Category: Uncategorized (미분류)

Zeon Chemicals L.P. and Zeon GP, LLC have filed an antidumping duty (AD) petition on imports of non-latex, non-hydrogenated acrylonitrile-butadiene rubber (“NBR”) from France, Mexico, and South Korea.

The scope of the petitions is below.

Petitioners have requested AD duties as described below:

Country              AD Duties Requested

France                 72.27 percent

Mexico                97.00 percent

South Korea       110.31 percent

Korean Producers (한국 수출사)

Kumho Petrochemical. (금호석유화학)

LG Chemical, Ltd. (LG화학)

The US Department of Commerce (DOC) will initiate the investigations on July 20, 2021. Due to the COVID-19 pandemic, the US International Trade Commission (ITC) is canceling import injury preliminary phase staff conferences and issuing notices for written submissions.

Event	Current Deadline (could be extended)	Extended Deadline
Petition	6/30/2021	6/30/2021
DOC Initiation	7/20/2021	7/20/2021
ITC Preliminary Conference	7/21/2021	7/21/2021
ITC Prelim Determination	8/16/2021	8/16/2021
DOC Preliminary AD Determination	12/7/2021	1/26/2021
DOC Final AD Determination	2/21/2022	6/10/2022
ITC Hearing	Early December 2021	Mid February 2022
ITC Final Injury Determination for AD	4/6/2022	7/25/2022
AD Order	4/13/2022	8/1/2022

Scope of Investigation

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 description of the merchandise under investigation is dispositive.

Today the Coalition Against Korean Cigarettes (CAKC) filed an antidumping (AD) petition on imports of 4^th Tier Cigarettes from South Korea.  The first volume of the petition is attached, as well as the Exhibits listing the targeted foreign producers and exporters, U.S. Importers, and information on U.S. Imports. The scope of the petitions is provided below. 

Petitioners have requested AD duties as described below.

Country                AD Duties Requested

Korea                   Average margin is 103.02 percent for KT&G

The US Department of Commerce (DOC) will initiate the investigations on 1/7/2019, and the US International Trade Commission (ITC) will hold a public preliminary conference in Washington, DC on 1/8/2019, in which interested parties (US producers, importers, purchasers, and foreign producers/exporters) may testify and answer ITC staff questions about the 4^th Tier Cigarette industry and market. The remaining estimated schedule is below (showing the earliest and latest possible dates). Please let us know if you have any questions regarding this.

Event	Current Deadline	Fully Extended Deadline
Petition	12/18/2019	12/18/2019
DOC Initiation	1/7/2020	1/7/2020
ITC Preliminary Conference	1/8/2020	1/8/2020
ITC Prelim Determination	2/3/2020	2/3/2020
DOC Preliminary CVD Determination (*cash deposits required for imports*)	N/A	N/A
DOC Preliminary AD Determination	5/26/2020	7/15/2020
DOC Final CVD Determination	N/A	N/A
DOC Final AD Determination	8/10/2020	11/27/2020
ITC Hearing	Early August 2020	Early December 2021
ITC Final Injury Determination for CVD	N/A	N/A
ITC Final Injury Determination for AD	9/23/2020	1/11/2021
CVD Order	N/A	N/A
AD Order	9/30/2020	1/18/2021

Scope of the Petitions:

The merchandise covered by this investigation is certain tobacco cigarettes, commonly referred to as “4th tier cigarettes.” The subject cigarettes are composed of tobacco rolled in paper, have a nominal minimum total length of 7.0 cm but do not exceed 12.0 cm in total nominal length, and have a nominal diameter of less than 1.3 cm. These sizes of cigarettes are frequently referred to as “Kings” and “100’s,” but subject merchandise that meets the physical description of the scope is included regardless of the marketing description of the size of the cigarettes. Subject merchandise typically has a tobacco blend that consists of 10% to 40% tobacco stems.

Subject merchandise is typically sold in packs of 20 cigarettes per pack which generally includes the marking “20 Class A Cigarettes” but are included regardless of packaging. 4 th Tier cigarette packages typically sold in boxes without a rounded internal comer and without embossed aluminum foil inside the pack.

Both menthol and non-menthol cigarettes and cigarettes with or without a filter attached are covered by the scope of this investigation.

Excluded from the scope of this investigation are cigarettes that legally bear the valid and enforceable brand and/or trademark of a company who is a participating member of the Master Settlement Agreement (“MSA”) of November 1998.

Merchandise covered by this investigation is currently classified in the Harmonized Tariff Schedule of the United States (“HTSUS”) under subheading 2402.20.8000. This HTSUS subheading is provided for convenience and customs purposes; the written description of the scope of the investigation is dispositive.

Korean Producer:

KT&G Global
Beotkkot Street 71
Daedeok-gu
Daejeon
Korea

1. Dumping Margin = Normal Value – Export Price

Pursuant to 19 USCS §1677 35 (A), the margin of dumping is “the amount by which the normal value exceeds the export price or constructed export price of the subject merchandise.” The Export Price is the net U.S. price and the Normal Value is the net prices based on (1) Home Market, (2) Comparable Market, or (3) Constructed Value (cost of production plus a reasonable amount of administrative expenses as well as profits).

In order to determine the margin of dumping in an anti-dumping investigation, the Department of Commerce (the “DOC”), in general, compares the weighted average normal value to a weighted average export price (or constructed export price) for comparable merchandise, or it compares the normal values of individual transactions to the individual export prices (or constructed export prices) for comparable merchandise.

However, in case the DOC is convinced that a pricing pattern of export prices (or constructed export prices) of a merchandise is significantly different among different purchasers, regions, or time periods, comparison based on weighted average-to-weighted average methodology or the individual-to-individual methodology may not be appropriate, and in such case, the DOC may compare a weighted average normal value to individual export prices (or constructed export prices).

(To be continued…)