Announcement on the Final Determination of the Anti-dumping Investigation on Imports of methyl isobutyl (methyl) ketone Originating in the Republic of Korea, Japan and South Africa

Ministry of Commerce Announcement No. 27, 2018

【Issue Unit】Ministry of Commerce of the People's Republic of China
【Issue No.】Announcement No. 27 of 2018
【Issue Date】March 19, 2018

　　According to the "Anti-dumping Regulations of the People's Republic of China" (hereinafter referred to as the "Anti-dumping Regulations"), on March 27, 2017, the Ministry of Commerce (hereinafter referred to as the investigation authority) issued Notice No. 16 of 2017, deciding to initiate an anti-dumping investigation on imports of methyl isobutyl (methyl) ketone (hereinafter referred to as the investigated product) originating in South Korea, Japan and South Africa.

　　The investigation agency investigated whether the products under investigation were dumped and the extent of dumping, whether the products under investigation caused damage to the domestic methyl isobutyl (methyl) ketone industry and the extent of damage, and the causal relationship between dumping and damage. According to the findings and the provisions of Article 24 of the Anti-dumping Regulations, on November 20, 2017, the investigating authorities issued a preliminary ruling announcement, preliminarily concluding that imports of methyl isobutyl (methyl) ketone originating in South Korea, Japan and South Africa were dumped, and China's methyl isobutyl (methyl) ketone industry was materially injured, and there was a causal relationship between dumping and materially injured.

　　Following the initial determination, the investigating authority continued to investigate dumping and the extent of dumping, injury and the extent of injury, and the causal relationship between dumping and injury. The investigation is now concluded, and according to Article 25 of the Anti-dumping Regulations, the investigating authority has made a final ruling (see annex). The relevant matters are hereby announced as follows:

　　1. Final ruling

　　The investigation authority ultimately ruled that imports of methyl isobutyl (methyl) ketone originating in South Korea, Japan and South Africa were dumped, that the methyl isobutyl (methyl) ketone industry in China was materially injured, and that there was a causal relationship between dumping and materially injured.

　　2.Imposing anti-dumping duties

　　In accordance with Article 38 of the Anti-dumping Regulations, the Ministry of Commerce proposed to the Customs Tariff Commission of The State Council to impose anti-dumping duties, and the Customs Tariff Commission of The State Council made a decision based on the proposal of the Ministry of Commerce to impose anti-dumping duties on imports of methyl isobutyl (methyl) ketone originating in the Republic of Korea, Japan and South Africa from March 20, 2018.

　　Specific descriptions of the products under investigation are as follows:

　　Survey Scope：Imported methyl isobutyl (methyl) ketone originating in Korea, Japan and South Africa.

　　Survey Name：Methyl isobutyl (methyl) ketone

　　Name：4-甲基-2-戊酮

　　English Name：Methyl Isobutyl Ketone; 4-Methyl-2-Pentanone

　　Chemical Formula：

　　Chemical Structural Formula：

　　Description：Methyl isobutyl (methyl) ketone is a colorless transparent flammable liquid with a camphor-like odor. Slightly soluble in water, can be miscible with phenol, ether, aldehyde and other organic solvents, animal and plant oil, mineral oil.

　　Main Application：Methyl isobutyl (methyl) ketone is an excellent medium boiling solvent and raw material for organic synthesis. In terms of solvents, it is mainly used in coatings, medicine, pesticides, solvent dewaxing solvents, rare metal extractants, tapes, inks, epoxy resins, adhesives, atomic absorption spectrophotometric analysis, etc., and can also be used as a solvent for the production of automotive advanced paint, ship paint, container paint, etc. In terms of organic synthesis raw materials, methyl isobutyl (A) ketone is the raw material of synthetic rubber antioxidant 4020, methyl isobutyl methanol, polymer initiator, epoxy resin latent curing agent, special surfactants and so on.

　　This product belongs to the import and Export Tariff of the People's Republic of China: 29141300。

　　The anti-dumping duty rates imposed on each company are as follows:

　　Korea Company:

　　1.KUMHO P&B CHEMICALS, INC.　　　　　　　　　　　　　18.5%

　　2.All Others　　　　　　　　　　　　　　　　　　　　　        32.3%

　　Japan Company：

　　1.Mitsui Chemicals, Inc. 　　　　　　　　　　　　　　　　　 45.0%

　　2.Mitsubishi Chemical Corporation　　　　　　　　　　　　　47.8%

　　3.All Others　　　　　　　　　　　　　　　　　　　　　　   190.4%

　　South Africa Company：

　　1.Sasol South Africa(Pty) Ltd.　                                                 15.9%

　　2.AllOthers　　　　                                                          　     34.1%

　　3、Methods for levying anti-dumping duties

　　Since March 20, 2018, import operators shall pay corresponding anti-dumping duties to the Customs of the People's Republic of China when importing methyl isobutyl (methyl) ketone originating in the Republic of Korea, Japan and South Africa. Anti-dumping duty shall be assessed at the customs value as determined by the customs. The calculation formula is: anti-dumping duty = customs value × anti-dumping duty rate. Value added tax (VAT) in import links shall be assessed at the customs value approved by the customs plus customs duty and anti-dumping duty as the assessable price.

　　4、Retrospective collection of anti-dumping duties

　　For the deposits provided to the Customs of the People's Republic of China by the relevant import operators from November 20, 2017 to March 19, 2018 in accordance with the announcement of the preliminary ruling, anti-dumping duties shall be levied and converted to anti-dumping duties according to the scope of commodities subject to anti-dumping duties and the rate of anti-dumping duties determined by the final ruling, and VAT on the import link shall be levied at the corresponding VAT rate. During this period, the deposit provided by the relevant import operators in excess of the anti-dumping duty, as well as the additional import value-added tax, the customs will be refunded, and the less levied part will no longer be collected.

No retrospective anti-dumping duties shall be imposed on imports of methyl isobutyl (methyl) ketone originating in the Republic of Korea, Japan and South Africa imported before the date of implementation of the provisional anti-dumping measures.

　　5、Time limit for levying anti-dumping duties

　The anti-dumping duty on imports of methyl isobutyl (methyl) ketone originating in the Republic of Korea, Japan and South Africa will be applied for a period of five years from March 20, 2018。

　　6、New exporter review

　For new export operators from South Korea, Japan and South Africa that have not exported the products under investigation to the People's Republic of China during the investigation period, if they meet the conditions, they may, in accordance with the provisions of Article 47 of the Anti-dumping Regulations, apply in writing to the investigation authorities for a review of the new exporters.

　　7、Interim review

　　During the period of levying anti-dumping duties, interested parties may, in accordance with the provisions of Article 49 of the Anti-dumping Regulations, apply in writing to the investigating authorities for interim review.

　　8、Administrative reconsideration and administrative litigation

　　If the case is not satisfied with the final ruling and the decision to impose anti-dumping duties, in accordance with the provisions of Article 53 of the Anti-dumping Regulations, it may apply for administrative reconsideration in accordance with law, or it may bring a lawsuit in a people's court in accordance with law.

　　9、This announcement will take effect from March 20, 2018。