China imposes anti-dumping duties on U.S. imports of polyphenylene ether from today

Ministry of Commerce Announcement No.

The investigation authority has investigated whether there is dumping and dumping margin in the product under investigation, whether the product under investigation has caused damage to the domestic polyphenylene ether industry and the extent of the damage, as well as the causal relationship between dumping and the damage

After the preliminary ruling, the investigation authority continued to investigate the dumping and dumping margin, the damage and the extent of the damage, and the causal relationship between the dumping and the damage

1.

The investigation authority finally determined that there was dumping of imported polyphenylene ether originating in the United States, the domestic polyphenylene ether industry was substantially damaged, and there was a causal relationship between the dumping and the substantial damage

The collection of anti-dumping duties

According to Article 38 of the Anti-dumping Regulations, the Ministry of Commerce proposes to the Customs Tariff Commission of the State Council to levy anti-dumping duties, and the Customs Tariff Commission of the State Council makes a decision based on the suggestion of the Ministry of Commerce.

Specific descriptions of the products under investigation are as follows:

Scope of investigation: Imported polyphenylene ether originating in the United States

Name of the product under investigation: polyphenylene ether

English name: Polyphenylene ether, also known as Polyphenylene Oxide, referred to as PPE or PPO

Product description: Polyphenylene ether is a high-performance thermoplastic resin with 2,6-dimethyl-1,4-phenylene ether group in the molecular chain and its composition, whether it is modified or not, or whether it is mixed or added with polyphenylene Fillers and auxiliaries such as ethylene, hydrogenated styrene-butadiene block copolymer, nylon, etc.

Main application: Polyphenylene ether can be used for injection molding, extrusion molding, alloying, etc.

This product is classified under the Import and Export Tariff of the People's Republic of China (2022): 39072990

The anti-dumping duty rates levied on companies are as follows:

SABIC Innovative Plastics America Ltd.

(SABIC Innovative Plastics US LLC)

Other US companies 48.

(All others)

3.

From January 7, 2022, import operators shall pay corresponding anti-dumping duties to the Customs of the People's Republic of China when importing polyphenylene ether originating in the United States
.
Anti-dumping duties are levied ad valorem based on the dutiable value verified by the customs.
The calculation formula is: anti-dumping duty amount = customs dutiable value × anti-dumping duty rate
.
The import value-added tax is levied on the ad valorem basis of the dutiable value verified by the customs plus customs duties and anti-dumping duties
.

4.
Retrospective collection of anti-dumping duties

From September 7, 2021 to January 6, 2022, the deposit provided by the relevant import operators to the Customs of the People's Republic of China in accordance with the preliminary ruling announcement shall be subject to the scope of products subject to anti-dumping duties and the anti-dumping duty rate determined by the final ruling.
The levy is calculated and converted into anti-dumping duty, and the import value-added tax is calculated and levied according to the corresponding value-added tax rate
.
During this period, the part of the deposit provided by the relevant import operators in excess of the anti-dumping duty, and the part of the import value-added tax levied over it, will be refunded by the customs, and the less levied part will not be levied
.

Anti-dumping duties shall not be levied retrospectively on polyphenylene ethers originating in the United States imported before the implementation of the temporary anti-dumping measures
.

5.
Time limit for collecting anti-dumping duties

The implementation period of anti-dumping duties on imported polyphenylene ether originating in the United States will be 5 years from January 7, 2022
.

6.
Review of new exporters

For new exporters from the United States that did not export the products under investigation to the People's Republic of China during the investigation period, if they meet the conditions, they may apply in writing to the investigation authority for new exporter review in accordance with Article 47 of the Anti-dumping Regulations
.

7.
Period review

During the collection of anti-dumping duties, relevant interested parties may, in accordance with the provisions of Article 49 of the Anti-dumping Regulations, apply in writing to the investigation authority for an interim review
.

8.
Administrative reconsideration and administrative litigation

Those who are not satisfied with the final decision of this case and the decision to levy anti-dumping duties may apply for administrative reconsideration according to the provisions of Article 53 of the Anti-dumping Regulations, or file a lawsuit with the people's court according to law
.

This announcement will be implemented from January 7, 2022
.

Ministry of Commerce

January 6, 2022