Laws of the People's Republic of China

Announcement No.41, 2006 of the General Administration of Customs of the People's Republic of China concerning the Collection of Anti-dumping Duties on Imported PBT Originating from Japan and Taiwan Region

No.41 [2006]

According to the provisions of Anti-dumping Regulations of the People's Republic of China, Tariff Commission of the State Council decided to impose anti-dumping duties on imported PBT originating from Japan and Taiwan Region as of July 22, 2006 for a period of 5 years. For this reason, the Ministry of Commerce has promulgated its Announcement No. 24, 2006 (See Appendix 1). Relevant issues in the implementation are hereby announced as follows:

1.

As of July 22, 2006, besides levy of import duties in accordance with rules, in light of different manufactures, anti-dumping duties and value added duties in import linkage shall be imposed on PBT originating from Japan and Taiwan Region (Tariff No. 39079900, Reinforced or modified PBT under this Tariff No. is not included) according to appropriate duty rate as listed in Appendix 2 of this Announcement and following formula,.

Anti-dumping Duty£½Customs Tax Payment Price ”ĮRate of Anti-dumping Duty

Value added Duty in import linkage £½(Customs Tax Payment Price + Tariff + Anti-dumping Duty) ”Į Value Added Duty Rate in import linkage

See Appendix 1 of this Announcement for detailed description of the products on which anti-dumping duties shall be imposed.

The import operation units shall write commodity number 39079900.10 when they declare the PBT without reinforcement and modification under the Tariff No. 39079900, and write commodity number 39079900.90 when they declare reinforced or modified PBT and other products under Tariff No. 39079900.

2.

Whoever declares imported PBT shall submit Origin Certificate to the Customs. If the origin is Japan or Taiwan Region, the invoice of the original manufacture shall be provided. Any one who could not provide Origin Certificate when declaring imported PBT, and no way to determine that the origin of the goods are not Japan or Taiwan Region, the customs shall levy anti-dumping duties according to the highest rate of anti-dumping duties as listed in Appendix 2 of this Announcement. If the origin of the goods is Japan or Taiwan Region could be determined, but the import operation unit could not provide the invoice of the original manufactures, the customs shall impose anti-dumping duties according to the rate of anti-dumping duties applicable to other companies in corresponding countries or regions as listed in Appendix 2 of this Announcement.

3.

About the issues how to impose anti-dumping duties on the bonded import of PBT originating from Japan and Taiwan Region for processing trade and etc, the customs shall implement according to the provisions of Announcement No. 9, 2001 of the General Administration of Customs of PRC and Decree No. 111 of the General Administration of Customs of PRC.

4.

The anti-dumping deposit that has been paid for the PBT originating from Japan and Taiwan Region imported after the implementation of the temporary measures on anti-dumping shall be levied and changed to anti-dumping duties according to the commodity range that shall be imposed anti-dumping duties and the rate of anti-dumping duties as prescribed in this Announcement, the deposit of value added duties in import linkage paid simultaneously shall be changed to value added duties in import linkage. If above deposit exceeded the rate of anti-dumping duties and corresponding value added duties in import linkage calculated according to the duty rate as stipulated in this Announcement, the unit concerned may apply for refund to the customs in the duty levying area within 6 months from Jury 22, 2006. If above deposit is not enough, overdue duties shall not be levied.

5.

During the period of imposing anti-dumping duties on imported PBT, to the same or similar goods that the customs could not determine whether anti-dumping duties shall be levied, the unit concerned shall make an application to the Ministry of Commerce and a determination shall be made by relevant department of the Ministry of Commerce. The customs shall implement according to the determination of the Ministry of Commerce.

You are hereby informed by the announcement.