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MOFCOM Announcement No. 52 of 2019 - MOFCOM Announcement on Review of the Anti-dumping Measures Applicable to Imports of Halogenated Butyl Rubber Produced by Exxon Mobil Corporation and ExxonMobil Chemical Limited

[Issuer] Ministry of Commerce of the People's Republic of China
[Document No.] Announcement No. 52 of 2019
[Date of issue] November 19, 2019

On August 10, 2018, the Ministry of Commerce of the People's Republic of China (hereinafter referred to as the "MOFCOM") issued MOFCOM Announcement No. 40 of 2018, deciding to impose anti-dumping measures against imports of halogenated butyl rubber originating in the United States, the EU and Singapore for five years starting from August 20, 2018.

On September 19, 2019, Exxon Mobil Corporation and ExxonMobil Chemical Limited filed an application, claiming that after the implementation of the anti-dumping measures, the dumping margin of halogenated butyl rubber produced by these two companies had changed significantly and requesting for review of the anti-dumping measures against them in terms of dumping and dumping margin.

On September 20, 2019, the MOFCOM notified the domestic industry of the above application, and forwarded to the industry the public text of the application.

After conducting examination in accordance with the law, the MOFCOM believed that the application meets the conditions for review. In accordance with the Anti-dumping Regulations of the People's Republic of China and the Rules on Review of Dumping and Dumping Margin, the MOFCOM decided to, as of November 20, 2019, review the anti-dumping measures applicable to imports of halogenated butyl rubber produced by Exxon Mobil Corporation and ExxonMobil Chemical Limited in terms of dumping and dumping margin. Relevant review matters are hereby announced as below:

I. Product scope

The products subject to review of the anti-dumping measures are imports of halogenated butyl rubber produced by Exxon Mobil Corporation and ExxonMobil Chemical Limited. Specific descriptions are consistent with product descriptions set out in the MOFCOM Announcement No. 40 of 2018.

The product under Investigation is 鹵化丁基橡膠 or 鹵代丁基橡膠 mentioned in the Customs Import and Export Tariff of the People's Republic of China.

English name: Halogenated Butyl Rubber (Chlorobutyl Rubber, Bromobutyl Rubber)

The product is listed under tariff numbers of 40023910 and 40023990 in the Customs Import and Export Tariff of the People's Republic of China.

II. Review investigation period and review scope

(I) Review investigation period: the dumping investigation period of this review is from October 1, 2018 to September 30, 2019.

(II) Review scope: the anti-dumping duty rate applicable to imports of halogenated butyl rubber produced by Exxon Mobil Corporation and ExxonMobil Chemical Limited.

III. Review procedures

(I) Comments of interested parties.

Any interested party may give opinions on this review in writing and provide corresponding evidence within 20 days upon the date of issue hereof.

(II) Distribution of questionnaires.

In order to obtain the information necessary for the investigation as deemed by it, the MOFCOM will, as needed, distribute questionnaires to relevant interested parties. The questionnaires for this case may be downloaded from the "Cases" column of the website of the Trade Remedy and Investigation Bureau (http://trb.mofcom.gov.cn) of the MOFCOM website. Answer sheets of the questionnaires shall be submitted as required by the questionnaires within 37 days after they are distributed.

(III) Hearings.

An interested party may make a written request for holding a hearing in accordance with the Rules on the Hearing of Anti-dumping and Countervailing Investigations of the MOFCOM. When necessary as it deems, the MOFCOM may actively hold a hearing.

(IV) On-site inspections.

When necessary, the MOFCOM will assign workers to conduct on-site inspections at relevant countries; any materials submitted by an interested party shall include the statement on agreement about inspections; and, before inspections, the MOFCOM will inform relevant countries and enterprises in advance.

IV. Consequence of non-cooperation

In accordance with Article 21 of the Anti-dumping Regulations of the People's Republic of China, interested parties shall truthfully reflect the situation and provide relevant materials while the MOFCOM is carrying out an investigation. If any interested party does not truthfully reflect the situation or provide relevant materials, or fails to provide necessary information within a reasonable period, or otherwise seriously hinders the investigation, the MOFCOM may make a ruling on the basis of obtained facts and available optimum information.

V. Contact information

Trade Remedy and Investigation Bureau of the MOFCOM
Address: No. 2, Dong Chang'an Avenue, Beijing Municipality
Post code: 100731
Telephone: 86-10-65197589, 65198062
Fax: 86-10-65198172

Ministry of Commerce of the People's Republic of China
November 19, 2019

Translated by Liuzhao


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