Ministry of Commerce: The imposition of anti-dumping duties on imports of brandy originating in the European Union will be implemented for 5 years from July 5

The Zhitong Finance App learned that the Ministry of Commerce announced that the Customs Tariff Commission of the State Council made a decision to levy anti-dumping duties on imported brandy originating in the European Union starting July 5, 2025. The announcement mentioned that anti-dumping duties will not be retroactively levied on relevant brandy originating in the European Union imported before the date of implementation of the provisional anti-dumping measures. The implementation period of anti-dumping duties and price commitments on imports of brandy originating in the European Union is 5 years from July 5, 2025. The announcement will take effect on July 5, 2025.

The original text is as follows:

Ministry of Commerce Notice No. 34 of 2025 announced the final ruling on the anti-dumping investigation against imports of brandy originating in the European Union

According to the “Anti-dumping Regulations of the People's Republic of China” (hereinafter referred to as the “Anti-dumping Regulations”), the Ministry of Commerce (hereinafter referred to as the “Anti-dumping Regulations”) issued Notice No. 1 of 2024 on January 5, 2024, deciding to conduct an anti-dumping investigation against spirits made from distilled wine imported from the European Union in containers of less than 200 liters (hereinafter referred to as the investigated product or related brandy).

The investigation authorities investigated whether the investigated products had dumping and dumping margins, whether the investigated products caused damage to the domestic industry and the extent of damage, and the causal relationship between dumping and damage. According to the investigation results and the provisions of Article 24 of the Anti-dumping Regulations, on August 29, 2024, the investigation authorities issued a preliminary ruling notice, which initially determined that imports of brandy originating in the European Union were dumping, that the relevant brandy industry in China was threatened with material damage, and that there was a causal relationship between dumping and the threat of material damage.

After the preliminary ruling, the investigation authorities continued to investigate the extent of dumping and dumping, damage and extent of damage, and the causal relationship between dumping and damage. The investigation of this case has now been completed. According to the provisions of Article 25 of the Anti-dumping Regulations, the investigation authority has made a final ruling. The relevant matters are hereby announced as follows:

I. FINAL DECISION

The investigation authorities finally determined that there was dumping of imported brandy originating in the European Union, that the domestic relevant brandy industry was threatened with material damage, and that there was a causal relationship between dumping and the threat of material damage.

II. Imposition of anti-dumping duties and price commitments

According to Article 38 of the Anti-dumping Regulations, the Ministry of Commerce proposed the imposition of anti-dumping duties to the Customs Tariff Commission of the State Council, and the Customs Tariff Commission of the State Council made a decision based on the Ministry of Commerce's proposal to levy anti-dumping duties on imports of brandy originating in the European Union starting July 5, 2025.

The specific description of the surveyed products is as follows:

Scope of investigation: Spirits produced from distilled wine imported from the European Union in containers of 200 litres or less.

Product name investigated: Spirits made from distilled wine (commonly known as brandy) in containers of 200 litres or less.

English name: Spirits Distilled by Distilling Grape Wine in Containers Holding Less Than 200 Liters (Distilled Called Brandy)

Product description: Strong wine made from grapes, grape juice (pulp), grape skin residue, wine, etc.

Uses: Mainly used as a beverage for human consumption.

This product falls under the “Import and Export Tariff Rules of the People's Republic of China”: 22082000. Spirits made from distilled wine in containers of 200 litres or more under this tariff code are not within the scope of this survey.

The anti-dumping duty rates imposed on each company are set out in the annex to this notice.

After the initial ruling, relevant industry associations and enterprises in the EU submitted price commitment applications to the investigation authorities, and the investigation authorities examined the price commitments. According to the provisions of the Anti-Dumping Regulations, the investigation authority decided to accept the above price commitment, which took effect at the same time as this final ruling. During the execution of the price commitment, the investigated products produced by the above companies are not subject to anti-dumping duties when they are exported to China at a price not lower than the promised price; if there is a violation of the price promise or other termination of the price commitment, anti-dumping duty will be levied in accordance with the anti-dumping duty rate determined in the final ruling.

III. Methods for imposing anti-dumping duties

Starting from July 5, 2025, import operators shall pay corresponding anti-dumping duties to the Customs of the People's Republic of China when importing relevant brandy originating in the European Union. Anti-dumping duty is calculated based on the ad valorem value of the taxable price determined by customs. The calculation formula is: anti-dumping duty amount = customs determines the taxable price of the imported goods × the anti-dumping duty rate. Import consumption tax is calculated on the basis of the sum of the taxable price of the imported goods determined by customs and the customs duty, anti-dumping duty, and the fixed consumption tax rate, then divided by (1-import consumption tax rate) as the ad valorem of the taxable price, and is also calculated on the basis of the quantity imported. Import value-added tax is calculated on the basis of the taxable price determined by customs, plus customs duties, anti-dumping duties, and import consumption tax as ad valorem of the taxable price.

4. Non-retroactive imposition of anti-dumping duties

Anti-dumping duties are not retroactively imposed on relevant brandy originating in the European Union imported from October 11, 2024 to July 4, 2025 (inclusive). The relevant import operator provided the security deposit or guarantee to the People's Republic of China Customs in accordance with the Ministry of Commerce Notice No. 42 of 2024 and Notice No. 50 of 2024, and the Customs shall refund the security deposit or release the guarantee in accordance with the regulations.

Anti-dumping duties are not retroactively levied on relevant brandy originating in the European Union imported before the date of implementation of the provisional anti-dumping measures.

5. Period for imposition of anti-dumping duties and price commitments

The implementation period of anti-dumping duties and price commitments on imports of brandy originating in the European Union is 5 years from July 5, 2025.

6. New exporter review

New export operators from the EU that have not exported the investigated products to the People's Republic of China within the investigation period may apply in writing to the investigation authorities for review by the new exporter in accordance with the provisions of Article 47 of the Anti-dumping Regulations.

7. Periodical review

During the imposition of anti-dumping duties, interested parties may apply in writing to the investigation authority for review in accordance with the provisions of section 49 of the Anti-dumping Regulations.

8. Administrative Review and Administrative Litigation

Those who disagree with the final ruling in this case and the decision to levy anti-dumping duties may apply for administrative review in accordance with the provisions of Article 53 of the Anti-Dumping Regulations, or file a lawsuit with the People's Court in accordance with the law.

This notice will take effect on July 5, 2025.

This article was selected from the “Ministry of Commerce” official website, Zhitong Finance Editor: Jiang Yuanhua.