MOFCOM Announcement No. 4 of 2017 on Filing of Anti-dumping Investigation against Imports of Ortho Chloro Para Nitro Aniline Originating in India

Date: 2017-02-27 10:01:39, Source: MOFCOM, Today/Total Visits : 2/256

The Ministry of Commerce of the People’s Republic of China (the “Ministry of Commerce”) received the application for anti-dumping investigation formally submitted by Suzou Luosen Auxiliaries Co., Ltd. (the “Applicant”) on behalf of domestic ortho chloro para nitro aniline industry on December 16, 2016. The Applicant requested the anti-dumping investigation against imports of ortho chloro para nitro aniline originating in India. According to relevant provisions of the Regulations of the People’s Republic of China on Anti-dumping, the Ministry of Commerce has examined the qualifications of the Applicant, relevant situations of the product with the investigation applied for, relevant situations of Chinese similar products, the influences of the product with the investigation applied for on domestic industry, relevant situations of the country (region) with the investigation applied for and so on.

According to evidences provided by the Applicant and the preliminary examination of the Ministry of Commerce, the ortho chloro para nitro aniline output of the Applicant in 2013, 2014, 2015 and the first half of 2016 accounted for more than 50% of the total output of Chinese similar products in the same period, which conforms to provisions on the application for the anti-dumping investigation for a domestic industry in Article 11 and Article 13 of the Regulations of the People’s Republic of China on Anti-dumping.

It is claimed in the application that the ortho chloro para nitro aniline originating in India is exported to China at a price lower than normal value. As per the evidences and information reasonably obtained, the Applicant takes the price of exports to the Japanese market of products similar to the Indian product with the investigation applied for as the basis for determining the normal value of the ortho chloro para nitro aniline originating in India, and the price of customs statistics of the product with the investigation applied for as imported to China as the basis for determining the export price, and after adjustments to all factors influencing price comparability, claims the great dumping of the product with the investigation applied for. Meanwhile, it is claimed that the imports to China of the product with the investigation applied for increase largely, but prices decrease generally, lowering the prices of similar products in the domestic industry. As a result, the capacity of similar products in the domestic industry cannot be utilized effectively, and indicators such as sales quantity, market shares, the return on investment, cash flows and inventory percentage show a trend of deterioration. The domestic industry has suffered substantial damages, and there is a casual relationship between the dumping of the product with the investigation applied for and the substantial damages of the domestic industry. Upon examination, the Ministry of Commerce believes that the application includes contents and relevant evidences required for the filing of the anti-dumping investigation in Article 14 and Article 15 of the Regulations of the People’s Republic of China on Anti-dumping.

As per abovementioned examination results, the Ministry of Commerce decides, according to Article 16 of the Regulations of the People’s Republic of China on Anti-dumping, to file the anti-dumping investigation against imports of the ortho chloro para nitro aniline originating in India as of February 13, 2017. Relevant matters are hereby announced as below:

I. Filing of Investigation and Investigation Period


As of issue of the Announcement, the Ministry of Commerce files the anti-dumping investigation against imports of the ortho chloro para nitro aniline originating in India. The dumping investigation period determined upon examination is from October 1, 2015 to September 30, 2016, and the investigation period for industrial damages is from January 1, 2013 to September 30, 2016.

II. The Product under Investigation and the Scope of Investigation

Scope of investigation: imports of the ortho chloro para nitro aniline originating in India. 

Chinese name of the product under investigation: 邻氯对硝基苯胺. 

English name: ortho chloro para nitro aniline. 
Molecular structure: 
Chemical structural formula: 
Descriptions of the product: yellow crystalline powder, stable under normal temperature and pressure, soluble in ethyl alcohol, diethyl ether and benzene, slightly soluble in water and strong acid and insoluble in naphtha.


Main purposes: used to synthesize disperse dyes, organic pigments and the intermediate of corrosion inhibitor and produce niclosamide, a specific medicine preventing and treating schistosomiasis, or used as medical intermediate.

The said product is included into tariff code: 29214200 in the Customs Import and Export Tariff of the People’s Republic of China. Other products under this tariff code are not included in the scope of the investigation applied for this time.

III. Registry of Participation in Investigation

Within 20 days after the release of the Announcement, an interested party may be registered at the Trade Remedy and Investigation Bureau of the Ministry of Commerce for participation in the anti-dumping investigation. An interested party participating in the investigation shall provide basic identity information, the quantity and amount of the investigated product exported to or imported by China, the quantity and amount of similar products produced and sold, relationships and other explanatory materials according to the Reference Format for Registry of Participation in Investigation. The Reference Format for Registry of Participation in Investigation may be downloaded from relevant websites (attached below, the same below).

For purpose of the Announcement, interested parties refer to individuals and organizations specified in Article 19 of the Regulations of the People’s Republic of China on Anti-dumping.

IV.Inquiry of Public Information

Interested parties may download from relevant websites or look up, read, transcribe and copy the non-confidential text of the application submitted by the Applicant at the Trade Remedy Public Information Room of the Ministry of Commerce (Tel.: 0086-10-65197878). In the course of the investigation, any interested party may look up any public information on the case at relevant websites, or look up, read, transcribe and copy any public information on the case at the Trade Remedy Public Information Room of the Ministry of Commerce.

V.Comments on Filing of the Case

If any interested party needs to give comments on the scope of the product under the investigation, the qualifications of the Applicant, the investigated country (region) and other relevant issues, the said interested party may submit written opinions thereof to the Trade Remedy and Investigation Bureau of the Ministry of Commerce within 20 days after the date of release of the Announcement.

VI. Investigation Methods

According to Article 20 of the Regulations of the People’s Republic of China on Anti-dumping, the Ministry of Commerce may learn about conditions from interested parties and make the investigation by means of questionnaires, sampling, hearings, on-site inspections, etc.

With the view of obtaining the information necessary for the case, the Ministry of Commerce usually distributes questionnaires to foreign exporters or producers involved in the case as well as domestic producers and importers within ten working days as of the deadline of registry of participation in the investigation set out hereunder. Interested party registered for participation in the investigation may download questionnaires from relevant websites.

The inquiry information in the Questionnaire for Foreign Exporters or Producers Involved in the Anti-dumping Case of Ortho Chloro Para Nitro Aniline includes corporate structure and operation, the product under the investigation, export sales to China (Chinese mainland), domestic sales, business, financial and other relevant information, product costs and relevant expenses, estimated dumping margin and check list. The inquiry information in the Questionnaire for Domestic Producers Involved in the Anti-dumping Case of Ortho Chloro Para Nitro Aniline includes corporate basic information, situations of domestic similar products, business and relevant information, finance and relevant information and other issues needing to be described. The inquiry information in the Questionnaire for Domestic Importers Involved in the Anti-dumping Case of Ortho Chloro Para Nitro Aniline includes corporate basic information, trade of the product under the investigation and relevant information.

Any other interested party not registered for participation in the investigation may directly download questionnaires from relevant websites, or ask for them from the Trade Remedy and Investigation Bureau of the Ministry of Commerce and fill in and submit them according to requirements.

All companies shall submit questionnaires with complete and accurate answers within a prescribed time. The answer sheets shall include all the information required by the questionnaires.

VII. Submission and Processing of Confidential Information

If it is necessary to keep confidential the information submitted by an interested party to the Ministry of Commerce, the said interested party may make a request to the Ministry of Commerce for confidential treatment of relevant information and give reasons. If the Ministry of Commerce agrees about the said request, the interested party applying for confidentiality shall provide the non-confidential summary of the said confidential information. The non-confidential summary shall include full and meaningful information, so that other interested parties can reasonably understand the confidential information. If the non-confidential summary cannot be provided, a specific reason shall be given. If the information submitted by an interested party does not state that it is necessary to keep it confidential, the Ministry of Commerce will deem the said information as public information.

VIII.Consequences of Non-cooperation

According to Article 21 of the Regulations of the People’s Republic of China on Anti-dumping, when the Ministry of Commerce makes investigations, an interested party shall faithfully reflect situations and provide relevant materials. If an interested party fails to faithfully reflect situations or provide necessary information, or fails to provide necessary information within a reasonable time, or seriously impedes an investigation in any other way, the Ministry of Commerce may give a ruling according to facts already obtained and available best information.

IX. Investigation Period

The investigation will start from February 13, 2017, and generally end before February 13, 2018. In a special circumstance, the deadline may be extended to August 13, 2018.

X.Contact

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

Postcode: 100731

Trade Remedy and Investigation Bureau of the Ministry of Commerce

Tel.: 0086-10-65198417, 65198473

Fax: 0086-10-65198415

Relevant websites: sub-website of the Trade Remedy and Investigation Bureau of the Ministry of Commerce (http://trb.mofcom.gov.cn)

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



Ministry of Commerce

February 13, 2017


Approved by: Department of Commerce of Shandong Province Tel: +86-531-89013333

Supported by:Jinan Maocheng Information Technology Co., Ltd.

Shandong ICP Registered No. 12013505