Notification No. 100/2004, Dated 28th Sept 2004

 28^th September, 2004

Notification No. 100/ 2004-Customs

               Whereas the designated authority vide its notification No. 15/5/2003-DGAD, dated the 30th July, 2003, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 30^th July, 2003, had initiated a sunset review in the matter of continuation of anti-dumping duty on imports of Styrene Butadiene Rubber (SBR) 1900 series falling under heading 3903 or 4002 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) [hereinafter referred to as the subject goods], originating in, or exported from, Japan, Korea R.P. and United States of America (hereinafter referred to as the subject countries), imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.73/2000-Customs, dated the 22nd May, 2000 [ GSR 477 (E) dated the 22^nd May, 2000], and had requested vide its D.O. No 15/5/2003- DGAD, dated the 29^th April, 2004 for continuation of anti-dumping duty for an additional period of six months, pending the completion of the review.

            And whereas the Central Government has extended the anti-dumping duty on the subject goods originating in, or exported from the subject countries vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.73/2004-Customs, dated the 26^th July, 2004, [G.S.R. 476 (E), dated the 26^th July, 2004,] for an additional period of six months up to and inclusive of the 25th day of October, 2004,

And whereas in the matter of sunset review of anti-dumping duty on import of the subject goods originating in, or exported from the subject countries, the designated authority vide its findings, No. 15/5/2003-DGAD, dated the 27^th July, 2004, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 28^th July, 2004 has come to the conclusion that –

(i)      subject goods, originating in or exported from subject countries has been exported to India below normal value, resulting in dumping;

(ii)     the domestic industry is suffering material injury;

(iii)    dumping of subject goods is continuing from the subject countries; and

(iv)    the material injury to the domestic industry may continue and intensify if anti-dumping duty is removed,

            and recommended the continuation of the anti-dumping duty in force on the import of subject goods originating in or exported from the subject countries;      

            Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act 1975 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 hereby imposes on the subject goods originating in, or exported from, the countries mentioned in column (2) of the Table below, and imported into India, an anti-dumping duty at the rate  specified in the corresponding entry in column (4) of the said Table. 

TABLE

Explanation.-  For the purpose of this notification, the anti-dumping duty shall be calculated in Indian currency and the 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 powers under 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 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.354/48/2004-TRU]

(Anupam Prakash) 
Under Secretary to the Government of India