Today, the Ministry of Economy published in the Federal Official Gazette (DOF, for its acronym in Spanish) the FINAL RESOLUTION of the investigation regarding the circumvention of the payment of countervailing duties imposed on imports of ammonium sulfate originated in China, and determined to extend the application of the countervailing duties to imports of the NKS mixture (19-0-5-21/22).
The applicant domestic companies, Agrogen, S.A. de C.V., and Met-Mex Peñoles, S.A. de C.V., alleged that the Chinese producers and exporters circumvented the countervailing duty imposed on imports of ammonium sulfate by exporting a blend of ammonium sulfate with a lower potassium content. This blend, called NKS (19-0-5-21/22), is a product with differences in chemical composition, production process and manufacturing costs compared to the product subject to the countervailing duty.
The authority determined that there were sufficient elements to determine that due to the imposition of the countervailing duties to which the imports of ammonium sulfate originated in China are subject, a considerable increase in the imports of the NKS mixture was caused with the purpose of avoiding the payment of the countervailing duties, and that the NKS mixture was exported to Mexico by the same producers/exporters, as well as imported by the same importers, which sold/acquired ammonium sulphate in the ordinary investigation, indicating that they have the same uses, functions and marketing channels, making them commercially interchangeable.
EC Legal Rubio Villegas’ lawyers are pleased to have successfully represented the companies of the national industry in this investigation.
