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MOFCOM Announcement No.46 of 2018 on the Preliminary Ruling on the Anti-dumping Investigation against Imports of White Feather Broilers Originating in Brazil

2019-04-11 13:08

June 9, 2018 - 16:16 BJT (08:16 GMT)   MOFCOM

In accordance with the Anti-dumping Regulations of the People's Republic of China (hereinafter referred to as the "Anti-dumping Regulations"), on August 18, 2017, the Ministry of Commerce of the People's Republic of China (hereinafter referred to as the "Investigation Authority") issued Announcement No.39 of 2017, deciding to carry out anti-dumping investigation against imports of white feather broilers (hereinafter referred to as the "Products under Investigation") originating in Brazil.

The Investigation Authority has investigated into the existence of dumping and dumping margin, the existence of damage to China's domestic industry caused by the products under investigation and the extent of such damage, as well as the causal relationship between the dumping and the damage. The Investigation Authority has made a preliminary ruling (See the Annex) according to the investigation findings and Article 24 of the Anti-dumping Regulations. Relevant matters are hereby announced as follows:

I. Preliminary ruling

The Investigation Authority preliminarily ruled that there was dumping of white feather broilers originating in Brazil and the domestic industry of white feather broilers was substantially damaged, and there was causal relationship between the dumping and the substantive damage.

II. Levying of margin

The Investigation Authority decides to carry out interim anti-dumping measures by levying margin according to Article 28 and Article 29 of the Anti-dumping Regulations. As of June 9, 2018, import operators shall pay relevant margin to the Customs of the People's Republic of China at the rate determined by this ruling for each company when importing the Products under Investigation.

Details of the Products under Investigation are as follows:

Scope of investigation: Imports of broiler products originating in Brazil.
Name of the Products under Investigation:白羽肉鸡产品.
English names: Broiler Products or Chicken Products

Description: broiler products are those that have been processed after living white broiler is slaughtered in, including the whole chicken, the segmentation and by-products thereof, whether fresh, cold or frozen. Live chicken, broiler products canned and packaged or stored in other similar manners, chicken sausage and similar products, cooked chicken products are not within the scope of imported products to be applied for investigation.

Main purposes: broiler products are basically used for human consumption in domestic market and are usually sold to consumers directly or indirectly through the farmers' markets, supermarkets and other wholesale or retail manners, food and beverage and other channels.

The products are listed under tariff numbers of 02071100, 02071200, 02071311, 02071319, 02071321, 02071329, 02071411, 02071419, 02071421, 02071422, 02071429 and 05040021 in the Customs Import and Export Tariff of the People’s Republic of China.

Rates of margin imposed on companies are set forth in Appendix 2 hereto.

III. Methods on levying of margin

As of June 9, 2018, import operators shall pay relevant margin to the Customs of the People's Republic of China according to the dumping margin determined by this ruling for each company when importing white feather broilers originating in Brazil. The margin is levied by means of ad valorem on the basis of dutiable value authorized by China Customs, and the formula is: margin = (dutiable value authorized by the Customs * levying rate)* (1+ import value-added tax rate).

IV. Comments

An interested party may submit written comments to the investigation authority within 10 days from the promulgation date hereof.

Ministry of Commerce of the People's Republic of China
June 8, 2018




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