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Announcement No.35 of the General Administration of Customs of the People's Republic of China

 China import & export Policy
 2006-07-31 10:37:15


In accordance with Anti-dumping Regulations of the People’s Republic of China, the Tariff Committee of the State Council decides to carry out anti-dumping investigation on epichlorohydrin (ECH) originating from Russia, the Republic of Korea, Japan and the United States as from Jun 28, 2006, the dur
ation of which is 5 years. Ministry of Commerce specially released Announcement No.44, 2006 (please refer to Appendix 1) on the issue. Related matters in implementation are announced as follows:
  
  1. As from Jun 28, 2006, besides import customs duty in line with the current regulations, related department will impose anti-dumping duties and value-added tax of import on imported ECH originating from Russia, the Republic of Korea, Japan and the United States in line with tax rates listed in App
endix 2 of this Announcement as well as the following formulas, different suppliers with different tax rates:
  Anti-dumping duty = price after customs duty * anti-dumping duty
  Value-added tax of import = (price after customs duty + customs duty + anti-dumping duty) * rate of value-added tax of import
  Please refer to appendix 1 for detailed description of relevant commodities of anti-dumping duties.
  
  2. Importers must provide certificate of origin to Customs for import of ECH; in case the commodities are from Russia, the Republic of Korea, Japan or the United States, commercial invoices from the original manufacturers are required as well. For those cannot provide the certificate of origin, the
Customs will impose an anti-dumping duty in accordance with the highest rate of anti-dumping duty listed in Appendix 2 when failing to assure that the commodities are from Russia, the Republic of Korea, Japan or the United States after investigation. In case the commodities are from Russia, the Repu
blic of Korea, Japan or the United States, but import operators cannot provide commercial invoices from the original manufacturers, the Customs will levy an anti-dumping duty in accordance with rate of anti-dumping duty of other companies of relevant countries listed in Appendix 2.
  3. Related issues on anti-dumping duties on ECH originating from Russia, the Republic of Korea, Japan and the United States of processing trade bonded import are subject to Announcement No.9, 2001 of General Administration of Customs of the People's Republic of China and Decree No.11 of General Admi
nistration of Customs of the People's Republic of China.
  4. If importers have imported ECH originating from Russia, the Republic of Korea, Japan and the United States and paid anti-dumping deposit, the anti-dumping duties shall be calculated in line with commodity scope and rates of anti-dumping duties regulated in this Announcement; the anti-dumping depo
sit shall be transferred to be anti-dumping duty while the deposit of value-added tax of import shall be transferred to be value-added tax of import. Related enterprises may ask the Customs for refund of excess within 6 months as from Jun 28, 2006, however the insufficient section will not be impose
d for complement.
  5. During valid period of the anti-dumping duties of the import ECH, if encounter the same or similar commodities which the Customs cannot make sure whether to impose an anti-dumping duty on or not, please apply to Ministry of Commerce for judgment. The Customs will act in accordance with judgment o
f Ministry of Commerce.
  
  Appendix: 1. Announcement No.44, 2006 of Ministry of Commerce of the People’s Republic of China (Please refer to China Foreign Trade and Economic Cooperation Gazette [Issue No.43, 2006])
  2. Form of Rate of Anti-dumping Duty of Epichlorohydrin (ECH)
  
  
  General Administration of Customs
  Jun 27, 2006
 

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