China: Final CVD duties on imports of broiler or chicken products originating from the US
Description
On September 27, 2009, MOFCOM decided to initiate the CVD investigation against Chicken Products originating from the US. After 7 months’ investigation, MOFCOM released this preliminary determination, holding that a causal link between the Chicken Products subsidies and injury against Chinese Chicken Products industry in accordance with Chinese Regulations on Anti-subsidy.
In accordance with Article 25 of Chinese Regulations on Anti-subsidy, MOFCOM released this preliminary determination on Chicken Products originating from the US, with levying CVD duty by means of cash deposits on US chicken products companies ranging from 3.8% to 31.4%, and this CVD measure shall come into effect since the date of April 30, 2010. Details of cash deposits rate of different companies are listed as follows:
Company Name, Rate
Pilgrim's Pride Corporation, 4.90%
Tyson Foods, Inc, 11.20%
Keystone Foods LLC, 3.80%
Sanderson Farms, Inc,6.10%
Lamex Foods Inc., 6.10%
Mountaire Farms, 6.10%
Wayne Farms LLC, 6.10%
Koch Foods,LLC, 6.10%
O.K. Foods, Inc., 6.10%
Interra International, Inc 6.10%
MAR-JAC POULTRY,INC., 6.10%
Peco Foods, Inc., 6.10%
House of Raeford Farms, Inc., 6.10%
Foster poultry Farms, 6.10%
Fieldale Farms Corporation, 6.10%
WATER VALLEY POULTRY,LLC., 6.10%
KRALIS BROTHERS FOODS,LLC., 6.10%
CASE FARMS, LLC, 6.10%
PERDUE FARMS,INC, 6.10%
Butterfield Foods Company,Inc, 6.10%
Amick Farms, LLC, 6.10%
CLAXTON POULTRY FARMS., 6.10%
Gold'n Plump Farms Limited Partnership,LLP, 6.10%
ALLEN FAMILY FOODS,INC., 6.10%
Metafoods, LLC, 6.10%
B&B Poultry Co.,Inc., 6.10%
Harrison Poultry, Inc., 6.10%
SIMMONS PREPARED FOODS, 6.10%
TIP TOP POULTRY, INC., 6.10%
BOSTON AGREX, INC., 6.10%
TOWNSENDS, INC., 6.10%
GEORGE'S INC., 6.10%
Gerber Poultry, Inc., 6.10%
EXPORT PACKERS CO., LTD, 6.10%
Petaluma Acquisition, LLC, 6.10%
All others, 31.40%
Update of April 28, 2010:
On April 28, 2010, Ministry of Commerce (MOFCOM) of the PRC released the Notice NO.26 (2010) announcing to levy CVD duty of cash deposit on Chicken Products ( or named Broiler Products, listed under 02071100、02071200、02071311、02071319、02071321、02071329、02071411、02071419、02071421、02071422、02071429 and 05040021 in the import tariffs of the Chinese Customs) originating from the US.
Update of August 30, 2010:
On August 30, 2010 the Ministry of Commerce (MOFCOM) issued a Public Notice No. 52 (2010) final determination of countervailing duties investigation imposing duties ranging from 4 % to 30.3%.
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: 01/12/2010
Implemented: Yes
Date of inception: 27 Sep 2009
GTA Evaluation: Red
Source:
CVD preliminary findings, Chinese Version Available:
http://www.mofcom.gov.cn/aarticle/ae/ai/201004/20100406888748.html?25267...
Final CVD determination: Public Notice No. 52 (2010)
Government Response:
- 406 reads
