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 Jilin Petrochemical Branch of PetroChina Company Limited and Ningbo Oceanking Chemical Development Co., Ltd (the “Applicants”) on behalf of domestic methyl isobutyl ketone industry on February 9, 2017. The Applicants requested the anti-dumping investigation against imports of methyl isobutyl ketone originating in South Korea, Japan and South Africa. 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 Applicants, 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 Applicants and the preliminary examination of the Ministry of Commerce, the methyl isobutyl ketone output of the Applicants and domestic enterprises supporting the said application in 2013, 2014, 2015 and January - September 2016 accounted for more than 50% of the total output of Chinese similar products in the same period respectively, which conforms to provisions on the application for the anti-dumping investigation by a domestic industry in Article 11 and Article 13 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 methyl isobutyl ketone originating in South Korea, Japan and South Africa as of March 27, 2017. Relevant matters are hereby announced as below:
I. Filing of Investigation and Investigation Period
As of issue of the MOFCOM Announcement No.16 of 2017 on Filing of Anti-dumping against Imports of Methyl Isobutyl Ketone Originating in South Korea, Japan and South Africa (the “Announcement), the Ministry of Commerce files the anti-dumping investigation against imports of the methyl isobutyl ketone originating in South Korea, Japan and South Africa. 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 Investigated Product and the Scope of Investigation
Main purposes: The methyl isobutyl ketone, as a kind of good medium boiling solvent and raw material of organic synthesis, is used widely. In terms of solvent, it is primarily used in respect of coating, medicines, pesticides, solvent dewaxing solvents, rare metal extraction agents, magnetic tapes, printing ink, epoxy resin, adhesives, the analysis of atomic absorption photometry, as well as senior automobile paint, marine paint, container paint, etc.; in terms of the raw material of organic synthesis, it is a kind of raw material of synthesis of rubber antioxidant 4020, methyl isobutyl carbinol, high-molecular polymer initiator, the latent curing agent of epoxy resin, special surfactant and so on.
The said product is included into tariff code: 29141300 in the Customs Import and Export Tariff of the People’s Republic of China.
III. Registry of Participation in the 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 the 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 Applicants 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 investigated product, the qualifications of the Applicants, 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 manufacturers 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 Methyl Isobutyl Ketone includes corporate structure and operation, the investigated product, export sales to China (Chinese mainland), domestic sales, business, finance and other relevant information, product costs and relevant expenses, estimated dumping margin, check list and other contents. The inquiry information in the Questionnaire for Domestic Producers Involved in the Anti-dumping Case of Methyl Isobutyl Ketone includes corporate basic information, situations of domestic similar products, business and relevant information, finance and relevant information, other issues needing to be described and other contents. The inquiry information in the Questionnaire for Domestic Importers Involved in the Anti-dumping Case of Methyl Isobutyl Ketone includes corporate basic information, trade of the investigated product and relevant information and other contents.
Any other interested party not registered for participation in the investigation may directly download aforesaid 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 March 27, 2017, and generally end before March 27, 2018. In a special circumstance, the deadline may be extended to September 27, 2018.
Ministry of Commerce
March 27, 2017