Issued by: Ministry of Commerce of the People’s Republic of China
Announcement No. 56, 2013
Date of Issuance: August 26, 2013
On August 29, 2010, Ministry of Commerce of the People’s Republic of China (hereinafter referred to as the Ministry of Commerce) issued annual Announcement No. 52, deciding to impose countervailing duties on imports of white feather broilers originated in the U.S. The countervailing duty rate applicable to Perdue Farms Incorporated was 7.4%; on September 26, 2010, the Ministry of Commerce issued an annual Announcement No. 51, deciding to levy anti-dumping duties on imports of white feature broilers originated in the U.S. The anti-dumping duty rate applicable to Perdue Farms Incorporated was 51.8%.
On June 3, 2013, Perdue Foods LLC filed an application to the Ministry of Commerce, requesting to succeed to the rights and obligations of original Perdue Farms Incorporated in the anti-dumping and countervailing measures against white feather broilers, and submitted relevant evidentiary materials such as the merger agreements, the resolutions of board of directors, the registration documents, the articles of associations, the list of board of directors, the list of raw material providers, list of manufacturing equipment, list of customers, production capacity and volume before and after merger and renaming, relevant notarial documents and the certification documents from China’s Embassy in the U.S.
The Ministry of Commerce notified China Animal Agriculture Association, the petitioner of the original anti-dumping and countervailing cases of the above-mentioned matters, which did not raise any objection with respect to the succession of the anti-dumping and countervailing duty rates of Perdue Farms Incorporated by Perdue Foods LLC within specified time.
Upon examination, the Ministry of Commerce believes that, the existing evidentiary materials prove the merger of Perdue Farms Incorporated by Perdue Farms LLC on September 27, 2012; Perdue Farms LLC was renamed Perdue Foods LLC on October 23, 2012. The operation management, manufacturing equipment, supply of raw materials, sales channel and client base in connection with products under investigation remain unchanged before and after such merger and renaming.
Therefore, the Ministry of Commerce decides that:
1. Perdue Foods LLC succeeds to the rights and obligations of original Perdue Farms Incorporated in the anti-dumping and countervailing measures against white feather broilers, and the anti-dumping and countervailing duty rates applicable to the products under investigation exported to China are 51.8% and 7.4%.
2. For products that are exported to China in the name of Perdue Farms Incorporated, the anti-dumping duty rate of 105.4% and countervailing duty rate of 30.3% applicable to the other U.S. companies shall be imposed.
This Announcement shall take effect as of August 27, 2013.
Ministry of Commerce of the People’s Republic of China
August 26, 2013