Notification No. 92/2011, Dated 20th Sept, 2011

[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. 92/2011-Customs

New Delhi, dated the 20^th September, 2011

G.S.R.   (E). – Whereas, the designated authority vide notification No. 15/21/2010-DGAD, dated the 9^th August, 2010, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 9^th August, 2010, had initiated review, in terms of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) and in pursuance of rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (hereinafter referred to as the said rules), in the matter of continuation of anti-dumping duty on Rubber Chemical PX-13 (6PPD) (hereinafter referred to as the subject goods) falling under Chapters 29 and 38 of the First Schedule to the Customs Tariff Act 1975, (51 of 1975), originating in, or exported from, Korea RP  (hereinafter referred to as the subject country), imposed vide  notification of the Government of India in the  Ministry of Finance (Department of Revenue), No.133/2008-Customs, dated the 12^th December, 2008, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.853 (E), dated the 12^th December, 2008;

And whereas, in the matter of Mid-term review of anti-dumping on import of the subject goods, originating in, or exported from, the subject country, the designated authority vide its final findings No. 15/21/2010-DGAD dated the 5^th August, 2011, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 5^th August, 2011, had come to the conclusion that-

(i)         the subject goods were entering the Indian market from the subject country at dumped prices and dumping margins of the subject goods imported from the subject country was significant and above de-minimis. The subject goods continue to be exported to India at dumped prices in spite of existing anti dumping duties;

(ii)         though the situation of the domestic industry had improved due to existing anti-dumping duties, it is noted that price undercutting and price underselling were significant from the subject country. Hence, injury to the domestic industry is likely to recur in case the present anti-dumping duties are not modified.

 and had recommended continuation of anti-dumping duty, at modified rates, against  imports of the subject goods, originating in, or exported from, the subject country, so as to remove injury to the domestic industry;

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 said rules, the Central Government, after considering the aforesaid findings of the designated authority, hereby imposes on the subject goods, the description of which is specified in column (3) of the Table below, falling under sub-heading of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), originating in the country as specified in the corresponding entry in column (4),  and exported from the country as specified in the corresponding entry in column (5), and produced by the producer as specified in the corresponding entry in column (6), and exported by the exporter as specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty which shall be equal to the amount mentioned in the corresponding entry in column (8) in the currency as specified in the corresponding entry in column (10)  and  per unit of measurement as specified in the corresponding entry in column (9), of the said Table.

Table

2.         The anti-dumping duty imposed under this notification shall be effective from the date of publication of this notification in the Official Gazette and up to and inclusive of 4^th May, 2013 and will 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, in exercise of the powers conferred by 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.354/32/2008-TRU (Pt-I)]

(Sanjeev Kumar Singh)

Under Secretary to the Government of India.