High Styrene
Rubber from Poland and EU – Final Findings
Ntfn 06 Whereas
in the matter of import of
15.01.2002 all forms and grades of High Styrene
Butadiene Copolymer,
also called High Styrene Resin/Rubber (HSR), which includes SBR 1900 series
referring to High Styrene Resin Latex Master batch and HSBR, which refers to
High Styrene re-inforcement Polymer (hereinafter referred to as subject goods),
falling under sub-heading 3903.90 or sub-heading 4002.19 of the First Schedule
to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from,
Poland and the European Union, and imported into India, the designated
authority vide its preliminary findings, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 13th March, 2001, had come
to the conclusion that -
(a) the subject goods
in all forms originating in, or exported from, the subject countries have been
exported to India below their normal value;
(b) the domestic
industry has suffered material injury;
(c) the injury has
been caused to the domestic industry by dumping of the subject goods
originating in, or exported from, the subject countries;
and had
considered it necessary to impose anti-dumping duty, provisionally, pending
final determination, on all imports of the subject goods, originating in or
exported from Poland and the European Union;
AND
WHEREAS on the basis of the aforesaid findings of the designated authority, the
Central Government had imposed an anti-dumping duty on the subject goods vide
notification of the Government of India in the Ministry of Finance (Department
of Revenue), No. 39/2001-Customs, dated the 9th April, 2001, [G.S.R.
252 (E), dated the 9th April, 2001]
published in Part II, Section 3, Sub-section (i) of the Gazette of India,
Extraordinary, dated the 9th April, 2001;
AND
WHEREAS the designated authority vide its final findings, published in
the Gazette of India, Extraordinary, Part I, Section 1, dated the 18th December, 2001, has
come to the conclusion that -
(a) the subject goods
in all forms, originating in, or exported from, the subject countries have been
exported to India below its normal value;
(b) the domestic
industry has suffered material injury by way of depressed Net Sales Realization
(NSR) on account of price suppression caused by low landed prices of the dumped
subject goods from the subject countries leading to financial losses;
(c) the injury has
been caused to the domestic industry by dumping of the subject goods,
originating in, or exported from, the subject countries;
NOW, THEREFORE, in
exercise of the powers conferred by sub-section (1), read with sub-section (5),
of section 9A of the said Customs Tariff Act, and 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 final findings of the designated
authority, hereby imposes on the subject goods, specified in column (4) of the
Table annexed hereto and falling under sub-heading 3903.90 or sub-heading
4002.19 of the First Schedule to the said Customs Tariff Act, originating in,
or exported from, the country or territory specified in column (2) of the said
Table, when exported by exporter mentioned against the corresponding country or
territory in column (3) of the said Table, and imported into India, an
anti-dumping duty at the rate mentioned in the corresponding entries in column
(5) of the said Table.
|
Table |
||||
|
S No |
Name of the Country/ territory |
Name of the Exporter/ producer |
Subject Goods |
Amount of duty (US$
metric tonne) |
|
(1) |
(2) |
(3) |
(4) |
(5) |
|
1. |
Poland |
(a) M/s Firma Chemiczna
Dwory SA (b) All other exporters/ producers |
All grades including KER 1904, 1909, 9000
of High Styrene Resin /Rubber (HSR) covering SBR 1900 series referencing to
High Styrene Resin Latex Master Batch/High Styrene reinforcement Polymer,
excluding Polystyrene, Thermoplastic elastomer, Acrylonitrile-Butadiene
Styrene copolymers and Styrene acrylonitrile copolymers and SBR 1500 and 1700
Series. All grades including KER 1904, 1909, 9000
of High Styrene Resin/Rubber (HSR) covering SBR 1900 series referencing to
High Styrene Resin Latex Master Batch/High Styrene reinforcement Polymer
excluding Polystyrene, Thermoplastic elastomer, Acrylonitrile-Butadiene Styrene
copolymers and Styrene acrylonitrile
copolymers and SBR 1500 and 1700 Series. |
248.14 421.05 |
|
2. |
Territory of European Union |
(a) M/s Bayer International SA, Switzerland
International, France (b) All other exporters/ producers |
All grades including Krylene HS 260 of High
Styrene Resin/Rubber (HSR) covering SBR1900 series and M/s Bayer referencing
to High Styrene Resin Latex Master Batch / High Styrene re-inforcement
Polymer excluding Polystyrene, Thermoplastic elastomer, Acrylonitrile-Butadiene
Styrene copolymers and Styrene acrylonitrile copolymers and SBR 1500 and 1700
Series. All grades including
Krylene HS 260 of High Styrene Resin/Rubber (HSR) covering SBR 1900 series
referencing to High Styrene Resin Latex Master Batch/High Styrene re-inforcement
Polymer excluding Polystyrene, Thermoplastic elastomer,
Acrylonitrile-Butadiene Styrene copolymers and Styrene acrylonitrile
copolymers and SBR 1500 and 1700 Series. |
359.70 430.08 |
2. The anti-dumping duty
imposed under this notification shall be levied with effect from the date of
the imposition of the provisional duty, i.e. the 9th April, 2001,
and shall be paid in Indian currency.