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MOFCOM announcement No 11 of 2014 on preliminary ruling of anti-dumping against imports of perchlorethylene originated in EU and US

Updated: Feb 21,2014 11:42 AM     english.mofcom.gov.cn

Issued by: Ministry of Commerce of the People’s Republic of China

Announcement No 11, 2014

Date of Issuance: February 17, 2014

In accordance with the provisions of the Regulations of the People’s Republic of China on Anti-dumping (hereinafter referred to as the “Anti-dumping Regulations”), on May 31, 2013, the Ministry of Commerce (hereinafter referred to as the “Investigation Authority”) issued a case filing announcement, deciding to initiate anti-dumping investigations into the imports of perchlorethylene originated in the EU and the US (hereinafter referred to as the “Product under Investigation”), which is listed under tariff No 29032300 in the Customs Import and Export Tariff of the People’s Republic of China.

The Investigation Authority has implemented investigations into the existence of dumping and dumping margin and the injuries to the perchlorethylene industry of China by the Product under Investigation, the extent thereof and the causality between dumping and injury. According to findings of the investigations and Article 24 of the Anti-dumping Regulations, the Investigation Authority makes its preliminary ruling (See the Annex). Relevant matters are hereby announced as follows:

I. Preliminary ruling

It is preliminarily ruled by the Investigation Authority that, during the investigation period of this case, imports of perchlorethylene originated in the EU and the U.S. were involved in dumping and the perchlorethylene industry of China was materially injured, and there was causality between the dumping and material injury.

II. Collection of security deposit

In accordance with Articles 28 and 29 of the Anti-dumping Regulations, the Investigation Authority decided to carry out a provisional anti-dumping measure by collection of security deposit. Since February 18, 2014, the import operators, when importing perchlorethylene originated in the EU and the U.S., shall pay corresponding security deposits to the Customs of the People’s Republic of China in light of dumping margin determined by this preliminary ruling.

The scope of investigation and the description of the Product under Investigation are as follows:

Scope of investigation: imports of perchlorethylene originated in the EU and the U.S.

Name of Product under Investigation: Perchlorethylene or Tetrachloroethylene (PCE)

Category of chemicals: organic-derivative of hydrocarbon

Chemical molecular formula: C2Cl4

Chemical structural formula:

Physical and chemical characteristics: perchlorethylene is colorless and transparent fluid with smells similar to ether. Its molecular weight is 165.82; melting point is -22.2℃; boiling point is 121.2℃; relative density (water=1) is 1.6226; steam density is 5.83 and steam pressure is 2.11kPa/20℃. It is insoluble in water (soluble in about 10,000 volumes of water), and can be mixed with and soluble in many organic solvents such as ethanol, ether, chloroform and benzene; it can dissolve many substances (such as rubber, resin, fat, alchlor, sulfur, iodine and mercury bichloride). It can be slowly decomposed into trichloroacetic acid and hydrochloric acid in water. It corrodes iron, aluminum and zinc in water (which can be inhibited with stabilizers). It is a kind of non-flammable liquid. It is decomposed in high temperature and will be decomposed into different decomposition products in different conditions, which are mainly hydrochloric acid, phosgene and carbon monoxide. Where active carbon exists, it will be decomposed into hexachlorocyclohexanes and hexachloroethane when heated to 700℃. It can be oxidized by strong oxide agents, and chemically reacts drastically with barium powders, beryllium powders, lithium scraps, dinitrogen tetroxide and sodium hydroxide.

Main usage: perchlorethylene is an important organic chorine product that has been widely used. It is mainly used as organic solvents, dry cleaner, desulfurizer, textile finishing agent, metal decontaminant, fats extraction agents, organic synthesis and thermal transfer medium in industry, anthelmintics in medical treatment, as well as intermediates for refrigerants HCFC-123, HCFC-124 and HFC-125.

The Product is listed under the Customs Import and Export Tariff of the People’s Republic of China: 29032300.

Rates of deposit imposed on companies are as follows:

EU companies:

1. Dow Deutschland Anlagengesellschaft mbH 33%

2. SOLVAY BENVIC EUROPE-FRANCE S.A.S. 33%

3. All Others 33%

U.S. companies:

1. Occidental Chemical Corporation 76.2%

2. Axiall Corporation 76.2%

3. The Dow Chemical Company 76.2%

4. PPG Industries 76.2%

5. All Others 76.2%

III. Methods of deposit collection

As of February 18, 2014, import operators shall, according to the dumping margin of each company as determined in this preliminary ruling, pay relevant deposits to the Customs of the People’s Republic of China when importing perchlorethylene originated in the EU and the U.S.. The deposit shall be levied by means of ad valorem on the basis of dutiable value authorized by the Customs, and the calculation formula is: Deposit = (dutiable value authorized by the Customs x rate of deposit) x (1 + rate of import value-added tax).

IV. Comments

All interested parties may, within 10 days as of the issuance of this Announcement, submit their written comments attached with relevant evidence to the Investigation Authority which will consider the same according to the law.

(All information published in this website is authentic in Chinese. English is provided for reference only. )