MOFCOM Announcement No. 39 of 2016 on Solvay USA Inc. Inheriting the Anti-dumping Duty Rate under the Anti-dumping Measures Imposed on Catechol Applicable to Rhodia Inc.
Ministry of Commerce of the People’s Republic of China2016-12-28
[Promulgator] Ministry of Commerce of the People's Republic of China

[Promulgation Number] 2016 No.39

[Promulgation Date] August 17, 2016

On May 22, 2006, the Ministry of Commerce of the People's Republic of China (the “Ministry of Commerce”) issued the Announcement No. 32 of 2006, deciding to impose anti-dumping duties on imports of catechol originated from the U.S. and Japan. On July 27, 2009, the Ministry of Commerce issued the Announcement No. 52 of 2009, adjusting the anti-dumping measures against imports of catechol originated in the U.S. On May 21, 2012, the Ministry of Commerce issued the Announcement No. 20 of 2012, deciding to maintain the anti-dumping measures against imports of catechol originated in the U.S. and Japan for a period of five years. At present, the anti-dumping duty rate applicable to Rhodia Inc. is 9.7% and that applicable to other U.S. companies is 46.81%.

On June 24, 2016, Solvay USA Inc. submitted an application to the Ministry of Commerce, stating that, Rhodia Inc. has correspondingly changed its name to Solvay USA Inc. as Rhodia Group was acquired by Solvay Group, and requested to inherit the anti-dumping duty rate under the anti-dumping measures imposed on imports on catechol applicable to Rhodia Inc. Solvay USA Inc. submitted the resolution of the general meeting of shareholders, the certificate for registration of change, the information of the shareholders and directors before and after the name change, the production capacity, the information of raw material suppliers and customers, and other evidentiary materials, which have been certified by local government or embassy of the People’s Republic of China in the country.

The Ministry of Commerce notified the industry of catechol in China in regard to the above application, and the industry of catechol did not raise any objection within the specified time.

Upon review, the Ministry of Commerce believes that, the evidence available suggests that the name change of Rhodia Inc. complied with the provisions of laws in its country, and there were no changes in the operation and management of catechol and production capacity, or no substantial changes in the supplier relations, customer base and management personnel.

Thus, the Ministry of Commerce hereby decides that: Solvay USA Inc. inherits the anti-dumping duty rate under the anti-dumping measures imposed on catechol applicable to Rhodia Inc., which is 9.7%, as well as other rights and obligations. For exports of catechol to China in the name of Rhodia Inc., the anti-dumping duty rate applicable to other U.S. companies, which is 46.81%, shall prevail.

This Announcement shall come into force as of August 17, 2016.
Ministry of Commerce of the People’s Republic of China

August 17, 2016