According to the website of the Ministry of Commerce, on July 4, the Ministry of Commerce issued Announcement No. 34 of the year, announcing the final determination of the anti-dumping investigation on imported related brandy from the European Union. The determination found that the imported related brandy from the European Union was dumped, the domestic related brandy industry was threatened with material injury, and there was a causal relationship between the dumping and the threat of material injury. The dumping margin determined in the final determination is 27.7%-34.9%.

The announcement shows that according to Article 38 of the "Anti-Dumping Regulations," the Ministry of Commerce proposed to the State Council Tariff Commission the suggestion of imposing anti-dumping duties. Based on the proposal of the Ministry of Commerce, the State Council Tariff Commission made a decision to impose anti-dumping duties on imported related brandy from the European Union starting from July 5, 2025.

In addition, after legal review, the Ministry of Commerce accepted the price undertaking proposed by the relevant industry associations and enterprises of the EU, and will not impose anti-dumping duties on related imported products that meet the conditions of the undertaking.

On January 5, 2024, the Ministry of Commerce issued an announcement at the request of the domestic related brandy industry, deciding to initiate an anti-dumping investigation on imported related brandy from the European Union. After the case was filed, the Ministry of Commerce conducted the investigation strictly in accordance with China's relevant laws and regulations and the rules of the World Trade Organization. Based on the preliminary investigation, the Ministry of Commerce announced the affirmative preliminary determination on August 29, 2024, and subsequently made the above final determination after further investigation.

This product falls under the "Import and Export Tariff Schedule of the People's Republic of China": 22082000. The distilled wine spirits in containers of 200 liters or more are not included in the scope of this investigation.

Statement by the Spokesperson of the Ministry of Commerce on the Final Determination of the Anti-Dumping Investigation on Imported Related Brandy from the European Union

A reporter asked: On July 4, the Ministry of Commerce announced the final determination of the anti-dumping case on imported related brandy from the European Union. Please introduce the relevant situation of this case.

Answer: At the request of the domestic industry, the Ministry of Commerce issued an announcement on January 5, 2024, deciding to initiate an anti-dumping investigation on imported related brandy from the European Union. The Ministry of Commerce conducted the investigation in strict accordance with the law, fully protected the rights of the interested parties, widely listened to opinions from all sides, and finally reached an affirmative conclusion based on facts and evidence, determining that there was dumping with a dumping margin of 27.7%-34.9%. The final determination was announced on July 4, 2025, and the final anti-dumping measures will be implemented from July 5, 2025, for a period of five years.

In this case, the relevant industry associations and enterprises of the EU submitted a price undertaking application within the prescribed time after the preliminary determination. After review, the investigating authority decided to accept the price undertaking that complied with Chinese laws and regulations. These exporters can export the investigated products according to the agreed terms without being subject to anti-dumping duties.

China has always advocated the cautious use of trade remedy measures. The decision to accept the price undertaking in this case once again demonstrates China's sincerity in resolving trade disputes through dialogue and consultation. We hope that the EU will work together with China, strengthen dialogue and communication, and jointly resolve economic and trade differences, creating favorable conditions for consolidating and expanding Sino-European economic and trade cooperation.

The full text of the announcement is as follows:

According to the provisions of the "Anti-Dumping Regulations of the People's Republic of China" (hereinafter referred to as the "Anti-Dumping Regulations"), on January 5, 2024, the Ministry of Commerce (hereinafter referred to as the investigating authority) issued Announcement No. 1 of 2024, deciding to conduct an anti-dumping investigation on imported spirits obtained by distilling grape wine in containers holding less than 200 liters (hereinafter referred to as the investigated product or related brandy).

The investigating authority investigated whether the investigated product was dumped and the extent of the dumping, whether the investigated product caused damage to the domestic industry and the degree of damage, and the causal relationship between the dumping and the damage. Based on the investigation results and the provisions of Article 24 of the "Anti-Dumping Regulations," the investigating authority issued a preliminary determination announcement on August 29, 2024, preliminarily determining that the imported related brandy from the European Union was dumped, the domestic related brandy industry was threatened with material injury, and there was a causal relationship between the dumping and the threat of material injury.

After the preliminary determination, the investigating authority continued to investigate the dumping and the extent of the dumping, the damage and the degree of damage, and the causal relationship between the dumping and the damage. Now the investigation of this case is concluded. According to the provisions of Article 25 of the "Anti-Dumping Regulations," the investigating authority made the final determination (see Attachment 1). The following matters are now announced:

One, Final Determination

The investigating authority finally determined that the imported related brandy from the European Union was dumped, the domestic related brandy industry was threatened with material injury, and there was a causal relationship between the dumping and the threat of material injury.

Two, Imposition of Anti-Dumping Duties and Price Undertaking

According to the provisions of Article 38 of the "Anti-Dumping Regulations," the Ministry of Commerce proposed to the State Council Tariff Commission the suggestion of imposing anti-dumping duties. The State Council Tariff Commission made a decision based on the proposal of the Ministry of Commerce, and imposed anti-dumping duties on the imported related brandy from the European Union starting from July 5, 2025.

The specific description of the investigated product is as follows:

Scope of Investigation: Spirits obtained by distilling grape wine in containers holding less than 200 liters imported from the European Union.

Name of the Investigated Product: Spirits obtained by distilling grape wine in containers holding less than 200 liters (commonly known as brandy).

English Name: Spirits obtained by distilling grape wine in containers holding less than 200 liters (usually called Brandy).

Product Description: Alcoholic beverages made from grapes, grape juice (pulp), grape skins, wine, etc.

Use: Mainly used as beverage alcohol for human consumption.

This product falls under the "Import and Export Tariff Schedule of the People's Republic of China": 22082000. Spirits obtained by distilling grape wine in containers of 200 liters or more under this tariff number are not included in the scope of this investigation.

The anti-dumping duty rates for each company are listed in Appendix 2 of this announcement.

After the preliminary determination, the relevant industry associations and enterprises of the EU submitted a price undertaking application to the investigating authority. The investigating authority reviewed the price undertaking. According to the provisions of the "Anti-Dumping Regulations," the investigating authority decided to accept the aforementioned price undertaking (see Appendix 3), which takes effect simultaneously with the final determination. During the implementation of the price undertaking, the investigated products produced by the aforementioned companies exported to China at no less than the committed price will not be subject to anti-dumping duties; if there is a violation of the price undertaking or other circumstances leading to termination of the price undertaking, anti-dumping duties will be levied at the rate determined by the final determination.

Three, Method of Imposing Anti-Dumping Duties

Starting from July 5, 2025, importers importing related brandy from the European Union shall pay the corresponding anti-dumping duties to the customs of the People's Republic of China. The anti-dumping duty is levied based on the tax value determined by the customs, calculated using the formula: Anti-dumping duty amount = Tax value of the imported goods determined by customs × Anti-dumping duty rate. The import consumption tax is levied based on the tax value determined by the customs, which is the sum of the tax value of the imported goods, the tariff, the anti-dumping duty, and the quantity multiplied by the fixed tax rate of the consumption tax, divided by (1 - the proportional tax rate of the import consumption tax). In addition, it is also levied based on the quantity. The import value-added tax is levied based on the tax value determined by the customs, which is the sum of the tax value of the imported goods, the tariff, the anti-dumping duty, and the import consumption tax.

Four, No Retroactive Collection of Anti-Dumping Duties

Anti-dumping duties will not be retroactively collected on imports of related brandy from the European Union from October 11, 2024, to July 4, 2025 (inclusive of the day). The importers who provided the deposit or guarantee according to the Announcement No. 42 and No. 50 of 2024 of the Ministry of Commerce will have the deposit refunded or the guarantee released by the customs according to the regulations.

Anti-dumping duties will not be retroactively collected on imports of related brandy from the European Union before the implementation of the provisional anti-dumping measures.

Five, Duration of Implementation of Anti-Dumping Duties and Price Undertaking

The implementation period of the anti-dumping duties and price undertaking on the imported related brandy from the European Union starts from July 5, 2025, for a period of five years.

Six, New Exporter Review

For new exporters from the European Union who did not export the investigated product to the People's Republic of China during the investigation period, those who meet the conditions may apply in writing to the investigating authority for a new exporter review in accordance with the provisions of Article 47 of the "Anti-Dumping Regulations."

Seven, Mid-term Review

During the period of implementing the anti-dumping duties, interested parties may apply in writing to the investigating authority for a mid-term review in accordance with the provisions of Article 49 of the "Anti-Dumping Regulations."

Eight, Administrative Reconsideration and Administrative Litigation

If you are dissatisfied with the final determination of this case and the decision to impose anti-dumping duties, according to the provisions of Article 53 of the "Anti-Dumping Regulations," you may apply for administrative reconsideration or file an administrative lawsuit with the people's court in accordance with the law.

This announcement will take effect from July 5, 2025.

Appendix: 1. Final Determination of the Anti-Dumping Investigation on Imported Related Brandy from the European Union by the Ministry of Commerce of the People's Republic of China

2. List of Anti-Dumping Duty Rates for Each Company

3. List of Companies Applying for Price Undertakings and Public Text of the Price Undertaking

Ministry of Commerce of the People's Republic of China

July 4, 2025

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