Notification No. 78/2005, Dated 1st Sept 2005

1st September, 2005

Notification No. 78/2005-Customs

     Whereas in the matter of import of 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 (hereinafter referred to as the subject countries), the designated authority vide its sunset review findings, published in Part I, Section 1 of the Gazette of India, vide notification No. 50/1/2001-DGAD, dated the 21^st September, 2002, had concluded that-

(a)	NBR originating in, or exported from, Korea RP and Germany have been exported to    India below its normal value;
(b)	various economic indicators and injury parameters in particular price undercutting by dumped imports imply that the cessation of anti-dumping duty on NBR from Korea RP and Germany will lead to continuance or recurrence of dumping and injury; and
(c)	has recommended for continuation of anti-dumping duty on NBR.

            And whereas on the basis of the aforesaid sunset review findings of the designated authority, the Central Government had imposed anti-dumping duty for a further period of five years on import of NBR, originating in, or exported from the subject countries, vide notification No. 111/2002-Customs dated the 10^th October, 2002 [G.S.R. 697(E) dated the 10^th October, 2002], published in part II, section 3, sub-section (i) of the Gazette of India, Extraordinary, dated 10^th October, 2002.

And whereas the Customs, Excise and Service Tax Appellate Tribunal (hereinafter referred to as the Tribunal), in the matter of M/s. Puneet Resins and others, in Appeals No.C/260/02-AD, No.C/596/02-AD, No. C/687/02-AD, No.C/14/03-AD and No.C/125/03-AD, had vide its final order No. 14-18/04-AD dated the 1^st July, 2004, ordered that “ the entry in Sl. No. 1 in notification No. 111/2002-Customs dated the 10^thOctober, 2002 relating to M/s Korea Kumho Petrochemical Co. Ltd shall remain deleted and all imports of acrylonitrile butadiene rubber into India from Korea RP and exported by M/s Korea Kumho Petrochemicals Co. Ltd shall be subjected to anti-dumping duty at the rate of US $ 106.16 per metric tonne”.  The designated authority had accepted the above order of the Tribunal and issued a corrigendum dated the 26^th October, 2004, vide No. 50/1/2001-DGAD to the aforesaid review findings, on the basis of which the Central Government amended its notification No. 111/2002- Customs dated the 10^th October, 2002 vide notification No. 61/2005- Customs dated the 5^th July, 2005 [G.S.R. 454 (E), dated the 5^th July, 2005], published in part II, section 3, sub-section (i) of the Gazette of India, Extraordinary, dated 5^th July, 2005.

            And whereas the designated authority in its mid-term review findings published in Part I, Section 1 of the Gazette of India, vide notification No. 15/2/2004-DGAD dated 6^th June, 2005 has concluded that-

(i)	NBR is entering the Indian market at dumped prices and dumping margins of NBR imported from Korea R P and Germany are substantial and above de minimis;
(ii)	the domestic industry continues to suffer marginal material injury on account of low per unit realization due to the price effect of dumped imports and erosion of its market share;
(iii)	injury to domestic industry is likely to continue or recur if the duties are revoked in respect of imports from the subject countries.

and  therefore, considered it necessary and recommended continuation of anti-dumping duty at new rates on imports of NBR from Korea R P and Germany.

And whereas the designated authority has amended its aforesaid mid-term review findings vide amendments No. 15/5/2004-DGAD dated 26^th July, 2005 and No. 15/5/2004-DGAD dated 8^th August, 2005, both published in Part I, Section 1 of the Gazette of India on 27^th July, 2005 and 8^th August, 2005 respectively.

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, and in supersession of the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 111/2002-Customs dated the 10^th October, [G.S.R 697(E), dated the 10^th October, 2002], except as respects things done or omitted to be done before such supersession, the Central Government, on the basis of the aforesaid mid-term review findings and amendments 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

2.         The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 9^th day of October, 2007 and shall be payable 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 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 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.354/27/2005-TRU]

Ajay
Under Secretary to the Government of India