Announcement No.29 [2017] of the Ministry of Commerce — Announcement on carrying out anti-dumping investigation against imports of 3-Phenoxy Benzaldehyde originating in India

Date: 2017-06-30 17:58:09, Source: MOFCOM, Today/Total Visits : 0/311

The Ministry of Commerce of the People's Republic of China (hereinafter referred to as the “Ministry of Commerce”) received the application for anti-dumping investigation formally submitted by Weifang Runnong Chemical Co., Ltd. (hereinafter referred to as the “Applicant”) on behalf of the domestic 3-Phenoxy Benzaldehyde industry on May 22, 2017. The Applicant requested the anti-dumping investigation against imports of 3-Phenoxy Benzaldehyde 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 the domestic industry, relevant situations of the country (region) with the investigation applied for and so on.

 

According to the evidences provided by the Applicant and the preliminary examination of the Ministry of Commerce, the 3-Phenoxy Benzaldehyde output of the Applicant in 2013, 2014, 2015 and 2016 respectively accounted for 46.58%, 35.80%, 59.16% and 51.95% of the total output of Chinese similar products in the same periods, which conforms to the 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 3-Phenoxy Benzaldehyde originating in India is exported to China at a price lower than the normal value. As per the evidences and information reasonably obtained, the Applicant takes the prices of exports of products similar to the Indian product with the investigation applied for to the other countries (regions) except China determined by India Customs as per the relevant statistical data as the basis for determining the normal value of the 3-Phenoxy Benzaldehyde originating in India, and the price of the product with the investigation applied for imported to China determined by India Customs as per the relevant statistical data 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, and the 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 the indicators such as output, capacity utilization rate, sales quantity, sales revenue, market shares, return rate on investment and cash flow 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 the above-mentioned 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 3-Phenoxy Benzaldehyde originating in India as of June 28, 2017. Now the relevant matters are hereby announced as below:

 

1. Filing of Investigation and Investigation Period

 

As of the issue date of the Announcement, the Ministry of Commerce files the anti-dumping investigation against imports of the 3-Phenoxy Benzaldehyde originating in India. The anti-dumping investigation period determined upon the examination is from January 1, 2016 to December 31, 2016, and the investigation period for industrial damages is from January 1, 2013 to December 31, 2016.

 

2. The Product under Investigation and the Scope of Investigation

 

Scope of investigation: imports of the 3-Phenoxy Benzaldehyde originating in India.
Chinese name of the product under investigation: 间苯氧基苯甲醛 or 3-苯氧基苯甲醛
English names: Meta Phenoxy Benzaldehyde, M-Phenoxy Benzaldehyde, 3-Phenoxy Benzaldehyde, etc. The short name is MPB or MPBD.
The molecular structure:

 

 


The chemical structural formula:

 

 


Descriptions of the product: 3-Phenoxy Benzaldehyde is an important pesticide chemical intermediate. It is usually a light yellow or colorless clear liquid. It is insoluble in water, but soluble in some organic solvents such as alcohol, benzene and methylbenzene.

 

Main purposes: It is used to synthesize cyhalothrin, cypermethrin, beta-cypermethrin, fenvalerate, fenpropathrin and other crude drugs of pyrethroids and then the synthesized products are used in manufacture of pyrethroid insecticides and other pesticide preparations.

 

The said product is included into tariff code: 29124990 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.

 

3. Registration for Participating in the Investigation

 

Any interested party may register with the Trade Remedy and Investigation Bureau of the Ministry of Commerce for participating in this anti-dumping investigation within 20 days after the issue date of the Announcement. The interested parties participating in the investigation are required to provide their basic identity information based on the Reference Format of the Registration to Participate in the Investigation and the explanatory materials including the quantity and amount of the product investigated in the case of exports to China or the import case, the quantities and amounts of the products produced and sold similar to the investigated product and the other relevant situations. The Reference Format of the Registration to Participate in the Investigation can be downloaded from the relevant website (URL attached, the same below).

 

The interested parties in the Announcement refer to the individuals and organizations defined in Article 19 of the Regulations of the People's Republic of China on Anti-dumping.

 

4. Access to Public Information

 

The interested parties can download from the related websites, search, read, transcribe and copy the non-confidential version of the application submitted by the Applicant or go to the MOFCOM Trade Remedy Public Information Office (Tel: 0086-10-65197878) to search, read, transcribe and copy the non-confidential version of the application submitted by the Applicant. In the process of investigation, the interested parties can refer to public information about the case through the relevant websites, or search, read, transcribe and copy the information in the MOFCOM Trade Remedy Public Information Office.

 

5. Comments

 

If any interested party has any comments on the product scope under investigation, the qualification of the Applicant, the investigated countries (regions) and other related questions, it may submit its comments in written form to the Trade Remedy and Investigation Bureau of the Ministry of Commerce within 20 days after the issue date of the Announcement.

 

6. Investigation Methods

 

In accordance with Article 12 of the Regulations of the People's Republic of China on Anti-dumping, the MOFCOM may get to know the related situation from the interested parties by conducting investigations via questionnaire, sampling, hearing and other manners and carry out the investigation.

 

In order to obtain the information required for the investigation of this case, the MOFCOM usually issues questionnaires within 10 working days from the deadline for registering for participating in the investigation as prescribed herein. The interested parties that have registered for participating in the investigation can download the questionnaire from the relevant websites.

 

The asked questions in the Questionnaire for Foreign Exporters or Manufacturers on the 3-Phenoxy Benzaldehyde Anti-dumping Case include the corporate structure, operation, investigated products, sales of export to China (mainland), domestic sales, management and other relevant information. The questions also include the production cost, relevant expense, estimated dumping margin, check list and other contents. The asked questions in the Questionnaire for Domestic Manufacturers on the 3-Phenoxy Benzaldehyde Anti-dumping Case include the basic corporate conditions, the situation of domestic products similar to the product under investigation, the operation information, the financial information and the other relevant information. The asked questions in the Questionnaire for Domestic Importers on the 3-Phenoxy Benzaldehyde Anti-dumping Case include the basic corporate conditions, the investigated product trade and the other relevant information.

 

The interested parties that have not registered for participating in the investigation can directly download the above-mentioned questionnaires from the relevant websites or go to the Trade Remedy and Investigation Bureau of the Ministry of Commerce and ask for the above-mentioned questionnaires. The parties shall complete the questionnaires according to the requirements.

 

All the companies shall submit their complete and accurate answer sheets within the specified time period. The answer sheets shall include all the information requested in the questionnaires.

 

7. 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.

 

8. 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, the interested parties shall faithfully reflect the situations and provide the relevant materials. If an interested party fails to faithfully reflect the 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 available facts and attainable best information.

 

9. Investigation Period

 

The investigation will start from June 8, 2017, and generally end before June 8, 2018. In a special circumstance, the deadline may be extended to December 8, 2018.

 

10 Contact of the Ministry of Commerce

 

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

 

June 8, 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