Ministry of Commerce Announcement No. 81 of 2018 Announcement on the Final Determination of the Anti-dumping Investigation on Imports of Ethanolamine originating from the United States, Saudi Arabia, Malaysia and Thailand
【Release Unit】 Ministry of Commerce of the People's Republic of China
【Release Number】 Announcement No. 81 of 2018
【Release Date】October 29, 2018
In accordance with the provisions of the Regulations of the People's Republic of China on Anti-Dumping (hereinafter referred to as the "Anti-Dumping Regulations"), on October 30, 2017, the Ministry of Commerce (hereinafter referred to as the investigating authority) issued Notice No. 67 of 2017, deciding to conduct an anti-dumping investigation into imports of ethanolamine originating from the United States, Saudi Arabia, Malaysia and Thailand (i.e., the product under investigation).
The investigating authority investigated whether dumping and the margin of dumping existed for the investigated products, whether the investigated products caused damage to the domestic ethanolamine industry and the extent of damage, and the causal relationship between dumping and damage. Based on the investigation results and the provisions of Article 24 of the Anti-Dumping Regulations, on June 16, 2018, the investigating authority issued a preliminary ruling announcement, which preliminarily found that there was dumping of imported ethanolamine originating from the United States, Saudi Arabia, Malaysia and Thailand, that the Chinese ethanolamine industry was materially damaged, and that there was a causal relationship between dumping and material damage.
After the preliminary determination, the investigating authority continued to investigate the dumping and dumping margin, the damage and the extent of damage, and the causal relationship between dumping and damage. Now the investigation of this case is completed, according to the "anti-dumping regulations" Article 25, the investigating authority made the final decision (see annex). The relevant matters are announced as follows.
I. Final ruling
The investigating authority finally ruled that there is dumping of imported ethanolamine originating from the United States, Saudi Arabia, Malaysia and Thailand, and the domestic ethanolamine industry is materially damaged, and there is a causal relationship between dumping and material damage.
Second, the imposition of anti-dumping duties
According to Article 38 of the Anti-Dumping Regulations, the Ministry of Commerce proposed to the Tariff Commission of the State Council to impose anti-dumping duties, and the Tariff Commission of the State Council made a decision based on the recommendation of the Ministry of Commerce to impose anti-dumping duties on imports of ethanolamine originating from the United States, Saudi Arabia, Malaysia and Thailand since October 30, 2018.
The specific description of the investigated products is as follows.
Scope of investigation: imports of ethanolamine originating in the United States, Saudi Arabia, Malaysia and Thailand.
Name of the product under investigation: Ethanolamines (including: monoethanolamine, diethanolamine, triethanolamine), the English name is Ethanolamines, abbreviated as EA.
Monoethanolamine, also known as: monoethanolamine, 2-aminoethanol, 2-hydroxyethylamine
English name: Monoethanolamine,2-Aminoethanol, 2-Aminoethyl alcoho (abbreviation: MEA)
Chemical molecular formula: H2NCH2CH2OH
Diethanolamine, also known as: 2,2'-dihydroxydiethylamine, 2,2'-iminodiethanol
English name: Diethanolamine,2, 2'-Dihydroxydiethylamine, 2,2'-Iminodiethanol (abbreviation: DEA)
Chemical formula: HN(CH2CH2OH)2
Triethanolamine, also known as: tris(2-hydroxyethyl)amine, trihydroxytriethylamine
English name: Triethanolamine, Tris(2-Hydroxyethyl) amine, Trihydroxytriethylamine (abbreviation: TEA)
Chemical molecular formula: (HOC2H4)3N
Physical and chemical properties: Ethanolamine is the general name of monoethanolamine, diethanolamine and triethanolamine, which is usually produced by the reaction of ethylene oxide and liquid ammonia, and is an alcohol-amine organic compound with some common chemical characteristics of both amines and alcohols. The appearance of ethanolamine is usually colorless to light yellow transparent liquid, below the solubility point is colorless to light yellow solid, slightly amine smell, hygroscopic, soluble in water, ethanol, etc., slightly soluble in benzene, ether, etc.
Main uses: Ethanolamine is mainly used in the production of surfactants, pesticides and pharmaceutical intermediates, daily chemicals and personal hygiene products. It is also used as raw material to make emulsifier, fluorescent whitening agent VBL, oil refining (acid) gas treatment agent, cement grinding aid, cutting fluid, water reducing agent, industrial antifreeze, petroleum additive, leather softener, lubricant anti-corrosion agent, anti-carbon additive, etc. It is widely used in industrial cleaning, gas purification, pesticide and pharmaceutical, daily chemical, textile printing and dyeing, construction and building materials, metal processing and other industries.
The product is classified under the Import and Export Tariff of the People's Republic of China: 29221100, 29221200 and 29221310 (29221310 adjusted to 29221500 from 2017). The product scope of this investigation does not include monoethanolamine salt under 29221100 and diethanolamine salt under 29221200.
The anti-dumping duty rates levied on the companies are as follows.
Companies in the United States.
1. Dow Chemical Company 76.0%
(The Dow ChemicalCompany)
2. INEOS Americas, Inc. 97.1%
(INEOS Americas LLC)
3. Huntsman Petrochemicals LLC 97.1%
4. All Others 97.1%
Companies in Saudi Arabia.
1. Saudi Basic Industries Company 10.1%
(SaudiBasic Industries Corporation)
2. Other Saudi Arabian companies (All Others) 27.9%
Malaysian companies: 1.
1. Petronas Petrochemicals Derivatives Corporation/Malpec Marketing (Labuan) Limited 18.3%
(PETRONASCHEMICALS DERIVATIVES SDN BHD/ PETRONAS CHEMICALS MARKETING (LABUAN) LTD)
(This rate is only applicable to the export and sale of the investigated products manufactured by PETRONAS CHEMICALS DIVATIVES SDN BHD/ PETRONAS CHEMICALS MARKETING (LABUAN) LTD to China, in any other case, the anti-dumping duty rate of "other Malaysian companies" is applicable)
2. All Others 20.3%
Companies in Thailand:
1. TOC GLYCOL COMPANYL 37.6%
(TOC GLYCOL COMPANYLIMITED)
2. Other Thai companies (All Others) 37.6%
III. Method of imposing anti-dumping duties
Since October 30, 2018, import operators shall pay the corresponding anti-dumping duties to the Customs of the People's Republic of China when importing imported ethanolamine products originating from the United States, Saudi Arabia, Malaysia and Thailand. The anti-dumping duty is levied ad valorem on the customs-validated duty-paid price, calculated as follows: anti-dumping duty = customs-validated price × anti-dumping duty rate. The VAT on import links is calculated ad valorem on the basis of the customs duty-paid price plus customs duty and anti-dumping duty.
Fourth, the retroactive imposition of anti-dumping duties
From June 23, 2018 to October 22, 2018, the deposit provided by the import operator to the Customs of the People's Republic of China in accordance with the preliminary ruling shall be converted into anti-dumping duty according to the scope of goods and the anti-dumping duty rate determined by the final ruling, and the VAT on imports shall be levied at the corresponding VAT rate. During this period, the portion of the security deposit provided by the importing operator in excess of the anti-dumping duty and the resulting excess import VAT shall be refunded by the Customs, and the lesser portion shall not be levied.
The anti-dumping duty shall not be retroactively imposed on imports of ethanolamine originating from the United States, Saudi Arabia, Malaysia and Thailand before June 22, 2018 (including that day) and between October 23 and October 29, 2018.
V. Period for imposing anti-dumping duties
The anti-dumping duties on imports of ethanolamine originating in the United States, Saudi Arabia, Malaysia and Thailand shall be imposed for a period of five years from October 30, 2018.
VI. Review of new exporters
For new export operators from the United States, Saudi Arabia, Malaysia and Thailand who have not exported the investigated products to the People's Republic of China during the investigation period, they may, if eligible, apply in writing to the investigating authority for review of new exporters in accordance with Article 47 of the Anti-Dumping Regulations.
VII. Review during the period
During the period of anti-dumping duties, the interested party may, in accordance with the provisions of Article 49 of the "Anti-Dumping Regulations", apply in writing to the investigating authority for a review of the period.
VIII. Administrative Review and Administrative Litigation
If you are not satisfied with the final decision of the case and the decision to impose anti-dumping duties, you may apply for administrative reconsideration in accordance with the provisions of Article 53 of the Anti-Dumping Regulations, or file a lawsuit with the People's Court in accordance with the law.
IX. This Notice shall be implemented as of October 30, 2018.
Ministry of Commerce
October 29, 2018
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