Rubber Chemicals from China and Korea – Final Findings

Anti-dumping Duty Levied from 5 May 2008 in Indian Currency

Ntfn 133       Whereas in the matter of
12.12.2008   imports of certain rubber
(DoR)           chemicals, namely, MBT
                     (having chemical description 2

Mercapto Benzothiazole), CBS (having chemical description N-Cyclohexyl-2-Benzothiazole Sulphenamide), TDQ (having chemical description Polymerized 2,2,4 – Trimethyl-1,2- dihydroquinoline), PVI [having chemical description N-(Cyclohexylthio) Pthalimide], TMT (having chemical description as Tetramethylthiuram Disulfude) and PX-13 (6PPD) [having chemical description N-(1,3-dimethyl butyl)-N Phenyl P-1] (hereinafter referred to as the subject goods), falling under Chapter 29 or 38 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from the People’s Republic of China and Korea RP (hereinafter referred to as the subject countries) and imported into India, the designated authority in its preliminary findings vide notification No.14/5/2007-DGAD dated the 28th February, 2008 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 28th February, 2008, had come to the conclusion that –

(a)     the subject goods had been exported to India from the subject countries below its normal value;

(b)     the domestic industry had suffered material injury; and

(c)     the injury had been caused by the dumped imports from subject countries;

and had recommended imposition of provisional anti-dumping duty on the imports of subject goods, originating in, or exported from, the subject countries;

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed provisional anti-dumping duty on the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 61/2008-Customs, dated 5th May, 2008, published in the Gazette of India Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 337(E), dated the 5th May, 2008;

And whereas, the designated authority in its final findings vide notification No. 14/5/2007-DGAD dated the 1st October, 2008, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 1st October, 2008, had come to the conclusion that-

(a)     imports originating in the subject country are taking place at dumped prices and the same had caused material injury to the domestic industry;

(b)     subject goods exported from the subject countries were at prices below their normal values, non injurious price of the domestic industry and the net sales realization of the subject goods of the applicants, and had caused injury to the domestic industry;

(c)     decline in market share of domestic industry as a consequence of increase in market share of subject imports from the subject country prevented the domestic industry from increasing their sales commensurate to growth in demand;

(d)    significant price-undercutting and substantial increase in the volume of dumped imports adversely affected the performance of the domestic industry in terms of profits, cash flow, and return on investment; and

(e)     significant increase in volume of dumped imports from the subject country (both in absolute terms as well as in relation to the share in demand) had resulted in significant decline in market share of the domestic industry;

and had recommended the imposition of definitive anti-dumping duty on imports of the subject goods originating in or exported from the subject country;

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 20 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the , 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, 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 column (4) of the said Table, originating in the country specified in the corresponding entry in column (5), and exported from the country specified in the corresponding entry in column (6) and produced by the producer specified in the corresponding entry in column (7) and 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.

Table

S. No

Heading

Description

Specification

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

2902, 2907, 2909, 2917, 2921, 2925, 2930, 2933, 2934, 2935, 2942, 3811, 3812, or3815

Rubber Chemical PX-13

N-(1,3-dimethyl butyl)-N’ Phenyl- p-phenylenediamine or 6C, or Pilflex 13, Sirantox 4020, antioxidant 4020, kumhonax 13, vulcanox 4020

People’s Republic of China

People’s Republic of China

Sinorgchem (Group) Co

Sinorgchem (Group) Co

42.70

Per kilogram

Rupees

2

-do-

Rubber Chemical PX-13

-do-

People’s Republic of China

Any

Any other than above

Any other than above

60.59

Per kilogram

Rupees

3

-do-

Rubber Chemical PX-13

-do-

Any other than Korea RP

People’s Republic of China

Any other than above

Any other than above

60.59

Per kilogram

Rupees

4

-do-

Rubber Chemical PX-13

-do-

Korea RP

Korea RP

Korea Kumho Petrochemicals Co.Ltd

Korea Kumho Petrochemicals Co.Ltd

10.35

Per kilogram

Rupees

5

-do-

Rubber Chemical PX-13

-do-

Korea RP

Any

Any other than above

Any other than above

11.31

Per kilogram

Rupees

6

-do-

Rubber Chemical PX-13

-do-

Any other than People’s Republic of China

Korea RP

Any other than above

Any other than above

11.31

Per kilogram

Rupees

7

-do-

Rubber Chemical MBT

2-Mercapto Benzothiazole, or Accelerator M, Accelerator MBT

People’s Republic of China

People’s Republic of China

Shandong Shanxian Chemical Co. Ltd.

Shandong Shanxian Chemical Co. Ltd.

24.96

Per kilogram

Rupees

8

-do-

Rubber Chemical MBT

-do-

People’s Republic of China

Any

Any other than above

Any other than above

26.06

Per kilogram

Rupees

9

-do-

Rubber Chemical MBT

-do-

Any

People’s Republic of China

Any other than above

Any other than above

26.06

Per kilogram

Rupees

10

-do-

Rubber Chemical TDQ

Polymerised 2,2,4- Trimethyl-1,2- dihydroquinoline, or TDQ or Antioxidant RD

People’s Republic of China

Any

Any

Any

18.22

Per kilogram

Rupees

11

-do-

Rubber Chemical TDQ

-do-

Any

People’s Republic of China

Any

Any

18.22

Per kilogram

Rupees

12

-do-

Rubber Chemical TMT

Tetramethylthiuram Disulfude, or Accelerator TMTD, Thiuram C

People’s Republic of China

People’s Republic of China

Shandong Shanxian Chemical Co. Ltd.

Shandong Shanxian Chemical Co. Ltd.

24.13

Per kilogram

Rupees

13

-do-

Rubber Chemical TMT

-do-

People’s Republic of China

Any

Any other than above

Any other than above

28.86

Per kilogram

Rupees

14

-do-

Rubber Chemical TMT

-do-

Any

People’s Republic of China

Any other than above

Any other than above

28.86

Per kilogram

Rupees

15

-do-

Rubber Chemical CBS

N-cyclohexyl-2- benzothiazole sulphenamide or Accelerator CZ, Accelerator HBS, CBS

People’s Republic of China

People’s Republic of China

Shandong Shanxian Chemical Co. Ltd.

Shandong Shanxian Chemical Co. Ltd.

36.21

Per kilogram

Rupees

16

-do-

Rubber Chemical CBS

-do-

People’s Republic of China

Any

Any other than above

Any other than above

40.10

Per kilogram

Rupees

17

-do-

Rubber Chemical CBS

-do-

Any

People’s Republic of China

Any other than above

Any other than above

40.10

Per kilogram

Rupees

18

-do-

Rubber Chemical PVI

N-(Cyclohexylthio) pthalimide, or Anti Scorch Agent CTP, PVI

People’s Republic of China

People’s Republic of China

Shandong Shanxian Chemical Co. Ltd.

Shandong Shanxian Chemical Co. Ltd.

13.05

Per kilogram

Rupees

19

-do-

Rubber Chemical PVI

-do-

People’s Republic of China

People’s Republic of China

Shandong Yanggu Huatai Chemicals Co. Ltd.

Shandong Yanggu Huatai Chemicals Co. Ltd.

20.91

Per kilogram

Rupees

20

-do-

Rubber Chemical PVI

-do-

People’s Republic of China

Any

Any other than above

Any other than above

27.91

Per kilogram

Rupees

21

-do-

Rubber Chemical PVI

-do-

Any

People’s Republic of China

Any other than above

Any other than above

27.91

Per kilogram

Rupees

 

2.    The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, that is, the 5th May, 2008, and shall be payable 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.354/166/2007 –TRU]