【Publishing Unit】 Ministry of Commerce

【Published Document Number】 Announcement No. 84 of 2018

【release date】 November 8, 2018

According to 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, which was decided to be native to Korea and Japan. The imported nitrile rubber (hereinafter referred to as the product under investigation) was investigated for anti-dumping investigation.

The investigation authority investigated whether the products under investigation had dumping and dumping margins, whether the products under investigation caused damage and damage to the domestic nitrile rubber industry, 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 July 16, 2018, the investigation authority issued a preliminary ruling, preliminarily determining that the imported nitrile rubber originating in Korea and Japan was dumped, domestic nitrile rubber The industry has suffered substantial damage and there is a causal relationship between dumping and substantial damage.

After the preliminary ruling, the investigating authorities continued to investigate the causal relationship between the extent of dumping and dumping, the extent of damage and damage, and dumping and damage. The investigation of this case is now over. According to Article 25 of the Anti-Dumping Regulations, the investigation authority makes the final ruling (see attachment). The relevant matters are hereby announced as follows:

1, the final ruling

The investigation authority finally ruled that the imported nitrile rubber originating in South Korea and Japan was dumped, the domestic nitrile rubber industry was substantially damaged, and there was a causal relationship between dumping and substantial damage.

2, the imposition of anti-dumping duties

According to the provisions of Article 38 of the Anti-Dumping Regulations, the Ministry of Commerce proposes to the State Council Customs Tariff Commission to levy anti-dumping duties. The Customs Tariff Commission of the State Council makes decisions based on the recommendations of the Ministry of Commerce. From November 9, 2018, the original Imported nitrile rubber produced in Korea and Japan is subject to anti-dumping duties.

     The specific description of the products under investigation is as follows:

     Scope of investigation: Imported nitrile rubber originating in Korea and Japan.

     Product name under investigation: nitrile rubber.

     English name: Acrylonitrile-butadiene rubber (NBR)

     Molecular structure: (C4H6)m(C3H3N)n

     Chemical Structure:

Product Description: Nitrile rubber is a copolymer of acrylonitrile and butadiene monomer. It has an appearance of grayish white to pale yellow block or powdery solid. It has excellent oil resistance, wear resistance, heat resistance and air tightness. The properties of nitrile rubber are affected by the acrylonitrile content. As the acrylonitrile content increases, the tensile strength, heat resistance, oil resistance, air tightness and hardness increase, but the elasticity and cold resistance decrease.

     Main use: Because of its excellent oil resistance and physical and mechanical properties, nitrile rubber is widely used in various oil resistant products such as O-rings, oil seals, hoses, hoses, gaskets, rubber rollers, soles, conveyor belts, and thermal insulation. Bubble tube and so on.

     The product belongs to the "Import and Export Tariff of the People's Republic of China": 40025910 and 40025990.

     The anti-dumping tax rates imposed on companies are as follows:

     Korean company:

1. Kumho Petrochemical Co., Ltd.：              12.0%

KUMHO PETROCHEMICAL CO., LTD.

2. LG Chemical Co., Ltd.：                           15.0%

LG CHEM, LTD.

3. Other Korean companies：                            37.3%

All Others

Japanese company：

1. Nihon Riyu Co., Ltd.：                     28.1%

Zeon Corporation

2. JSR Corporation：                             16.0%

JSR Corporation

3. Other Japanese companies：                            56.4%

All Others

3, the method of imposing anti-dumping duties

Since November 9, 2018, importers are required to pay the corresponding anti-dumping duties to the customs of the People's Republic of China when importing nitrile rubber originating in Korea and Japan. The anti-dumping tax is levied at the customs value of the customs-examined duty-paid price. The formula is: anti-dumping tax = customs duty-paid price × anti-dumping tax rate. The import value-added tax is calculated at the ad valorem of the customs-examined duty-paid price plus customs duties and anti-dumping duties.

 4. Retroactive collection of anti-dumping duties

For the deposits provided by the importers from the 16th of July 2018 to the 8th of November 2018 to the customs of the People's Republic of China according to the preliminary ruling, the scope of the anti-dumping duties and the anti-dumping tax rate determined by the final ruling It is calculated and converted into anti-dumping duties, and the import value-added tax is levied according to the corresponding VAT rate. During this period, the margin provided by the import operator exceeds the anti-dumping duty, and the part of the value-added tax on the import link is refunded by the customs, and the less-levied part is no longer levied.

Anti-dumping duties are not retroactively imposed on imported nitrile rubber originating in Korea and Japan imported before the date of implementation of the provisional anti-dumping measures.

5. Term of imposing anti-dumping duties

The implementation period for the imposition of anti-dumping duties on imported nitrile rubber originating in Korea and Japan is 5 years from November 9, 2018.

6. Review of new exporters

对于韩国和日本未在调查期内向中华人民共和国出口被调查产品的新出口经营者，符合条件的，可依据《反倾销条例》第四十七条的规定，向调查机关书面申请新出口商复审。

7. Review during the period

During the period of imposing anti-dumping duties, the relevant interested parties may, in accordance with the provisions of Article 49 of the Anti-Dumping Regulations, review the written application period with the investigation authority.

8、Administrative reconsideration and administrative litigation

In case of dissatisfaction with the final ruling of the case and the decision to impose anti-dumping duties, according to the provisions of Article 53 of the Anti-Dumping Regulations, it may apply for administrative reconsideration according to law, or may bring a lawsuit to the people's court according to law.

     This announcement has been implemented since November 9, 2018.