Notice of the Ministry of Commerce on the Final Ruling of the Anti-dumping Investigation against Imports of Phthalocyanine Pigments from India

In accordance with the Anti-dumping Regulations of the People's Republic of China (hereinafter referred to as the Anti-dumping Regulations), the Ministry of Commerce (hereinafter referred to as the investigating authority) issued a notice on March 1, 2022, deciding to initiate an anti-dumping investigation against imports of phthalocyanine pigments (hereinafter referred to as the investigated products) from India.

The investigation agency investigated whether the products under investigation were dumped and the extent of dumping, whether the products under investigation caused damage to the domestic phthalocyanine pigment industry and the extent of damage, as well as the causal relationship between dumping and damage. Based on the investigation results and the provisions of Article 24 of the Anti-dumping Regulations, the investigating authority issued a preliminary finding on October 31, 2022, preliminarily concluding that the phthalocyanine pigments imported from India had been dumped, that the domestic phthalocyanine pigments industry had suffered material injury, and that there was a causal relationship between dumping and material injury.

Following the initial finding, the investigating Authority continued its investigation into dumping and the extent of dumping, injury and the extent of injury, and the causal relationship between dumping and injury. Now the investigation has concluded and the investigating authority has made a final ruling in accordance with Article 25 of the Anti-dumping Regulations (see Annex 1). The relevant matters are hereby announced as follows:

I. Final ruling

The investigation authority concluded that imported phthalocyanine pigments from India had been dumped and that the domestic phthalocyanine pigments industry had suffered material injury, and that there was a causal relationship between dumping and material injury.

Imposing anti-dumping duties

In accordance with Article 38 of the Anti-dumping Regulations, the Ministry of Commerce submitted a proposal to the Tariff Commission of The State Council on the imposition of anti-dumping duties. On the basis of the proposal, the Tariff Commission of The State Council decided to impose anti-dumping duties on imports of phthalocyanine pigments from India as of February 27, 2023.

Specific descriptions of the products under investigation are as follows:

Scope of investigation: Imported phthalocyanine pigments from India.

Name of product under investigation: Phthalocyanine pigments.

English name: Phthalocyanine, or called Phthalocyanine Pigment, Pathalocyanine Pigment.

Product Description: Phthalocyanine pigments are organic compounds with four isoindoline structure planar macrocyclic molecules, whether refined or pigmentalized. Phthalocyanine pigments, which are refined or pigmented, have bright color, strong coloring power, excellent weather resistance, heat resistance, solvent resistance, acid resistance and alkaline resistance, and are insoluble in conventional organic solvents.

Main uses: Phthalocyanine pigments can be used for coloring of coatings, paints, inks, plastics, rubber, synthetic fiber pulp and other products, and as raw materials for some dyes (such as direct fast Tricelane GL, active Tricelane K-GL, etc.), and also have specific production applications in optical recording media, filters and other fields. Products are widely used in construction, decoration, automobile, electronic appliances, packaging printing, chemical fiber textile, photoelectric and other fields.

This product is subject to the Import and Export Tariff of the People's Republic of China: 32041700 and 32129000. Products other than phthalocyanine pigments under the above tariff codes are excluded from the scope of the survey.

The rates of anti-dumping duties imposed on each company are set out in Annex 2 to this Announcement.

Iii. Methods for levying anti-dumping duties

With effect from 27 February 2023, importers of phthalocyanine pigments originating in India are required to pay corresponding anti-dumping duties to the Customs of the People's Republic of China. Anti-dumping duty shall be assessed on the AD valorem value of the customs value examined by the customs. The calculation formula is: the amount of anti-dumping duty = the customs value examined by the customs × the rate of anti-dumping duty. VAT on import links shall be assessed on the customs value approved by the customs plus customs duties and anti-dumping duties as AD valorem.

Iv. Retrospective collection of anti-dumping duties

On the deposits provided to the Customs of the People's Republic of China by the importers concerned in accordance with the announcement of preliminary determination from November 1, 2022 to February 26, 2023, anti-dumping duties shall be levied and converted into anti-dumping duties according to the range of products subject to anti-dumping duties and the rate of anti-dumping duties determined by the final determination, and VAT shall be levied on the import link according to the corresponding rate of VAT. During this period of time, the deposit provided by the relevant import operators exceeds the anti-dumping duty and the part of import value-added tax which is thus levied, the Customs will refund the deposit, and the part less levied will not be collected.

No anti-dumping duty shall be imposed retroactively on phthalocyanine pigments of Indian origin imported before the date of application of the provisional anti-dumping measures.

5. Time limit for the imposition of anti-dumping duties

The anti-dumping duty on imports of phthalocyanine pigments originating in India will be applied for five years from 27 February 2023.

Vi. Review of new exporters

If India does not export the products under investigation to the People's Republic of China within the period of investigation and meets the conditions, it may apply in writing to the investigating authority for review of the new exporters in accordance with the provisions of Article 47 of the Anti-dumping Regulations.

7. Period review

During the period during which an anti-dumping duty is imposed, interested parties may, in accordance with the provisions of Article 49 of the Regulations on Anti-dumping, submit a written application to the investigating authority for a review.

8. Administrative Reconsideration and administrative Litigation

If a party is not satisfied with the final ruling of the case or the decision to impose the anti-dumping duty, it may apply for administrative reconsideration or bring a suit in a people's court according to law in accordance with the provisions of Article 53 of the Regulations on Anti-dumping.

This notice shall take effect as of February 27, 2023.

Ministry of Commerce

February 24, 2023