined by the final ruling to impose anti-dumping duties range of goods and anti-dumping duties levied and to anti-dumping duties, value-added tax levied according to the corresponding import VAT. During this period the import margin provided by the operator beyond the part of anti-dumping duties, and the resulting multi-part levy import VAT, Customs shall be refunded, less intrinsic part is no longer levied.

Implementation of the provisional anti-dumping measures on the announcement of the decision before the origin of imports in the EU and U.S. imports of caprolactam is no longer anti-dumping duties retroactively.

Fifth, the duration of anti-dumping duties

Originating in the EU and U.S. imports of caprolactam anti-dumping duties, the implementation period from October 22, 2011 from 5 years.

6, the new exporter review

For the European Union and the United States during the survey period was not investigated products exported to the Republic of China's new export business operators meet the requirements, can be based on "anti-dumping" provisions of Article 47, apply in writing to the investigating authorities a new exporter review.

Seven, mid-term review

During the anti-dumping duties, the interested parties under the "anti-dumping" provisions of Article 49, apply in writing to the mid-term review of the investigating authorities.

Eight, the administrative reconsideration and administrative litigation

The final ruling on the case and impose anti-dumping duty against the decision, according to "anti-dumping" provisions of Article 53, may apply for administrative reconsideration according to law to the people's court.

Nine, the announcement from the October 22, 2011 from the Executive

Appendix: Ministry of Commerce of the People's Republic of origin in EU and U.S. anti-dumping investigation of imports of caprolactam final determination