Ministry of Commerce: impose anti-dumping duties on imports of EPDM rubber originating in the United States, South Korea and the European Union

1.

2.

American company

(The Dow Chemical Company)

2.
Exxon Mobil Corporation 214.
9%

(Exxon Mobil Corporation)

3.
ARLANXEO America, Inc.
219.
8%

(ARLANXEO USA LLC)

4.
American Lion Elastomer Co.
, Ltd.
219.
8%

(Lion Copolymer Geismar, LLC)

5.
Other U.
S.
companies 222.
0%

(All Others)

  Korean company

1.
Kumho Polychem Co.
, Ltd.
12.
5%

(KUMHO POLYCHEM Co.
,Ltd.
)

2.
Lotte Weiss Elastomer Co.
, Ltd.
21.
1%

(Lotte Versalis Elastomers Co.
,Ltd.
)

3.
Other Korean companies 24.
5%

(All Others)

  EU company

1.
ARLANXEO Netherlands Ltd.
18.
1%

(ARLANXEO Netherlands BV)

2.
ExxonMobil Chemical France 14.
7%

(ExxonMobil Chemical France (ExxonMobil Chemical France Societe par Actions Simplifiee))

3.
Italy Vissaris Co.
, Ltd.
16.
5%

(Versalis SpA)

4.
Other EU companies 31.
7%

(All Others)

  3.
Methods of levying anti-dumping duties

Starting from December 20, 2020, import operators shall pay corresponding anti-dumping duties to the Customs of the People's Republic of China when importing EPDM rubber originating in the United States, South Korea and the European Union
.
Anti-dumping duties are calculated and levied based on the customs-approved customs value, and the calculation formula is: anti-dumping duty amount = customs duty-paid price × anti-dumping duty rate
.
Import value-added tax shall be levied ad valorem based on the customs-approved value plus customs duties and anti-dumping duties as the taxable value
.

  4.
Retrospective collection of anti-dumping duties

From October 28, 2020 to December 19, 2020, the deposit provided by relevant import operators to the Customs of the People’s Republic of China in accordance with the announcement of the preliminary ruling shall be calculated based on the scope of the products subject to anti-dumping duties and the anti-dumping duty rate determined by the final ruling.
Levy and convert it into anti-dumping duties, and calculate and levy import value-added tax at the corresponding value-added tax rate
.
During this period, the part of the deposit provided by the relevant import operator that exceeds the anti-dumping duty, and the part of the import value-added tax levied as a result, will be refunded by the customs, and the under-collected part will no longer be collected
.

Anti-dumping duties are not retrospectively levied on EPDM rubber originating in the United States, South Korea and the European Union imported before the implementation of the temporary anti-dumping measures
.

  V.
Time limit for collecting anti-dumping duties

The implementation period for imposing anti-dumping duties on imports of EPDM rubber originating in the United States, South Korea and the European Union is 5 years from December 20, 2020
.

  6.
Review of new exporters

For new exporters from the United States, South Korea, and the European Union who have not exported the products under investigation to the People’s Republic of China during the investigation period, if they meet the conditions, they can apply to the investigation authority in writing for new exporters in accordance with Article 47 of the Anti-dumping Regulations.
Review
.

  Seven, period review

During the period when anti-dumping duties are levied, relevant interested parties may, in accordance with the provisions of Article 49 of the Anti-dumping Regulations, apply to the investigating authority for a periodical review in writing
.

  8.
Administrative reconsideration and administrative litigation

Anyone who is dissatisfied with the final decision of the case and the decision to impose anti-dumping duties can apply for administrative reconsideration according to the provisions of Article 53 of the Anti-dumping Regulations, or file a lawsuit in a people’s court according to law
.

  9.
This announcement will be implemented from December 20, 2020
.

People's Republic of China Ministry of Commerce

December 18, 2020