Superseded - 074/2000 - Customs -Tariff

This Notification imposes Anti-Dumping duty on Acrylonitrile-Butadiene Rubber (N.B.R.) originating in, or exported from Germany or Korea RP. 22nd May. 2000 Notification No.74/2000-Customs WHEREAS in the matter of import acrylonitrile-butadiene rubber (herein after referred to as NBR), excluding latex, falling under sub-heading No.4002.59 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from Germany or Korea R.P., me designated authority vide its preliminary findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 30th December, 1996 had come to the conclusion that - (a) acrylonitrile-butadiene rubber, originating in, or exported from, Germany or Korea RP, has been exported to India below normal value; (b) the Indian industry has suffered material injury; (c) the injury has been caused cumulatively by the imports from the subject countries. AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an and dumping duty on the NBR vide notification of me Government of India in the Ministry of Finance (Department of Revenue ), No. 9/97- Customs, dated the 31st January, 1997 [G.S.R.47 (E), dated the 31st January, 1997], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 31" January, 1997. AND WHEREAS the designated authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 17th July, 1997 had come to the conclusion that - (a) acrylonitrile-butadiene rubber, originating in or exported from Germany or Korea R.P. has been exported to India below its normal value, resulting in dumping; (b) the domestic industry has suffered material injury; (c) the injury has been caused to the domestic industry by the exports originating in, or exported from Germany or Korea R.P. AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an aim dumping duty on the said NBR vide notification of the Government of India in the Ministry of Finance (Department of Revenue ), No. 62/97-Customs, dated the 30th July, 1997 [G.S.R.432 (E), dated the 30m July, 1997], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 30th July, 1997. AND WHEREAS the Customs, Excise and Gold (Control) Appellate Tribunal (hereinafter referred to as CEGAT), in its final order No. 22/2000-AD, dated the 2nd February, 2000, in Appeal No. C/330/97-AD [in the matter of M/s. Rishrioop Polymers Private Limited vs. Designated Authority (Anti-dumping)], has held that "antidumping duty should be imposed in terms of" dollar at the exchange rate prevalent at the time of investigation. But for this modification, the order passed by the Designated Authority is otherwise upheld". AND WHEREAS the designated authority has accepted the above order of CEGAT dated the 2nd February2000. NOW, therefore, in exercise of the powers conferred by subsection (1) of section 9A of the said Customs Tariff Act, read with rules 18 and 20 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. 62/97-Customs, dated the 30th July, 1997 [G.S.R.432 (E), dated the 30th July, 1997 publised in part II, Section 3, sub-section (i) of the Gazette of India, Extraordinary, dated the 30th July, 1997], except as respects things done or omitted to be done before such supersession, the Central Government hereby imposes on NBR, excluding latex, falling under sub-heading No. 4002.59 of the First Schedule to the said Customs Tariff Act, originating in or exported from, Germany or Korea R.P., when exported by the company or exporter mentioned in column (3) of the Table below and imported into India, an anti-dumping duty of an amount equivalent to the rate indicated in column (4) of the Table below. TABLE S.No. Country Name of the Producer or Exporter Amount (US $ per metric tonne) (1) (2) (3) (4) 1. Gemany Bayer AG, Germany 421 Others 421 2. Korea R.P. Korea Kumho Petrochemical Co. Ltd. 264 Others 264 Explanation .- For the purposes of this notification, the anti-dumping duty shall be paid in Indian currency. 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 said Customs Act 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. (Prashant Kumar Sinha) Under Secretary to the Government of India F.No. 354/46/20QQ-TRU (Pt. II)