Anti-Dumping Duty: Acrylonitrile Butadiene Rubber (NBR), originating in,
or exported from, Korea RP and Germany
Customs
Notification No. 111 dated 10th October 2002
WHEREAS
the designated authority vide notification published in Part I, Section 1
of the Gazette of India, Extraordinary, dated the 1st day of October,
2001, had initiated review in the matter of continuation of final anti-dumping
duty imposed on Acrylonitrile Butadiene Rubber falling under Chapter 40 of the
First Schedule to the Customs Tariff Act, 1975 (51 of 1975), (hereinafter
referred to as NBR) originating in, or exported from, Korea RP and Germany, vide
notification No. 91/ 2001 - Customs, dated the 7th September, 2001
[G.S.R. 649 (E), dated the 7th September, 2001], on the basis of
midterm review findings of the designated authority vide notification published
in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 20th
July, 2001 and had requested for suitable extension of anti-dumping duty,
pending the results of the review investigations;
AND
WHEREAS the Central Government has extended the anti-dumping duty imposed on NBR
originating in, or exported from, Korea RP and Germany vide notification
No. 91/ 2001-Customs, dated the 7th September, 2001, as amended vide
notification No. 8/ 2002 - Customs, dated the 18th January, 2002
[G.S.R. 40 (E), dated the 18th January, 2002] upto and inclusive of
30th July, 2002; and notification No. 71/ 2002-Customs, dated the 22nd
July, 2002 [G.S.R. 506 (E), dated 22nd July, 2002], upto and
inclusive of 30th September, 2002;
AND
WHEREAS the designated authority vide notification No. 50/ 1/ 2001-DGAD,
dated the 21st September, 2002, published in Part I, Section 1
of the Gazette of India, Extraordinary, dated the 21st September,
2002 has concluded that -
(a)
NBR originating in, or exported from, Korea RP and Germany have been
exported to India below its normal value;
(b)
Various economic indicators and injury parameters in particular price
undercutting by dumped imports imply that the cessation of anti-dumping duty on
NBR from Korea RP and Germany will lead to continuance or recurrence of dumping
and injury; and
(c)
Has recommended for continuation of anti-dumping duty on NBR;
Now,
therefore, in exercise of the powers conferred by sub-sections (1) and (5) of
section 9A of the said Customs Tariff Act, read with rule 23 of the Customs
Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped
Articles and for Determination of Injury) Rules, 1995, the Central Government
after considering the aforesaid findings of the designated authority, hereby
imposes on Acrylonitrile Butadiene Rubber, falling under Chapter 40 of the First
Schedule to the said Customs Tariff Act, originating in, or exported from, Korea
RP and Germany, and imported into India, an anti-dumping duty at the rate which
is equivalent to the difference between the amount mentioned in column (4) of
the Table below and the landed value of imports per metric tonne.
TABLE
S.
No.
|
Name
of Country
|
Exporter/
Producer
|
Amount
(US $/ MT)
|
(1)
|
(2)
|
(3)
|
(4)
|
1
|
Korea
RP
|
Korea
Kumho Petrochemical Co.
|
1692.12
|
Hyundai
Petrochemical Co. Ltd
|
1908.28
|
All
other exporters / producers
|
1902.28
|
2.
|
Germany
|
Bayer
AG
|
2314.8
|
All
other exporters / producers
|
2314.8
|
Explanation:
For the purposes of this notification, -
(a)
�landed value� means the assessable value as determined under the Customs
Act, 1962 (52 of 1962) and includes all duties of customs except duties levied
under section 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act.
(b)
The anti dumping duty shall be paid in Indian currency and rate of exchange
applicable for the purposes of calculation of such anti-dumping duty shall be
the rate, which is specified in the notification of the Government of India in
the Ministry of Finance (Department of Revenue), issued from time to time, in
exercise of the powers conferred under sub-clause (i) of clause (a) of
sub-section (3) of section 14 of the said Customs Act and the relevant date
for determination of the rate of exchange shall be the date of presentation of
the bill of entry under section 46 of the said
Customs Act.
|