MOFCOM released MOFCOM Announcement No. 11 of 2007 on March 28, 2007, and decided to implement the final anti-dumping measures against imports of nonyl phenol originating in India and Taiwan Region for five years, starting from March 29, 2007. MOFCOM released MOFCOM Announcement No. 15 of 2013 on March 28, 2013, and decided to continue to implement the final anti-dumping measures against imports of nonyl phenol originating in India and Taiwan Region for five years, starting from March 29, 2013.
Responding to the application of the nonyl phenol industry of the Mainland of China, MOFCOM release MOFCOM Announcement No. 24 of 2018 on March 28, 2018 and decided to carry out expiry review investigation into the applicable anti-dumping measures against imports of nonyl phenol originating in India and Taiwan.
MOFCOM investigated the possibility that the dumping of imports of nonyl phenol originating in India and Taiwan Region would continue or occur again in the Mainland of China and the possibility that the dumping would continue to cause damage or would again cause damage to the nonyl phenol industry of the Mainland of China if the anti-dumping measures were terminated. In accordance with the investigation results and Article 48 of the Anti-dumping Regulations of the People's Republic of China (hereinafter referred to as the Anti-dumping Regulations), MOFCOM has made a ruling on the review (See the annex). The relevant matters are hereby announced as follows:
I. Ruling
MOFCOM has ruled that the dumping of imports of nonyl phenol originating in India and Taiwan Region may continue or occur again in the Mainland of China and it may continue to cause damage or may again cause damage to the nonyl phenol industry of the Mainland of China if the anti-dumping measures are terminated.
II. Anti-dumping measures
In accordance with Article 50 of the Anti-dumping Regulations and the investigation results, MOFCOM suggested continuing to implement the anti-dumping measures to the Customs Tariff Commission of the State Council. According to the suggestion of MOFCOM, the Customs Tariff Commission of the State Council then decided to continue to impose anti-dumping duties on imports of nonyl phenol originating in India and Taiwan Region for five years, starting from March 29, 2019.
Products subject to anti-dumping duties are those to which the anti-dumping measures apply and they are consistent with the products specified in MOFCOM Announcement No.11 of 2007 and MOFCOM Announcement No.15 of 2013. The specific product information is shown in the following:
Chinese name of the product under investigation: 壬基酚, also known as 壬基苯酚.
English name of the product under investigation: nonyl phenol (also known as NP for short)
Chemical formula: C15H24O
Physical property: Nonyl phenol is an important fine chemical raw material and intermediate. At the normal temperature, it is a colorless or light yellow liquid in appearance. It has somewhat phenol odor. It dissolves in acetone, but not in water.
Main purposes: Nonyl phenol is mainly used to produce surfactants. It is also used to produce antioxidants, textile printing and dyeing auxiliaries, lubricant additives, agricultural pesticide emulsifiers, resin modifiers, resin stabilizers, rubber stabilizers, etc.
The said product is listed under the tariff code of 29071310 in the Customs Import and Export Tariff of the People’s Republic of China.
The rates of the anti-dumping duties to continue to be imposed are the same as those specified in MOFCOM Announcement No.11 of 2007 and MOFCOM Announcement No.15 of 2013. The specific rates are shown as follows:
Indian companies:
1. SI GROUP-INDIA LIMITED 12.22%
2. All others 20.38%
Companies from Taiwan Region:
1. Formosan Union Chemical Corporation 6.87%
2. China Man-Made Fiber Corporation 4.08%
3. All others 20.38%
III. Methods of Levying Anti-dumping Duties
As of March 29, 2019, when an import operator imports nonyl phenol originating in India and Taiwan Region, the operator shall pay the corresponding anti-dumping duty to the Customs of the People’s Republic of China. The anti-dumping duty shall be levied by means of ad valorem on the basis of the dutiable value authorized by China Customs, and the calculation formula is: amount of anti-dumping duty = dutiable value authorized by China Customs * rate of anti-dumping duty. 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 duty as the taxable value.
IV. Administrative Reconsideration and Administrative Litigation
According to Article 53 of the Anti-dumping Regulations, any person or organization that refuses to accept the review may apply for administrative reconsideration or initiate litigation to a people's court according to the law.
V. The announcement shall be implemented as of March 29, 2019.
Ministry of Commerce of the People's Republic of China
March 28, 2019
