Rubber Chemicals from China and Korea – Final Findings
Anti-dumping Duty Levied
from 5 May 2008 in Indian Currency
Ntfn 133 Whereas in the matter of
12.12.2008 imports of certain rubber
(DoR) chemicals,
namely, MBT
(having chemical
description 2
Mercapto Benzothiazole), CBS (having chemical description N-Cyclohexyl-2-Benzothiazole Sulphenamide), TDQ (having chemical description Polymerized 2,2,4 – Trimethyl-1,2- dihydroquinoline), PVI [having chemical description N-(Cyclohexylthio) Pthalimide], TMT (having chemical description as Tetramethylthiuram Disulfude) and PX-13 (6PPD) [having chemical description N-(1,3-dimethyl butyl)-N Phenyl P-1] (hereinafter referred to as the subject goods), falling under Chapter 29 or 38 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from the People’s Republic of China and Korea RP (hereinafter referred to as the subject countries) and imported into India, the designated authority in its preliminary findings vide notification No.14/5/2007-DGAD dated the 28th February, 2008 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 28th February, 2008, had come to the conclusion that –
(a) the subject goods
had been exported to India from the subject countries below its normal value;
(b) the domestic
industry had suffered material injury; and
(c) the injury had
been caused by the dumped imports from subject countries;
and had recommended imposition of provisional
anti-dumping duty on the imports of 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 provisional anti-dumping duty on the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 61/2008-Customs, dated 5th May, 2008, published in the Gazette of India Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 337(E), dated the 5th May, 2008;
And whereas, the designated authority in its final findings vide notification No. 14/5/2007-DGAD dated the 1st October, 2008, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 1st October, 2008, had come to the conclusion that-
(a) imports
originating in the subject country are taking place at dumped prices and the
same had caused material injury to the domestic industry;
(b) subject goods exported from the subject
countries were at prices below their normal values, non injurious price of the
domestic industry and the net sales realization of the subject goods of the
applicants, and had caused injury to the domestic industry;
(c) decline in market
share of domestic industry as a consequence of increase in market share of
subject imports from the subject country prevented the domestic industry from
increasing their sales commensurate to growth in demand;
(d) significant price-undercutting and
substantial increase in the volume of dumped imports adversely affected the
performance of the domestic industry in terms of profits, cash flow, and return
on investment; and
(e) significant
increase in volume of dumped imports from the subject country (both in absolute
terms as well as in relation to the share in demand) had resulted in
significant decline in market share of the domestic industry;
and had recommended the imposition of definitive
anti-dumping duty on imports of the subject goods originating in or exported
from the subject country;
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, the , the Central Government, on the basis of 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 column (4) of the said Table, originating in the country specified in the corresponding entry in column (5), and exported from the country specified in the corresponding entry in column (6) and 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 |
Specification |
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 |
2902,
2907, 2909, 2917, 2921, 2925, 2930, 2933, 2934, 2935, 2942, 3811, 3812,
or3815 |
Rubber
Chemical PX-13 |
N-(1,3-dimethyl
butyl)-N’ Phenyl- p-phenylenediamine or 6C, or Pilflex 13, Sirantox 4020,
antioxidant 4020, kumhonax 13, vulcanox
4020 |
People’s
Republic of China |
People’s
Republic of China |
Sinorgchem
(Group) Co |
Sinorgchem
(Group) Co |
42.70 |
Per
kilogram |
Rupees |
|
2 |
-do-
|
Rubber
Chemical PX-13 |
-do- |
People’s
Republic of China |
Any |
Any
other than above |
Any other
than above |
60.59 |
Per
kilogram |
Rupees |
|
3 |
-do-
|
Rubber
Chemical PX-13 |
-do- |
Any
other than Korea RP |
People’s
Republic of China |
Any
other than above |
Any
other than above |
60.59 |
Per
kilogram |
Rupees |
|
4 |
-do-
|
Rubber
Chemical PX-13 |
-do- |
Korea
RP |
Korea
RP |
Korea
Kumho Petrochemicals Co.Ltd |
Korea
Kumho Petrochemicals Co.Ltd |
10.35 |
Per
kilogram |
Rupees |
|
5 |
-do-
|
Rubber
Chemical PX-13 |
-do- |
Korea
RP |
Any |
Any
other than above |
Any
other than above |
11.31 |
Per
kilogram |
Rupees |
|
6 |
-do-
|
Rubber
Chemical PX-13 |
-do- |
Any
other than People’s Republic of China |
Korea
RP |
Any
other than above |
Any
other than above |
11.31 |
Per
kilogram |
Rupees |
|
7 |
-do-
|
Rubber
Chemical MBT |
2-Mercapto
Benzothiazole, or Accelerator M, Accelerator MBT |
People’s
Republic of China |
People’s
Republic of China |
Shandong
Shanxian Chemical Co. Ltd. |
Shandong
Shanxian Chemical Co. Ltd. |
24.96 |
Per
kilogram |
Rupees |
|
8 |
-do-
|
Rubber
Chemical MBT |
-do- |
People’s
Republic of China |
Any |
Any
other than above |
Any
other than above |
26.06 |
Per
kilogram |
Rupees |
|
9 |
-do-
|
Rubber
Chemical MBT |
-do- |
Any |
People’s
Republic of China |
Any
other than above |
Any
other than above |
26.06 |
Per
kilogram |
Rupees |
|
10 |
-do-
|
Rubber
Chemical TDQ |
Polymerised
2,2,4- Trimethyl-1,2- dihydroquinoline, or TDQ or
Antioxidant RD |
People’s
Republic of China |
Any |
Any |
Any |
18.22 |
Per
kilogram |
Rupees |
|
11 |
-do-
|
Rubber
Chemical TDQ |
-do- |
Any |
People’s
Republic of China |
Any |
Any |
18.22 |
Per
kilogram |
Rupees |
|
12 |
-do-
|
Rubber
Chemical TMT |
Tetramethylthiuram Disulfude, or Accelerator
TMTD, Thiuram C |
People’s
Republic of China |
People’s
Republic of China |
Shandong
Shanxian Chemical Co. Ltd. |
Shandong
Shanxian Chemical Co. Ltd. |
24.13 |
Per
kilogram |
Rupees |
|
13 |
-do-
|
Rubber
Chemical TMT |
-do- |
People’s
Republic of China |
Any |
Any
other than above |
Any
other than above |
28.86 |
Per
kilogram |
Rupees |
|
14 |
-do-
|
Rubber
Chemical TMT |
-do- |
Any |
People’s
Republic of China |
Any
other than above |
Any
other than above |
28.86 |
Per
kilogram |
Rupees |
|
15 |
-do-
|
Rubber
Chemical CBS |
N-cyclohexyl-2-
benzothiazole sulphenamide
or Accelerator CZ, Accelerator HBS, CBS |
People’s
Republic of China |
People’s
Republic of China |
Shandong
Shanxian Chemical Co. Ltd. |
Shandong
Shanxian Chemical Co. Ltd. |
36.21 |
Per
kilogram |
Rupees |
|
16 |
-do-
|
Rubber
Chemical CBS |
-do- |
People’s
Republic of China |
Any |
Any
other than above |
Any
other than above |
40.10 |
Per
kilogram |
Rupees |
|
17 |
-do-
|
Rubber
Chemical CBS |
-do- |
Any |
People’s
Republic of China |
Any
other than above |
Any other
than above |
40.10 |
Per
kilogram |
Rupees |
|
18 |
-do-
|
Rubber
Chemical PVI |
N-(Cyclohexylthio) pthalimide, or
Anti Scorch Agent CTP, PVI |
People’s
Republic of China |
People’s
Republic of China |
Shandong
Shanxian Chemical Co. Ltd. |
Shandong
Shanxian Chemical Co. Ltd. |
13.05 |
Per
kilogram |
Rupees |
|
19 |
-do-
|
Rubber
Chemical PVI |
-do- |
People’s
Republic of China |
People’s
Republic of China |
Shandong
Yanggu Huatai Chemicals
Co. Ltd. |
Shandong
Yanggu Huatai Chemicals
Co. Ltd. |
20.91 |
Per
kilogram |
Rupees |
|
20 |
-do-
|
Rubber
Chemical PVI |
-do- |
People’s
Republic of China |
Any |
Any
other than above |
Any
other than above |
27.91 |
Per
kilogram |
Rupees |
|
21 |
-do-
|
Rubber
Chemical PVI |
-do- |
Any |
People’s
Republic of China |
Any
other than above |
Any
other than above |
27.91 |
Per
kilogram |
Rupees |
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, that is, the 5th May, 2008, 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 by 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.
[F.No.354/166/2007 –TRU]