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MOFCOM Announcement No.1 of 2019 on Final Ruling of Anti-dumping Investigation against Imports of Ortho Dichlorobenzene Originating in Japan and India(2)

2019-04-11 12:15

Japanese companies:

1. KUREHA CORPORATION 70.4%

2. All others 70.4%

Indian companies: 31.9% 

III. Methods of Levying Anti-dumping Duties 

As of January 23, 2019, import operators shall pay relevant anti-dumping duties to the Customs of the People’s Republic of China when importing ortho dichlorobenzene originating in Japan and India. 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. 

IV. Retrospective Collection of Anti-dumping Duties 

Deposits provided by relevant importers to the Customs of the People's Republic of China from October 12, 2018 to January 22, 2019 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 determined by the final ruling to anti-dumping duties, and the import value-added tax shall also be levied at 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. 

Retrospective collection of anti-dumping duties will not be carried out for ortho dichlorobenzene originating in Japan and India that were imported before the implementation of the temporary anti-dumping measures. 

V. Period of Levying Anti-dumping Duties 

Imports of ortho dichlorobenzene originating in Japan and India will be subject to anti-dumping duties for five years as of January 23, 2019. 

VI. New Exporter Review 

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

VII. Interim Review 

During the period of levying anti-dumping duties, relevant interested parties may apply in writing to the Investigation Authority for review in light of Article 49 of the Anti-dumping Regulations. 

VIII. Administrative Reconsideration and Administrative Litigation 

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

IX. MOFCOM Announcement No.1 of 2019 on Final Ruling of Anti-dumping Investigation against Imports of Ortho Dichlorobenzene Originating in Japan and India will take effect as of January 23, 2019. 

Ministry of Commerce of the People's Republic of China

January 22, 2019 

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