China: Final antidumping duty on imports of broiler or chicken products originating from the US
Description
On September 27, 2009, the Ministry of Commerce (MOFCOM) of the PRC announced to initiate the AD investigation on Chicken Products (listed under 02071100, 02071200, 02071311, 02071319, 02071321, 02071329, 02071411, 02071419, 02071421, 02071422, 02071429 and 05040021 in the import tariffs of the Chinese Customs) from the US.
And in accordance with Article 24 of Chinese Regulations on AD, on February 5, 2010, the MOFCOM released the preliminary decision of AD duty on the said products from the US, holding that there exists a causal link between dumping and injury. In accordance with the Article 25 of Chinese Regulation on AD, in the case where a preliminary determination on dumping, injury and the casual link between the two is affirmative, MOFCOM shall conduct further investigations on the dumping and its amount, the injury and its degree and make final determinations respectively on the basis of their findings.
On September 26, 2010, the MOFCOM released the Notice NO.51 (2010) and decided to levy AD duty on Chicken Products from the US with the AD duty rate ranging from 50.3% to 105.4%. And this Measure shall come in to effect since the date of September 27, 2010, and shall have full effect in a period of 5 years.
Detailed AD Duty Rates for different US Companies are as follows:
Pilgrim's Pride Corporation
53.4 %
Tyson Foods, Inc
50.3 %
Keystone Foods LLC
50.3 %
Sanderson Farms, Inc
51.8 %
Lamex Foods Inc.
51.8 %
Mountaire Farms
51.8 %
Wayne Farms LLC
51.8 %
Koch Foods,LLC
51.8 %
O.K. Foods, Inc.
51.8 %
Interra International, Inc
51.8 %
MAR-JAC POULTRY,INC.
51.8 %
Peco Foods, Inc.
51.8 %
House of Raeford Farms, Inc.
51.8 %
Foster poultry Farms
51.8 %
Fieldale Farms Corporation
51.8 %
WATER VALLEY POULTRY,LLC.
51.8 %
KRALIS BROTHERS FOODS,LLC.
51.8 %
CASE FARMS, LLC
51.8 %
P erdue Farms Incorporated
51.8 %
Butterfield Foods Company
51.8 %
Amick Farms, LLC
51.8 %
CLAXTON POULTRY FARMS.
51.8 %
Gold'n Plump Farms Limited Partnership, LLP
51.8 %
ALLEN FAMILY FOODS,INC.
51.8 %
Metafoods, LLC
51.8 %
B&B Poultry Co.,Inc.
51.8 %
Harrison Poultry, Inc.
51.8 %
SIMMONS PREPARED FOODS , INC
51.8 %
TIP TOP POULTRY, INC.
51.8 %
BOSTON AGREX, INC
51.8 %
TOWNSENDS, INC.
51.8 %
GEORGE'S INC.
51.8 %
Gerber Poultry, Inc.
51.8 %
EXPORT PACKERS CO.,LTD
51.8 %
Petaluma Acquisition, LLC
51.8 %
All others
10.4 %
On September 27, 2009, the Ministry of Commerce (MOFCOM) of the People’s Republic of China announced the initiation of AD investigation against imported Chicken Products originated from the US.
(The products are listed under 02071100, 0207120, 02071311, 02071319,02071321, 02071329, 02071411, 02071419, 02071421, 02071422, 02071429 and 05040021 in the import tariffs of the Chinese Customs) .
In accordance with Article 28 and 29 of the Anti-dumping Regulations of the People’s Republic of China, on February 5, 2010, the MOFCOM released the Notice NO.8 (2010) announcing to carry out anti-dumping measures against Chicken Products imported from the US by means of deposit. As from February 13, 2010, importers shall provide relevant deposits to Customs of the People’s Republic of China for importing of Chicken Products imported from the US.
Any Evidence-Based Deliberation:
| Question | Result |
|---|---|
| Is there anything in the public record to suggest that evidence of the effectiveness of the proposed measure was considered during official deliberations? | |
| Is there any evidence that alternatives to the proposed measure were considered? | |
| Is there anything in the public record that suggests that empirical evidence informed the comparison across the alternatives available to government? | |
| Was such evidence identified? | |
| Is such evidence publicly available? | |
| Did the official decision-maker in question provide an explanation as to why a chosen measure was favoured over alternatives? | |
| Is there any evidence to suggest that potentially affected trading partners were consulted before the measures were taken? | |
| Is there any evidence that safeguards have been put in place to ensure that implementation of the initiative is transparent and non-discriminatory? | |
| Did the government state its intention to review the measure within one year of implementation? |
Date Discovered: 10/10/2010
Implemented: Yes
Date of inception: 27 Sep 2009
Duration: 60 months
GTA Evaluation: Red
Source:
Preliminary findings, February 5, 2010, Chinese Version Available: http://www.mofcom.gov.cn/aarticle/b/c/201002/20100206776951.html?1596471...
Final duty determination, Notice NO.51 (2010) of September 26, 2010, Chinese Version Available:
http://www.mofcom.gov.cn/aarticle/b/201009/20100907158115.html
Government Response:
- 750 reads
