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MOFCOM Announcement No. 29 of 2019 on Filing Anti-dumping Investigation into Imports of Ethylene Propylene Diene Monomer Originating in the United States, South Korea and European Union

2019-7-10 9:24:32

Ministry of Commerce of the People’s Republic of China

Announcement

No. 29 of 2019

 

The Ministry of Commerce of the People's Republic of China (MOFCOM) received, on May 8, 2019, an application for anti-dumping investigation formally submitted by Jilin Petrochemical Branch of PetroChina Company Limited and Shanghai Sinopec Mitsui Elastomers, Co., Ltd. (hereinafter referred to as “the Applicants") on behalf of the domestic ethylene propylene diene monomer (EPDM) industry. The Applicants requested MOFCOM to file an anti-dumping investigation into imports of EPDM originating in the United States, South Korea and European Union. In accordance with the relevant provisions of the Anti-dumping Regulations of the People's Republic of China, MOFCOM examined the qualification of the Applicants, the relevant situations of the products in question, the relevant situations of the products of the same kind in China, the impact of the products in question on the domestic industry and the relevant situations of the countries involved.

According to the evidences provided by the Applicants and the preliminary examination of MOFCOM, the 2017 and 2018 annual EPDM outputs of the Applicants respectively accounted for more 50% of the 2017 and 2018 annual EPDM outputs of China, which conforms to the provisions of Article 11 and Article 13 of the Anti-dumping Regulations of the People's Republic of China on the application of a domestic industry for an anti-dumping investigation. Meanwhile, the application included the contents and evidences that were necessary to file an anti-dumping investigation according the provisions of Article 14 and Article 15 of the Anti-dumping Regulations of the People's Republic of China.

In accordance with the examination results and Article 16 of the Anti-dumping Regulations of the People's Republic of China, MOFCOM has decided to file an anti-dumping investigation into imports of EPDM originating in the United States, South Korea and European Union starting from June 19, 2019. The relevant matters are hereby announced as follows:

I. Filing of investigation and investigation period

As of the issue date of the Announcement, MOFCOM will file an anti-dumping investigation into imports of EPDM originating in the United States, South Korea and European Union. The dumping investigation period determined for the investigation is from January 1, 2018 to December 31, 2018, and the industrial damage investigation period is from January 1, 2015 to December 31, 2018.

II. Product under investigation and scope of investigation

Scope of investigation: imports of EPDM originating in the United States, South Korea and European Union.

Name of the product under investigation: 三元乙丙橡胶
English name: ethylene-propylene-non-conjugated diene rubber or ethylene propylene diene monomer(EPDM)
Chemical structural formula:

Physical and chemical properties: EPDM is a terpolymer consisting of ethylene, propylene and non-conjugated diene. It is a white or yellowish solid and can be easily mixed at a normal temperature. Physical properties, chemical properties and processing properties of EPDM vary with the polymer structure. The factors related to the molecular structure include the third monomer type, Mooney viscosity and charging oil content. EPDM has good ageing resistance, chemical resistance, low temperature resistance and dielectric properties.

Main applications: EPDM is widely applied. It can be used in architecture, electric wires and cables, automobile industry, transportation and some other fields. In the architecture field, it is mainly used as monolayer waterproof rolls for roofs. In the electric wire and cable field, it is mainly used in electric power incoming lines of civil and commercial buildings, electric cables of construction machinery, mine cables and nuclear power plant cables. In the automobile industry, it is mainly used to make some parts of cars, trucks and buses except tires, including water tanks, heat-resistant rubber tubes, sealing strips, rubber belts, body parts, chassis parts, weatherstrips, floors and ring pipes of automobile. In the transportation field, it is mainly used to make vehicle door and window rubber seal strips, automobile shock absorbers and waterstops.

The said product is listed under the tariff codes of 40027010 and 40027090 in the Customs Import and Export Tariff of the People’s Republic of China.

III. Registration for the investigation

Any stakeholder may register with the Trade Remedy and Investigation Bureau of the Ministry of Commerce for this anti-dumping investigation within 20 days after the issue date of the Announcement. The stakeholders participating in the investigation are required to provide their basic identity information based on the Reference Format of the Registration for the Investigation and the explanatory materials including the quantity and amount of the product investigated in the case of exports to China or the import case, the quantities and amounts of the products of the same kind produced and sold and the other relevant situations. The Reference Format of the Registration for the Investigation can be downloaded from the relevant website (URL attached below, similarly hereinafter).

The stakeholders in the Announcement refer to the individuals and organizations defined in Article 19 of the Anti-dumping Regulations of the People's Republic of China.

IV. Public information

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

V. Comments

If any stakeholder needs to comment on the product scope under investigation, the qualification of the Applicants, the investigated countries (regions) and other related questions, the stakeholder may submit its comments in written form to the Trade Remedy and Investigation Bureau of the Ministry of Commerce within 20 days after the issue date of the Announcement.

VI. Investigation methods

In accordance with Article 20 of the Anti-dumping Regulations of the People's Republic of China, MOFCOM may get information on the related situations from the stakeholders by conducting questionnaire surveys, sampling, hearing, on-site verification, etc. and carry out the investigation.

In order to obtain the information required for the investigation of this case, MOFCOM usually issues questionnaires to the foreign exporters or manufacturers, domestic manufacturers and domestic importers involved in the case within 10 working days from the deadline for registering for the investigation as prescribed herein. The stakeholders that have registered for the investigation can download the questionnaires from the relevant websites.

The information that the Questionnaire for Foreign Exporters or Manufacturers on the EPDM Anti-dumping Case aims to obtain includes the corporate structure, operation, investigated products, sales of exports to China (mainland), domestic sales, business operation, finance and other relevant information. The information also includes the production cost, relevant expense, estimated dumping margin, check list and other contents. The information that the Questionnaire for Domestic Manufacturers on the EPDM Anti-dumping Case aims to obtain includes the basic corporate conditions, the situations of the domestic products of the same kind, the business operation information, the financial information and the other relevant information. The information that the Questionnaire for Domestic Importers on the EPDM Anti-dumping Case aims to obtain includes the basic corporate conditions, the investigated product trade and the other relevant information.

The stakeholders who have not registered for the investigation can directly download the above-mentioned questionnaires from the relevant websites or go to the Trade Remedy and Investigation Bureau of the Ministry of Commerce and ask for the above-mentioned questionnaires. They shall complete the questionnaires according to the requirements.

All the companies shall submit their complete and accurate answer sheets within the specified time period. The answer sheets shall include all the information requested in the questionnaires.

VII. Submission and processing of confidential information

If it is necessary to keep confidential the information submitted to the Ministry of Commerce by a stakeholder, the said stakeholder may make a request to the Ministry of Commerce for confidential treatment of relevant information and the stakeholder shall give reason for it. If the Ministry of Commerce agrees to the said request, the stakeholder applying for confidentiality shall provide the non-confidential summary of the said confidential information. The non-confidential summary shall include full and meaningful information, so that the other stakeholders can reasonably understand the confidential information. If the non-confidential summary cannot be provided, the stakeholder applying for confidentiality shall give reason for it. If a stakeholder does not state that the information submitted by the stakeholder should be kept confidential, the Ministry of Commerce will deem the said information as public information.

VIII. Consequences of non-cooperation

According to Article 21 of the Anti-dumping Regulations of the People’s Republic of China, when the Ministry of Commerce makes investigations, the stakeholders shall faithfully reflect the situations and provide the relevant materials. If a stakeholder fails to faithfully reflect the situations or provide necessary information, or fails to provide necessary information within a reasonable time, or seriously impedes an investigation in any other way, the Ministry of Commerce may give a ruling according to available facts and attainable best information.

IX. Investigation period

The investigation starts from June 19, 2019 and generally ends before June 19, 2020. In a special circumstance, the deadline may be extended to December 19, 2020.

X. Contact of the Ministry of Commerce

Address: No. 2 Dong Chang'an Avenue, Beijing, China
Postcode: 100731
Trade Remedy and Investigation Bureau of the Ministry of Commerce
Tel: 0086-10-65198194, 65198474
Fax: 0086-10-65198172
Relevant websites: sub-website of the Trade Remedy and Investigation Bureau of the Ministry of Commerce (http://trb.mofcom.gov.cn) 
China Trade Remedies Information (http://www.cacs.mofcom.gov.cn)

Ministry of Commerce of the People’s Republic of China
June 19, 2019

Translated by Liu Zhao

 

 

 

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

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