19
th
July, 2006
Notification No. 75/2006 - Customs
G.S.R. 430(E).- Whereas in the matter of import of ethylene-propylene-non-conjugated diene rubber (EPDM) which
hereinafter may be referred to as the subject goods, classified as tariff item 4002 70 00 in the First Schedule to the Customs
Tariff Act, 1975 (51 of 1975), originating in, or exported from, the European Union, the United States of America, People's
Republic of China also known as China PR and Brazil (hereinafter referred to as the subject countries), the designated
authority in its final findings vide notification No.14/18/2004-DGAD, published in the Gazette of India, Extraordinary, Part I,
Section 1, dated the 16
th
June, 2006, has come to the conclusion that -
(i) the subject goods have entered the Indian market from the subject countries at prices less than their normal values;
(ii) the domestic industry has suffered material injury and threat of injury exists; and
(iii) the injury has been caused to the domestic industry, both by volume and price effect of dumped imports of the subject
goods originating in or exported from the subject countries,
and has recommended imposition of definitive anti-dumping duty on all imports of the subject goods originating in, or exported
from the subject countries.
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, read with
rules 18 and 20 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, on the basis of the aforesaid findings of the designated
authority, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, classified as
tariff item in the First Schedule to the said Customs Tariff Act, as specified in the corresponding entry in column (2), the
specification of which is specified in column (4), originating in the countries as specified in the corresponding entry in column
(5) and produced by the producers as specified in the corresponding entry in column (7), when exported from the countries as
specified in the corresponding entry in column (6), by the exporters as specified in the corresponding entry in column (8) and
imported into India, an anti-dumping duty at a rate which is equivalent to the difference between the reference price as
specified in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11) and
per unit of measurement as specified in the corresponding entry in column (10) of the said Table and the landed value of said
imported goods in like currency per like unit of measurement;
Table
S.
No
Tariff
Item
Description of
goods
Specification
Country of
origin
Country of
export
ProducerExporter
Reference
price
Unit of
measurement
Currency
(1)(2)(3) (4) (5) (6) (7) (8) (9) (10) (11)
1
4002
70
00
Ethylene- propylene-
non-conjugated
diene rubber
(EPDM)
All grades
European
Union
European
Union
M/s DSM
Elastomer
Europe B.V.
M/s DSM
Elastomer
Asia,
Singapore
2.47 kg. US$
2
4002
70
00
-do- -do-
European
Union
Any
Any other
than above
Any 2.51 kg. US$
3
4002
70
00
-do- -do-
Any other
than
European
Union
European
Union
Any Any 2.51 kg. US$
4
4002
70
00
-do- -do-
United
States of
America
Any Any Any 2.51 kg. US$
5
4002
70
00
-do- -do- Any
United
States of
America
Any Any 2.51 kg. US$
6
4002
70
00
-do- -do- Brazil Any Any Any 2.51 kg. US$
7
4002
70
00
-do- -do- Any BrazilAny Any 2.51 kg. US$
8
4002
70
00
-do- -do- China PRAny Any Any 2.51 kg. US$
9
4002
70
00
-do- -do- Any China PRAny Any 2.51 kg. US$
2. The anti-dumping duty imposed under this notification shall be paid in Indian currency.
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 sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act;
(b) "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 under sub-clause (i) of clause (a) of sub-section (3) of section 14 of the said Customs Act; and the
relevant date for the 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.
F. No. 354/51/2006-TRU