Maximum Landed Price of NBR Fixed from Korea, Germany in Review

Ntfn 111 WHEREAS the designated authority
10.10.2002 vide notification published in Part I,
Section 1 of the Gazette of India, Extraordinary, dated the 1^st day of October, 2001, had initiated review in the matter of continuation of final anti-dumping duty imposed on acrylonitrile butadiene rubber falling under Chapter 40 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), (hereinafter referred to as NBR) originating in, or exported from, Korea RP and Germany, vide notification No.91/2001-Customs, dated the 7^th September, 2001 [G.S.R. 649 (E), dated the 7^th September, 2001], on the basis of midterm review findings of the designated authority vide notification published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 20^th July, 2001 and had requested for suitable extension of anti-dumping duty, pending the results of the review investigations;

AND WHEREAS the Central Government has extended the anti-dumping duty imposed on NBR originating in, or exported from, Korea RP and Germany vide notification No. 91/2001-Customs, dated the 7^th September, 2001, as amended vide notification No.8/2002-Customs, dated the 18^th January, 2002 [G.S.R. 40 (E), dated the 18^th January, 2002] upto and inclusive of 30^th July, 2002; and notification No.71/2002-Customs, dated the 22^nd July, 2002 [G.S.R. 506 (E), dated 22^nd July, 2002], upto and inclusive of 30^th September, 2002;

AND WHEREAS the designated authority vide notification No.50/1/2001-DGAD, dated the 21^st September, 2002, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 21^th September, 2002 has concluded that –

(a) NBR originating in, or exported from, Korea RP and Germany have been exported to India below its normal value;

(b) various economic indicators and injury parameters in particular price undercutting by dumped imports imply that the cessation of anti-dumping duty on NBR from Korea RP and Germany will lead to continuance or recurrence of dumping and injury; and

(c ) has recommended for continuation of anti-dumping duty on NBR;

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 acrylonitrile butadiene rubber, falling under Chapter 40 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, Korea RP and Germany, and imported into India, an anti-dumping duty at the rate which is equivalent to the difference between the amount mentioned in column (4) of the Table below and the landed value of imports per metric tonne.

Table
SNo	Name of Country	Exporter/ Producer	Amount (US $ MT)
(1)	(2)	(3)	(4)
1	Korea RP	Hyundai Petrochemical Co. Ltd All other exporters/producers except Korea Kumho Petrochemical Co. Ltd (KKPC)	1908.28 1908.28
[S.No. 1 amended by 61/05.07.2005]
2	Germany	Bayer AG	2314.8
		All other exporters/producers	2314.8

Provided that, anti-dumping duty at the rate of US$ 106.16 per MT shall be imposed on all grades of acrylonitrile butadiene rubber, falling under Chapter 40 of the said Customs Tariff Act, exported by Korea Kumho Petrochemical Co. Ltd. (KKPC), and imported into India. [Inserted by 61/05.07.2005]

Explanation.- For the purposes of this notification,-

(a) “landed value” means the assessable value as determined under the Customs Act, 1962 ( 52 of 1962) and includes all duties of customs except duties levied under section 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act.

(b) The anti dumping duty shall be paid in Indian currency and 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 said Customs Act 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.