Announcement of the Ministry of Commerce No. 80 of 2016 on the Final Ruling of the Anti-Subsidy Investigation into the Import of Dried Corn distillers lees from the United States

[Issued by] Ministry of Commerce of the People's Republic of China

[Release number] No. 80 of 2016

[Release Date] 2017-1-11

　　In accordance with the provisions of the Anti-Subsidy Regulations of the People's Republic of China (hereinafter referred to as the Anti-Subsidy Regulations)，January 12, 2016，The Ministry of Commerce (hereinafter referred to as the investigation authority) issued Announcement No. 3 of 2016，Decided to initiate an anti-subsidy investigation into imports of dried corn distillers (hereinafter referred to as the products under investigation) originating in the United States。

　　The investigation agency investigated whether the products under investigation had subsidies and the amount of subsidies, whether the products under investigation had caused damage to the domestic dry corn distiller's grains industry and the degree of damage, as well as the causal relationship between subsidies and damage。According to the findings and the provisions of Article 25 of the Countervailing Duty Regulations, on September 28, 2016, the investigating authorities issued a preliminary ruling announcement, which preliminatively determined that there were subsidies for imported dry corn distillers originating in the United States, and that the domestic dry rice distillers industry was materially harmed, and that there was a causal relationship between subsidies and materially harmed。

　　Following the initial determination, the investigating authority continued to investigate the subsidies and the amount of the subsidies, the damages and the extent of the damages, and the causal relationship between the subsidies and the damages。Now the investigation of this case has concluded, and according to Article 26 of the Anti-Subsidy Regulations, the investigation authority has made a final ruling (see Annex 1).。The relevant matters are hereby announced as follows:

　　1. Final ruling

　　The investigation agency finally ruled that there were subsidies for imported dry corn distillers originating in the United States, and the domestic dry rice distillers industry was materially harmed, and there was a causal relationship between subsidies and materially harmed。

　　2. Levy countervailing duties

　　In accordance with Article 39 of the Anti-Subsidy Regulations of the People's Republic of China, the Ministry of Commerce has proposed to the Customs Tariff Commission of The State Council the imposition of anti-subsidy duties on imports of dry corn distiller's grains originating in the United States。The Tariff Commission of The State Council, based on the proposal of the Ministry of Commerce, decided to impose countervailing duties on imports of dry corn distiller's grains originating in the United States from January 12, 2017。

　　The products under investigation are described as follows:

　　Scope of investigation: Imported dried corn distillers originating in the United States。

　　Investigated product name: dry corn lees, also known as dry grain lees, dry alcohol lees。

　　Distiller's Dried Grains with or withoutSolubles。

　　Specific description: Dry corn distillers is corn or other grains as raw materials in the process of fermentation to produce alcohol (ethanol) after processing of the distillers and residual liquid dry matter, regardless of whether it contains soluble protein substances。

　　Main uses: Dried corn distillers are mainly used as raw materials for animal feed, formulated with other nutrients, and used for raising poultry, livestock, aquatic products and special animals。

　　The product belongs to the "People's Republic of China Import and export Tariff" : 230333000 under。All products under this tariff code are products under investigation。

　　The rates of countervailing duty imposed on each company are shown in Annex 2。 

　　Methods of levying countervailing duties

　　As of January 12, 2017, when importing dry corn distillers originating in the United States, import operators shall pay corresponding countervailing duties to the Customs of the People's Republic of China in accordance with the countervailing duty rates of each company as determined by this final ruling。Countervailing duty shall be assessed according to the customs value approved by the customs. The calculation formula is: countervailing duty amount = 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。 

　　Iv. Retrospective collection of countervailing duties

　　From September 30, 2016 to January 11, 2017, the relevant import operators in accordance with the preliminary announcement provided to the Customs of the People's Republic of China temporary countervailing duty deposit，The scope of goods subject to countervailing duty and the rate of countervailing duty determined by the final ruling shall be calculated and converted into countervailing duty，Import link VAT shall be levied according to the corresponding VAT rate。During this period, the deposit provided by the relevant import operators exceeds the countervailing duty and the corresponding import value-added tax, the customs shall refund the part, and the less levied part will no longer be collected。 

　　其中，The deposit provided by the relevant import operator to the Customs of the People's Republic of China for importing the products under investigation from Voight and Anderson，Countervailing duty rates for other U.S. companies listed in Schedule 2 of this announcement are levied and converted to countervailing duty，Import link VAT shall be levied according to the corresponding VAT rate;The deposit provided by the relevant import operator to the Customs of the People's Republic of China for importing the investigated products from Marquis Energy-Wisconsin Co., LTD，The countervailing duty rate of Marquis Energy (Wisconsin) LLC as set out in Schedule 2 of this announcement shall be levied and converted into countervailing duty，Import link VAT shall be levied according to the corresponding VAT rate;The deposit provided by the importer to the Customs of the People's Republic of China for the import of the products under investigation by the company not specified in the preliminary award but specified in the final award，The final rate of countervailing duty determined in this announcement shall be calculated and converted into countervailing duty，Import link VAT shall be levied according to the corresponding VAT rate。The excess part will be returned and the deficiency part will not be collected。The relevant information is set out in Annex 1 to this announcement。

　　Dry corn lees products originating in the United States imported before the date of the announcement of the decision on the implementation of the interim countervailing measures will no longer be subject to retroactive countervailing duties。 

　　5. Time limit for levying countervailing duties

　　Impose countervailing duties on imports of dry corn distiller's grains originating in the United States for a period of five years。

　　Vi. Review 

　　During the period of collection of countervailing duties, the interested party may apply to the investigating authority for a review in accordance with the relevant provisions of the Anti-Vailing Regulations of the People's Republic of China。 

　　7. Administrative reconsideration and administrative litigation 

　　If the case is not satisfied with the final ruling and the decision to impose countervailing duties, in accordance with the relevant provisions of Article 52 of the Anti-Vailing Regulations of the People's Republic of China, it may apply for administrative reconsideration according to law, or it may file a lawsuit with the People's Court。 

　　8. This announcement shall take effect as of January 12, 2017