MOFCOM Announcement No.39 of 2017 on Case-filing for Anti-dumping Investigation against Imports of Broiler Products Originated in Brazil
The Ministry of Commerce of the People’s Republic of China (hereinafter referred to as the “MOFCOM”) received, on June 28, 2017, a written petition for anti-dumping investigation formally submitted by China Animal Agriculture Association (hereinafter referred to as “the Applicant”) on behalf of domestic industry of broiler products, in which the Applicant requested an anti-dumping investigation to be conducted against imports of broiler products originated in Brazil. In accordance with relevant provisions of the Anti-dumping Regulations of the People's Republic of China, the MOFCOM conducted an investigation into the qualification of the Applicant, relevant situations of the products in question and the products of the same kind in China, impact of the imported products on domestic industry and the relevant situations of countries (regions) involved.
According to the evidence provided by the Applicant and the preliminary review of the MOFCOM, the total output of broiler products of the Applicant in 2013, 2014, 2015 and 2016 accounts for more than 50% of that of the same kind in China, and therefore the provisions of Article 11 and Article 13 of the Anti-dumping Regulations of the People's Republic of China on applying by domestic industry for anti-dumping investigation are met.
It is claimed in the petition that, imports of broiler products originated in Brazil are exported to China at a price lower than the normal value. According to the evidence and information reasonably obtained by the Applicant, with the sales price of the same kind of products as the underlying products in Brazil as the basis for determining the normal value of Brazil's broiler products and the price for the products exported to China according to the statistics of Chinese customs as the basis for determining the export price, adjusted by various factors affecting the comparability of the prices, it is claimed in the petition that the dumping margin of the products involved in the petition is comparatively large. In the meanwhile, it is claimed in the petition, that the products entering into Chinese market increase as a whole with price significantly going down, and will cut down and press the prices of similar products in the domestic market, thus leading to lower increase in capacity, sales volume and sale revenue, decline of the sales price as a whole, negative value of ROI and substantial damages to domestic industry. Moreover, there are causal links between the dumping of the underlying products and the substantive injuries suffered by the domestic industry. Upon review, the MOFCOM believes that the petition contains the contents and relevant evidence as required in Article 14 and Article 15 of the Anti-dumping Regulations of the People's Republic of China.
In accordance with the above mentioned review results and Article 16 of the Anti-dumping Regulations of the People's Republic of China, the MOFCOM decided to initiate an anti-dumping investigation into imports of broiler products originated in Brazil as of August 18, 2017. Relevant matters are hereby announced as follows:
I. Investigation and Investigation Period
As of the date hereof, the MOFCOM conducts anti-dumping case-filing investigations against imports of broiler products originated in Brazil within an investigation period from April 1, 2016 to March 31, 2017, and the investigation period of industry injury is from January 1, 2013 to March 31, 2017.
II. Products under Investigation and Scope of Investigation
Scope of investigation: Imports of broiler products originated in Brazil
Name of the Products under Investigation: 白羽肉鸡产品
English name: Broiler products or chicken products
Description: broiler products are those that have been processed after living white broiler is slaughtered in, including the whole chicken, the segmentation and by-products thereof, whether fresh, cold or frozen. Live chicken, broiler products canned and packaged or stored in other similar manners, chicken sausage and similar products, cooked chicken products are not within the scope of imported products to be applied for investigation.
Main purposes: Broiler products are basically used for human consumption in domestic market and are usually sold to consumers directly or indirectly through the farmers' markets, supermarkets and other wholesale or retail manners, food and beverage and other channels.
The product is listed under tariff numbers of 02071100, 02071200, 02071311, 02071319, 02071321, 02071329, 02071411, 02071419, 02071421, 02071422, 02071429 and 05040021 in the Customs Import and Export Tariff of the People’s Republic of China.
III. Registration for Participating in the Investigation
Any interested party may register with the Trade Remedy and Investigation Bureau of the MOFCOM for participating in this round of anti-dumping investigation within 20 days after the date of release hereof. Interested parties participating in the investigation are required to provide basic identity information, quantity and amount of the products under investigation exported to or importing from China, quantity and amount of similar products produced and sold and relationship and other illustrative materials based on the Reference Format of the Registration to Participate in the Investigation, which can be downloaded from the relevant website (URL attached, the same below).
For the purposes hereof, the interested parties are individuals and organizations as defined in Article 19 of the Anti-dumping Regulations of the People's Republic of China.
IV. Access to Public Information
Interested parties can download from the related websites or search, read, transcribe and copy the non-confidential version of the application submitted by the Applicant in the MOFCOM Trade Relief Public Information Office (Tel: 0086-10-65197878). In the process of investigation, the interested parties can refer to public information about the case through the relevant websites, or search, read, transcribe and copy the same in the MOFCOM Trade Relief Public Information Office.
If any interested party has any comments on the product scope, the qualification of the applicants, and countries (regions) covered by the investigation regarding this investigation and other related questions, it may submit its opinions in written form to Trade Remedy and Investigation Bureau of the MOFCOM within 20 days after the date of release hereof.
VI. Investigation Methods
In accordance with Article 20 of the Anti-dumping Regulations of the People's Republic of China, the MOFCOM may get to know the related situation and conduct investigation via questionnaire, sampling, hearing, site investigation and other manners from the interested parties.
In order to obtain the information required for the investigation of this case, the MOFCOM usually issues questionnaires within 10 working days from the deadline for registering for participating in the investigation as prescribed herein, to overseas importers or producers and domestic manufacturers and importers. Interested parties registered can download the questionnaire from the relevant sites.
Information inquired in the Questionnaire for Foreign Exporters or Producers of the Anti-dumping Case of Broiler Products includes such matters as organization and operation of the company, products under investigation, export sales to China (Mainland), domestic sales, operation and financial information, production costs and relevant expenses, estimated dumping margin and verification sheets as well as other contents. The information inquired in the Questionnaire for Domestic Producers of the Anti-dumping Case of Broiler Products includes the basic information of the company, details of the domestic products of the same kind, operation and relevant information, financial and relevant information as well as other issues required to be stated. The information inquired in the Questionnaire for Domestic Importers of the Anti-dumping Case of Broiler Products includes the basic information of the company, the trading information of the products under investigation and relevant information.
Other interested parties who do not register for participating in the investigation can download the questionnaire from the related websites, or obtain the same from the Trade Remedy and Investigation Bureau of the Ministry of Commerce and fill in the same as required.
All the companies are required to submit complete and accurate answers within the time as specified. Answers shall include all the information as required by the questionnaires.
VII. Submission and Processing of Confidential Information
Where it is necessary to keep confidential the information submitted by the interested parties to the MOFCOM, the interested parties may request the MOFCOM to make confidential treatments and explain the reasons. If the MOFCOM agrees on its request, the interested party applying for confidentiality shall provide non-confidential summary of the confidential information at the same time. Non-confidential summary shall contain sufficient and meaningful information to enable other interested parties to have a reasonable understanding of the confidential information. If the non-confidential summary cannot be provided, reasons shall be made clear. If the interested party does not require for confidential treatment for the information it has submitted, the MOFCOM will consider the said information as public information.
VIII. Consequences of Non-cooperation
In accordance with Article 21 of the Anti-dumping Regulations of the People's Republic of China, when the MOFCOM makes an investigation, an interested party shall faithfully reflect situations and provide relevant materials. If an interested party fails to do so, fails to provide necessary information within a reasonable time, or seriously impedes an investigation in any other way, the MOFCOM may give a ruling according to facts already obtained and the best information available.
IX. Investigation Period
This investigation starts on August 18, 2017, and usually ends prior to August 18, 2018; however, the investigation can be extended to February 18, 2019 under special circumstances.
X. Contact Information
Address: No. 2 Dong Chang'an Avenue, Beijing, China
Postal code: 100731
Trade Remedy and Investigation Bureau of the Ministry of Commerce
Tel.: 0086-10-65198197, 65198194
Related websites: The Trade Remedy and Investigation Bureau sub-website of the MOFCOM website (http://trb.mofcom.gov.cn).
China Trade Remedy Information Network (http://www.cacs.mofcom.gov.cn)
Ministry of Commerce of the People's Republic of China
August 18, 2017
Issue on 2017-8-24