Announcement on the Final Review of the countervailing Measures applied to Imports of potato starch originating in the European Union

Ministry of Commerce Announcement No. 33 of 2023

On September 16, 2011, the Ministry of Commerce issued Notice No. 54 of 2011, deciding to impose countervailing duties on imported potato starch originating in the European Union, with a tax rate of 7.5% to 12.4%, and the implementation period is 5 years. In 2016, the Ministry of Commerce announced that the Ivibe Cooperative Company inherited the 12.4% countervailing duty rate and other rights and obligations applicable to the Dutch Ivibe Company in the potato starch countervailing measures. On September 15, 2017, the Ministry of Commerce issued Notice No. 38 of 2017, deciding to continue to impose countervailing duties on imported potato starch originating in the European Union for a period of five years. In 2021, the Ministry of Commerce announced that the Royal Avibe Cooperative Company inherited the 12.4% countervailing duty rate and other rights and obligations applicable to the potato starch countervailing measures of Avibe Cooperative Company.

On September 15, 2022, in response to the application of China's potato starch industry, the Ministry of Commerce issued Announcement No. 23 of 2022, deciding to conduct a final review of the countervailing measures applied to imports of potato starch originating in the European Union from September 16, 2022. The countervailing measures applied to imports of potato starch originating in the United Kingdom expired.

The Ministry of Commerce has investigated the possibility of continuation or recurrence of subsidies on imports of potato starch originating in the European Union and the possibility of continuation or recurrence of damage to China's potato starch industry if the countervailing measures are terminated. In accordance with Article 47 of the Anti-Subsidy Regulations of the People's Republic of China (hereinafter referred to as the "Anti-Subsidy Regulations") to make a review ruling (see annex), the relevant matters are hereby announced as follows:

1. Adjudication of review

The Ministry of Commerce ruled that if the countervailing measures are terminated, the subsidies for imported potato starch originating in the European Union may continue or recur, and the damage caused to China's potato starch industry may continue or recur.

2. Countervailing measures

According to the provisions of Article 49 of the Countervailing Regulations, the Ministry of Commerce proposed to the Customs Tariff Commission of The State Council on the basis of the findings of the investigation to continue to implement countervailing measures, and the Customs Tariff Commission of The State Council made a decision according to the recommendation of the Ministry of Commerce, starting from September 16, 2023, to continue to impose countervailing duties on imported potato starch originating in the European Union for a period of five years.

The scope of products subject to countervailing duties is the product to which the original countervailing measures apply, consistent with the scope of products in Announcement No. 54 of 2011 of the Ministry of Commerce. The details are as follows:

Investigated product name: potato starch, also known as potato starch, potato refined starch, potato flour, potato starch or potato starch.

English name: Potato Starch.

Specific description of the product under investigation: Potato starch is a white powder composed of polyglucose molecules processed from potatoes as raw materials, and its physical and chemical indexes are: Whiteness (457nm blue reflectance) ≥90%, water ≤20%, viscosity (4% concentration, 700cmg) ≥1100BU, protein (dry matter content) ≤0.15%.

Main Uses: Potato starch is mainly used in the food industry in China. It is an important raw material for the production of emulsifier, thickener, stabilizer, expanding agent, excipient, etc. It is widely used in expanded food, convenience food, sausage, ham and other meat products, frozen food, sauce, mud, soup food, beverage, sauce, cooking, sugar making, aquatic product processing and other industries.

This product belongs to the Import and Export Tariff of the People's Republic of China: 11081300.

The tax rate of countervailing duty is consistent with the provisions of the Ministry of Commerce Announcement No. 54 of 2011, Announcement No. 72 of 2016, Announcement No. 38 of 2017 and Announcement No. 4 of 2021. The following countervailing duty rates apply to each EU company:

1. France's ROQUETTE FRERES (7.5%

2. Cooperatie Koninklijke Avebe U.A. (12.4%)

3. Avebe Kartoffelstarkefabrik Prignitz/Wendland GmbH (12.4%)

4. Other EU companies 12.4%

Methods of levying countervailing duties

From September 16, 2023, when importing potato starch originating in the European Union, import operators should pay the corresponding countervailing duty to the Customs of the People's Republic of China. Countervailing duty shall be levied on the valorem of the customs value approved by the customs. The calculation formula is: countervailing duty = customs value × countervailing duty rate. Value added tax (VAT) in import links shall be calculated and levied on the customs value approved by the customs plus customs duty and countervailing duty.

Administrative reconsideration and administrative litigation

In accordance with the provisions of Article 52 of the Anti-Subsidy Regulations, if the party is not satisfied with the decision of this review, it may apply for administrative reconsideration according to law, or bring a lawsuit in a people's court according to law.

V. This announcement shall take effect as of September 16, 2023

Annex: Ruling of the Ministry of Commerce of the People's Republic of China on Final Review of Countervailing Measures Applied to Imports of Potato Starch originating in the European Union

Ministry of Commerce of the People's Republic of China

September 14, 2023

Second, the United States International Trade Commission made the fourth anti-dumping sunset review of honey industry damage final ruling

On September 14, 2023, the United States International Trade Commission (ITC) voted to make the fourth anti-dumping sunset review of Honey imported from China to make a positive final ruling on industrial injury: ruled that if the current anti-dumping measures are removed, within a reasonably foreseeable period of time, the material injury caused by the import of the product concerned to the domestic industry in the United States may continue or occur again. According to the final ruling, the existing anti-dumping measures in this case continue to be effective. In the ruling, all five ITC commissioners voted yes.

On November 2, 2000, the United States Department of Commerce launched an anti-dumping investigation on honey originating in China. On December 10, 2001, the US Department of Commerce formally imposed anti-dumping duties on Chinese honey. Since then, the United States has conducted three sunset reviews and extended the tax period three times, on August 2, 2007, December 13, 2012, and April 26, 2018. On March 1, 2023, the U.S. Department of Commerce launched the fourth anti-dumping sunset review investigation on honey imported from China. On June 7, 2023, the United States Department of Commerce made the fourth anti-dumping rapid sunset review final ruling on honey imported from China.

: (compiled from the us international trade commission's official website, the original: https://www.usitc.gov/press_room/news_release/2023/er0914_64312.htm).

Source: China Trade Remedy Information Network

Third, the United States ITC issued part 337 of the final ruling on casual shoes and their packaging

On September 14, 2023, the United States International Trade Commission (ITC) issued a notice saying that Certain Casual Footwear and Packaging Thereof (investigation code: 337-TA-1270) made Part 337 final ruling: Pending (active) listed defendants Hobby Lobby Stores, Inc., Oklahoma City, OK, USA, Quanzhou ZhengDe Network Corp., d/b/a Amoji, Fujian, China China Quanzhou Zhengde Technology Network Co., Ltd. and Orley Shoe Corp of the United States do not infringe. To the defendant in absentia: La Modish Boutique, West Covina, CA, Star Bay Group Inc., Hackensack, NJ, Guangdong Huizhou Xinshunzu Shoes Co., LTD., Ltd. Huizhou Xinshunzu Footwear Co., Ltd. (added as a listed defendant on November 17, 2021) and Fujian Jinjiang Anao Footwear Co., Ltd. (added as a listed defendant on November 17, 2021) issued a limited exclusion order for infringing products imported into the United States. An injunction was issued against La Modish Boutique, West Covina, CA, and Star Bay Group Inc., Hackensack, NJ to terminate the investigation.

On April 5, 2023, the United States International Trade Commission (ITC) issued a final ruling: the administrative judge in this case made a preliminary ruling that there was no infringement on January 9, 2023, and then both parties filed a request for review; By reviewing the dossier, the ITC has determined that a partial review of the case should be filed no later than April 19, 2023.

On January 13, 2023, the United States International Trade Commission (ITC) issued a notice saying that Certain Casual Footwear and Packaging Thereof (investigation code: 337-TA-1270) made a final ruling on Part 337: The Administrative judge in this case made a preliminary ruling on January 9, 2023, that is, it is expected to issue a general exclusion order for the products involved, The listed defendants are Hobby Lobby Stores, Inc., United States; Quanzhou ZhengDe Network Corp. d/b/a/ Amoji, China; and Orly Shoe Corp., United States. Limited exclusion orders were issued against products exported to or sold in the United States and restraining orders were issued against the three listed defendants. Comments are sought on the public interest in the relief measures.

On July 6, 2021, the U.S. International Trade Commission (ITC) voted to initiate a 337 investigation (investigation code: 337-TA-1270) into Certain Casual Footwear and Packaging Thereof.

On June 8, 2021, Crocs, Inc. of Broomfield, Colorado filed a 337 investigation application with ITC. Claims that the product exported to, imported into, and sold in the United States infringes its patent rights (U.S. registered trademark No. 3,836,415, 5,149,328, 5,273,875), and requests the U.S. ITC to issue a general exclusion order, limited exclusion order, and injunction order.

Quanzhou ZhengDe Network Corp., d/b/a Amoji, China, Quanzhou Zhengde Technology Network Co., LTD., China, 718Closeouts, Brooklyn, USA, NY, Royal Deluxe Accessories, LLC, New Providence, NJ, Fujian Huayuan Well Import and Export Trade Co., Ltd., China Fujian Huayuanwell Import and Export Trading Co., Ltd. and others are named defendants.

(Compiled from: US International Trade Commission website, original: https://www.usitc.gov/system/files?file=secretary/fed_reg_notices/337/337_1270_notice09142023sgl.pdf).

Source: China Trade Remedy Information Network

Fourth, Mexico made the first anti-dumping sunset review of China coated steel plate final ruling

 aceros planos recubiertos made the first affirmative final ruling of the anti-dumping sunset review, maintaining the original anti-dumping final ruling measures made on June 5, 2017, among which, Mainland Chinese exporter Baoshan Iron & Steel Co. Ltd., 22.22 percent, Beijing Shougang Cold Rolling Co. Ltd., Shougang Jingtang United Iron & Steel Co. Ltd., Tangshan Iron & Steel Group Co.  China Steel Corporation, the exporter from Taiwan, accounted for 22.26% and other exporters from Taiwan, China accounted for 52.57%. The measures will take effect from June 6, 2022 and will be valid for five years. The case involves TIGIE tax numbers 7210.30.02, 7210.41.01, 7210.41.99, 7210.49.99, 7210.61.01, 7210.70.02, 7212.20.03, 7212.30.03, 7212.40.04, 7225.91.01 , 7225.92.01, 7226.99.99, 9802.00.01, 9802.00.02, 9802.00.03, 9802.00.04, 9802.00.06, 9802.00.07, 9802.00.10, 9802.00.13, 9802.00.1 5 and 9802.00.19 under the product, but does not include single-side electrogalvanizing coating amount less than or equal to 20 g/m2 steel plate.

  On November 21, 2017, Mexico adjusted the anti-dumping duty on Baoshan Iron and Steel Co., LTD. 's products involved to $0.1874 / kg. 2022