[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. 01/2009-Customs
New Delhi, the 2
nd
January, 2009
G.S.R. (E). - Whereas, the designated authority had initiated a sunset review in the matter of continuation of final 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 and Germany, imposed vide notification of
the Government of India in the Ministry of Finance (Department of Revenue), No. 111/2002-Customs, dated the 10th October,
2002, published in the Gazette of India, part II, Section 3, Sub-Section (i) vide number G.S.R. 697(E), dated the 10th October,
2002] which was superseded vide notification of the Government of India in the Ministry of Finance (Department of Revenue),
No. 78/2005-Customs, dated the 1st September, 2005, published in the Gazette of India, part II, Section 3, Sub-Section (i) vide
number G.S.R. 554(E), dated the 1st September, 2005, 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 and Germany vide notification No. 109/2007-Customs, dated the 9th October, 2007, published in the Gazette of
India, part II, Section 3, Sub-Section (i) vide number G.S.R. 651(E), dated the 9th October, 2007 upto and inclusive of 8th
October, 2008;
And whereas the designated authority vide notification No. 15/6/2007-DGAD, dated the 4th October 2008, published in Part I,
Section 1 of the Gazette of India, Extraordinary, dated the 6th October 2008 has concluded that -
a)
there is no reason for continuation of existing anti dumping measures on exports of NBR
from Germany into India;
b)
there is a strong likelihood of exports of NBR from Korea RP into India continuing at
dumped prices leading to consequential injury to the domestic industry and injury to
domestic industry is likely to continue or recur if the duties are either revoked or reduced
in respect of imports from Korea; and
c)
the domestic industry continues to suffer material injury on account of low per unit
realization due to the price effect of dumped imports and erosion of its market share;
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 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 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) and 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.
Table
S.NoHeading
Description
of goods
Specification
Country
of
origin
Country
of
export
Producer ExporterAmount
Unit of
measurement
Currency
(1)(2) (3) (4) (5)(6) (7) (8) (9) (10) (11)
1.4002
Acrylonitrile
Butadiene
Rubber
(NBR)
Any
Korea
RP
Korea
RP
M/s Korea Kumho
Petrochemicals Co
Ltd (KKPC)
M/s Korea
Kumho
Petrochemicals
Co Ltd (KKPC)
38.73 MT
US
Dollar
2.4002
Acrylonitrile
Butadiene
Rubber
(NBR)
Any
Korea
RP
Korea
RP
M/s LG Chemicals Ltd
(LG)
M/s LG
Chemicals Ltd
(LG)
38.73 MT
US
Dollar
3.4002
Acrylonitrile
Butadiene
Rubber
(NBR)
Any
Korea
RP
Korea
RP
Any other Producer/
exporter other than
combination of
Producer- exporter
indicated at Sr. Nos. 1
& 2 Above
362.75 MTUS Dollar
4.4002
Acrylonitrile
Butadiene
Rubber
(NBR)
Any
Korea
RP
Any Any Any 362.75 MT
US
Dollar
5.4002
Acrylonitrile
Butadiene
Rubber
(NBR)
Any Any
Korea
RP
Any Any 362.75 MT
US
Dollar
2. This notification shall be effective for a period of five years (unless revoked, superseded or amended earlier) and the
anti-dumping duty shall be paid in Indian Currency.
Explanation . - For the purposes of this notification, 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 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 (Part IV)
(Unmesh Sharad Wagh)
Under Secretary to the Government of India.
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