November 27, 2018 - 09:23 BJT (01:23 GMT)   MOFCOM

Announcement of Ministry of Commerce of the People's Republic of China
2018 No.90

The Ministry of Commerce of the People’s Republic of China (hereinafter referred to as the “MOFCOM” or the "Ministry of Commerce") received, on October 10, 2018, a written petition for anti-dumping investigation formally submitted by Ningbo Renjian Pharmaceutical Co., Ltd. (hereinafter referred to as “the Applicant”) on behalf of domestic industry of 7-phenylacetamido-3-chloromethyl-3-cephem-4-carboxylic acidpmethoxybenzyl ester, in which the Applicant requested an anti-dumping investigation to be conducted against imports of 7-phenylacetamido-3-chloromethyl-3-cephem-4-carboxylic acidpmethoxybenzyl ester originating in India. In accordance with relevant provisions of the Anti-dumping Regulations of the People's Republic of China, the MOFCOM conducted an investigation into the qualification of the Applicant, relevant situations of the products in question and the products of the same kind in China, impact of the imported products on domestic industry and the relevant situations of countries involved.

According to the evidence provided by the Applicant and the preliminary review of the Ministry of Commerce, the total output of 7-phenylacetamido-3-chloromethyl-3-cephem-4-carboxylic acidpmethoxybenzyl ester of the Applicant in 2015, 2016 and 2017 accounts for more than 50% of that of the same kind in China, and therefore Article 11 and Article 13 of the Anti-dumping Regulations of the People's Republic of China on applying by domestic industry for anti-dumping investigation are met.

It is claimed in the petition that, imports of 7-phenylacetamido-3-chloromethyl-3-cephem-4-carboxylic acidpmethoxybenzyl ester originating in India are exported to China at a price lower than the normal value. According to the evidence and information reasonably obtained by the Applicant, with the price of India's export of 7-phenylacetamido-3-chloromethyl-3-cephem-4-carboxylic acidpmethoxybenzyl ester to a third country as the basis for determining the normal value and the price of import of 7-phenylacetamido-3-chloromethyl-3-cephem-4-carboxylic acidpmethoxybenzyl ester originating in India according to the statistics of Chinese customs as the basis for determining the export price, adjusted by various factors affecting the comparability of the prices, it is claimed in the petition that the dumping margin of the products involved in the petition is comparatively large. In the meanwhile, it is claimed in the petition, that the products entering into Chinese market soar with price going up after price decline, and therefore cut down the prices of similar products in the domestic market, thus leading to lower market share, decline of the output, rate of operation and pretax profit as a whole, and substantial damages to domestic industry. Moreover, there are causal links between the dumping of the underlying products and the substantive injuries suffered by the domestic industry. Upon review, the MOFCOM believes that the application contains the contents and relevant evidence as required in Article 14 and Article 15 of the Anti-dumping Regulations of the People's Republic of China for an anti-dumping investigation.

As per the above-mentioned results, the MOFCOM decides, according to Article 16 of the Anti-dumping Regulations of the People's Republic of China, to file the anti-dumping investigation against imports of 7-phenylacetamido-3-chloromethyl-3-cephem-4-carboxylic acidpmethoxybenzyl ester originating in India as of November 26, 2018. Relevant matters are hereby announced as follows:

I. Filing of Investigation and Investigation Period

As of the issue date hereof, the MOFCOM files an anti-dumping investigation against imports of 7-phenylacetamido-3-chloromethyl-3-cephem-4-carboxylic acidpmethoxybenzyl ester originating in India. The anti-dumping investigation period determined upon the examination is from October 1, 2017 to September 30, 2018, and the investigation period for industrial damages is from January 1, 2015 to September 30, 2018.

II. Products under Investigation and Scope of Investigation

Scope of investigation: imports of 7-phenylacetamido-3-chloromethyl-3-cephem-4-carboxylic acidpmethoxybenzyl ester originating in India

Name of the Product under Investigation: imports of 7-phenylacetamido-3-chloromethyl-3-cephem-4-carboxylic acidpmethoxybenzyl ester

Name in English:
7-phenylacetamido-3-chloromethyl-3-cephem-4-carboxylic acidpmethoxybenzyl ester
Chemical formula: C24H23ClN2O5S
Chemical structural formula:

Physical and chemical characteristics: it is usually white or white-like crystalline powder solid and soluble in N, n-dimethyl formamide and dichloromethane. Its fusion point is about 153-160°C.

Main purpose: 7-phenylacetamido-3-chloromethyl-3-cephem-4-carboxylic acidpmethoxybenzyl ester is the third parent nucleus only after 7-ADCA and 7-ACA. It can be used in the synthesis of dozens of cephalosporin products, especially, the third and the fourth generation of cephalosporin products, such as Cefixima, cefdinir, cefprozil, cefditoren pivoxil, etc. In addition, it can also be used in the synthesis of a great many of new-style monobactams antibiotic and cephalosporins, such as cefditoren pivoxil.

The product is listed under tariff number of 29349960 in the Customs Import and Export Tariff of the People's Republic of China. Other products under the above tariff number fall beyond the scope of this investigation.

III. Registration for Participating in the Investigation

Any interested party shall register with the Trade Remedy and Investigation Bureau of the Ministry of Commerce for participating in this round of anti-dumping investigation within 20 days after the date of release hereof. Interested parties participating in the investigation are required to provide basic identity information, quantity and amount of the products under investigation exported to or importing from China, quantity and amount of similar products produced and sold and relationship and other illustrative materials based on the Reference Format of the Registration to Participate in the Investigation, which can be downloaded from the related website (URL attached, the same below).

For the purposes hereof, the interested parties are individuals and organizations as defined in Article 19 of the Anti-dumping Regulations of the People's Republic of China.

IV. Access to Public Information

The interested parties can download the unclassified text of the application submitted by the applicants through the relevant websites, or search, read, transcribe and copy the same in the MOFCOM Trade Relief Public Information Office (Tel.: 0086-10-65197878). In the process of investigation, the interested parties can refer to public information about the case through the relevant websites, or search, read, transcribe and copy the same in the MOFCOM Trade Relief Public Information Office.

V. Comments

If any interested party has any comments on the product scope, the qualification of the Applicant, countries (regions) covered by the investigation regarding this investigation and other related questions, it may submit its opinions in written form to Trade Remedy and Investigation Bureau of the Ministry of Commerce within 20 days after the date of release hereof.

VI. Investigation Methods

In accordance with Article 20 of the Anti-dumping Regulations of the People's Republic of China, the MOFCOM may get to know the related situation and conduct investigation via questionnaire, sampling, hearing, site investigation and other manners from the interested parties.

In order to obtain the information required for the investigation of this case, the MOFCOM usually issues questionnaires within 10 working days from the deadline for registering for participating in the investigation as prescribed herein, to overseas importers or producers and domestic manufacturers and importers. Interested parties registered can download the questionnaire from the related websites.

Information inquired in the Questionnaire for Foreign Exporters or Producers of the Anti-dumping Case of 7-phenylacetamido-3-chloromethyl-3-cephem-4-carboxylic Acidpmethoxybenzyl Ester includes such matters as organization and operation of the company, products under investigation, export sales to China (Mainland), domestic sales, operation and financial information, production costs and relevant expenses, estimated dumping margin and verification sheets as well as other contents. The information inquired in the Questionnaire for Domestic Producers of the Anti-dumping Case of 7-phenylacetamido-3-chloromethyl-3-cephem-4-carboxylic Acidpmethoxybenzyl Ester includes the basic information of the company, details of the domestic products of the same kind, operation and relevant information, financial and relevant information as well as other issues required to be stated. The information inquired in the Questionnaire for Domestic Importers of the Anti-dumping Case of 7-phenylacetamido-3-chloromethyl-3-cephem-4-carboxylic Acidpmethoxybenzyl Ester includes the basic information of the company, the trading information of the products under investigation and relevant information.

Other interested parties who do not register for participating in the investigation can download the questionnaire from the related websites, or obtain the same from the Trade Remedy and Investigation Bureau of the Ministry of Commerce and fill in the same as required.

All the companies are required to submit complete and accurate answers within the time as specified. The reply shall contain all information required in the questionnaire.

VII. Submission and Processing of Confidential Information

Where it is necessary to keep confidential the information submitted by the interested parties to the MOFCOM, they may request the MOFCOM to make confidential treatments and explain the reasons. If the MOFCOM agrees on their request, the interested parties applying for confidentiality shall provide non-confidential summary of the confidential information at the same time. Non-confidential summary shall contain sufficiently meaningful information to make other interested parties have a reasonable understanding of the confidential information. If non-confidential summary cannot be provided, reasons shall be made clear. If the interested parties do not require for confidential treatment for the information they have submitted, the MOFCOM will consider the said information as public information.

VIII. Consequences of Non-cooperation

In accordance with Article 21 of the Anti-dumping Regulations of the People's Republic of China, when the MOFCOM makes an investigation, an interested party shall faithfully reflect situations and provide relevant materials. If an interested party fails to do so, fails to provide necessary information within a reasonable time, or seriously impedes an investigation in any other way, the MOFCOM may give a ruling according to facts already obtained and the best information available.

IX. Investigation Period

This investigation starts on November 26, 2018, and usually ends prior to November 26, 2019; however, the investigation can be extended to May 26, 2020 under special circumstances.

X. Contact Information

Address: No. 2 Dong Chang'an Avenue, Beijing, China
Postal code: 100731
Trade Remedy and Investigation Bureau of the Ministry of Commerce
Tel.: 0086-10-65198420, 65198180
Fax: 0086-10-65198172
Related websites: Trade Remedy and Investigation Bureau sub-website of the website of the Ministry of Commerce (http://trb.mofcom.gov.cn)
China Trade Remedy Information Network (http://www.cacs.mofcom.gov.cn)