Final Anti-dumping Duty on Rubber Chemicals from China

Ntfn 87 Whereas in the matter of import of
27.09.2005 Rubber Chemicals namely, MBT
(2-Mercapto Benzothiazole, also known in trade as “Accelerator M”), CBS (N-cyclohexyl-2-benzothiazole sulphenamide, also known in trade as “Accelerator CZ or Accelerator HBS”) and MBTS (Diben-zothiazole disulphide, also known in trade as “Accelerator DM”), falling under the heading or sub heading No.2925 21 00 or 2925 29, or 2934 20 or 3812 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of China, the designated authority in its final findings, vide notification No.14/9/2004 - DGAD dated the 6^th July, 2005, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 6^th July,2005, has come to the conclusion that -

(i) import of the subject goods (MBT, MBTS,CBS) from People’s Republic of China are entering the Indian market at dumped prices and the dumping margin in respect of the individual products are above de minimis level;

(ii) the dumped imports of MBT and CBS from People’s Republic of China were not found to be causing material injury to the domestic industry ; and

(iii) however, as far as MBTS is concerned, the dumped imports from People’s Republic of China have caused material injury to the domestic industry;

and has recommended the imposition of definitive anti-dumping duty equal to the margin of dumping or margin of injury, whichever is less, so as to remove the injury to the domestic industry;

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 goods, the description of which is specified in column (3) of the Table below, falling under heading or sub 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 given in column (4) of the said Table, originating in the country 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 duty amount 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.

2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of publication of this notification in the gazette of India; and be paid in Indian currency.

Explanation. - For the purposes of this notification,-

(a) “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, 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.

Table

S No.	Heading or 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.	3812, 2934 20, 2925 21 00 or 2925 29	Rubber Chemical (MBTS) Dibenzothiazole disulphide also known by trade name “Accelerator DM”.	NIL	China PR	Any	M/s Shandong Shanxian Chemicals Co. Ltd.	Any	0.402	KG	US$
2.	3812, 2934 20, 2925 21 00 or 2925 29	Rubber Chemical (MBTS) Dibenzothiazole disulphide also known by trade name “Accelerator DM”.	NIL	China PR	Any	Any (other than Shandong Shanxian Chemicals Co. Ltd.)	Any	0.464	KG	US$
3.	3812, 2934 20, 2925 21 00 or 2925 29	Rubber Chemical (MBTS) Dibenzothiazole disulphide also known by trade name “Accelerator DM”.	NIL	Any(other than China PR)	China PR	Any	Any	0.464	KG	US$