Issued by: Ministry of Commerce of the People’s Republic of China
Announcement No. 45, 2013
Date of Issuance: July 26, 2013

The Ministry of Commerce released annual Announcement No. 23 on May 10, 2005, deciding to impose anti-dumping duties on imports of neoprene originated in Japan, the U.S. and the EU as of May 10, 2005. On August 24, 2010, the Ministry of Commerce released annual Announcement No. 49, making its midterm review ruling on the anti-dumping measures against imports of neoprene originated in Japan, and made adjustment to the applicable anti-dumping duty rate. On May 9, 2011, the Ministry of Commerce released annual Announcement No. 21 and made final review ruling on the anti-dumping measures against imports of neoprene originated in Japan, the U.S. and the EU, deciding to continuously enforce anti-dumping measures against imports of neoprene originated in Japan, the U.S. and the EU in accordance with Announcement No. 23 of 2005 and Announcement No. 49 of 2010 of the Ministry of Commerce for five years as of May 10, 2011.

Chongqing Changshou Chemical Co., Ltd. and Shanxi Synthetic Rubber Group Co., Ltd., on behalf of the neoprene industry in China, submitted an application to the Ministry of Commerce on June 8, 2012, claiming that DENKIKAGAKU KOGYO KABUSHIKI KAISHA increased their dumping margin of exports of neoprene to China to an extent of exceeding the anti-dumping duty rate currently applicable for the company, and thereby requesting to conduct midterm review of dumping and dumping margin on anti-dumping measures of the aforesaid company involved.

The Ministry of Commerce reviewed the application according to law and considered that it complied with conditions to initiate an investigation. In accordance with the Regulations of the People’s Republic of China on Anti-dumping and the Provisional Rules on Midterm Review of Dumping and Dumping Margin of the Ministry of Commerce, the Ministry of Commerce released on August 8, 2012, a case-filing announcement, deciding to conduct midterm review of dumping and dumping margin on anti-dumping measures applicable for imports of neoprene originated in DENKIKAGAKU KOGYO KABUSHIKI KAISHA. The scope of such review investigation includes normal value, export price and dumping margin of neoprene produced by the aforesaid Japanese company. The products under investigation during such review investigation are same as that during the original anti-dumping investigation, namely neoprene. The products are listed under tariff codes of 40024910 “Other chloroprene rubber (neoprene) in primary form” and 40024990 “chloroprene rubber (neoprene) not elsewhere specified” in the Customs Import and Export Tariff of the People’s Republic of China.

Within the specified time, DENKIKAGAKU KOGYO KABUSHIKI KAISHA filed with the Ministry of Commerce for response, submitted their answer sheets and supplementary answer sheets as required, and cooperated in on-site inspection.

Based on the results of review investigation of dumping and dumping margin of DENKIKAGAKU KOGYO KABUSHIKI KAISHA and in accordance with Article 50 of the Regulations of the People’s Republic of China on Anti-dumping and the Provisional Rules on Midterm Review of Dumping and Dumping Margin of the Ministry of Commerce, relevant matters are announced as follows:

I. Ruling

Through investigation, the Ministry of Commerce ruled that during the review investigation period, there was dumping of imports of neoprene originated in DENKIKAGAKU KOGYO KABUSHIKI KAISHA and the dumping margin of DENKIKAGAKU KOGYO KABUSHIKI KAISHA was 20.8%.

II. Levy of Anti-dumping Duties

In accordance with the Regulations of the People’s Republic of China on Anti-dumping, the Ministry of Commerce suggested to Customs Tariff Commission of the State Council to adjust anti-dumping duties. Customs Tariff Commission of the State Council decided to adjust anti-dumping duty rate applicable for imports of neoprene originated DENKIKAGAKU KOGYO KABUSHIKI KAISHA to be 20.8% as of July 26, 2013.

III. Method of Levying Anti-dumping Duties

As of July 26, 2013, importers shall pay corresponding anti-dumping duties to the Customs of the People’s Republic of China when importing neoprene originated in DENKI KAGAKU KOGYO KABUSHIKI KAISHA. Anti-dumping duties shall be levied by means of ad valorem based on the dutiable value authorized by the Customs and the calculation formula is: anti-dumping duties = dutiable value (to be authorized by the Customs) × anti-dumping duty rate. Moreover, import VAT shall be levied by means of ad valorem based on the taxable value of dutiable value authorized by the Customs plus tariff and anti-dumping duties.

IV. Administrative Review and Administrative Litigation

In accordance with Article 53 of the Regulations of the People’s Republic of China on Anti-dumping, the interested parties may either apply for administrative review according to law, or lodge a lawsuit with a people’s court according to law.

V. This Announcement shall come into force as of July 26, 2013.

 

 

Ministry of Commerce of the People’s Republic of China

July 26, 2013