July 01, 2021

New Antidumping and Countervailing Duty Petitions on Acrylonitrile-Butadiene Rubber from France, Mexico and Korea

On June 30, 2021, Zeon Chemicals L.P. and Zeon GP, LLC filed antidumping duty (AD) petitions on Acrylonitrile-Butadiene Rubber (also known as NBR) from France, Mexico and Korea. The petitioners believe they are the only United States producers of this product.

The U.S. AD law imposes special tariffs to counteract imports sold in the United States at less than “normal value.” For AD duties to be imposed, the U.S. government must determine not only that dumping is occurring, but also that there is “material injury” (or threat thereof) by reason of the dumped imports. Importers are liable for any potential AD duties imposed. In addition, these investigations could impact purchasers by increasing prices and/or decreasing supply of NBR.

Scope:

Per the Petition:

The product covered by this 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 bale, slab, crumb, powder, pellet, particulate, and liquid form. NBR in the latex form (HTSUS at subheading 4002.51.00) is excluded from the scope of this investigation. Also excluded from the scope of this investigation is: (a) NBR containing additives (e.g. nitrile rubber further compounded with fillers, reinforcement agents, vulcanization agents, etc.; by example, products classified under HTSUS subheading 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 of NBR. The merchandise subject to this investigation is classified in the HTSUS at subheading 4002.59.00. Although the HTSUS subheading is provided for convenience and customs purposes, the written merchandise under investigation is dispositive.

Estimated Margins:

  • For French producers/exporters, the Petitioners allege a dumping margin of 72.27 percent.
  • For Mexican producers/exporters, the Petitioners allege a dumping margin of 97.00 percent.
  • For 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 by the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC”:

June 30, 2021 Petitions are filed.
July 20, 2021 DOC initiates investigations.
July 21, 2021 ITC staff conference (estimated).
August 16, 2021 Deadline for ITC preliminary injury determinations.
December 7, 2021 Deadline for DOC preliminary AD determinations, if deadlines are NOT postponed.
January 26, 2022 Deadline for DOC preliminary AD determinations, if deadlines are fully postponed.
June 10, 2022 Deadline for DOC final AD determinations, if all deadlines are fully postponed.
July 25, 2022 Deadline for ITC final injury determination, if all DOC deadlines are fully postponed.

For further information, contact Douglas J. Heffner, Richard P. Ferrin or any other member of the Customs and International Trade Team.

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