MOFCOM Announcement No.32 of 2017 on the Preliminary Ruling of the Anti-dumping Investigation into Imports of POM Copolymer Originated in the Republic of Korea, Thailand and Malaysia
MOFCOM In accordance with the Anti-dumping Regulations of the People's Republic of China (hereinafter referred to as the "Anti-dumping Regulations"), on October 24, 2016, the Ministry of Commerce (hereinafter referred to as the "Investigation Authority") issued the Announcement No.57 of 2016, deciding to carry out the anti-dumping investigation into imports of POM copolymer (hereinafter referred to as the "Products under Investigation") originated in the Republic of Korea, Thailand and Malaysia.
The Investigation Authority has investigated into the existence of dumping of the Products under Investigation and the dumping margin, the existence of damage to China's domestic industry of POM copolymer caused by the Products under Investigation and the extent of such damage, as well as the causal relationship between the dumping and the damage. According to the investigation findings and Article 24 of the Anti-dumping Regulations, the Investigation Authority made a preliminary ruling (See Appendix). The relevant matters are hereby announced as follows:
I. Preliminary Ruling
The Investigation Authority preliminarily affirmed that there was dumping on imports of POM copolymer originated in the Republic of Korea, Thailand and Malaysia, and the same domestic industry in China was substantially damaged, and there was a causal relationship between the dumping and the substantive damage.
II. Levy of Margin
The Investigation Authority, in accordance with Article 28 and Article 29 of the Anti-dumping Regulations, decided to implement temporary anti-dumping measures in the form of margin. Since June 30, 2017, the importers shall provide the corresponding margin to the Customs of the People's Republic of China based on the margin ratio for each company determined by the preliminary ruling when importing the Products under Investigation.
Details of the Products under Investigation are as follows:
Scope of investigation: imported POM copolymer originated in the Republic of Korea, Thailand and Malaysia.
Name of the Products under Investigation (in Chinese):共聚聚甲醛，又称聚氧亚甲基共聚物，或聚氧化甲烯共聚物.
Name of the Products under Investigation (in English): Polyformaldehyde Copolymer, or Polyoxymethylene Copolymer, or Copolymer-type Acetal Resin, or Acetal Copolymer, and they are generally called POM Copolymer for short.
Chemical formula: -[CH2-O]n-[CH2-O-CH2-CH2]m-(n>m).
Physicochemical characteristics: POM Copolymer consists of formaldehyde, having the main chain of -CH2-O- and the thermoplastic resin of embedded chemical bond of -[CH2-O-CH2-CH2]- (the content of -CH2-O- is more than 50% by weight), and it is milky or flaxen granular solid at normal temperature, and at the same time, meets the following performance indexes:
Main purposes: POM Copolymer possesses high mechanical strength, fatigue durability and creep resistance and other good comprehensive mechanical properties; therefore, it can partially replace copper, zinc, tin, lean and other metal materials, and can be directly used for or used upon modification for auto parts, electric products, industrial machine, daily necessities, sports equipment, medical appliances, pipe fittings, building materials and other fields.
The product is listed under tariff numbers of 39071010 and 39071090 in the Customs Import and Export Tariff of the People's Republic of China. POM-H, modified POM and other products under the two tariff numbers are excluded from the scope of the Products under Investigation.
The margin ratio levied for each company is made as follows:
Companies of the Republic of Korea:
1. KOREA ENGINEERING PLASTICS CO., LTD. 30.0%
2. KOLON PLASTICS, INC. 6.1%
3. All Others 30.4%
Companies of Thailand:
1. THAI POLYACETALCO CO., LTD. 23.7%
2. All Others 34.9%
Companies of Malaysia:
1. Polyplastics Asia Pacific Sdn.Bhd. 7.6%
2. All Others 9.5%
III. Methods of Levying Margin
Since June 30, 2017, the importers shall provide the corresponding margin to the Customs of the People's Republic of China based on the dumping margin for each company determined by the preliminary ruling when importing POM copolymer originated in the Republic of Korea, Thailand and Malaysia. The margin shall be levied by means of ad valorem on the basis of dutiable value authorized by China Customs, and the calculation formula is: margin = (dutiable value authorized by China Customs × margin ratio) × (1 + import value-added tax rate).
Each stakeholder may, within 10 days as of the date of promulgation of the Announcement, submit written comments to the Investigation Authority.
Ministry of Commerce
June 26, 2017