INVESTIGATION PROGRESS

Date Status
30 Jul 2009 Initiation

IMPLEMENTATION LEVEL

National

AFFECTED FLOW

Inflow

ANNOUNCED AS TEMPORARY

No

NON-TRADE-RELATED RATIONALE

No

ELIGIBLE FIRMS

all

JUMBO

No

TARIFF PEAK

No
← back to the state act
Inception date: 17 Aug 2009 | Removal date: 15 Jan 2015
Still in force

Anti-dumping

On July 30, 2009, the Peruvian authorities decided, after having conducted an expiry review, the continuation of the anti-dumping duty on imports of certain cotton and mixed fabrics from China (Resolution No. 135-2009/CFD-INDECOPI, 30.07.2009).
The products subject to the duty are classified under the following HS codes: 5209.4200, 5513.3100, 5513.4100, 5515.1100 and 5515.1200.
The amount of the duty depends on the HS classification of the good and on the declared FOB price. For details, see Article 2 of the Resolution. Please also see Measure 6174.
This definitive anti-dumping duty entered into force on the day following the publication of the resolution in the Official Journal El Peruano, i.e. on August 17, 2009, and is applicable for a period of three years.
This duty follows an expiry review requested on September 26, 2007 by Colortex Perú S.A. A review was then initiated by the Peruvian National Institute of Antitrust and Intellectual Property Protection (Indecopi) on April 3, 2008 (Resolution No. 048-2008/CDS-INDECOPI, 03.04.2008). The review started on the day of the publication of the resolution in the Official Journal El Peruano, i.e. on April 12, 2008.
 
The original anti-dumping duty imposed on certain cotton and mixed fabrics from China was decided on July 18, 1995 (Resolution No. 005-95-INDECOPI/CDS, 18.07.1995) and entered into force on August 2, 1995. It was then already extended on February 1, 2002 (Resolution No. 003-2002/CDS-INDECOPI, 01.02.2002).
 
On December 14, 2011 and on December 19, 2011, Compañía Industrial NuevoMundo S.A. and Sociedad Nacional de Industrias, respectively, lodged a request for an expiry review of the anti-dumping duty imposed on imports of cotton fabrics from China by Resolution No. 135-2009/CFD-INDECOPI dated July 30, 2009.
 
On February 23, 2012, the Peruvian authorities decided to initiate a sunset review of the anti-dumping duty imposed by Resolution No. 135-2009 on imports of cotton denim fabrics (containing more than 85% of cotton by weight and weighing more than 200 g/m2) originating in China (Resolution No. 022-2012/CFD-INDECOPI, 23.02.2012).
The products subject to the duty are classified under the following HS code: 5209.4200.
 
On December 27, 2012, the Peruvian authorities decided upon the continuation of the anti-dumping duty imposed on imports of cotton denim fabrics (containing more than 85% of cotton by weight and weighing more than 200 g/m2) originating in China (Resolution No. 266-2012/CFD-INDECOPI, 27.12.2012).
The amount of the duty differs according to the FOB price. For a FOB price superior or equal to USD 4.33 per kilogram, the amount of the duty is USD 0.43 per kilogram. For a FOB price ranging between USD 3.88 and 4.32 per kilogram, the amount of the duty is USD 0.81 per kilogram. For a FOB price ranging between USD 3.43 and 3.87 per kilogram, the amount of the duty is USD 1.07 per kilogram. For a FOB price lower than USD 3.43 per kilogram, the amount of the duty is USD 1.34 per kilogram.
This duty should be enforced for a period of 2 years.
 
On January 9, 2015, the Peruvian authorities announced that the above-mentioned anti-dumping measure imposed on imports of cotton denim fabrics (containing more than 85% of cotton by weight and weighing more than 200 g/m2) classified under HS code 5209.4200 will expire on January 23, 2015 (Resolution No. 001-2015/CFD-INDECOPI, 09.01.2015).
This anti-dumping measure was initially imposed by Resolution No. 005-95-INDECOPI/CDS (dated 18.07.1995) and subsequently extended by Resolution No. 135-2009/CFD-INDECOPI (dated 30.07.2009) and Resolution No. 266-2012/CFD-INDECOPI (dated 27.12.2012).

AFFECTED COUNTRIES

MAP
TABLE
EXPORT

AFFECTED SECTORS AND PRODUCTS

266 Woven fabrics (except special fabrics) of cotton
5209 Woven fabrics of cotton, containing 85 % or more by weight of cotton, weighing more than 200 g/m2.
520942 Denim
267 Woven fabrics of man-made filaments & staple fibres
5513 Woven fabrics of synthetic staple fibres, containing less than 85 % by weight of such fibres, mixed mainly or solely with cotton, of a weight not exceeding 170 g/m².
551341 Of polyester staple fibres, plain weave
5515 Other woven fabrics of synthetic staple fibres.
551511 Mixed mainly or solely with viscose rayon staple fibres

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