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Announcement of the Ministry of Commerce No. 100 of 2018 on the Final Ruling on the Anti-dumping Investigation against Imports of Butanol from Taiwan, Malaysia and the United States
According to the "Anti-dumping Regulations of the People's Republic of China" (hereinafter referred to as the "Anti-dumping Regulations"), on December 29, 2017, the Ministry of Commerce (hereinafter referred to as the investigating authority) issued No. 83 of 2017 and decided to Anti-dumping investigations into n-butanol imports from Malaysia and the United States.
The investigating authorities investigated whether there was dumping and the extent of dumping of the products under investigation, whether the products under investigation caused damage to the Chinese mainland industry and the extent of the damage, and the causal relationship between dumping and damage. According to the results of the investigation and Article 24 of the Anti-dumping Regulations, on September 3, 2018, the investigating authority issued a preliminary ruling announcement, which initially identified the existence of dumping of n-butanol originating in Taiwan, Malaysia and the United States. China The n-butanol industry in China has suffered substantial damage, and there is a causal relationship between dumping and substantial damage. The investigating authorities have decided to implement temporary anti-dumping measures in the form of a deposit from September 4, 2018.
After the preliminary ruling, the investigating authorities continued to investigate the extent of dumping and dumping, the extent of damage and damage, and the causal relationship between dumping and damage. The investigation in this case is now concluded. According to the provisions of Article 25 of the Anti-dumping Regulations, the investigating authority has made a final ruling (see the annex). The relevant matters are announced as follows:
I. Final Ruling
The investigating authority finally ruled that there was dumping of the imported n-butanol originating in Taiwan, Malaysia and the United States, and the n-butanol industry in mainland China suffered substantial damage, and there was a causal relationship between the dumping and the substantial damage.
Collection of anti-dumping duties
According to Article 38 of the "Anti-dumping Regulations", the Ministry of Commerce proposed anti-dumping duties to the State Council Customs Tariff Commission, and the State Council Customs Tariff Commission made a decision based on the recommendations of the Ministry of Commerce. Anti-dumping duties are imposed on imports of n-butanol from Taiwan, Malaysia and the United States.
The specific descriptions of the products surveyed are as follows:
Scope of investigation: imports of n-butanol originating from Taiwan, Malaysia and the United States
Name of the product under investigation: n-butanol, also known as 1-butanol, propanol, tyrosol
English name: Butan-1-ol, also known as 1-Butanol, N-Butanol, N-Butyl Alcohol
Chemical formula: CH3 (CH2) 3OH
Physical and chemical characteristics: n-butanol is an organic chemical product, which is usually a colorless transparent liquid in appearance, has a wine odor, is flammable, is slightly soluble in water, and is miscible with many other organic solvents such as ethanol and ether.
Main use: n-butanol is an important organic chemical raw material, mainly used in the production of butyl acrylate, butyl acetate, dibutyl phthalate, butylamine, ethylene glycol monobutyl ether and other downstream products, widely used in coatings , Adhesives, textile auxiliaries, plasticizers and other fields. N-butanol is also an extractant for oils and fats, biochemicals and fragrances, an additive for alkyd resin coatings, and also used in the manufacture of surfactants. At the same time, n-butanol is also an excellent organic solvent.
This product is classified under the "Import and Export Tariff of the People's Republic of China": 29051300.
The anti-dumping tax rates imposed on companies are as follows:
Companies in Taiwan:
1. Taiwan Plastic Industry Co., Ltd. 6.0% (FORMOSA PLASTICS CORPORATION)
2. Other Taiwan companies 56.1% (All Others) Malaysia companies:
1. PetroChina Petrochemical Derivatives Company / Ma Petrochemical Marketing (Labuan) Co., Ltd. 12.7%
(PETRONAS CHEMICALS DERIVATIVES SDN BHD) / (PETRONAS CHEMICALS MARKETING (LABUAN) LTD)
(The tax rate is only applicable to the products sold by Sinopec Petrochemical Derivatives Co., Ltd. exported and sold by China Petrochemical Marketing (Labuan) Co., Ltd.)
2.BASF Petronas Malaysia Pte Ltd 26.7%
(BASF PETRONAS Chemicals Sdn Bhd)
3.Albertimo Malaysia Chemical Company 26.7%
(Optimal ChemicalsSdn Bhd)
4.Other Malaysian companies 26.7%
1. Eurasia Corporation 52.2% (OXEA CORPORATION)
2. Eastman Chemical Company 139.3% (Eastman Chemical Company)
3. Dow Chemical Company 139.3% (The Dow Chemical Company)
4. BASF Corporation 139.3% (BASF Corporation)
5. Other US companies 139.3% (All Others)
Methods of Levying Anti-dumping Duties
From December 29, 2018, import operators shall pay corresponding anti-dumping duties to the customs of the People's Republic of China when importing n-butanol originating in Taiwan, Malaysia and the United States. Anti-dumping tax is levied at the customs-paid value-added price. The calculation formula is: anti-dumping tax amount = customs duty-paid price × anti-dumping tax rate. The import value-added tax is levied ad valorem by paying the customs-approved price plus customs and anti-dumping duties as the taxable price.
4. Retroactive collection of anti-dumping duties
From September 4, 2018 to December 28, 2018, the deposit provided by the relevant import operators to the customs of the People ’s Republic of China in accordance with the preliminary ruling announcement shall be subject to the scope of the anti-dumping duties and the anti-dumping tax rate determined by the final ruling. Calculate and convert to anti-dumping tax, and levy import VAT at the corresponding VAT rate. During this period, the portion of the deposit provided by the import operator in excess of the anti-dumping tax, and the portion of the value-added tax of the import link, which was levied, will be refunded by the customs, while the portion levied less will not be levied.
Anti-dumping duties are not retroactively imposed on n-butanol imported from Taiwan, Malaysia and the United States before September 3, 2018 (including the same day).
V. Duration of Anti-dumping Duties
The implementation period of anti-dumping duties on n-butanol originating in Taiwan, Malaysia and the United States will be five years from December 29, 2018.
Review of new exporters
For new export operators who have not exported the products under investigation to the People's Republic of China during the investigation period in Taiwan, Malaysia and the United States, if they meet the requirements, they can apply to the investigation authority in writing for new exporters in accordance with Article 47 of the Anti-dumping Regulations. review.
7. Periodic review
During the period when anti-dumping duties are levied, relevant interested parties may, in accordance with the provisions of Article 49 of the Anti-dumping Regulations, apply to the investigating authority for a written review during the period.
Administrative review and administrative litigation
If you disagree with the final ruling of this case and the decision to levy anti-dumping duties, you can apply for administrative reconsideration in accordance with the provisions of Article 53 of the "Anti-dumping Regulations," and you can also file a lawsuit in a people's court.
This announcement will be implemented from December 29, 2018.