EPDM from EU, USA, China and Brazil – Final Findings

Ntfn 75         Whereas in the matter of import
19.07.2006   of ethylene- propylene-non conjugated
                     diene rubber (EPDM) which hereinafter may be referred to as the subject goods, classified as tariff item 4002 70 00 in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the European Union, the United States of America, People’s Republic of China also known as China PR and Brazil (hereinafter referred to as the subject countries), the designated authority in its final findings vide notification No.14/18/2004-DGAD, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 16th June, 2006, has come to the conclusion that –

(i)  the subject goods have entered the Indian market from the subject countries at prices less than their normal values;

(ii) the domestic industry has suffered material injury and threat of injury exists; and

(iii)        the injury has been caused to the domestic industry, both by volume and price effect of dumped imports of the subject goods originating in or exported from the subject countries,

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

Now, therefore, in exercise of the powers conferred by sub-section (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, the Central Government, on the basis of 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, classified as tariff item in 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), 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 a rate which is equivalent to the difference between the reference price as 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 and the landed value of said imported goods in like currency per like unit of measurement;

Table

S No.

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 70 00

Ethylene- propylene- non-conjugated diene rubber (EPDM)

All grades

European Union

European Union

M/s DSM Elastomer Europe B.V.

M/s DSM Elastomer Asia, Singapore

2.47

Kg.

US$

2

4002 70 00

-do-

-do-

European Union

Any

Any other than above

Any

2.51

kg.

US$

3

4002 70 00

-do-

-do-

Any other than European Union

European Union

Any

Any

2.51

kg.

US$

4

4002 70 00

-do-

-do-

United States of America

Any

Any

Any

2.51

kg.

US$

5

4002 70 00

-do-

-do-

Any

United States of America

Any

Any

2.51

kg.

US$

6

4002 70 00

-do-

-do-

Brazil

Any

Any

Any

2.51

kg.

US$

7

4002 70 00

-do-

-do-

Any

Brazil

Any

Any

2.51

kg.

US$

8

4002 70 00

-do-

-do-

China PR

Any

Any

Any

2.51

kg.

US$

9

4002 70 00

-do-

-do-

Any

China PR

Any

Any

2.51

kg.

US$

2. The anti-dumping duty imposed under this notification shall be paid in Indian currency.

Explanation. - For the purposes of this notification,-

(a)   “landed value” means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act;

(b)   “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 under sub-clause (i) of clause (a) of sub-section (3) of section 14 of the said Customs Act; 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.