China: Final countervailing duty on potato starch from the EU
On June 30, 2010, China Starch Industry Association Potato Starch Specialty Council formally submitted to the MOFCOM Bureau of Fair Trade on behalf of the Chinese domestic Potato Starch industry an application for the performance of CVD investigation on Potato Starch from the EU. After reviewing the application and in accordance with the CVD Regulations of the People’s Republic of China, the MOFCOM decided to start CVD investigation and the investigation period shall be one year, from the date of August 30, 2010 to August 30, 2011
After releasing the preliminary determination of countervailing duty on potato starch on 16 May 2011, the MOFCOM continued to conduct the investigation, in accordance with findings, the MOFCOM came into the conclusion that there is a causal link between EU’s subsidization and the injury of Chinese domestic industry. In accordance with the final determinate of the Notice NO. 54 (2011), potato starch imported from the EU will be levied with a countervailing tariff duty ranging from 7.5% to 12.4%. This measure came into effect since the date of 17 September 2011, and shall have full effect in a period of 5 years.
And details of countervailing tariff duty rate are as follows:
Countervailing tariff duty rate of the EU companies:
On 30 August, 2010, the MOFCOM initiated the countervailing duty investigation on the potato starch from the EU. On 16 May, 2011, after the countervailing duty investigation period, in accordance with Article 25 of Chinese Regulations on countervailing duties, the MOFCOM released the Notice NO.19 (2011) announcing the preliminary determination of countervailing duty on the said products from the EU, holding that there exists a causal link between EU’s subsidization and injury of Chinese domestic potato starch industry. In accordance with the Notice NO.19 (2011) , countervailing duty will be levied by means of cash deposits on EU potato starch companies ranging from 7.70% to 11.19%. Importers in China import potato starch from the EU, importers shall submit a cash deposit to the Chinese Customs with applicable cash deposit.
On 16 May 2011, Chinese the Ministry of Commerce (MOFCOM) released the Notice NO.19 (2011), announcing the preliminary determination of CVD duty on Potato Starch (listed under 11081300 in the import tariffs of the Chinese Customs) from the EU.
In accordance with the Article 29 and Article 30 of Chinese Regulations on CVD, the MOFCOM announced this Notice NO. 19 (2011) with levying CVD duty by means of cash deposits on EU Potato Starch companies ranging from 7.70% to 11.19%, and this CVD measure shall come into effect starting from 19 May 2011. Where importers in China import Potato Starch from the EU, importers shall submit a cash deposit to the Custom of the PRC with applicable cash deposit. Details of cash deposits rate of different companies are listed as follows:
Avebe Kartoffelstarkefabrik Prignitz/Wendland GmbH
On 16 September 2011, the Chinese Ministry of Commerce (MOFCOM) released the Notice NO. 54 (2011), announcing the final determination of countervailing duty on potato starch (listed under 11081300 in the import tariffs of the Chinese Customs) from the EU.
On February 6, 2012, the Ministry of Commerce (MOFCOM) of the People’s Republic of China released the Notice NO. 2(2012), announcing the initiation of final review of AD duty on Potato Starch (listed under 11081300 in the import tariffs of the Chinese Customs) from the EU.
Any Evidence-Based Deliberation:
|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 of inception: 17 Sep 2011
Duration: 72 months
GTA Evaluation: Red
Chinese version available: http://www.mofcom.gov.cn/aarticle/b/c/201109/20110907743253.html