[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
Notification
No. 46/2015-Customs (ADD)
New Delhi, the 4
th
of September, 2015
G.S.R. (E). Whereas, the designated authority, vide notification No. 15/29/2013-DGAD, dated the 31
st
December, 2013,
published in the Gazette of India, Extraordinary, Part I, Section 1 dated the 31
st
December, 2013, had initiated a review in the
matter of continuation of anti-dumping duty on acrylonitrile butadiene rubber (hereinafter referred to as NBR) falling under
Chapter 40 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Korea RP,
imposed vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 01/2009-
Customs, dated the 2
nd
January, 2009, published in the Gazette of India, Part II, Section 3, Sub-section (i) vide number G.S.R.
5(E), dated the 2
nd
January, 2009, and had requested for extension of anti-dumping duty for an additional period of one year
from the date of its expiry, in terms of sub-section (5) of section 9A of the said Customs Tariff Act, pending the completion of
the review;
And whereas the Central Government had extended the anti-dumping duty imposed on NBR originating in, or exported from,
Korea RP vide notification No. 06/2014-Customs (ADD), dated the 23
rd
January, 2014, published in the Gazette of India, Part
II, Section 3, Sub-section (i) vide number G.S.R. 48(E), dated the 23
rd
January, 2014 upto and inclusive of 1
st
January, 2015;
And whereas the designated authority vide notification No. 15/29/2013-DGAD, dated the 30
th
June, 2015, published in Part I,
Section 1 of the Gazette of India, Extraordinary, dated the 30
th
June 2015 has concluded that
a) there is continued dumping of the product concerned from Korea RP, causing injury to the domestic industry;
b) both price undercutting and underselling are positive;
c) the financial performance of the Domestic Industry has deteriorated; during the period of investigation, the domestic industry
has shown negative growth in terms of the economic parameters such as production, domestic sales, capacity utilization,
market share, profit, profitability, return on capital employed; the dumped imports continue to cause injury to the domestic
industry.
d) dumping of the product under consideration is likely to intensify from the subject country should the current anti-dumping duty
be withdrawn;
and has recommended continuation of anti-dumping duty on imports of NBR originating in, or exported from, Korea RP;
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975
(51 of 1975) read with rules 18 and 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 the goods the description of which is specified in column (3) of the
Table below, falling under heading of 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 the corresponding entry in column (4), originating in the country
specified in the corresponding entry in column (5), exported from the country specified in the corresponding entry in column (6),
produced by the producer specified in the corresponding entry in column (7), exported by the exporter specified in the
corresponding entry in column (8), and imported into India, an anti-dumping duty at the rate equal to the amount indicated 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, namely:-
Table
S.
No.
Heading
Description
of goods
Specification
Country
of origin
Country
of export
ProducerExporterAmount
Unit
of
measure-
ment
Currency
(1)(2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
1.4002
Acrylo nitrile
Butadiene
Rubber (NBR)
Any Korea RPKorea RP
M/s Kumho
Petro-
chemicals Co
Ltd
M/s Kumho
Petro-
chemicals Co
Ltd
57 MT US Dollar
2.4002
Acrylo nitrile
Butadiene
Rubber (NBR)
Any Korea RPKorea RP
M/s LG
Chemicals Ltd
(LG)
M/s LG
Chemicals Ltd
(LG)
61 MT US Dollar
3.4002
Acrylo nitrile
Butadiene
Rubber (NBR)
Any Korea RPKorea RP
Any other producer/exporter
other than combination of
producer-exporter indicated at
Sr. Nos. 1&2 above
85 MT US Dollar
4.4002
Acrylo nitrile
Butadiene
Rubber (NBR)
Any Korea RP
Any
Country
other than
Korea RP
Any Any 85 MT US Dollar
5.4002
Acrylo nitrile
Butadiene
Rubber (NBR)
Any
Any
Country
other than
Korea RP
Korea RPAny Any 85 MT US Dollar
S.
No.
Heading
Description
of goods
Specification
Country
of origin
Country
of export
ProducerExporterAmount
Unit
of
measure-
ment
Currency
2. The anti-dumping duty imposed under this notification shall be effective for a period of five years (unless revoked, amended
or superseded earlier) from the date of publication of this notification in the Gazette of India and shall be paid in Indian
currency.
Explanation.- For the purposes of this notification, 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, under section 14 of the Customs Act, 1962 (52 of 1962) 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.
[F. No. 354/ 179/2002-TRU] (Pt.-V)
(Anurag Sehgal)
Under Secretary to the Government of India
