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ANNOUNCEMENT NO.93 OF THE MINISTRY OF COMMERCE ON THE FINAL AWARD OF WEAR RESISTANT OVERLAY

Announcement No.93 of the Ministry of Commerce on the Final Award of Wear Resistant Overlay

[2006] No.93

In accordance with the provisions of the Anti-dumping Regulation of the People's Republic of China, the Ministry of Commerce issued an announcement on the June 13, 2005 and determined to conduct an anti-dumping investigation on imported wear resistant overlay originated from USA and EU.

The Ministry of Commerce has investigated the dumping and the margin of dumping, the injury and the injury degree and the causality between the dumping and the injury. According to the investigation result and provisions of Article 24 of the Anti-dumping Regulation of the People's Republic of China, the Ministry of Commerce made an announcement of the preliminary arbitration, in which it is confirmed that the investigated product made dumping, the Chinese industry was materially injured, and there is causality between the dumping and the material injury.

After making a preliminary arbitration, the Ministry of Commerce continued the investigation on the dumping and the margin of dumping, the injury and the injury degree and the causality between the dumping and the injury. Now the investigation is ended. In light of the investigation result and in accordance with the provisions of Article 25 of the Anti-dumping Regulation of the People's Republic of China, the Ministry of Commerce made the final arbitration (see Appendix). The related issues are publicized as follows:

1.

Final arbitration

After investigation, the Ministry of Commerce finally arbitrates that the imported wear resistant overlay originated from USA and EU made dumping, the Chinese industry was injured actually, and there is causality between the dumping and the material injury.

2.

Levying anti-dumping duty

In accordance with the related provisions of the Anti-dumping Regulation of the People's Republic of China, the Customs Tariff Commission of the State Council decided to levy anti-dumping duty on imported wear resistant overlay originated from USA and EU as from December 13, 2006.

The investigated product is listed under Tariff No. 48043900 in the Customs Tariff of Import and Export of the People's Republic of China.

The descriptions of the investigated product are as follows:

Product name: wear resistant overlay

English name: wear resistant overlay

Product description: wear resistant overlay is a roll or piece of base paper mixed with resistance material (Al2O3) which becomes high luster and translucent or semitransparent after being immerged in latex.

Main usage: mainly used to strengthen the surface layer of such decorated boards as wool floorboard, board fireproofing and so on.

The anti-dumping duty rates levied on the related companies are listed as follows:

American Companies:

MW Custom Paper LLC: 4.1%

All others: 42.8%;

EU Companies:

Papierfabrik Schoeller & Hoesch GmbH & Co. KG: 10.0%

All Others: 42.8%.

3.

Levy measures for anti-dumping duty

Importers, as they import wear resistant overlay originated from USA and EU, shall pay corresponding anti-dumping duties to customs of the People's Republic of China as of December 13,2006. Anti-dumping duty shall, on the basis of dutiable value examined by the customs, be computed and levied ad valorem, and the calculating formula is: anti-dumping duty amountŁ˝customs dutiable value ˇÁ anti-dumping duty rate. The value-added tax of import link shall be calculated and levied on the basis of taking dutiable value examined by customs plus tariff plus anti-dumping duty as the assessable price.

4.

Retroactive levy of anti-dumping duty

Where a sum of deposit is provided to the customs of the People's Republic of China by related importers in accordance with the Announcement No.45, 2006 of the Ministry of Commerce during the period from June 16, 2006 to the date of implementation of Announcement No.89, 2006 of the Ministry of Commerce, it shall be handled according to Announcement No.89, 2006 of the Ministry of Commerce. Where a sum of deposit is provided to the customs of the People's Republic of China by related importers in accordance with the preliminary arbitration and the adjusted tariff number during the period from the date of implementation of Announcement No.89, 2006 of the Ministry of Commerce to the date of implementation of this Announcement, it shall be levied as per the commodity scope and the anti-dumping duty as determined in the final arbitration and be transformed as the anti-dumping duty, and value-added taxes of import link shall be levied as per the corresponding value-added tax rate. Where the deposit provided by related importers during this period exceeds the anti-dumping duty and the corresponding value-added taxes of import link, the exceeding part shall be refunded by the customs; the short shall be not levied.

No anti-dumping duty shall be imposed retroactively on ware resistant overlay originated from USA and EU imported before the publication date of the Decision of Implementing a Temporary Anti-dumping Measures

5.

Levy period of anti-dumping duty

The period for levying anti-dumping duties on ware resistant overlay originated from USA and EU shall be 5 years as from December 13, 2006.

6.

Re-examination of new importers

In accordance with provisions of Article 47 of the Anti-dumping Regulation of the People's Republic of China, any qualified new importer of the aforementioned countries that did not export investigated products to the People's Republic of China during the investigating period, shall apply for re-examination of new importers to the Ministry of Commerce in written form.

7.

Re-examination during the levy period

In accordance with provisions of Article 49 of Anti-dumping Regulation of the People's Republic of China, any interested party shall apply for re-examination to the Ministry of Commerce in written during the levy period of anti-dumping duty.

8.

Administrative reconsideration and administrative lawsuit.

If any interested party refuses to accept the final arbitration and the decision of levying anti-dumping duty, it can apply for administrative reconsideration in accordance with law or lodge an administrative lawsuit to People's court according to provisions of Article 53 of Anti-dumping Regulation of the People's Republic of China. .

9.

This Announcement shall come into force as from December 13, 2006.

Appendix: Final Arbitration of the Ministry of Commerce concerning Anti-dumping Investigation on Wear Resistant Overlay Products Originated from USA and EU

The Ministry of Commerce of the People's Republic of China (seal)

December 12, 2006

  The Ministry of Commerce 2006-12-12  


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