Laws of the People's Republic of China

Ministry of Commerce

Public Notice on Initiating the Antidumping Investigation against Imported Unbleached Kraft Linerboard

[2004] No. 10

March 31st, 2004

On January 31st, 2004, the Ministry of Commerce of the People's Republic of China officially received an application for antidumping investigation against unbleached kraft linerboard originated from the USA, Thailand, South Korea and Taiwan region submitted by Dong Guan Jiulong Papers Limited, Qingshan Papers Co. ltd in Fijian province, Bohui Papers Co. ltd and Sun Papers Co. Ltd in Shandong, who represent the unbleached kraft linerboard industry of China.

In accordance with the relevant provisions of the Regulations of the People's Republic of China on Antidumping, the Ministry of Commerce has carried out investigations on such items as qualification of the applicants, related information of the concerned products, related information of like products in the mainland of China, impacts of the concerned products on the unbleached kraft linerboard of the Chinese mainland and relevant information about countries or regions under investigation. In the meantime, the Ministry of Commerce has also examined such evidences presented in the application as the concerned dumping, injury, as well as the causal link between dumping and injury. The preliminary evidences offered by the applicants indicate that the total output of the above mentioned four corporations accounts for 31.6 percent and 33.9 percent respectively of the total output of the mainland of China in 2002 and 2003. In their application, the applicants provided a statement of two unbleached kraft linerboard producers supporting the application, and the total output of these two corporations. The aggregate output of the four applicants and the two supporting corporations accounts for 42.6 percent and 50.5 percent respectively of the total output of the mainland of China in 2002 and 2003. Simultaneously, the Ministry of Commerce issued questionnaires to other unbleached kraft linerboard producers in the Chinese mainland on file, soliciting their opinions on the application. By the deadline date for returning the questionnaires, two corporations expressed their support to the application, while no corporation was opposed to the application. To sum up the above-mentioned investigation results the application thereof complies with Article 11 , Article 13 and Article 17 of the Regulations of the People's Republic of China on Antidumping that provide for procedures for domestic industries to file for antidumping investigation applications. The application is also found to have included necessary evidences and contents prescribed in Article 14 , Article 15 of the Regulations of the People's Republic of China on Antidumping, which are required to register a case for initiating an antidumping investigation.

In accordance with the examination results mentioned above and the provisions of Article 16 of the Regulations of the People's Republic of China on Antidumping, the Ministry of Commerce decides to initiate an antidumping investigation case against imported unbleached kraft linerboard originated from the USA, Thailand, South Korea and Taiwan regions. Related matters are hereby publicized as followed:

1.

Initiation and duration of investigation

From the date of promulgation of this Public Notice, the Ministry of Commerce carries out antidumping investigation against imported unbleached kraft linerboard originated from the USA, Thailand, South Korea and Taiwan region, the duration of the investigation on dumping is from January 1, 2003 to December 31, 2003, and the industry injury investigation period is from January 1, 2003 to December 31, 2003.

2.

Product under investigation and investigation scope

Investigation scope: unbleached kraft linerboards originated from the USA, Thailand, South Korea and Taiwan region.

Name of product under investigation: unbleached kraft linerboard

Product category: paper and paperboard

Product description: unbleached kraft linerboard refers to such paperboard as is made mainly or completely from unbleached sulfate wood pulp or of paperboard made from unbleached sulfate wood pulp as the surface while that from other pulp types (e.g. waste paper pulp) as other layers, unpainted and is mainly used for manufacturing corrugated cardboard or linerboard for paper box.

Product specifications: weight per square meter 115-360 grams.

Physical index and property: tautness (weight of unit dimension) no less than 0.68 (g/cm3) ,tear resistance no less than 2.60 (kpa?m2/g) , annular capacity (horizon) no less than 7.5 (N/m?m2/g) , the fold resistance no less than 60 (times) .Main uses: mainly used for producing cardboards or the corrugated paper cases for packing heavy-duty, precision, highly valuable and frozen articles.

Tariff heading number: the concerned products are under tariff headings 48043100, 48044100, 48045100, 48052400, 48052500 in the Import and Export Tariff Schedule of the Customs of the People's Republic of China (2003 Edition) .

Tariff heading number: the concerned products are under tariff headings 48043100, 48044100, 48045100, 48052400, 48052500 in the Import and Export Tariff Schedule of the Customs of the People's Republic of China (2003 Edition) .

(1)

unbleached kraft linerboards less than 115 gram per square meter or more than 360 grams per square meter;

(2)

normal case cardboard, i.e. cardboard made completely of recycled (waste) paper or paperboard pulps;

(3)

cardboards made mainly or completely of papers or paperboards made from bleached sulfate wood pulp, or of papers made from dyed paper or bleached non-recycled pulp as the surface while that from recycled (or waste) paper or paperboard pulp as other layers.

3.

Registration for responding to the lawsuit

For the dumping investigation, any interested party may, within 20 days from the date of promulgating the Public Notice, apply to of the Bureau of Fair Trade for Import and Export of Ministry of Commerce for responding to the case. Those concerned exporters or producers in the investigation shall also deliver such information as the volume and value of their concerned exports to China from January, 2003 to December, 2003 for filing for responding to the investigation.

For the industry injury investigation, interested parties may, within 20 days from the date of promulgating the Public Notice, register for responding to the investigation at the Bureau of Industry Injury Investigation of the Ministry of Commerce, in the meantime, shall present such explanatory information for the investigated period as their production capacity, output, inventory, plan of ongoing construction or expansion, as well as volume and value of concerned exports to China The Registration Form for Responding to Industry Injury Investigation may be downloaded from the Column of "Register for Responding to Lawsuits" on China Trade Remedies Information Net at www.cacs.gov.cn.

4.

Responding to the investigation without registration

If an interested party fails to register for responding to the investigation at the Ministry of Commerce during the time period given in the Public Notice, the Ministry of Commerce is entitled to refuse to accept the information it submitted and make a ruling on the basis of existing acquired information.

5.

Where interested parties disagree to the scope of product, qualification of applicant, country under investigation or other relevant issues, they may submit their disagreements in writing to the Ministry of Commerce within 20 days from the date of promulgation of the Public Notice.

Interested parties may go to the Public Antidumping Information Room of the Ministry of Commerce to refer to the non-confidential version of the applications filed by the applicants.

6.

Methods of investigation

The investigation institution may acquire information from interested parties or carry out investigation by means of questionnaire, sampling, hearing and field investigation.

7.

The investigation commences from March 31, 2004, and usually terminates before March 31, 2005, which may be extended to September 30, 2005 under special circumstances.

8.

Address of the Ministry of Commerce:

No.2 Dong Chang'an Avenue, Beijing, China.

Post code: 100731

Bureau of Fair Trade for Import and Export of Ministry of Commerce

Tel: 86-10-65197354, 65198497, 65198412

Fax: 86-10-65198172, 65198741

Bureau of Industry Injury Investigation of the Ministry of Commerce

Tel: 86-10-65198068, 65198073

Fax: 86-10-65198068

It is hereby announced.