On May 10, 2005, the Ministry of Commerce of the People's Republic of China (the "MOFCOM") issued Announcement No.23 of 2005, deciding to levy anti-dumping duty on imports of chloroprene rubber originated in Japan, the United States and the EU for five years.
On August 24, 2010, the MOFCOM issued Announcement No.49 of 2010, deciding to adjust the anti-dumping duties on imports of chloroprene rubber originated in Japan as follows from August 28, 2010: DENKI KAGAKU KOGYO KABUSHIKI KAISHA, 9.9%; TOSOH CORPORATION, 10.2%; SHOWA DENKO K.K., 20.8% and 43.9% for other Japanese companies.
On May 10, 2010, the MOFCOM issued Announcement No.25 of 2010, deciding to conduct final review investigations into anti-dumping on imports of chloroprene rubber originated in Japan, the United States and the EU. On May 9, 2011, the MOFCOM issued the Announcement No.21 of 2011, ruling that dumping of imports of chloroprene rubber originated in Japan, the United States and the EU to China may continue, and the injury of the products under investigation to the said industry in China may reoccur if the anti-dumping measures were terminated and therefore, deciding to levy anti-dumping duty on imports of chloroprene rubber originated in Japan, the United States and the EU according to Announcement No.23 of 2005 and Announcement No.49 of 2010 for five years since May 10, 2011.
On July 26, 2013, the MOFCOM issued Announcement No.45 of 2013, deciding to adjust the anti-dumping duties on imports of chloroprene rubber originated in DENKI KAGAKU KOGYO KABUSHIKI KAISHA to 20.8% from today.
On December 25, 2015, the MOFCOM released Announcement No.68 of 2015, deciding that Denka Company Limited inherits 20.8% anti-dumping tax rate and other rights and obligations under the anti-dumping measures for chloroprene rubber applicable to DENKI KAGAKU KOGYO KABUSHIKI KAISHA from today. For the products under investigation exported in the name of DENKI KAGAKU KOGYO KABUSHIKI KAISHA to China, the anti-dumping duty rate applicable to other Japanese companies in the anti-dumping measures against chloroprene rubber, 43.9%, shall apply.
On November 9, 2016, the MOFCOM released Announcement No.62 of 2016, deciding that ARLANXEO Deutschland GmbH inherits 11% anti-dumping tax rate and other rights and obligations under the anti-dumping measures for chloroprene rubber applicable to LANXESS Deutschland GmbH from today. For the products under investigation exported in the name of LANXESS Deutschland GmbH to China, the anti-dumping duty rate applicable to other EU companies in the anti-dumping measures against chloroprene rubber, 151%, shall apply.
On May 9, 2016, the MOFCOM issued Announcement No.18 of 2016, deciding to conduct final review investigations into anti-dumping on imports of chloroprene rubber originated in Japan, the United States and the EU from May 10, 2016.
The MOFCOM conducted investigations with respect to the possibility of the continuance or reoccurrence of dumping of imports of chloroprene rubber originated in Japan, the United States and the EU to China of the injury to the said industry in China if the anti-dumping measures were terminated. In accordance with the investigation results and Article 48 of the Anti-dumping Regulations of the People's Republic of China (the “Anti-dumping Regulations”), the MOFCOM made the ruling on the review (See the Annex). Relevant matters are hereby announced as follows:
I. Ruling
The MOFCOM ruled that dumping of imports of chloroprene rubber originated in Japan, the United States and the EU to China may continue or reoccur, and the injury to the said industry in China may continue or reoccur if the anti-dumping measures were terminated.
II. Anti-dumping Measures
Pursuant to Article 50 of the Anti-dumping Regulations, the MOFCOM proposed to continue the anti-dumping measures to the Customs Tariff Commission of the State Council according to the findings of the investigation. The Customs Tariff Commission of the State Council decides according to the suggestions of the MOFCOM to levy anti-dumping duty on imports of chloroprene rubber originated in Japan, the United States and the EU for five years since May 10, 2017.
The description of the products subject to the anti-dumping duties and rates are the same as set out in MOFCOM Announcement No. 23 of 2005, No.49 of 2010, No.21 of 2011, No.45 of 2013, No.68 of 2015 and No.62 of 2016, i.e. the products subject to the anti-dumping duties in this case are described as follows:
Scope of investigation: Imported Chloroprene Rubber originated in Japan, the United States and the EU.
Name of the Products under Investigation:氯丁橡胶, also known as 氯丁二烯（氯丁）橡胶
English name: Chloroprene Rubber (CR)
Product category: organic chemical products
Chemical structural formula:
Description: its appearance is milk white to beige or light brown flakes or lumps and it contains no mechanical impurities rather than talcum powder and no coke burning particles. Physical and chemical characteristics: homopolymer made of 2 - chloro - 1, 3 - butadiene by emulsion polymerization. Its average molecular weight is 100,000 ~ 200,000; relative density, 1.15 ~ 1.25 and the glass transition temperature, -45 ℃; it has polarity with neat molecular arrangement and reversible crystallization property.
Main purposes: chloroprene rubber is mainly used for electric wire and electric cable sheath, rubber tube, oil resistant rubber products, heatproof conveyor, printing rubber roller, rubber dam, sealing strip for buildings, highway caulking sealant, bridge bearings, wire waterproof caps for oilfields, flame retardant rubber products, all kinds of sealing gaskets and anticorrosion lining for chemical equipment as well as neoprene adhesive and so on, and for building waterproof materials, sealing materials, adhesives, ocean development, medical and health care, energy development, etc.
The product is listed under tariff numbers of 40024910 (chloroprene (neoprene) rubber of other primary shapes) and 40024990 (chloroprene (neoprene) rubber not specified) in the Customs Import and Export Tariff of the People’s Republic of China.
Rates of anti-dumping duty imposed on companies are as follows:
Japanese companies
Denka Company Limited 20.8%
TOSOH CORPORATION 10.2%
SHOWA DENKO K.K. 20.8%
4. All Others 43.9%
The US companies 151%
The EU companies
ARLANXEO Deutschland GmbH 11%
2. Polimeri Europa Elastomères France S.A. 53%
3. All others 151%
III. Methods of Levying Anti-dumping Duties
As of May 10, 2017, import operators shall pay relevant anti-dumping duties to the Customs of the People’s Republic of China when importing chloroprene rubber originated in Japan, the United States and the EU. The anti-dumping duties shall be levied by means of ad valorem on the basis of dutiable value authorized by China Customs, and the formula is: Anti-dumping duties = dutiable value authorized by China Customs x rate of anti-dumping duties. The import value-added tax shall be levied by means of ad valorem with the dutiable value authorized by China Customs plus the tariff and anti-dumping duties as the taxable value.
IV. Administrative Reconsideration and Administrative Litigation
Any person who refuses to accept the review may, according to Article 53 of the Anti-dumping Regulations, apply for an administrative reconsideration or initiate litigation to the people's court according to the law.
V. The MOFCOM Announcement No.19 of 2017 on Ruling of the Final Review of the Anti-dumping Measures against Imports of Chloroprene Rubber Originated in Japan, the United States and the EU will take effect as of May 10, 2017.
Ministry of Commerce of the People’s Republic of China
May 9, 2017