New anti-dumping and countervailing duty petitions on acrylonitrile-butadiene rubber from France, Mexico and Korea | Faegre Drinker Biddle & Reath LLP
On June 30, 2021, Zeon Chemicals LP and Zeon GP, LLC filed anti-dumping (AD) duty petitions on acrylonitrile-butadiene rubber (also known as NBR) from France, Mexico and from Korea. The petitioners believe that they are the only American producers of this product.
The US anti-dumping law imposes special tariffs to offset imports sold to the United States at a price below “normal value”. For anti-dumping duties to be imposed, the United States government must determine not only that there is dumping, but also that there is “material injury” (or threat of injury) as a result of the subject imports. of dumping. Importers are responsible for any potential anti-dumping duty imposed. In addition, these surveys could impact buyers by increasing prices and / or decreasing the supply of NBR.
According to the petition:
The product under investigation is commonly referred to as acrylonitrile butadiene rubber or nitrile rubber (NBR). NBR is a synthetic rubber produced by the emulsion polymerization of butadiene and acrylonitrile with or without the incorporation of a third component selected from methacrylic acid or isoprene. NBR is sold in the form of balls, slabs, crumbs, powder, granules, particles and liquid. NBR in the form of latex (HTSUS under subheading 4002.51.00) is excluded from the scope of this investigation. Also excluded from the scope of this investigation are: (a) additives containing NBR (for example nitrile rubber still mixed with fillers, reinforcing agents, vulcanizing agents, etc .; for example, products classified in the subheading HTSUS 4005); (b) NBR containing rubber processing chemicals, NBR containing other materials used for further processing beyond the polymerization process: and, (c) hydrogenated NBR (commonly referred to as HNBR) produced by subsequent dissolution and hydrogenation by NBR. The commodity subject to this investigation is classified in the HTSUS under subheading 4002.59.00. Although the subheading HTSUS is provided for convenience and customs purposes, the written merchandise under investigation is determinative.
- For the French producers / exporters, the applicants allege a dumping margin of 72.27 per cent.
- For the Mexican producers / exporters, the petitioners allege a margin of dumping of 97.00 per cent.
- For the Korean producers / exporters, the petitioners allege a dumping margin of 110.31 percent.
Estimated schedule of investigations:
The following is an estimated schedule of investigations conducted by the United States Department of Commerce (DOC) and the United States International Trade Commission (ITC):
|June 30, 2021||Petitions are tabled.|
|July 20, 2021||DOC opens investigations.|
|July 21, 2021||ITC Staff Conference (estimate).|
|August 16, 2021||Deadline for ITC preliminary injury determinations.|
|December 7, 2021||Deadline for USDOC preliminary anti-dumping determinations, if deadlines are NOT extended.|
|January 26, 2022||Deadline for USDOC preliminary anti-dumping determinations, if deadlines are fully extended.|
|June 10, 2022||Deadline for final DOC AD determinations, if all deadlines are fully extended.|
|July 25, 2022||Deadline for final ITC injury determination, if all DOC deadlines are fully extended.|