7th June 2005
Notification No. 53/2005 - Customs
Whereas, in the matter of import of acrylonitrile butadiene rubber (NBR) in bale form [excluding powder and carboxylated NBR]
(hereinafter referred to as the subject goods), falling under heading 4002 of the First Schedule to the Customs Tariff Act, 1975
(51 of 1975), originating in, or exported from, European Union [excluding Germany], Brazil and Mexico (hereinafter referred to
as the subject countries), the designated authority, vide its preliminary findings notification No. 14/32/2003-DGAD dated the 30
th
March, 2005, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 30
th
March, 2005, has come to the
conclusion that -
(i) the dumping margins of the subject goods imported from the subject countries/territories are substantial and
above de-minimis levels;
(ii) the domestic industry suffers material injury in terms of loss of market share, low capacity utilization and
profitability;
(iii) and 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/territories.
and has recommended imposition of provisional anti-dumping duties, pending final determination, on all imports of the subject
goods, originating in, or exported from, the subject countries;
And whereas the designated authority has issued a corrigendum dated the 21
st
April, 2005 vide No. 14/32/2003-DGAD to the
aforesaid preliminary findings;
Now, therefore, in exercise of the powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act, read with
rules 13 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 preliminary findings and
corrigendum 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 4002 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 column (4) of the said Table, 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 the rate
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.
Table
S.NoHeadingDescription of goodsSpecification
Coutry of
origin
Country
of export
ProducerExporter
Duty
amount
Unit of
measur-
ement
Currency
(1)(2) (3) (4) (5) (6) (7) (8) (9)(10)(11)
14002
Acrylonitrile butadiene
rubber (NBR) [excluding
powder and carboxylated
NBR]
In bale formBrazilBrazil
M/s
Petroflex,
Brazil
M/s
Petroflex,
Brazil
136.47MT US$
24002
Acrylonitrile butadiene
rubber (NBR) [excluding
powder and carboxylated
NBR]
In bale formBrazilBrazil
M/s
Nitroflex,
Brazil
M/s
Nitroflex,
Brazil
215.90MT US$
34002
Acrylonitrile butadiene
rubber (NBR) [excluding
powder and carboxylated
NBR]
In bale formBrazilBrazil Any
Any other
than
above
220.73MT US$
44002
Acrylonitrile butadiene
rubber (NBR) [excluding
powder and carboxylated
NBR]
In bale formBrazil
Any
excluding
Mexico
Any Any220.73MT US$
54002
Acrylonitrile butadiene
rubber (NBR) [excluding
powder and carboxylated
NBR]
In bale form
Any
excluding
Mexico
Brazil Any Any220.73MT US$
64002
Acrylonitrile butadiene
rubber (NBR) [excluding
powder and carboxylated
NBR]
In bale form
EU except
Germany
EU except
Germany
Any Any164.57MT US$
74002
Acrylonitrile butadiene
rubber (NBR) [excluding
powder and carboxylated
NBR]
In bale form
EU except
Germany
Any other
than Brazil
and
Mexico
Any Any164.57MT US$
84002
Acrylonitrile butadiene
rubber (NBR) [excluding
powder and carboxylated
NBR]
In bale form
Any other
than Brazil
and
Mexico
EU except
Germany
Any Any164.57MT US$
94002
Acrylonitrile butadiene
rubber (NBR) [excluding
powder and carboxylated
NBR]
In bale formMexicoMexico Any Any304.37MT US$
104002
Acrylonitrile butadiene
rubber (NBR) [excluding
powder and carboxylated
NBR]
In bale formMexico Any Any Any304.37MT US$
114002
Acrylonitrile butadiene
rubber (NBR) [excluding
powder and carboxylated
NBR]
In bale form Any Mexico Any Any304.37MT US$
2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 6
th
day of December,
2005 and shall be payable 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 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 by sub-clause (i) of clause (a) of sub-section (3) of section 14 of the Customs Act, 1962 (52 of 1962),
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.354/37/2005-TRU
Ajay
Under Secretary to the Government of India
