Ministry of Commerce: imposing anti-dumping duties on some rubber products in the United States, Japan and Europe

[Release date] 2017-5-9

On May 10, 2005, the Ministry of Commerce issued Announcement No. 23, 2005, deciding to impose anti-dumping duties on imports of neoprene originating in Japan, the United States and the European Union for a period of five years.

On August 24, 2010, the Ministry of Commerce issued Announcement No. 49 of 2010, deciding to adjust the anti-dumping duty rate applicable to imported neoprene originating in Japan from August 28, 2010 as follows: japan electrical Chemical Industry Co., Ltd. 9.9%, dongcao Co., Ltd. 10.2%, Zhaohe Electric Co., Ltd. 20.8%, other Japanese companies 43.9%.

On May 10, 2010, the Ministry of Commerce issued Announcement No. 25, 2010, deciding to conduct an anti-dumping final review investigation on imported neoprene originating in Japan, the United States and the European Union. On May 9, 2011, the Ministry of Commerce issued Announcement No. 21, 2011, ruling that if the original anti-dumping measures are terminated, the dumping of imported neoprene originating in Japan, the United States and the European Union may continue to occur to China, the damage caused by imported products under investigation to China’s neoprene industry may occur again. It is decided that from May 10, 2011, according to announcement No. 23, 2005 and Announcement No. 49, 2010, imports of neoprene from the United States and the European Union continue to impose anti-dumping duties for a period of five years.

On July 26, 2013, the Ministry of Commerce issued Announcement No. 45, 2013, deciding to adjust the anti-dumping duty rate applicable to imported neoprene originated from Japan electrical and Chemical Industry Co., Ltd. to from now on.

On December 25, 2015, the Ministry of Commerce issued Announcement No. 68, 2015, deciding that DENKI KAGAKU KOGYO Company KAISHA will be inherited from Denka Limited KABUSHIKI from now on. The 20.8% anti-dumping duty rate and other rights and obligations applicable to neoprene anti-dumping measures. Products under investigation exported to China under the name of DENKI KAGAKU KOGYO KABUSHIKI KAISHA shall be subject to the 43.9% anti-dumping duty rate applicable to “other Japanese companies” in the anti-dumping measures of neoprene.

On November 9, 2016, the Ministry of Commerce issued Announcement No. 62 of 2016, deciding to inherit Longsheng Germany Liability Co., Ltd. (ARLANXEO Deutschland GmbH) from alanxinke Germany Co., Ltd. (LANXESS Deutschland GmbH) from now on. The 11% anti-dumping duty rate and other rights and obligations applicable to neoprene anti-dumping measures. For the products under investigation exported to China under the name of Longsheng Germany Liability Co., Ltd. (LANXESS Deutschland GmbH), the 151% anti-dumping duty rate applicable to other EU companies in the anti-dumping measures of neoprene is applicable.

On May 9, 2016, the Ministry of Commerce issued Announcement No. 18, 2016, deciding to conduct final review and investigation on anti-dumping measures applicable to imported neoprene originating in Japan, the United States and the European Union from May 10, 2016.

If the anti-dumping measures are terminated, the Ministry of Commerce originates from Japan, the possibility that the dumping of imported neoprene from the United States and the European Union continues or reoccurs and the possibility that the damage to China’s neoprene industry continues or reoccurs are investigated. According to the investigation results and Article 48 of the anti-dumping regulations of the People’s Republic of China (hereinafter referred to as the anti-dumping regulations), the Ministry of Commerce made a review ruling (see Annex). The relevant matters are hereby announced as follows:

I. Ruling

The Ministry of Commerce ruled that if the anti-dumping measures are terminated, the dumping of imported neoprene originating in Japan, the United States and the European Union may continue or occur again to China, damage to China’s domestic industry may continue or occur again.

II. Anti-dumping measures

According to the provisions of Article 50 of the anti-dumping regulations, the Ministry of Commerce proposes to the Customs Tariff Commission of the State Council to continue to implement anti-dumping measures according to the investigation results. According to the proposal of the Ministry of Commerce, the Customs Tariff Commission of the State Council decided to continue to impose anti-dumping duties on imports of neoprene originating in Japan, the United States and the European Union from May 10, 2017 for a period of five years.

Product description and anti-dumping duty rate of levying anti-dumping duty and Announcement No. 23, 2005, Announcement No. 49, 2010, Announcement No. 21, 2015, Announcement No. 45, 2015, Announcement No. 68, 2015, the provisions of Announcement No. 62 of 2016 are the same. That is to say, the specific description of the products that levy anti-dumping duties in this case is as follows:

Scope of investigation: imported neoprene from Japan, the United States and the European Union

Product Name: Neoprene, also known as chloroprene (chloroprene) rubber

English name: Chloroprene Rubber(CR)

Product Category: organic chemical products

Chemical structural formula: Formula

Specific Description: The appearance is milky white to beige or light brown flake or cake, does not contain mechanical sundries other than talc powder, and does not contain scorched particles. Its physical and chemical properties are: homopolymers made of 2-chloro-1, 3-butadiene by emulsion polymerization. The molecular weight is generally 10~200000, the relative density is 1.15~1.25, the glass transition temperature is-45℃, heteropolarity, and it has regular molecular arrangement and reversible crystallization properties.

Main uses: Neoprene is mainly used as wire and cable sheath, hose, oil-resistant rubber products, heat-resistant conveyor belt, printing sticks, rubber dam, building sealing strip, Highway sealant-caulk, bridge support, oil field wire waterproof cap, flame retardant rubber products, various sealing ring pad, chemical equipment anti-corrosion lining, neoprene adhesive, etc., and used in building waterproof materials, sealing materials, adhesives, marine development, medical and health care, energy development, etc.

This product belongs to the customs import and export tariff of the People’s Republic of China tariff No.: 40024910 Chloroprene (chloroprene) rubber in other primary shapes and 40024990 unlisted Chloroprene (chloroprene) rubber.

The anti-dumping duty rates levied on each company are as follows:

Japanese company

20.8% of Japan Electronics Corporation

(Denka Company Limited)

Dongcao Corporation 10.2%

(TOSOH CORPORATION)

Zhaohe Electric Co., Ltd. 20.8%

(SHOWA DENKO K.K.)

4.43.9% of other Japanese companies

(All Others)

American company 151%

EU companies

Alanxinke Germany Co., Ltd. 11%

(ARLANXEO Deutschland GmbH)

2. Eni rubber France Co., Ltd. 53%

(Polimeri Europa Elastomères France S.A.)

3.151% of other EU companies

(All Others)

III. Methods of levying anti-dumping duties

From May 10, 2017, import operators shall pay corresponding anti-dumping duties to the customs of the People’s Republic of China when importing neoprene originating in Japan, the United States and the European Union. Anti-dumping duty is calculated by duty-pay value advalorem approved by the customs, and the calculation formula is: anti-dumping duty tax = Customs duty-pay value × anti-dumping duty rate. The value-added tax in the import link shall be calculated and levied at the duty-pay value of the customs examination plus customs duties and anti-dumping duties as the advalorem of the taxable price.

IV. Administrative reconsideration and administrative litigation

According to Article 53 of the anti-dumping regulations, if you are not satisfied with this review decision, you can apply for administrative reconsideration according to law, or you can bring a lawsuit to the people’s court according to law.

V. This announcement shall be implemented as of May 10, 2017.

Ministry of Commerce

May 9, 2017


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[issuing unit] [issuing document no.] Announcement No. 19 [issuing date] of the Ministry of Commerce of the People’s Republic of China on May 10, 2017-92005, the Ministry of Commerce issued Announcement No. 23, 2005, deciding on origin

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