Another Five Years of Anti-dumping Duty on NBR from Korea, Germany Dropped

Ntfn 01 Whereas, the designated authority had

02.01.2009 initiated a sunset review in the matter of

continuation of final 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 and Germany, imposed vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 111/2002-Customs, dated the 10th October, 2002, published in the Gazette of India, part II, Section 3, Sub-Section (i) vide number G.S.R. 697(E), dated the 10th October, 2002] which was superseded vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 78/2005-Customs, dated the 1st September, 2005, published in the Gazette of India, part II, Section 3, Sub-Section (i) vide number G.S.R. 554(E), dated the 1st September, 2005, 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 and Germany vide notification No. 109/2007-Customs, dated the 9th October, 2007, published in the Gazette of India, part II, Section 3, Sub-Section (i) vide number G.S.R. 651(E), dated the 9th October, 2007 upto and inclusive of 8th October, 2008;

And whereas the designated authority vide notification No. 15/6/2007-DGAD, dated the 4th October 2008, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 6th October 2008 has concluded that –

a) there is no reason for continuation of existing anti dumping measures on exports of NBR from Germany into India;

b) there is a strong likelihood of exports of NBR from Korea RP into India continuing at dumped prices leading to consequential injury to the domestic industry and injury to domestic industry is likely to continue or recur if the duties are either revoked or reduced in respect of imports from Korea; and

c) the domestic industry continues to suffer material injury on account of low per unit realization due to the price effect of dumped imports and erosion of its market share;

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 said Customs Tariff Act, read with rule 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) 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 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	Acrylonitrile Butadiene Rubber (NBR)	Any	Korea RP	Korea RP	M/s Korea Kumho Petrochemicals Co Ltd (KKPC)	M/s Korea Kumho Petrochemicals Co Ltd (KKPC)	38.73	MT	US Dollar
2.	4002	Acrylonitrile Butadiene Rubber (NBR)	Any	Korea RP	Korea RP	M/s LG Chemicals Ltd (LG)	M/s LG Chemicals Ltd (LG)	38.73	MT	US Dollar
3.	4002	Acrylonitrile 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		362.75	MT	US Dollar
4.	4002	Acrylonitrile Butadiene Rubber (NBR)	Any	Korea RP	Any	Any	Any	362.75	MT	US Dollar
5.	4002	Acrylonitrile Butadiene Rubber (NBR)	Any	Any	Korea RP	Any	Any	362.75	MT	US Dollar

2. This notification shall be effective for a period of five years (unless revoked, superseded or amended earlier) and the anti-dumping duty 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 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 (Part IV)