As prescribed in the Regulations of the People’s Republic of China on Anti-dumping, the Ministry of Commerce (hereinafter referred to as "the investigating authority") released its Announcement No. 63 on October 23, 2009 and decided to launch an anti-dumping investigation into X-Ray security inspection equipment originated from the EU (hereinafter referred to as "investigated product"). Tariff No. of the investigated product is 90221910 under Import and Export Tariffs of the People's Republic of China.
The investigating authority has investigated into the existence of dumping and the dumping margin, the injury to China’s X-Ray security inspection equipment industry and the extent of the injury, and the causal relationship between dumping and injury. According to the investigation findings and Article 24 of the Regulations of the People’s Republic of China on Anti-dumping, the investigating authority has released a preliminary ruling on June 9, 2010, determining that dumping exists in the investigated product, that there is material injury to the Chinese domestic industry, and that there is a causal relationship between dumping and injury.
Following the preliminary ruling, the investigating authority continued its investigation into dumping and dumping margin, injury and its extent, and the causal relationship between dumping and injury. Upon conclusion of the investigation, the investigating authority has made the final ruling in accordance with the investigation findings and Article 25 of the Regulations of the People’s Republic of China on Anti-dumping, and announces the following:
I. Final Ruling
After the investigation, the investigating authority ruled that dumping exists in the X-Ray security inspection equipment originated from the EU, and that it has caused material injury to China’s domestic X-Ray security inspection equipment industry, and that there is a causal link between dumping and material injury.
II. Anti-dumping Duties
As prescribed in the Regulations of the People’s Republic of China on Anti-dumping, the investigating authority proposed to the Customs Tariff Commission of the State Council to impose anti-dumping duties. The Customs Tariff Commission determined to impose anti-dumping duties on X-Ray security inspection equipment originated from the EU from January 23, 2011.
The product is described as “Low-dose X-Ray security inspection equipment” and its Tariff Number is 90221910 under the Import and Export Tariffs of the People's Republic of China.
Rates of Anti-dumping Duty:
1. Smiths Heimann Gmbh 33.5%
2. All Others 71.8%
III. Methods of Levying Anti-dumping Duties
Importers should place related anti-dumping duties at Chinese Customs when import operators import such products. The anti-dumping duty shall be levied by means of ad valorem on the basis of dutiable value authorized by Chinese Customs. Computational Formula: Anti-dumping duty=dutiable value× anti-dumping tax rate. Import VAT shall be levied by means of ad valorem on the basis of durable value plus customs tariffs plus anti-dumping duty.
IV. Retroactive Anti-dumping Duties
The deposit placed at Chinese Customs by importers from June 9 of 2010 to January 23 of 2011 shall be transformed as anti-dumping duties in accordance with the commodity range and the rate of anti-dumping duty prescribed in the final ruling, and levied import VAT in accordance with relevant VTA rates. Chinese Customs will return the extra deposit if it exceeds the anti-dumping duty and relevant Import VAT; and will not levy the rest if it is lower.
Anti-dumping duties on those X-Ray security inspection equipment imported before the release date of the announcement on taking provisional anti-dumping measures will not be levied retroactively.
V. Duration of Anti-dumping Duties
The ruling to levy anti-dumping duties on X-Ray security inspection equipment imports from the EU shall be effective as of January 23, 2011 and last 5 years.
VI. Review on New Exporters
New exporters who have not exported the product in question to the People's Republic of China within the period of investigation may apply to the investigating authority for review as prescribed in Article 47 of the Regulations of the People’s Republic of China on Anti-dumping if eligible.
VII. Midterm Review
During the period of the application of anti-dumping duties, interested parties may apply to the investigating authority for a midterm review in accordance with Article 49 of the Regulations of the People’s Republic of China on Anti-dumping.
VIII. Administrative Reconsideration and Lawsuit
Where any party is not satisfied with a final ruling or a decision on whether or not to impose an anti-dumping duty, it may, in accordance with Article 53 of the Regulations of the People’s Republic of China on Anti-dumping, apply for administrative reconsideration or file a lawsuit in the people's court.
IX. The Announcement shall come into force as of January 23, 2011.
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