Policies

MOFCOM Announcement No.74 of 2017 on Filing of Anti-dumping Investigation against Imports of Acrylonitrile-butadiene Rubber Originating in the Republic of Korea and Japan

2017-12-7 9:28:40

The Ministry of Commerce of the People’s Republic of China (hereinafter referred to as the “MOFCOM”) received, on September 29, 2017, a written petition for anti-dumping investigation formally submitted by PetroChina Co., Ltd., Lanzhou Branch and Ningbo Shunze Rubber Co., Ltd.(hereinafter referred to as “the Applicant”) on behalf of domestic NBR industry, in which the Applicant requested an anti-dumping investigation to be conducted against imports of NBR originated in the Republic of Korea and Japan. In accordance with relevant provisions of the Anti-dumping Regulations of the People's Republic of China, the MOFCOM conducted an investigation into the qualification of the Applicant, relevant situations of the products in question and the products of the same kind in China, impact of the imported products on domestic industry and the relevant situations of countries (regions) involved.

According to the evidence provided by the Applicant and the preliminary review of the MOFCOM, the output of NBR of the Applicant in 2014, 2015 and 2016 accounts for more than 50% of that of the same kind in China, and therefore the provisions of Article 11 and Article 13 of the Anti-dumping Regulations of the People's Republic of China on applying by domestic industry for anti-dumping investigation are met.

It is claimed in the petition that, imports of NBR originating in the Republic of Korea and Japan are exported to China at a price lower than the normal value. As per the evidences and information reasonably obtained, the Applicant takes the selling prices of the products under investigation originating in the Republic of Korea and Japan as the basis for determining the normal value of NBR originating in the Republic of Korea and Japan and the prices according to the statistics of the Customs of the People's Republic of China at which the products under investigation are exported to China as that for determining the export prices, and after adjustments to all factors influencing price comparability, claims that there is great dumping of the products under investigation. Meanwhile, it is claimed in the application that affected by the imports of the products of the Republic of Korea and Japan under investigation to China, the indicators such as output, operation rate, selling price, profit margin, return rate on investment and rate of operation show a trend of deterioration, and the domestic industry has suffered substantial damages, and there is a casual relationship between the dumping of the products under investigation and the substantial damages of the domestic industry. Upon review, the Ministry of Commerce believes that the petition contains the contents and relevant evidence as required in Article 14 and Article 15 of the Anti-dumping Regulations of the People's Republic of China.

As per the above-mentioned results, the MOFCOM decides, according to Article 16 of the Anti-dumping Regulations of the People's Republic of China, to file the anti-dumping investigation against imports of NBR originating in the Republic of Korea and Japan as of November 9, 2017.Now the relevant matters are hereby announced as below:

I. Filing of Investigation and Investigation Period

As of the issue date hereof, the MOFCOM files the anti-dumping investigation against imports of NBR originating in the Republic of Korea and Japan. The anti-dumping investigation period determined upon the examination is from July 1, 2016 to June 30, 2017, and the investigation period for industrial damages is from January 1, 2014 to June 30, 2017.

II. Products under Investigation and Scope of Investigation

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)
Chemical formula:
Chemical structural formula:

Physical and chemical characteristics: 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 purposes: 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.

III. Registration for Participating in the Investigation

Any interested party may register with the Trade Remedy and Investigation Bureau of the Ministry of Commerce for participating in this round of anti-dumping investigation within 20 days after the date of release hereof. Interested parties participating in the investigation are required to provide basic identity information, quantity and amount of the products under investigation exported to or importing from China, quantity and amount of similar products produced and sold and relationship and other illustrative materials based on the Reference Format of the Registration to Participate in the Investigation, which can be downloaded from the related website (URL attached, the same below).

For the purposes hereof, the interested parties are individuals and organizations as defined in Article 19 of the Anti-dumping Regulations of the People's Republic of China.

IV. Access to Public Information

Interested parties can download from the related websites or search, read, transcribe and copy the non-confidential version of the application submitted by the Applicant in the MOFCOM Trade Relief Public Information Office (Tel: 0086-10-65197878).In the process of investigation, the interested parties can refer to public information about the case through the relevant websites, or search, read, transcribe and copy the same in the MOFCOM Trade Relief Public Information Office.

V. Comments

If any interested party has any comments on the product scope, the qualification of the applicants, and countries (regions) covered by the investigation regarding this investigation and other related questions, it may submit its opinions in written form to Trade Remedy and Investigation Bureau of the Ministry of Commerce within 20 days after the date of release hereof.

VI. Investigation Methods

In accordance with Article 20 of the Anti-dumping Regulations of the People's Republic of China, the MOFCOM may get to know the related situation and conduct investigation via questionnaire, sampling, hearing, site investigation and other manners from the interested parties.

In order to obtain the information required for the investigation of this case, the MOFCOM usually issues questionnaires within 10 working days from the deadline for registering for participating in the investigation as prescribed herein, to overseas importers or producers and domestic manufacturers and importers. Interested parties registered can download the questionnaire from the relevant sites.

Information inquired in the Questionnaire for Foreign Exporters or Producers of the Anti-dumping Case of Acrylonitrile-butadiene Rubber includes such matters as organization and operation of the company, products under investigation, export sales to China (Mainland), domestic sales, operation and financial information, production costs and relevant expenses, estimated dumping margin and verification sheets as well as other contents. The information inquired in the Questionnaire for Domestic Producers of the Anti-dumping Case of Acrylonitrile-butadiene Rubber includes the basic information of the company, details of the domestic products of the same kind, operation and relevant information, financial and relevant information as well as other issues required to be stated. The information inquired in the Questionnaire for Domestic Importers of the Anti-dumping Case of Acrylonitrile-butadiene Rubber includes the basic information of the company, the trading information of the products under investigation and relevant information.

Other interested parties who have not registered to participate in the investigation can download directly from the relevant websites or request the above questionnaires from Trade Remedy and Investigation Bureau of the Ministry of Commerce of the Ministry of Commerce and fill in the same as required.

All the companies are required to submit complete and accurate answers within the time as specified. Answers shall include all the information as required by the questionnaires.

VII. Submission and Processing of Confidential Information

Where it is necessary to keep confidential the information submitted by the interested parties to the MOFCOM, the interested parties may request the MOFCOM to make confidential treatments and explain the reasons. If the MOFCOM agrees on its request, the interested party applying for confidentiality shall provide non-confidential summary of the confidential information at the same time. Non-confidential summary shall contain sufficient and meaningful information to enable other interested parties to have a reasonable understanding of the confidential information. If the non-confidential summary cannot be provided, reasons shall be made clear. If the interested party does not require for confidential treatment for the information it has submitted, the MOFCOM will consider the said information as public information.

VIII. Consequences of Non-cooperation

In accordance with Article 21 of the Anti-dumping Regulations of the People's Republic of China, when the MOFCOM makes an investigation, an interested party shall faithfully reflect situations and provide relevant materials. If an interested party fails to do so, fails to provide necessary information within a reasonable time, or seriously impedes an investigation in any other way, the MOFCOM may give a ruling according to facts already obtained and the best information available.

IX. Investigation Period

This investigation starts on November 9, 2017, and usually ends prior to November 9, 2018; however, the investigation can be extended to May 9, 2019 under special circumstances.

X. Contact Information

Address: No. 2 Dong Chang'an Avenue, Beijing, China
Postal code: 100731
Trade Remedy and Investigation Bureau of the Ministry of Commerce
Tel.: 0086-10-85093415, 65198473
Fax: 0086-10-65198415
Related websites:

Trade Remedy and Investigation Bureau Sub Website of the Ministry of Commerce (http://trb.mofcom.gov.cn)

China Trade Remedy Information Network (http://www.cacs.mofcom.gov.cn)

Ministry of Commerce of the People’s Republic of China
November 9, 2017

 

(All information published in this website is authentic in Chinese. English is provided for reference only. )