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CUSTOMS NOTIFICATION No.126/2001 Dated 21 St December, 2001
Anti Dumping duty on acrylonitrile butadiene rubber (NBR)

WHEREAS the designated authority vide notification published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 24 th day of October, 2000, had initiated review in the matter of continuation of anti-dumping duty on acrylonitrile butadiene rubber (hereinafter referred to as NBR) originating in, or exported from, Japan, imposed vide notification No.68/99-Customs, dated the 26 th May, 1999 [G.S.R.391(E), dated the 26 th May, 1999] and had requested for suitable extension of anti-dumping duty, pending the results of the review investigations;

AND WHEREAS the Central Government had extended the anti-dumping duty imposed on acrylonitrile butadiene rubber originating in, or exported from, Japan vide notification No. 139/2000-Customs, dated the 9th November, 2000 [G.S.R. 856(E), dated the 9 th November, 2000] and notification No.46/2001-Customs, dated the 30 th April, 2001 [G.S.R. 308(E), dated the 30 th April, 2001], upto and inclusive of 13 th November, 2001;

AND WHEREAS the designated authority vide notification published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 12th November, 2001 has concluded that

(a) NBR originating in, or exported from, Japan has been exported to India below normal value resulting in dumping;
(b) the domestic industry is suffering injury;
(c) the injury may intensify if anti-dumping duty is removed;

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 designated authority, hereby imposes on acrylonitrile butadiene rubber, falling under sub-heading No.4002.59 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, Japan, 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.
 

2. The anti dumping duty shall be paid in Indian currency.

Explanation.- For the purpose 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) 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 xchange shall be the date of presentation of the bill of entry under section 46 of the said Customs Act.