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MINISTRY OF COMMERCE ANNOUNCEMENT NO.61, 2005 ON ANTI-DUMPING INTERIM REVIEW DECISION ON IMPORTED PYROCATECHOL

Ministry of Commerce

Ministry of Commerce Announcement No.61, 2005 on Anti-dumping Interim Review Decision on Imported Pyrocatechol

[2005] No. 61

Ministry of Commerce issued Announcement No.41, 2003 on August 27, 2003 to start imposing anti-dumping duties on imported Pyrocatechol
originating from EU. The anti-dumping duty rate on Rhodia Organique SAS (France) was 20%, and that on Borregaard Italia SPA (Italy)
was 27%.

Ministry of Commerce issued Announcement on December 10, 2004 to start a Dumping and Dumping Margin Interim Review on the anti-dumping
measures applied to imported Pyrocatechol originating from EU.

The investigated product in the Interim Review, namely Pyrocatechol, is consistent with that in the anti-dumping investigation. The
investigated product is listed under No. 29072910 in Import and Export Tariffs of General Administration of Customs of PRC. In accordance
with Article 50 of Anti-dumping Regulations of People’s Republic of China, Interim Review Temporary Regulations on Dumping and Dumping
Margin issued by Ministry of Commerce, and decision made by Customs Tariffs Committee of the State Council, the arbitration of the
Interim Review is as follows:

1.

The anti-dumping duty rate applied to imported Pyrocatechol originating from Rhodia Organique SAS (France) shall be adjusted to 50%.

2.

The anti-dumping duty rate applied to imported Pyrocatechol originating from Borregaard Italia SPA (Italy) shall be adjusted to 41%.

3.

The anti-dumping duty rate applied to all others in the original final arbitration shall be remained as 79%.

Importers shall, while importing Pyrocatechol originating from EU as of October 14, 2005, pay relevant anti-dumping duties to General
Administration of Customs of PRC. Anti-dumping Duty= Customs Tax Payment Price * Anti-dumping Duty Rate.

The relevant interested parties, disagreed with the final arbitration or the imposition of the anti-dumping duties, could apply for
an administrative reconsideration or lawsuit in accordance with Article 53 of Anti-dumping Regulations of People’s Republic of China.

This announcement shall be carry out as of October 14, 2005 by General Administration of Customs of PRC

Appendix: Ministry of Commerce Interim Review Arbitration on Imported Pyrocatechol Originating from EU.

Ministry of Commerce

October 14, 2005



 
Ministry of Commerce
2005-10-14

 







MINISTRY OF COMMERCE ANNOUNCEMENT NO.66, 2005 ON INVESTIGATION OF BUTANOLS ANTI-DUMPING REGISTRATION

Ministry of Commerce

Ministry of Commerce Announcement No.66, 2005 on Investigation of Butanols Anti-dumping Registration

[2005] No.66

On Aug 18, 2005, Ministry of Commerce received applications of China Petroleum& Chemical Corporation Qilu Branch, Jilin Chemical Industrial
Company Limited and Factory 4 of Beijing Eastern Petroleum and Chemical Corporation Limited, who represent China butanols industry
to apply for anti-dumping investigation on butanols originating from Russian, the United States, South Africa, Malaysia, European
Union and Japan.

In accordance with relevant regulations of Anti-dumping Measures of the People’s Republic of China, Ministry of Commerce carried out
relevant investigations on applicant qualifications, related conditions of investigated products, related conditions of same category
products as well as influences of investigated commodities on domestic industry. In addition, Ministry of Commerce examined and approved
evidences listed in applications such as dumping, injuries, and causality between dumping and injuries. Preliminary evidences indicated
applicants were qualified to apply for anti-dumping investigation on related domestic industries in accordance with Article 11 ,
Article 13 and Article 17 of Anti-dumping Measures of the People’s Republic of China. The applications also contain required contents
and related evidences of Article 14 and Article 15 of Anti-dumping Measures of the People’s Republic of China on anti-dumping investigation
registration.

In accordance with above investigation results and Article 16 of Anti-dumping Measures of the People’s Republic of China, Ministry
of Commerce decides to carry out investigations on anti-dumping registration of butanols originating from Russian, the United States,
South Africa, Malaysia, European Union and Japan. Relevant matters are now announced as follows:

The investigation period is from Apr1, 2004 to March 31, 2005 and the industry injury investigation period is from Jan 1, 2001 to
March 31, 2005.

The scope of the commodities is butanols originating from Russian, the United States, South Africa, Malaysia, European Union and Japan,
which is under items 29051300 and 29051400 in PRC Customs Import Tariff Code.

This investigation starts on Oct 14, 2005, and usually will be ended before Apr 14, 2006. It may be prolonged to Apr 14, 2007 in case
of particularity.

Contact:

Ministry of Commerce Bureau of Fair Trade for Import and Export

Address: No.2 Dong Chang’an Avenue, Beijing China

Zip code: 100731

Tel: 86-10-65198747, 65198740, 65197354

Fax￿￿86-10-65198164, 65198497

Ministry of Commerce Bureau of Industry Injury Investigation

Address: No.82 Dong An’men Avenue, Beijing China

Zip code: 100747

Tel: 86-10-85226848, 85226847

Fax￿￿86-10-85226844

Ministry of Commerce

Oct 14, 2005



 
Ministry of Commerce
2005-10-14

 







CIRCULAR OF THE STATE ADMINISTRATION OF TAXATION ON INTERPRETING THE RELATED ARTICLES IN THE SECOND PROTOCOL TO THE TAX AGREEMENT BETWEEN CHINA AND KOREA

Circular of the State Administration of Taxation on Interpreting the Related Articles in the Second Protocol to the Tax Agreement
between China and Korea

Guo Shui Han [2007] No. 334

The state taxation bureaus and local taxation bureaus in each province, autonomous region, municipality directly under the Central
Government, and city specifically designated in the state plan:

The Second Protocol to the tax agreement between China and Korea (hereinafter referred to as the China-Korea agreement) has been in
force as from July 4, 2006. For the purpose of making it easy to understand and implement by all localities, we hereby render an
interpretation on Article 1 as follows:

This Article is aimed at preventing any taxpayer from improperly enjoying the treatments as provided in the tax agreement. To be
detailed, it means that this Agreement is not applicable to such a company, trust or any other entity given that the company or trust
or any other entity is a resident of a contracting state, be it directly or indirectly owned or controlled by one or more non-residents
(individuals or organizations) of this contracting state and in case the tax imposed by this contracting state on the income of this
company, trust or any other entity has reduced substantially in comparison with the circumstance under which it is owned or controlled
by the resident(s) of this contracting state. But if it actively conducts business operations, it shall be an exception. For instance,
where all shareholders of a Korea company are residents of other countries (non-residents of Korea), if the tax on the income of
this company is reduced by 50% in comparison with the circumstance under which this company is wholly owned by the resident(s) of
this contracting state after Korean tax authority has considered and implemented any preferential treatment as prescribed by law,
it may not enjoy the treatments as provided in the China-Korea Agreement either when this company acquires any income from China,
although it is a Korean resident. But if 90% or more of the amount of taxable income in Korea is derived from active trade or business
operations other than investments, the China-Korea Agreement is applicable to this Company.

Such provisions in this Article of the Second Protocol to the China-Korea Agreement is an effort made by the tax authorities of both
contracting states to adopt the international experience in the prevention of abuse of tax treaties. With a view to giving play to
the actual role of provisions of this Article please pay attention to other related information besides checking and verifying its
resident identity certificate when any Korean resident company applies for enjoying the treatments as provided in the China-Korea
Agreement (especially the preferential treatments in the Articles regarding dividends, interests and royalties).

The State Administration of Taxation

March 16, 2007



 
The State Administration of Taxation
2007-03-16

 







CONSTITUTION ACT, 1982 – page 22

NOTES (1) The enacting clause was repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). It read as...