Laws of the People's Republic of China

Announcement No.97, 2006 of Ministry of Commerce on Deciding to Carry out Mid-term Review of Dumping and Dumping Margin on Imported Styrene-butadiene Rubber (SBR) Originated from Korea Jinhu Petrochemical Co., Ltd.

[2006] No.97

The Ministry of Commerce released Announcement No.49, 2003 on September 9, 2003, deciding to impose anti-dumping duties on imported non-processed SBR, oil-filled SBR in primary form, other SBR in primary form as well carboxyl SBR not as listed(hereinafter referred to as "investigated commodity") originated from Russia, the Republic of Korea and Japan. Thereinto, the anti-dumping duty rate applicable to Jinhu Petrochemical Co., Ltd. is 7%.

In accordance with the provisions of Article 49 of Anti-dumping Regulations of the People's Republic of China and Provisional Rules on Mid-term Review of Dumping and Dumping Margin, after the anti-dumping duties go into force, Ministry of Commerce may decides to carry out review on the necessity of continuing to levy anti-dumping duties with any due reasons and may, after a reasonable period, in response to the application of parties of interests and upon examinations on the corresponding evidences provided by the parties of interests, decide to carry out review on the necessity of continuing to levy anti-dumping duties .

On September 28, 2006, Korea Jinhu Petrochemical Co., Ltd applied for mid-term review on dumping and dumping margin with Ministry of Commerce, claiming that since the implementation of anti-dumping measures, its dumping margin of the investigated commodities exported to China has been reduced, and thus requested for mid-term review on dumping and dumping margin in respect of to the anti-dumping measures applicable to the said company.

In accordance with Provisional Rules on Mid-term Review of Dumping and Dumping Margin, Ministry of Commerce informed the original applicants within 7 working days as of the receipt of the application for review, who failed to make comment on whether to put the case on record for review or not.

Upon examination on application letter, the Ministry of Commerce holds that the application letter submitted by Korea Jinhu Petrochemical Co., Ltd puts forward primary evidences showing the reduction of dumping margin, which conforms to Article 49 of Anti-dumping Regulations of the People's Republic of China and Articles 6 through 10 of Provisional Rules on Mid-term Review of Dumping and Dumping Margin. Therefore, Ministry of Commerce decides to carry out mid-term review on dumping and dumping Margin in respect of the anti-dumping measures applicable to the imported SBR originated from Korea Jinhu Petrochemical Co., Ltd as of promulgation of the present Announcement.

The relevant matters are hereby promulgated as follows:

1.

The scope of products

The scope of the products to be reviewed shall be consistent with the scope of the products to which the original anti-dumping measures are applied, namely non-processed SBR, in primary form, SBR, oil-filled, in primary form, other SBR in primary form as well carboxyl SBR not as listed (primary forms include simple figuration disposal such as compressing and extrusion to the primary form with the view of transport convenience). The said products shall be attributed to the tax regulations codes 40021911, 40021912, 40021919 of Imports and Exports Tax Regulations of the People's Republic of China.

2.

The investigation period and scope of review

The investigation period is from July 1, 2005 to June 30, 2006.

The scope of the review is the normal value, exporting prices and dumping margin of the investigated commodities.

When transacting the declaration formalities for importing the aforesaid products, the receiver of the imported goods shall execute in accordance with the provisions in Announcement No. 14 of the Ministry of Commerce and the General Administration of Customs.

3.

The Procedures of Review

(1)

Comment by the parties of interests

Any party of interests may put forward opinions on this review in written form within 20 days as of the promulgation of the present Announcement, and provide corresponding evidences.

(2)

Distribution of questionnaires

In order to obtain the information as needed, the Ministry of Commerce shall distribute questionnaires to relevant parties of interests in light of needs. And the reply of the parties of interests shall be submitted within 37 days as of the distribution of the questionnaires according to the requirements provided in the questionnaires.

(3)

Hearing

Any party of interests may put forward a written application for holding a hearing in accordance with the provisions in Provisional Rules on Anti-dumping Investigation Hearing of the Ministry of Commerce, the Ministry of Commerce may also hold a hearing forwardly if it thinks it necessary.

(4)

On-the-spot Examination

Where necessary, the Ministry of Commerce shall dispatch staffs to carry out on-the-spot examination in relevant countries; any materials submitted by a party of interests shall include the statement for agreeing to accept on-the-spot examination; before the examination, the Ministry of Commerce shall inform the relevant countries and enterprises ahead of time.

4.

Non-cooperation

According to the provision of Article 21 of Anti-dumping Regulations of the People's Republic of China, when the Ministry of Commerce carries out the examination, any party of interests shall reflect the status faithfully, and provide relevant materials. If the party of interests doesn't reflect the status faithfully or provide relevant materials, fails to provide necessary information in a reasonable period, or badly bar the investigation by any other means, the Ministry of Commerce may make ruling according to the facts obtained already and the optimal information available.

5.

Contact Means No.2 Dong Chang'an Avenue, Dongcheng District, Beijing

Postal code: 100731

Bureau of Fair Trade for Imports and Exports, Ministry of Commerce

Telephone: 86-10-65198439 65198924 65198915

Fax: 86-10-65198915£»65198172

Contact Persons: Jiang Chengsen; Li Yaohong; Liang Jie

Tel: 86-10-65198439; 65198924; 65198915

Fax: 86-10-65198915; 65198172

The Ministry of Commerce of People's Republic of China

November 30, 2006