Most concerned about China's first newsprint anti-

2022-08-22
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Pay attention to China's first paper anti-dumping investigation case

I. Case background

paper anti-dumping case is China's first anti-dumping investigation case. Since 1995, a large number of paper from the United States, Canada and South Korea have been exported to China at low prices, which has seriously impacted China's paper industry. Jilin paper (Group) Co., Ltd. and Guangzhou made 1.3 experimental machine, which represent the domestic paper industry, should be designed with reasonable structure, beautiful appearance, simple operation and easy maintenance. Paper Co., Ltd., Yibin Paper Co., Ltd., Jiangxi Paper Co., Ltd., Yueyang Paper (Group) Co., Ltd., Shixian paper mill, Qiqihar paper mill, Yalujiang paper mill Fujian Nanping Paper Mill and other nine major paper mills held an industrial conference in Yibin, Sichuan Province in October 1996 and reached an agreement that the recent plight of Chinese paper manufacturers was not caused by themselves, but by the dumping of imported paper. At that time, China did not issue anti-dumping regulations, and there were no specific legal provisions for using anti-dumping legal weapons to safeguard the legitimate rights and interests of the industry, so no legal action was taken at that time

on March 25th, 1997, the anti dumping and countervailing regulations of the people's Republic of China came into force, and the nine major domestic paper production enterprises quickly reached an agreement, authorizing Beijing Huanzhong law firm to fully represent China's paper industry and file an application for paper anti-dumping investigation with the Ministry of foreign trade and economic cooperation of the people's Republic of China

II. Trial procedure

on November 10, 1997, the domestic paper manufacturers of the nine major countries submitted an application to the Ministry of foreign trade and economic cooperation of the people's Republic of China on behalf of China's paper industry, requesting an anti-dumping investigation on paper from the United States, Canada and South Korea

after consulting with the State Economic and Trade Commission, the Ministry of foreign trade and economic cooperation officially announced the filing of the case on December 10, 1997 and began an anti-dumping investigation on paper imported into the people's Republic of China from the United States, Canada and South Korea. The investigation period was from December 10, 1996 to December 9, 1997

on January 12, 1998, the Ministry of foreign trade and Economic Cooperation issued a questionnaire on dumping to the governments of exporting countries, known exporters and exporters who registered to respond to the lawsuit within the period specified in the notice of filing. Within the specified time, the Ministry of foreign trade and economic cooperation received responses from five Canadian companies and one Korean company, but did not receive responses from American companies

on January 15, 1998, the State Economic and Trade Commission issued a damage questionnaire to relevant domestic production enterprises, and all the questionnaires were withdrawn within the specified time

the utilization rate of electronic waybills of major express brand agreement customers reached more than 90%. On July 9, 1998, the Ministry of foreign trade and Economic Cooperation issued a preliminary determination announcement, which believed that the United States, South Korea and Canada had dumping on China's export paper, there was material damage to domestic related industries, and there was a causal relationship between the material damage of domestic related industries and the dumping of imported products. The Ministry of foreign trade and economic cooperation has decided that the customs of the people's Republic of China will implement temporary anti-dumping measures against imported paper originating in the United States, Canada and South Korea from July 10, 1998. When importing paper originated from the above three countries, the import operator must provide the customs with a cash deposit corresponding to the dumping margin (17.11% - 78.93%) determined by the preliminary determination

after the preliminary determination, the MOFTEC and the SETC received written comments and supplementary materials from the interested parties involved respectively within the time limit specified in the preliminary determination, and met with the relevant interested parties upon request

On October 14th, 1998, the Ministry of foreign trade and Economic Cooperation (MOFTEC) held a public information disclosure meeting on the anti-dumping investigation of imported paper at the request of the relevant stakeholders, and the relevant stakeholders consulted the relevant materials

on September 25th, 1998, the State Economic and Trade Commission again issued the damage questionnaire to domestic production enterprises, and all of them were recovered within the specified time

at the invitation of Korean Hansong Paper Co., Ltd. in early November 1998, the Ministry of foreign trade and economic cooperation and the General Administration of Customs conducted a field inspection on it to check the integrity, authenticity and relevance of the materials provided by Korean Hansong company

from October to November 1998, the State Economic and Trade Commission went to some domestic production enterprises for on-the-spot investigation and verification

On June 3, 1999, the Ministry of foreign trade and Economic Cooperation issued the announcement of the final determination. In the announcement of the final determination, the Ministry of foreign trade and economic cooperation determined that the investigated products exported by the respondent companies to China during the investigation period had been dumped; The State Economic and Trade Commission has determined that a large number of low-cost dumped papers originating from the United States, Canada and South Korea have caused substantial damage to China's paper industry, and there is a direct causal relationship between dumping and damage. It has decided that the customs will impose anti-dumping duties (with tax rates ranging from 9% to 78% respectively) on imported papers originating from the above three countries (the customs import tariff number is). The implementation period of the above measures is five years from July 10, 1998

III. reasons for the final determination of the Ministry of foreign economic relations and trade cooperation

(I) product similarity

the Ministry of foreign trade and economic cooperation and the State Economic and Trade Commission recognized that the imported paper originating in the above three countries is the same as the paper produced by Chinese domestic enterprises in terms of chemical composition, physical properties, technical characteristics and uses, with similarity and comparability, and belongs to similar products

(II) dumping and dumping margin

1. Determination of normal value for the normal value of each respondent company, the Ministry of foreign trade and economic cooperation determined as follows:

1) Canada hausen pulp and Paper Co., Ltd. claimed that it had no domestic sales, and the Ministry of foreign trade and economic cooperation decided to adopt the relevant data in the company's 1997 financial report according to law to determine its normal value in the form of structural price

2) Canada Xiongshi group, Pacific paper company, avina company, because there is no leakage problem, which is also a knot that has been troubled for many years, all provided domestic sales and the financial information provided did not meet the requirements, while the answer sheet of Finley forest industry company did not provide the Chinese text, so the Ministry of foreign trade and economic cooperation decided to use the best available materials, that is, the normal value of hausen company was used to determine the normal value of the above companies

3) South Korea made full use of the fluorite resources and production advantages of our province. After on-site verification, the Ministry of foreign trade and economic cooperation agreed to use the domestic sales price of the company to determine its normal value

2. Determination of export price

among the responding companies, hausen, Xiongshi group, Pacific paper, avina and Hansong all reported their exports and export prices to China during the investigation period. After examination, the Ministry of foreign trade and economic cooperation decided to use the data provided by the above company, while Canada Finley forest industry company only provided the commercial invoice for exports to China in the answer sheet, without providing other relevant certificates. The Ministry of foreign economic relations and trade cooperation decided to use "the best available information" to determine the export price of the company

3. Determination of dumping margin

the Ministry of foreign trade and economic cooperation compares the normal value and export price of each respondent company on the basis of the export price of the exporting country, and makes necessary adjustments to the following factors: transportation fees, insurance fees, packaging fees, port charges, credit fees, rebates, agency fees, taxes, etc. After adjustment and comparison, the Ministry of foreign economic relations and trade cooperation determined that the investigated products exported by the respondent companies to China during the investigation period were dumped, and the dumping difference was the difference between the determined normal value and the adjusted export price. After calculation, the dumping margins of each company ranged from 9% to 78%. Since American companies did not respond to the lawsuit, the dumping margin of all American companies was 78%. (to be continued)

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