CUSTOMS NOTIFICATION No.91/2001 Dated 7^th September, 2001
Final Anti Dumping duty on acrylonitrile butadiene rubber 

WHEREAS in the matter of import of acrylonitrile butadiene rubber, excluding latex, falling under    sub-heading No. 4002.59 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from Germany or Korea R.P., the designated authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 17^th July, 1997 had come to the conclusion that –  

 AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central government had imposed an anti dumping duty on the said acrylonitrile butadiene rubber vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 62/97-Customs, dated the 30^th July, 1997 [G.S.R. 432 (E), dated the 30^th July,1997], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 30^th July, 1997; 

AND WHEREAS the Customs, Excise and Gold (Control) Appellate Tribunal (hereinafter referred to as the Tribunal), in its final order No. 22/2000-AD, dated the 2^nd February, 2000, in Appeal No. C/330/97-AD [in the matter of M/s. Rishiroop Polymers Private Limited vs. Designated Authority (Anti-dumping)], had held that anti dumping duty should be imposed in terms of dollar at the exchange rate prevalent at the time of investigation; but for this modification, the order passed by the designated authority was otherwise upheld; 

AND WHEREAS the designated authority had accepted the above order of the Tribunal dated the  2^nd February, 2000; 

AND WHEREAS on the basis of the aforesaid final order of the Tribunal, the Central Government had imposed an anti dumping duty on the said acrylonitrile butadiene rubber vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 74/2000-Customs, dated the 22^nd May, 2000 [G.S.R.478 (E), dated the     22^nd May, 2000], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 22^nd May, 2000; 

AND WHEREAS the designated authority vide its final findings in review, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 20^th July, 2001 has come to the conclusion that- 

 Now, therefore, in exercise of the powers conferred by sub-sections (1), (5) and (6) 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 all imports of acrylonitrile butadiene rubber in all its forms except  latex, falling under Chapter 40 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the countries mentioned in column (2) of the Table below, exported by the exporters mentioned in column (3) of the said Table and imported into India, an anti-dumping duty at the rate mentioned in the corresponding entry in column (4) of the said Table.

TABLE

 2. The anti dumping duty imposed under this notification shall be effective upto and inclusive of the    30^th day of January, 2002, unless the time limit is extended or the notification is revoked before such time, by notification published in the Official Gazette and shall be paid in Indian currency. 

Explanation.- For the purposes of this notification, rate of exchange applicable for the purposes of calculation of 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 Customs Act 1962 (52 of 1962) 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.