On October 12, 2021, the Ministry of Commerce issued an announcement on the final review ruling on anti-dumping measures for imported polyamide-6,6 chips originating in the United States.
The original text is as follows:
Ministry of Commerce Announcement No. 29 of 2021 on the final review ruling on anti-dumping measures against imported polyamide-6,6 chips originating in the United States
[Issuing Unit] Trade Remedy Bureau
[Issuance number] Ministry of Commerce Announcement No. 29 of 2021
[Issue date] October 12, 2021
On October 12, 2009, the Ministry of Commerce issued Announcement No. 79 of 2009, deciding to ban imported polyamide-6,6 originating from the United States, Italy, the United Kingdom, France and Taiwan. Anti-dumping duties are levied on slices. The anti-dumping tax rates are 25.2%-37.5% for American companies, 5.3%-20.9% for Italian companies, 20.9% for British companies, 20.9% for French companies, and 20.9% for Taiwanese companies. The implementation period is from October 2009. 5 years from the 13th. On October 12, 2015, the Ministry of Commerce issued Announcement No. 37 of 2015, deciding to continue to impose anti-dumping duties on imported polyamide-6,6 chips originating in the United States, Italy, France and Taiwan starting from October 13, 2015. tax, the implementation period is 5 years. Anti-dumping measures on imported polyamide-6,6 chips originating in the UK have expired. On October 12, 2020, in response to the application of the polyamide-6,6 chip industry in mainland China, the Ministry of Commerce issued Announcement No. 42 of 2020, deciding to impose restrictions on imported polyamide-6,6 originating in the United States starting from October 13, 2020. 6,6 The anti-dumping measures applicable to the slices are subject to an end-of-term review investigation. Anti-dumping measures against imported polyamide-6,6 chips originating in Italy, France and Taiwan have expired.
The Ministry of Commerce believes that if anti-dumping measures are terminated, the dumping and damage caused by imported polyamide-6,6 chips originating in the United States to the polyamide-6,6 chip industry in mainland China will continue. An investigation was conducted on the possibility of recurrence or recurrence, and a review ruling was made in accordance with Article 48 of the Anti-dumping Regulations of the People’s Republic of China (hereinafter referred to as the “Anti-dumping Regulations”) (see attachment). The relevant matters are now announced as follows:
1. Review ruling
The Ministry of Commerce ruled that if the anti-dumping measures are terminated, the dumping of imported polyamide-6,6 chips originating in the United States to mainland China may continue or reoccur, and the damage caused to the polyamide-6,6 chip industry in mainland China may continue or occur. Happened again.
II. Anti-dumping measures
According to Article 5 of the Anti-dumping Regulations According to the provisions of Article 10, the Ministry of Commerce made recommendations to the Tariff Commission of the State Council on continuing to implement anti-dumping measures based on the investigation results. The Tariff Commission of the State Council made a decision based on the recommendations of the Ministry of Commerce. Starting from October 13, 2021, the Tariff Commission of the State Council will Anti-dumping duties will continue to be imposed on imported polyamide-6,6 chips for a period of 5 years.
The scope of products subject to anti-dumping duties is the product to which the original anti-dumping measures were applied, which is consistent with the product scope in the Ministry of Commerce Announcement No. 79 of 2009. The details are as follows:
The name of the product under investigation: polyamide-6,6 slices, the full name is polyhexamethylene adipamide.
English name: Polyamide-6,6.
Chemical formula: [NH(CH2)6-NH-CO-(CH2)4-CO]n
Physical Chemistry Features: Translucent or opaque milky white crystalline polymer.
Main uses: Polyamide-6,6 chips are a kind of synthetic resin, widely used in injection molding, spinning, modification, etc., and are used in electronic appliances, military industry, automobiles, etc. Application materials in railway accessories, textiles and other fields.
This product falls under the “Import and Export Tariffs of the People’s Republic of China”: 39081011. Modified polyamide-6,6 slices (referred to as modified polyamide-6,6 slices) that are added with glass fiber, minerals, toughening agents, and flame retardants through secondary screw mixing under this tariff number are not included in this tax code. among the products under investigation. Modified polyamide-6,6 chips are divided into toughened, reinforced, flame-retardant and filled types. The density of toughened modified polyamide-6,6 chips is less than 1.12 g/cm3, and the reinforced type has a density of less than 1.12 g/cm3. , flame-retardant and filled modified polyamide-6,6 chips with a density higher than 1.15 g/cm3.
The tax rate for anti-dumping duties is the same as that stipulated in Announcement No. 79 of 2009 of the Ministry of Commerce. During the investigation, Ascend Performance Materials Operations LLC of the United States changed its English name and applied for the renamed company to inherit the rights and obligations of Ascend Performance Materials LLC in the anti-dumping measures for polyamide-6,6 chips. After review, the investigating authority decided to accept the company’s name change application and agreed that Ascend Performance Materials Operations LLC would inherit the 31.4% anti-dumping tax rate applied by Ascend Performance Materials LLC in the polyamide-6,6 chip anti-dumping measures. Polyamide-6,6 chips exported to mainland China under the name Ascend Performance Materials LLC are subject to the 37.5% anti-dumping tax rate applicable to “other U.S. companies” in the original anti-dumping measures. The specific U.S. corporate tax rate is as follows:
1. Ascend Performance Materials Operations LLC 31.4%
(Ascend Performance Materials Operations LLC)
2. INVISTA Co., Ltd. 25.2%
(INVISTA S.A.R.L.)
3. Other U.S. companies 37.5%
(All others)
3. Methods of levying anti-dumping duties
From October 13, 2021, import operators should pay corresponding anti-dumping duties to the Customs of the People’s Republic of China when importing polyamide-6,6 chips originating in the United States. Anti-dumping duties are levied ad valorem on the duty-paid price approved by the customs. The calculation formula is: anti-dumping duty amount = customs duty-paid price × anti-dumping duty rate. The value-added tax at the import stage is levied ad valorem on the basis of the customs-approved duty-paid price plus customs duties and anti-dumping duties.
IV. Administrative review and administrative litigation
According to the “People’s Article 53 of the Anti-dumping Regulations of the Republic of China stipulates that those who are dissatisfied with this review decision may apply for administrative review in accordance with the law or file a lawsuit with the People’s Court in accordance with the law.
5. This announcement will be effective from October 13, 2021
Attachment: The expiry review ruling of the Ministry of Commerce of the People’s Republic of China on the anti-dumping measures applicable to imported polyamide-6,6 chips originating in the United States
Ministry of Commerce of the People’s Republic of China
October 12, 2021</p