Main purposes: broiler products are basically used as food and beverage products for human beings in domestic market and are usually sold to consumers directly or indirectly through wholesale or retail in the farmers' markets, supermarkets and etc.. 

The product is listed under tariff numbers of 02071100, 02071200, 02071311, 02071319, 02071321, 02071329, 02071411, 02071419, 02071421, 02071422, 02071429 and 05040021 in the Customs Import and Export Tariff of the People’s Republic of China. Chicken wings can be subdivided into whole wings, wing roots, wing middle joints, two-joint wings and wing tips. Whole wing refers to the part of chicken wings that is divided from the whole chicken along the shoulder joint, also called the three-joint wing; wing root refers to the part close to the root when being cut from the elbow joint; wing middle joint refers to the middle part when being cut from the elbow joint and wrist joints; two-joint wings refer to the part connecting wing middle joints and wing tips, or that connecting to the wing root and wing middle joints. Chicken knee cartilage in chicken giblets is the cartilage that connects chicken drumsticks and chicken thigh. 

III. Levying of Anti-dumping Duties and Price Commitment 

The Ministry of Commerce, in accordance with Article 38 of the Anti-dumping Regulations, proposed suggestions on the levy of anti-dumping duties to the Customs Tariff Commission of the State Council. The Customs Tariff Commission of the State Council then decided to impose anti-dumping duties on imports of broiler products originating in Brazil from February 17, 2019. Rates of anti-dumping duties imposed on companies are in Annex 2 hereto. 

After the initial ruling, 14 companies including JBS Group (SEARA ALIMENTOS LTDA, JBS AVES LTDA, AGRICOLA JANDELLE S/A, SEARA COMERCIO DE ALIMENTOS LTDA), C.Vale - Cooperativa Agroindustrial, Brazilian Food Company (BRF S.A., SHB COMERCIO E INDUSTRIA DE ALIMENTOS S.A., COMPANHIA MINUANO DE ALIMENTOS), Copacol - Cooperativa Agroindustrial Consolata, Cooperativa Central Aurora Alimentos, BELLO ALIMENTOS LTDA., LAR COOPERATIVA AGROINDUSTRIAL, COOPAVEL COOPERATIVA AGROINDUSTRIAL, S?o Salvador Alimentos S/A, RIVELLI ALIMENTOS S/A, GONCALVES & TORTOLA S/A, COOPERATIVA AGROINDUSTRIAL COPAGRIL, VIBRA AGROINDUSTRIAL S/A, KAEFER AGRO INDUSTRIAL LTDA, submitted an application for price commitment to the Investigation Authority. The Investigation Authority reviewed it and considered it acceptable. According to the Anti-dumping Regulations, the Investigation Authority decided to accept the application for the price commitment submitted by the above companies (Annex 3), and the price commitment comes into effect since the final decision was announced. During the execution period of the price commitment, the products under investigation produced by the above companies will not be subjected to anti-dumping duties if they are exported to China at a price not lower than the promised price; once the price commitment is broken or terminated, the anti-dumping duties will be imposed at the rate decided in the final ruling. 

IV. Methods of Levying Anti-dumping Duties 

As of February 17, 2019, import operators shall pay relevant anti-dumping duties to the Customs of the People’s Republic of China when importing broiler products originating in Brazil from Brazilian companies that have not signed price commitment or companies that have been identified as violating the price commitment. The anti-dumping duties shall be levied by means of ad valorem on the basis of dutiable value authorized by China Customs, and the formula is: anti-dumping duties = dutiable value authorized by China Customs’ rate of anti-dumping duties. The import value-added tax shall be levied by means of ad valorem with the dutiable value authorized by China Customs plus the tariff and anti-dumping duties as the taxable value. 

V. Retrospective Collection of Anti-dumping Duties 

Deposits provided by relevant importers to the Customs of the People’s Republic of China from June 9, 2018 to October 8, 2018 according to the announcement on the preliminary ruling, shall be transferred on the basis of detailed description of commodities taxable and the rate of anti-dumping duties according to the final ruling to anti-dumping duties, and the import value-added tax shall also be levied at the relevant rate of value-added tax. Any excess of the deposits provided by importers during this period over the anti-dumping duties and the corresponding import value-added tax will be refunded by the Customs, and the short-levied duties will not be levied. 

Anti-dumping duties are not retroactively imposed on imports of broiler products originating in Brazil before June 9, 2018 and during the period starting from October 9, 2018 and ending on February 16, 2019. 

VI. Period of Levying Anti-dumping duties and Price Commitment 

Imports of broiler products originating in Brazil will be subject to anti-dumping duties and price commitment for five years as of February 17, 2019. 

VII. New Exporter Review 

Any new exporter in Brazil that does not export the Products under Investigation to the People's Republic of China during the investigation period, if qualified, may apply for a new exporter deliberation according to Article 47 of the Anti-dumping Regulations through writing to the Investigating Authority 

VIII. Interim Review 

During the period of levying anti-dumping duties, the relevant parties whose interests are involved may apply for deliberation according to Article 49 of the Anti-dumping Regulations through writing to the Investigation Authority. 

IX. Administrative Reconsideration and Administrative Litigation 

Any person who refuses to accept the final ruling of this case and the decision to levy anti-dumping duties may, according to Article 53 of the Anti-dumping Regulations, apply for an administrative reconsideration or initiate litigation to the people's court according to the law. 

MOFCOM Announcement No.6 of 2019 on Final Ruling on the Anti-dumping Investigation against Imports of Broiler Products Originating in Brazil will take effect as of February 17, 2019. 

Ministry of Commerce of the People's Republic of China

February 15, 2019