Anti-dumping Duty on NBR from Korea Slashed
to $85/MT from $362.75/MT in Review
[Customs
Notification No. 46 (ADD) dated 4th September 2015]
Whereas, the designated
authority, vide notification No. 15/29/2013-DGAD, dated the 31st December,
2013, published in the Gazette of India, Extraordinary, Part I, Section 1 dated
the 31st December, 2013, had initiated a review in the matter of
continuation of anti-dumping duty on 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, imposed vide notification of the Government of India in the Ministry
of Finance (Department of Revenue), No. 01/2009-Customs, dated the 2nd
January, 2009, published in the Gazette of India, Part II, Section 3,
Sub-section (i) vide number G.S.R. 5(E), dated the 2nd January,
2009, and had requested for extension of anti-dumping duty for an additional
period of one year from the date of its expiry, in terms of sub-section (5) of
section 9A of the said Customs Tariff Act, pending the completion of the
review;
And whereas the
Central Government had extended the anti-dumping duty imposed on NBR
originating in, or exported from, Korea RP vide notification No.
06/2014-Customs (ADD), dated the 23rd January, 2014, published in
the Gazette of India, Part II, Section 3, Sub-section (i) vide number G.S.R.
48(E), dated the 23rd January, 2014 upto
and inclusive of 1st January, 2015;
And whereas the
designated authority vide notification No. 15/29/2013-DGAD, dated the 30th June,
2015, published in Part I, Section 1 of the Gazette of India, Extraordinary,
dated the 30th June 2015 has concluded that –
a) there is continued
dumping of the product concerned from Korea RP, causing injury to the domestic
industry;
b) both price
undercutting and underselling are positive;
c) the financial performance of the Domestic Industry
has deteriorated; during the period of investigation, the domestic industry has
shown negative growth in terms of the economic parameters such as production,
domestic sales, capacity utilization, market share, profit, profitability,
return on capital employed; the dumped imports continue to cause injury to the
domestic industry.
d) dumping of the
product under consideration is likely to intensify from the subject country
should the current anti-dumping duty be withdrawn;
and has recommended
continuation of anti-dumping duty on imports of NBR originating in, or exported
from, Korea RP;
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
Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty
on Dumped Articles and for Determination of Injury) Rules, 1995, the Central
Government after considering the aforesaid 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 heading 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 the corresponding
entry in column (4), originating in the country specified in the corresponding
entry in column (5), exported from the country specified in the corresponding
entry in column (6), produced by the producer specified in the corresponding entry
in column (7), exported by the exporter specified in the corresponding entry in
column (8), and imported into India, an anti-dumping duty at the rate equal to
the amount indicated 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, namely:-
|
Table |
||||||||||
|
S. No. |
Heading |
Description of goods |
Specification |
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit of measurement |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
|
1. |
4002 |
Acrylo nitrile Butadiene Rubber
(NBR) |
Any |
Korea RP |
Korea RP |
M/s Kumho
Petrochemicals Co Ltd |
M/s Kumho
Petrochemicals Co Ltd |
57 |
MT |
US Dollar |
|
2. |
4002 |
Acrylo nitrile Butadiene Rubber
(NBR) |
Any |
Korea RP |
Korea RP |
M/s LG Chemicals Ltd (LG) |
M/s LG Chemicals Ltd (LG) |
61 |
MT |
US Dollar |
|
3. |
4002 |
Acrylo nitrile Butadiene Rubber
(NBR) |
Any |
Korea RP |
Korea RP |
Any other producer/exporter other than
combination of producer-exporter indicated at Sr. Nos. 1&2 above |
85 |
MT |
US Dollar |
|
|
4. |
4002 |
Acrylo nitrile Butadiene Rubber
(NBR) |
Any |
Korea RP |
Any Country other than Korea RP |
Any |
Any |
85 |
MT |
US Dollar |
|
5. |
4002 |
Acrylo nitrile Butadiene Rubber
(NBR) |
Any |
Any Country other than Korea RP |
Korea RP |
Any |
Any |
85 |
MT |
US Dollar |
2. The anti-dumping duty imposed under this
notification shall be effective for a period of five years (unless revoked,
amended or superseded earlier) from the date of publication of this
notification in the Gazette of India and shall 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, under 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/
179/2002-TRU] (Pt.-V)