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MOFCOM Announcement No. 2 of 2016 on Initiating an Anti-dumping Investigation into Imports of Distiller's Dried Grains with or without Solubles Originating from the U.S.
2016-02-05   文章来源:

The Ministry of Commerce of the People's Republic of China (hereinafter referred to as the "MOFCOM") received on November 19, 2015 a petition formally filed by the China Alcoholic Drinks Association (hereinafter referred to as the "Petitioner") on behalf of China's distiller's dried grains with or without solubles industry for an anti-dumping investigation into imports of distiller's dried grains with or without solubles originating from the U.S. The MOFCOM has examined, in accordance with relevant provisions of the Anti-dumping Regulations of the People's Republic of China, the qualification of the Petitioner, product in question, similar products in China, impact of the imports in question on domestic industry, and countries (regions) involved.

According to the evidence provided by the Petitioner and the preliminary examination conducted by the MOFCOM, the Petitioner filed such petition as per the resolution and authorization of its members, and the aggregate distiller's dried grains with or without solubles output represented by the Petitioner took up over 50% of the total output of similar products in China in 2012, 2013, 2014 and January to September, 2015, which was in line with the provisions on a petition for an anti-dumping investigation by domestic industry as prescribed in Articles 11 and 13 of the Anti-dumping Regulations of the People's Republic of China.

The petition states that distiller's dried grains with or without solubles originating from the U.S. were exported to China for sale at a price lower than normal value. The Petitioner, according to evidence and information reasonably available, claimed that the product in question constituted significant dumping, after determining in the petition the normal value of the product in question based on the sales prices and structural prices of similar products on the U.S. market and the export price of the product in question based on statistics of China customs and adjusting various factors affecting the price comparability. Meanwhile, the petition states that, as the substantial increase in the quantity of the product in question entering the Chinese market and the overall decline in prices beat down and restrain the prices of similar products in Chinese industry, resulting in ineffective utilization of production capacity of similar products in Chinese industry, substantial rise in inventory, decrease in market share, and continuous negative pre-tax profits and rate of return on investment, there is material injury to the Chinese domestic industry and a causal relationship between dumping of the product in question and material injury to the Chinese domestic industry. Upon examination, the MOFCOM believed that the petition provides contents and relative evidence required for initiating an anti-dumping investigation as prescribed in Articles 14 and 15 of the Anti-dumping Regulations of the People's Republic of China.

According to the above outcome of examination and in accordance with Article 16 of the Anti-dumping Regulations of the People's Republic of China, the MOFCOM decided on January 12, 2016 to initiate an anti-dumping investigation into imports of distiller's dried grains with or without solubles originating from the U.S. And it is hereby announced as follows:

I. Anti-dumping investigation and period of investigation

Upon the release hereof, the MOFCOM initiates an anti-dumping investigation into imports of distiller's dried grains with or without solubles originating from the U.S. The period for dumping investigation is from October 1, 2014 to September 30, 2015, and the period for industry injury investigation is from January 1, 2012 to September 30, 2015.

II. Product in question and investigation scope

Investigation scope: imports of distiller's dried grains with or without solubles originating from the U.S.

Name of the product in question: distiller's dried grains with or without solubles.

Product description: distiller's dried grains with or without solubles are alcohol lees and dried residual liquid obtained after the processing of fermented liquid in the course of alcohol (ethanol) production by way of fermentation from such raw materials as corn and other grains, regardless of whether they contain soluble protein substances or not.

Main use: Distiller's dried grains with or without solubles are mainly used as feed for animals. Formula will be prescribed from distiller's dried grains with or without solubles and other nutrients for feeding poultry, livestock, aquatic products and special animals.

The tariff line of the product is 23033000 under the Customs Import and Export Tariff of the People's Republic of China.

III. Registration for responding

Any interested party responding to the dumping investigation may, within 20 days upon the release hereof, register with the Trade Remedy and Investigation Bureau of the MOFCOM. Any interested party responding to the investigation shall, as per the Reference Format for Responding to Investigation, provide basic identity information and other materials demonstrating the volume and value of exports or imports of the product in question to or from China, the volume and value of similar products produced and sold, and related situations. The Reference Format for Responding to Investigation can be downloaded at the relevant website (see URL below, hereinafter the same).

"Interested parties" as mentioned herein refer to the individuals and organizations as prescribed in Article 19 of the Anti-dumping Regulations of the People's Republic of China.

IV. Access to public information

Any interested party can download at the relevant website, or search, read, transcribe and copy in the Trade Remedy Public Information Reading Room of the MOFCOM (Tel: 0086-10-65197878), the non-confidential text of the petition submitted by the Petitioner. Any interested party can, in the course of investigation, have access to the public information on the case concerned at the relevant website, or search, read, transcribe and copy such information in the Trade Remedy Public Information Reading Room of the MOFCOM.

V. Comments

Any interested party needing to express comments on the product scope, the qualification of the Petitioner, the countries (regions) involved and other relevant issues may, within 20 days as of the date of release hereof, send written comments to the Trade Remedy and Investigation Bureau of the MOFCOM.

VI. Investigating method

According to Article 20 of the Anti-dumping Regulations of the People's Republic of China, the MOFCOM may collect information from relevant interested parties by questionnaires, sampling, hearings, and on-site verification to proceed with the investigation.

In order to obtain the information required for the investigation, the MOFCOM, usually within ten working days as of the date of registration for responding to the investigation as prescribed herein, send questionnaires to foreign exporters or producers and domestic producers and importers involved. Interested parties responding to the investigation may also download questionnaires at the relevant website.

The information inquired in the Questionnaire for Foreign Exporters or Producers Involved in the Anti-dumping Case of Distiller's Dried Grains with or without Solubles includes company structure and operation, the product in question, exports for sale to the Chinese mainland, domestic sales, operational and financial and other relevant information, production costs and relevant expenses, estimated dumping margin, and statements for check. The information inquired in the Questionnaire for Domestic Producers Involved in the Anti-dumping Case of Distiller's Dried Grains with or without Solubles includes company profile, situation of similar products in China, operational and relevant information, financial and relevant information, and other issues required to be stated. The information inquired in the Questionnaire for Domestic Importers Involved in the Anti-dumping Case of Distiller's Dried Grains with or without Solubles includes company profile, trade in the product in question and relevant information.

Interested parties other than those responding to the investigation may directly download the questionnaires at the relevant website or ask the Trade Remedy and Investigation Bureau of the MOFCOM for the same, and complete them as required.

All companies shall submit the questionnaires filled in with complete and accurate answers within the specified time limit. Answers should include all the information as required by the questionnaires.

VII. Submission and disposal of confidential information

An interested party may, if necessary, file a request for keeping confidential the information submitted thereby to the MOFCOM with reasons given. If the MOFCOM renders consent, the interested party applying for confidentiality shall provide the non confidential summary of the confidential information at the same time. The non confidential summary should contain sufficient and meaningful information to enable other interested parties to have a reasonable understanding of the confidential information. If no non confidential summary can be provided, reasons shall be given. If an interested party does not state the need for keeping confidential the information submitted thereby, the MOFCOM will deem such information as public one.

VIII. Consequence of failure to render cooperation

According to Article 21 of the Anti-dumping Regulations of the People's Republic of China, interested parties shall truthfully reflect the situation and provide relevant materials while the MOFCOM is carrying out the investigation. If any interested party does not truthfully reflect the situation or provide relevant materials, or fails to provide necessary information within a reasonable period, or otherwise seriously hinders the investigation, the MOFCOM may make a ruling on the basis of obtained facts and available optimum information.

IX. Investigation period

The investigation shall start on January 12, 2016, and will usually end by January 12, 2017. It may be extended to July 12, 2017 under special circumstances.

X. Contact details of the MOFCOM

Address: No.2 Dong Chang'an Avenue, Beijing, China (100731)

Trade Remedy and Investigation Bureau of the MOFCOM

Tel: 0086-10-65198196, 65198752

Fax: 0086-10-65197590

Relevant websites: Sub-website (http://trb.mofcom.gov.cn) for the Trade Remedy and Investigation Bureau under the website for the MOFCOM

China Trade Remedy Information (http://www.cacs.mofcom.gov.cn)

Ministry of Commerce of the People's Republic of China January 12, 2016 

 

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