Ministry of Commerce Announcement No. 14 of 2020 Announcement on the Final Ruling of Anti-dumping Investigation on Imported Barley Originating in Australia

Article Source: Bureau of Trade Remedy and Investigation, Ministry of Commerce 2020-05-18

[Publisher] Ministry of Commerce of the People's Republic of China

【Publishing Number】Announcement No.14, 2020

【Release Date】2020-5-18

According to the \"Anti-dumping Regulations of the People's Republic of China\" (hereinafter referred to as the \"Anti-dumping Regulations\"), on November 19, 2018, the Ministry of Commerce (hereinafter referred to as the investigation authority) issued Announcement No. 89 of 2018, deciding on Barley (hereinafter referred to as the product under investigation) conducts anti-dumping investigation.

The investigating authority investigated whether the product under investigation had dumping and dumping margins, whether the product under investigation caused damage to the domestic barley industry and the degree of damage, and the causal relationship between dumping and damage. According to the investigation results and the provisions of the \"Anti-dumping Regulations\", the investigation authority makes a final decision (see annex). The relevant matters are announced as follows:

1. The final ruling

The investigating authority finally ruled that there was dumping of imported barley originating in Australia, the domestic barley industry suffered substantial damage, and there was a causal relationship between dumping and substantial damage.

2. Anti-dumping duties

According to Article 38 of the \"Anti-dumping Regulations\", the Ministry of Commerce proposed to the State Council Customs Tariff Commission to levy anti-dumping duties. Anti-dumping duties are imposed on imported barley in Australia.

The specific description of the product under investigation is as follows:

Scope of investigation: imported barley native to Australia.

Name of product under investigation: barley.

English name: Barley

Main uses: Barley is a cereal crop, belonging to the family Gramineae and Barley. It is mainly used in the production of wine, feed, etc. It can also be used as seeds and consumed directly or by consumers.

The product is included in \"People's Republic of China Import and Export Tariff\" 10031000 and 10039000.

The anti-dumping tax rates imposed on companies are as follows:

1. Iluka Trust 73.6%

(The Iluka Trust)

2. Kargen Nominees Co., Ltd. 73.6%

(Kalgan Nominees Pty. Ltd.)

3. JW & JI McDonald Family Partnership 73.6%

(JW & JI Mcdonald & Sons)

4. Wheat straw field company 73.6%

(Haycroft Enterprises)

5. Other Australian companies 73.6%

(All Others)

3. Methods of imposing anti-dumping duties

Since May 19, 2020, import operators shall pay corresponding anti-dumping duties to the customs of the People’s Republic of China when importing barley originating in Australia. Anti-dumping duties are levied at the ad valorem value of the duty-paid price approved by the customs, and the calculation formula is: anti-dumping tax amount = customs duty-paid price × anti-dumping duty rate. The import value-added tax is levied ad valorem on the basis of the tax-paid value approved by the customs plus tariffs and anti-dumping duties.

4. Retrospective collection of anti-dumping duties

Anti-dumping duties will not be imposed retroactively on imported barley originating in Australia and imported before the date of final anti-dumping measures.

V. Time limit for collecting anti-dumping duties

The implementation period for imposing anti-dumping duties on imported barley originating in Australia is five years from May 19, 2020.

6. Review of new exporters

For new export operators who did not export the products under investigation to the People’s Republic of China during the investigation period, if they meet the conditions, they can apply in writing to the investigation authority for a new exporter’s review in accordance with Article 47 of the Anti-Dumping Regulations.

7. Period review

During the period of levying anti-dumping duties, relevant interested parties may apply in writing to the investigating authorities for review in accordance with the provisions of Article 49 of the Anti-Dumping Regulations.

8. Administrative Reconsideration and Administrative Litigation

Those who are dissatisfied with the final ruling in this case and the decision to levy anti-dumping duties may, in accordance with the provisions of Article 53 of the Anti-dumping Regulations, apply for administrative reconsideration in accordance with law or file a lawsuit with the people's court according to law.

9. This announcement will be implemented from May 19, 2020.