Anti-dumping NBR from Taiwan - Review Notification

Ntfn 33         Whereas the designated authority
07.04.2006   vide notification No. 15/1DGAD/
                     2004, dated the 15th September, 2004, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 15th September, 2004, had initiated review in the matter of continuation of anti-dumping duty on imports of acrylonitrile butadiene rubber (NBR) (hereinafter referred to as the subject goods), falling under sub-heading 4002 59 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the said Customs Tariff Act), originating in, or exported from, the Chinese Taipei, imposed vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 37/2000-Customs, dated the 6th April, 2000, G.S.R. 316 (E), dated the 6th April, 2000 and the period of said review investigation was extended for a period of six months by the Central Government.

And whereas the designated authority in its review findings vide notification No. 15/1/2004-DGAD, dated the 27th February, 2006, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 28th February, 2006, has concluded that:-

(i) the subject goods are continuing to enter the Indian market from Chinese Taipei at dumped prices;

(ii) the domestic industry is suffering material injury due to the dumped imports;

(iii) dumping of the subject goods from Chinese Taipei and injury to the domestic industry is likely to continue if the duties are withdrawn;

and has recommended imposition of anti-dumping duty on all imports of the subject goods originating in, or exported from, the Chinese Taipei.

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 rules 18 and 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, on the basis of the aforesaid review 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 sub-heading 4002 59 of the First Schedule to the said Customs Tariff Act, the specification of which is specified in the corresponding entry in column (4), 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

SNo.

Sub- heading

Description of goods

Specifi-cation

Country of origin

Country of export

Producer

Exporter

Duty amount

Unit of measure-ment

Currency

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

1

4002 59

Acrylonitrile Butadiene Rubber (NBR)

Nil

Chinese Taipei

Chinese Taipei

Any

Any

187.90

metric tonne

US Dollar

2

4002 59

-do-

Nil

Chinese Taipei

Any country other than Korea RP, Japan, the European Union, Brazil and Mexico

Any

Any

187.90

metric tonne

US Dollar

3

4002 59

-do-

Nil

Any country other than Korea RP, Japan, the European Union, Brazil and Mexico

Chinese Taipei

Any

Any

187.90

metric tonne

US Dollar

2. The anti-dumping duty imposed under this notification 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 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.