NBR from EU, Brazil and Mexico - Final Findings Shifts to Specific Duty from Landed Value

The Current notification 100-customs dated 29 November 2005 supersedes previous notification 53-Customs dated 07 June 2005.

Ntfn 100 Whereas in the matter of import of
29.11.2005 acrylonitrile butadiene rubber (NBR)
in bale form [excluding powder and carboxylated NBR] (hereinafter referred to as the subject goods), classified under heading 4002 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the European Union (excluding Germany), Brazil and Mexico (hereinafter referred to as the subject countries), the designated authority vide its preliminary findings No.14/32/2003-DGAD, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 30^th March, 2005 had come to the conclusion that-

(a) the dumping margins of the subject goods imported from the subject countries are substantial and above de-minimis levels;

(b) the domestic industry suffers material injury in terms of loss of market share, low capacity utilization and profitability; and

(c) 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 had recommended imposition of provisional anti-dumping duties, pending final determination, on all imports of the 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 anti-dumping duty on imports of acrylonitrile butadiene rubber (NBR) in bale form [excluding powder and carboxylated NBR], classified under heading 4002 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from the subject countries, vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 53/2005-Customs dated the 7^th June, 2005 [G.S.R. 372(E) dated the 7^th June, 2005] published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 7^th June, 2005.

And whereas the designated authority vide its final findings No.14/32/2003-DGAD, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 5^th October, 2005, read with amendment dated the 31^st October, 2005, has come to the conclusion that-

(i) the imports of the subject goods from the subject countries have entered Indian market at less than its normal value in the subject countries;

(ii) the domestic industry has suffered material injury;

(iii) injury has been caused to the domestic industry cumulatively by volume and price effect of dumped imports of the subject goods from the subject countries;

and has recommended imposition of definitive anti-dumping duty on imports of acrylonitrile butadiene rubber (NBR) in bale form [excluding powder and carboxylated NBR], classified under heading 4002 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from the subject countries.

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, and in supersession of the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 53/2005-Customs dated the 7^th June, 2005 [G.S.R. 372(E) dated the 7^th June, 2005], the Central Government, on the basis of the aforesaid final findings of the designated authority dated the 5^th October, 2005, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, falling under heading 4002 of the First Schedule to the said Customs Tariff Act, 1975 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 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 the rate 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.

Table

SNo	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	Acrylonitrile Butadiene Rubber (NBR) [excluding powder and carboxylated NBR]	In Bale form	Brazil	Any	M/s Petroflex, Brazil	M/s Petroflex, Brazil	195.08	Metric tonne	US $
2.	4002	-do-	In Bale form	Brazil	Any	M/s Nitriflex, Brazil	M/s Nitriflex, Brazil	274.51	Metric tonne	US$
3.	4002	-do-	In Bale form	Brazil	Brazil	Any other than above	Any	306.55	Metric tonne	US $
4.	4002	-do-	In Bale form	Brazil	Any	Any other than above	Any	306.55	Metric tonne	US $
5.	4002	-do-	In Bale form	Any other than Brazil	Brazil	Any	Any	306.55	Metric tonne	US $
6.	4002	-do-	In Bale form	European Union except Germany	European Union except Germany	Any	Any	223.19	Metric tonne	US $
7.	4002	-do-	In Bale form	European Union except Germany	Any other than Brazil and Mexico	Any	Any	223.19	Metric tonne	US $
8.	4002	-do-	In Bale form	Any other than Brazil and Mexico	European Union except Germany	Any	Any	223.19	Metric tonne	US $
9.	4002	-do-	In Bale form	Mexico	Mexico	Any	Any	304.37	Metric tonne	US$
10.	4002	-do-	In Bale form	Mexico	Any excluding Brazil	Any	Any	304.37	Metric tonne	US$
11.	4002	-do-	In Bale form	Any excluding Brazil	Mexico	Any	Any	304.37	Metric tonne	US$

2. The anti-dumping duty imposed under this notification shall be levied from the date of imposition of the provisional anti-dumping duty on the subject goods, i.e. the 7^th June, 2005 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 under sub-clause (i) of clause (a) of sub-section (3) of 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.