Issued by: Ministry of Commerce of the People’s Republic of China
Announcement No. 38, 2013
Date of Issuance: June 14, 2013
On June 15, 2007, the Ministry of Commerce released annual Announcement No. 48, deciding to levy anti-dumping duties against imports of sulfamethoxazole originated in India for a period of 5 years from June 16, 2007.
On August 16, 2012, the Ministry of Commerce released annual Announcement No. 50 on the ruling on interim review of anti-dumping, deciding to adjust the anti-dumping duty rate applicable to imports of sulfamethoxazole originated in India for implementation as of August 17, 2012.
On June 15, 2012, the Ministry of Commerce released annual Announcement No. 33, deciding to conduct expiry review investigations into the anti-dumping measures applicable to imports of sulfamethoxazole originated in India.
The review scope covers the products under the original anti-dumping measures, and is the same as that in MOFCOM Announcement No. 48 of 2007. The products are included under the tariff number: 29350030 in the Customs Import and Export Tariff of the People’s Republic of China.
The Ministry of Commerce conducted investigation into the possibilities of continuation and reoccurrence of dumping and injury in case of terminating the original anti-dumping measures, and submitted proposals on maintaining the original anti-dumping measures to Customs Tariff Commission of the State Council, based on findings of the investigation.
In accordance with Article 50 of the Regulations of the People’s Republic of China on Anti-dumping and the decision of the Customs Tariff Commission of the State Council, relevant matters are hereby announced as follows:
I. Ruling
The Ministry of Commerce ruled that dumping of imports of sulfamethoxazole originated in India to China may reoccur, and the material injury to the industry of Mainland China caused by imports of sulfamethoxazole originated in India may continue if the original anti-dumping measures were terminated.
II. Anti-dumping Measures
The anti-dumping duties will be levied for a period of 5 years from June 16, 2013 in accordance with the taxation coverage and anti-dumping duty rates released in Announcement No. 48 of 2007 and No. 50 of 2012 by the Ministry of Commerce.
III. Methods of Anti-dumping Duties Levy
Importers shall pay related anti-dumping duties to the Customs of the People’s Republic of China when importing sulfamethoxazole from India as of June 16, 2013. The anti-dumping duty shall be collected ad valorem on the basis of dutiable value authorized by Chinese Customs. The formula is: Anti-dumping duty= dutiable value authorized by the Customs x anti-dumping duty rate. Import VAT shall be collected ad valorem on the basis of dutiable value authorized by the Customs plus customs duty plus anti-dumping duty.
IV. Administrative Reconsideration and Administrative Litigation
Where any party refuses to accept the review, it may, in accordance with Article 53 of the Regulations of the People’s Republic of China on Anti-dumping, apply for administrative reconsideration or institute legal proceedings in the people’s court.
V. The Announcement shall come into force as of June 16, 2013.
Ministry of Commerce of the People’s Republic of China
June 14, 2013