Sunday, November 17, 2019

Notice on the cessation of anti-dumping duties on imports of high-performance stainless steel pipes originating in the EU and Japan

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According to the “Anti-dumping Regulations of the People’s Republic of China”, the Customs Tariff Commission of the State Council has decided to impose anti-dumping duties on imported high-performance stainless steel seamless pipes originating in the EU and Japan from November 9, 2012, for a period of five years. The General Administration of Customs issued the Announcement No. 54 of 2012 for this purpose. In order to implement the ruling and recommendations of the World Trade Organization Dispute Settlement Body on the “China – Anti-dumping Measures against Imports of High Performance Stainless Steel Seamless Steel Pipes Originating in the European Union and Japan”, on June 20, 2016, the Ministry of Commerce decided The anti-dumping case of imported high-performance stainless steel seamless steel pipes originating in the European Union and Japan was re-investigated. During the re-investigation period, the original anti-dumping case applicant filed an application for revoking the original anti-dumping measures on behalf of the domestic industry. After review by the investigation authority, the State Council Customs Tariff Commission decided to stop the anti-dumping duties on imported high-performance stainless steel seamless pipes originating in the EU and Japan from August 22, 2016. The Ministry of Commerce issued the Announcement No. 34 of 2016. (See attachments). The relevant matters are hereby announced as follows:
steel pipes
Since August 22, 2016, the Customs has ceased to impose anti-dumping duties on imported high-performance stainless steel seamless pipes (tax codes: 7304.4110 and 7304.4910) imported from the EU and Japan. The Notice of the General Administration of Customs No. 54 of 2012 was abolished on the same day.
Regulation Source: General Administration of Customs, P.R.China

Notice on the Ministry of Commerce’s Implementation of Temporary Anti-Dumping Measures on Imports of Acrylic Fibers Originating in Japan, Korea and Turkey

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According to the “Anti-dumping Regulations of the People’s Republic of China”, the Ministry of Commerce has decided to implement temporary anti-dumping measures on imported acrylic fibers originating in Japan, Korea and Turkey from April 2, 2016 (see Annex 1 for details). The relevant matters are hereby announced as follows:
1. Since April 2, 2016, the Customs has imported acrylic fibers (tax codes: 55013000, 55033000, 55063000) originating in Japan, Korea and Turkey, in addition to the current regulations, the customs duties and import value-added tax. The  suppliers that distinguish different suppliers shall be subject to the anti-dumping margin and the corresponding import VAT deposit in accordance with the applicable collection rate listed in Annex 2 of this announcement and the following calculation formula.
Acrylic Fibers
The formula for calculating the total amount of anti-dumping deposit and import link VAT guarantee is:
Total margin = (customs duty-paid price X anti-dumping margin collection rate) x (1 + import link VAT rate)
Detailed descriptions and standards for products implementing temporary anti-dumping measures are detailed in Annex 1 of this announcement.
2. When the import consignee (original import business unit) declares the goods within the anti-dumping scope under the above-mentioned tariff code, the commodity number shall be reported to 5501300010, 5503300010 and 5506300010 respectively.
3. Any import consignee who declares the import of acrylic fiber shall truthfully declare the origin of the goods and submit relevant evidence documents of origin. If the country of origin is Japan, South Korea or Turkey, an original manufacturer’s invoice is required. For goods that cannot determine the origin of the goods, the Customs shall levy a deposit in accordance with the highest anti-dumping margin collection rate listed in Annex 2 of this announcement. For  the ability to determine whether the origin of the goods is Japan, South Korea or Turkey, but the import consignee cannot provide the original manufacturer’s invoice, and the original manufacturer cannot be determined through other legal and valid documents, the customs will follow Annex 2 of this announcement. A margin is imposed on the highest anti-dumping margin collection rate in the corresponding country.
4. Regarding the issue of how to impose anti-dumping deposits on bonded trade originating in Japan, South Korea and Turkey, the Customs shall comply with the provisions of Order No. 111 of the General Administration of Customs of the People’s Republic of China and Announcement No. 9 of 2001 by the General Administration of Customs. carried out.
5. After the final result of the Ministry of Commerce is announced, the Customs will transfer the deposit to the anti-dumping deposit and the import link VAT deposit in accordance with the final ruling result. The above deposit exceeds the anti-dumping duty and the corresponding value-added tax portion of the import link. The import consignee may apply to the customs office of the land acquisition for refund within 6 months from the date of implementation of the anti-dumping tax measures imposed by the customs.
Regulation Source: General Administration of Customs, P.R.China


The updates of China health food related regulation

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The China Food and Drug Administration hold a meeting on 1st september 2016 in Guangzhou, the main subject of the meeting is the reform and review of China health food related regulation. The meeting emphasized that the focus of China health food related regulation review and reform should be speeding up the development and formulation of health food raw materials directory, health food function directory and other supporting technical regulations according to “China Food Safety Law”, and promote the reform of health food filing system.
China Food and Drug Administration(CFDA)
After the newly revised “Food Safety Law” was promulgated, reform and review of China health food related regulation has been slowly advancing. There are seven presently known China health food related regulation, only the “Health food registration and recording regulation” has been enacted, and the remaining six China health food related regulation are under reviewing and soliciting public opinion, these China health food related regulation still need some time to be published and enacted.

“Food Safety Law Implementation Regulations”

December 9, 2015: Open to solicit public opinion
April 12, 2016: Currently under further review and waiting to be submitted to the State Council for approval.

“Health food registration and recording regulation.”

February 26, 2016: Promulgated
July 1, 2016: Implemented

“Health food raw materials directory and function directory regulation”

July 28, 2015: Open to solicit public opinion
July 2, 2016: One officer from Food Safety Commission of the State Council,  indicated that the drafting of “Health food raw materials directory and function directory regulation”has been completed and will be promulgated in the near future.

“Health food raw materials directory (first batch)”

February 17, 2016: Open to solicit public opinion
June 2, 2016: The second solicit of public opinion
June 30, 2016: CFDA pointed out that CFDA will begin to accept health food recording application after the publish of “Health food raw materials directory”.

“The name list of applicable ingredients for the Health food recording  (first batch)”

May 30, 2016: Open to solicit public opinion
July 16, 2016: One officer from CFDA indicate that, the health food ingredients directory must be very clear, it should not exists the problem and possibility of a second time technical assessment by technical experts.

“Health food registration technical review Details”

June 8, 2016: Open to solicit public opinion

“Health food function directory”

Temporarily no information has been released.

Wednesday, November 13, 2019

2017 Total Allowable Import Volume and Application Conditions and Procedures of Non-state Trading of Crude Oil in 2018

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Total Allowable Import Volume and Application Conditions and Procedures of Non-state Trading of Crude Oil in 2018
I. Allowable import volume of non-state trading of crude oil in 2018
Allowable import volume of non-state trading of crude oil in 2018 is 142.42 million tons.
II. Application Conditions
(I) the enterprises who have crude oil import performance over the past two years or have the qualification for imports of crude oil approved by the competent industrial departments of the State;
Crude Oil
(II) the enterprises that have the right to use crude oil terminals with a capacity of not less than 50 thousand tons (or railway ports of transshipment capacity of 2 million tons per year), and the right to use crude oil storage tanks of not less than 200 thousand cubic meters;
(III) foreign trade dealers whose bank credit is not less than USD 20 million (or RMB 120 million);
(IV) enterprises that have professionals being engaged in international oil trade (at least two);
(V) the enterprises that have not involved in smuggling, tax evasion, or arbitrage records or have not been subject to administrative and criminal punishment due to illegal operations in the past 2 years;
(VI) other factors to consider.
III. Application Materials
The following materials are required for application:
(I) application letter. includes the basic situation of the company, description for eligibility for application, application reasons, specific programs with respect to crude oil procurement, production, use or sale, introduction to professionals being engaged in international oil trade and others;
(II) copy of the qualified Duplicate of Business License after annual review bearing signature of the legal representative and copies of the Registration Form for Foreign Trade Operators or Qualification Certificate of Import and Export Enterprises or Operation Certificate of Foreign-funded Enterprises bearing seal of archival filing and registration (or the filing receipt obtained based on the Interim Administrative Measures for the Record-filing of the Incorporation and Change of Foreign-funded Enterprises), Registration Certificate of the Consignees and Consignors of Import and Export Goods for Customs Declaration and the Organization Code Certificate;
(III) supporting documents with respect to credit lines issued by banks. The originals of the official documents issued by the head offices or branches directly under the bank shall be provided; for the subsidiaries of the central enterprises, they may provide the collective credit certificate of the head office;
(IV) provide originals of the agreement on the use of crude oil terminals (or railway ports), the tank and other facilities, and copies of the supporting documents proving the handling capacity and storage capacity of the terminals (railway ports) issued by the competent investment departments above the prefecture level (or environmental protection, fire protection and other departments);
(V) crude oil import performance certificate from 2016 and January-October 2017 or the qualification for use of imports of crude oil approved by the competent industrial departments of the State. For import under proprietary trading, a copy of the customs declaration form is required, and in the event of import on an agent basis, the agency agreement or related service invoice shall be provided;
(VI) documents proving no smuggling and violation in 2016-2017 issued by the customs where the enterprise is located, and materials proving no tax evasion or exchange escaping or arbitrage issued by local taxation and foreign exchange management departments.
Processing enterprises having import qualification for non-state trading of crude oil granted by the Ministry of Commerce in 2017 are not required to provide materials in Items (II), (III), (IV), (V) and (VI) and all other enterprises applying for the allowable amount need to provide the above materials as required. All the applicants must be responsible for the authenticity of the above materials. When submitting copies, the originals should be provided for verification; moreover, the certificate bearing the signature of the legal representative proving the authenticity of the application materials is also required.
IV. Distribution Principle
(I) Release in batches. The first batch of allowable import volume in 2018 will be issued based on the actual implementation of the allowable import volume of crude oil of qualified enterprises during January-October 2017;
(II) Additional adjustment. It is required to timely add and adjust the allowable volume according to the actual import situation, business demand and the application made by new eligible processing enterprises;
(III) Strict assessment. No allowable volume will be granted to enterprises without imports in 2017; according to the Administrative Regulations of the People’s Republic of China on the Import and Export of Goods, for those enterprises that cannot complete the allowable import volume hold, they shall return the allowable volume that cannot be completed in the current year to the Ministry of Commerce via local commerce department or the group company of central enterprises prior to September 1 in the current year;
(IV) other factors to consider.
V. Declaration and Audit Procedures
Local enterprises must apply to the local commerce authorities at the provincial level, and the subsidiaries of the central enterprises must apply uniformly through the group headquarters.
The provincial commerce department and the central enterprises shall submit the summarized list of eligible enterprises and application materials thereof by mail, courier, personal delivery or other manners to the administrative service hall of the Ministry of Commerce prior to November 30, 2017; no application will be accepted thereafter.
Address: Li Youping, Window No.18, Administrative Affairs Service Hall, the Ministry of Commerce, No. 2 East Chang’an Avenue, Beijing; Tel: 010-65197862; postal code: 100731.The envelope of the application materials or the surface of carton should be marked “Item No.: 18010-001”.
After examining the application materials of the enterprises concerned, the Ministry of Commerce will distribute allowable import volume to eligible enterprises prior to December 31, 2017, and issue the distribution results to the relevant provincial commerce departments and the central enterprises.
VI. Relevant Requirements
Enterprises that obtain the allowable import volume of non-state trading of crude oil shall abide by the relevant laws and regulations on safety in production, consciously operate according to the law, and maintain the normal order of import. Those who violate any of the relevant laws and regulations, once verified, will be punished in accordance with the Administrative Regulations of the People’s Republic of China on the Import and Export of Goods, Administrative Measures for the Automatic Import Licensing for Goods and other relevant provisions.
Regulation Source: Ministry of Commerce People’s Republic of China

Customs Security Smart Lock and Reader Detection Mechanism

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In order to ensure that the safety smart locks and readers meet the national standards and customs-related standards and are compatible with each other to meet the application requirements of the customs logistics monitoring business, the General Administration of Customs has selected two testing institutions by public bidding (Jiangsu Beidou Satellite Navigation Testing Center Co., Ltd. Zhejiang Kezheng Electronic Information Product Inspection Co., Ltd. provides testing services for security smart locks and readers used in customs business. The products related to the safety smart lock and the reader manufacturer must be tested by any one of the institutions to obtain the test report, in order to participate in the customs clearance of the smart smart lock and reader equipment or related services, and in the customs business management Used in. The specific inspection process should be carried out in accordance with the Customs Security Smart Lock and Reader Detection Mechanism (see attachment). This announcement shall be implemented as of the date of promulgation.
Smart Lock and Reader
Regulation Source: General Administration of Customs, P.R.China

Anti-dumping duties imposed on imported iron-based amorphous alloy strips originating in Japan and the United States

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According to the “Anti-dumping Regulations of the People’s Republic of China”, the Customs Tariff Commission of the State Council has decided to impose anti-dumping on imported iron-based amorphous alloy strips (tax code: 7226.9199) originating in Japan and the United States from November 18, 2016. Tax, the term is 5 years. The Ministry of Commerce issued Announcement No. 65 of 2016 (see attachment) for details, and clarified the specific product range of products for implementing anti-dumping measures. The relevant matters are hereby announced as follows:
amorphous alloy strips
From November 18, 2016, when the import consignee declares the goods within the scope of the anti-dumping measures under the above-mentioned tariff code, the commodity number shall be reported as 72269199.10.
Regulation Source: General Administration of Customs, P.R.China

Tuesday, November 12, 2019

Case-filing of the Final Review of the Anti-dumping Measures against Imports of Potato Starch Originating in the EU

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On February 5, 2007, the Ministry of Commerce of the People’s Republic of China (the “MOFCOM”) issued Announcement No.8 of 2007, deciding to conduct anti-dumping measures against imports of potato starch originating in the EU for five years from February 6, 2007. On April 18, 2011, the MOFCOM issued Announcement No.16 of 2011, deciding to adjust the rate of the foregoing anti-dumping measures. On February 5, 2013, the MOFCOM issued Announcement No.4 of 2013 deciding to conduct anti-dumping measures against imports of potato starch originating in the EU for five years from February 6, 2013. On December 14, 2016, the MOFCOM issued Announcement No.72 of 2016, affirming the name changes of related companies according to the law.
Potato Starch
On December 7, 2017, the MOFCOM received a formal application for expiry review on anti-dumping measures officially submitted by Potato Starch Specialty Council of China Starch Industry Association on behalf of the industry of potato starch in China. The applicant claimed that, if the anti-dumping measures against imports of potato starch originating in the EU are terminated, the dumping behavior and injury to the industry in China might continue or reoccur, and requested the MOFCOM to maintain the anti-dumping measures against imports of potato starch originating in the EU.
In accordance with the relevant provisions of the Anti-dumping Regulations of the People’s Republic of China, the MOFCOM reviewed the qualifications of the applicant, the products under investigation, similar domestic products, the imports of the products under investigation during the implementation of the anti-dumping measures, the possibility of continuity or reoccurrence of dumping, the possibility of continuity or reoccurrence of damages or related evidence. Current evidence shows that the applicant meets the provisions specified in Article 11, Article 13 and Article 17 of the Anti-dumping Regulations of the People’s Republic of China on industry and industry representativeness, and therefore, it is eligible to apply on behalf of Chinese potato starch industry. The investigation authority believes that the applicant’s claims and the prima facie evidence submitted are in conformity with the requirements for an expiry review.
According to Article 48 of the Anti-dumping Regulations of the People’s Republic of China, the MOFCOM decides to conduct an expiry review investigation into the anti-dumping measures imposed on the imports of potato starch originating in the EU as of February 6, 2018.Now the relevant matters are hereby announced as below:
I. Continuous Implementation of the Anti-dumping Measures
As suggested by the MOFCOM and decided by the Customs Tariff Commission of the State Council, during the expiry review investigation of the anti-dumping measures, the imports of potato starch originating in the EU will still be subject to anti-dumping duties at the scope and rate released in MOFCOM Announcement No.8 of 2007, MOFCOM Announcement No.16 of 2011, MOFCOM Announcement No.4 of 2013 and MOFCOM Announcement No.72 of 2016.
II. Review Investigation Period
The anti-dumping investigation period for this review is from July 1, 2016 to June 30, 2017, and the investigation period for industrial damages is from January 1, 2013 to June 30, 2017.
III. Product Scope Covered by the Review
Products covered by the review are those to which the anti-dumping measures apply and the same as the products released in MOFCOM Announcement No.8 of 2007 and MOFCOM Announcement No.4 of 2013.
IV. Review Contents
This review aims to make clear that whether dumping and injury may continue or occur again in the case of the termination of the anti-dumping measures imposed on the imports of potato starch originating in the EU.
V. 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 round of anti-dumping expiry review within 20 days after the date of release hereof. Interested parties participating in the investigation are required to provide basic information, quantity and amount of the products under investigation exported to or importing from China, quantity and amount of similar products produced and sold and relationship during the dumping investigation period and other illustrative materials based on the Reference Format of the Registration to Participate in the Investigation, which can be downloaded from the Trade Remedy and Investigation Bureau sub-website of the MOFCOM website (http://trb.mofcom.gov.cn).
For the purposes hereof, the interested parties are individuals and organizations as defined in Article 19 of the Anti-dumping Regulations of the People’s Republic of China.
VI. Access to Public Information
In the process of investigation, the interested parties can refer to letter of application submitted by the applicant and the catalog of public information about the case through the above websites, or search, read, transcribe and copy the same in the MOFCOM Trade Relief Public Information Office (Tel.: 0086-10-65197878).
VII. Comments
If any interested party has any comments on the product scope and category, the qualification of the applicant, countries (regions) covered by the investigation regarding this investigation and other related questions, it may submit its opinions in written form to Trade Remedy and Investigation Bureau of the Ministry of Commerce within 20 days after the date of release hereof.
VIII. Investigation Methods
In accordance with Article 20 of the Anti-dumping Regulations of the People’s Republic of China, the MOFCOM may get to know the related situation and conduct investigation via questionnaire, sampling, hearing, site investigation and other manners from the interested parties.
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, to overseas importers or producers and domestic manufacturers and importers. In the meantime, the MOFCOM will post the questionnaire on the aforementioned website.
Other interested parties who have not registered to participate in the investigation can download directly from the foregoing websites or request the questionnaires from Trade Remedy and Investigation Bureau of the Ministry of Commerce and fill in the same as required.
All interested parties are required to submit complete and accurate answers within the time as specified by the MOFCOM. Answers shall include all the information as required by the questionnaires.
IX. Submission and Processing of Confidential Information
Where it is necessary to keep confidential the information submitted by the interested parties, the interested parties may request the MOFCOM to make confidential treatments and explain the reasons and at the same time provide non-confidential summary of that confidential information. Non-confidential summary shall contain sufficient and meaningful information to enable other interested parties to have a reasonable understanding of the confidential information.
X. Consequences of Non-cooperation
In accordance with Article 21 of the Anti-dumping Regulations of the People’s Republic of China, when the MOFCOM makes an investigation, an interested party shall faithfully reflect situations and provide relevant materials. If an interested party fails to do so, fails to provide necessary information within a reasonable time, or seriously impedes an investigation in any other way, the MOFCOM may give a ruling according to facts already obtained and the best information available.
XI. Investigation Period
This investigation starts on February 6, 2018, and usually ends prior to February 5, 2019.
XII. Contact Information
No.4 Import Investigation Office, Trade Remedy and Investigation Bureau of the Ministry of Commerce
Address: No. 2 Dong Chang’an Avenue, Beijing, China
Postal code: 100731
Tel.: 010-65198194 65198474
Fax: 010-65198172
Regulation Source: Ministry of Commerce People’s Republic of China