In accordance with the Anti-dumping Regulations of the People's Republic of China (hereinafter referred to as the "Anti-dumping Regulations"), on November 9, 2017, the Ministry of Commerce (hereinafter referred to as the "Investigation Authority") issued Announcement No.74 of 2017, deciding to carry out anti-dumping investigation against imports of acrylonitrile-butadiene rubber (hereinafter referred to as the "NBR" or the "Products under Investigation") originating in the Republic of Korea and Japan.
The Investigation Authority has investigated into the existence of dumping and dumping margin, the existence of damage to China's domestic industry caused by the Products under Investigation and the extent of such damage, as well as the causal relationship between the dumping and the damage. The Investigation Authority has made a preliminary ruling (See the Annex) according to the investigation findings and Article 24 of the Anti-dumping Regulations. Relevant matters are hereby announced as follows:
I. Preliminary ruling
The Investigation Authority preliminarily ruled that there was dumping of NBR originating in the Republic of Korea and Japan and the domestic NBR industry was substantially damaged, and there was causal relationship between the dumping and the substantive damage.
II. Levying of margin
The Investigation Authority decides to carry out interim anti-dumping measures by levying margin according to Article 28 and Article 29 of the Anti-dumping Regulations. As of July 16, 2018, import operators shall pay relevant margin to the Customs of the People's Republic of China at the rate determined by this ruling for each company when importing the Products under Investigation.
Details of the Products under Investigation are as follows:
Scope of investigation: imports of NBR originating in the Republic of Korea and Japan.
Name of the Products under Investigation: 丁腈橡胶
English name: Acrylonitrile-butadiene rubber (NBR)
Molecular structure: (C4H6)m(C3H3N)n
Chemical structural formula:
Description: NBR is a copolymer of acrylonitrile and butadiene monomer, and its appearance is grey to pale yellow lump or powder solid. It has excellent oil resistance, wear resistance, heat resistance and air tightness. The properties of NBR are affected by the content of acrylonitrile. With the increase of acrylonitrile content, the tensile strength, heat resistance, oil resistance, air tightness and hardness will increase, but the elasticity and cold resistance decrease.
Main purpose: because of its oil resistance and excellent physical and mechanical properties, NBR is widely used in all kinds of oil resistance products, such as O - ring, oil seal, rubber hose, hose, washer, rubber roller, sole, conveyor belt, and rubber foam pipe insulation etc.
The product is listed under tariff numbers of 40025910 and 40025990 in the Customs Import and Export Tariff of the People’s Republic of China.
Rates of margin imposed on companies are as follows:
Companies of the Republic of Korea:
1. KUMHO PETROCHEMICAL CO., LTD: 12.0%
2. LG CHEM, LTD.: 15.0%
3. All Others: 37.3%
1. Zeon Corporation 30.0%
2. JSR Corporation: 18.1%
3. All Others 56.4%
III. Methods on levying of margin
As of July 16, 2018, import operators shall pay relevant margin to the Customs of the People's Republic of China according to the dumping margin determined by this ruling for each company when importing NBR originating in the Republic of Korea and Japan. The margin is levied by means of ad valorem on the basis of dutiable value authorized by China Customs, and the formula is: margin = (dutiable value authorized by the Customs * levying rate)* (1+ import value-added tax rate).
An interested party may submit written comments to the Investigation Authority within 10 days from the promulgation date hereof.
Ministry of Commerce of the People's Republic of China
July 16, 2018