Announcement No. 58 of 2020 from the Ministry of Commerce of the People's Republic of China. In accordance with the provisions of the Countervailing Regulations of the People's Republic of China (hereinafter referred to as the "Countervailing Regulations"), on August 31, 2020, th

Ministry of Commerce of the People's Republic of China

Announcement

No. 58 of 2020

According to the provisions of the Countervailing Regulations of the People's Republic of China (hereinafter referred to as the "Countervailing Regulations"), on August 31, 2020, the Ministry of Commerce (hereinafter referred to as the Investigating Authority) Announcement No. 35 of 2020 was issued, deciding to launch a countervailing investigation into imported wine originating from Australia.

The investigation agency investigated whether there were subsidies and the extent of the subsidies for the products under investigation, whether the products under investigation caused damage to the domestic industry and the extent of the damage, and the causal relationship between the subsidies and the damage. Based on the investigation results and the provisions of Article 25 of the Countervailing Regulations, the investigation agency made a preliminary ruling (see Appendix 1). The relevant matters are now announced as follows:

1. Preliminary ruling

The investigation agency has preliminarily determined that there are subsidies for imported wine originating in Australia, and that the relevant domestic wine industry has been substantially damaged, and that there is a causal relationship between the subsidies and the substantial damage.

2. Temporary countervailing measures

According to the provisions of Articles 29 and 30 of the Countervailing Regulations, the Ministry of Commerce proposed to the Tariff Commission of the State Council to adopt temporary countervailing measures against imported wine originating in Australia. suggestion. The Tariff Commission of the State Council made a decision based on the recommendations of the Ministry of Commerce. Starting from December 11, 2020, the Customs Tariff Commission of the State Council will implement temporary countervailing measures in the form of a temporary countervailing duty deposit against imported wine originating in Australia.

When importing the products under investigation, import operators should provide corresponding temporary countervailing duty deposits to the Customs of the People's Republic of China based on the ad valorem subsidy rates of each company determined in this preliminary ruling.

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

Scope of investigation: Wine originating in Australia and imported into containers of 2 liters and below.

Name of the product under investigation: wine packed in containers of 2 liters or less, referred to as "related wine".

English name: Wines in containers holding 2 liters or less.

product description: wine made from fresh grapes or grape juice through full or partial fermentation and packed in containers of 2 liters or less. Main uses of

: Mainly used as beverage wine for human consumption.

This product falls under the "Import and Export Tariffs of the People's Republic of China": 22042100. The ad valorem subsidy rates levied by

on each company are listed in Appendix 2 of this announcement.

3. Method for collecting temporary countervailing duty deposit

Starting from December 11, 2020, when import operators import relevant wines originating in Australia, they should base on the ad valorem subsidies of each company determined in this preliminary ruling. Provide the corresponding temporary countervailing duty deposit to the Customs of the People's Republic of China at the highest rate. The temporary countervailing duty deposit is levied ad valorem on the duty-paid price approved by the customs. The calculation formula is: the amount of the temporary countervailing duty deposit = the duty-paid price approved by the customs × the temporary countervailing duty deposit ratio. Correspondingly, the amount of the consumption tax deposit in the import link = (duty-paid price as approved by the customs + tariff + temporary countervailing duty deposit) ÷ (1-consumption tax rate) × consumption tax rate, and the value-added tax deposit amount in the import link = (duty-paid price as approved by the customs + tariff + Temporary countervailing duty deposit + Import consumption tax deposit) × VAT rate.

4. Comments

All interested parties may submit written comments to the investigating agency within 10 days from the date of this announcement.

Ministry of Commerce

December 10, 2020

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source: Ministry of Commerce website