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Customs Notification  No. 123/2002 dated 31.10.2002
Anti-dumping duty on Poly-Iso-Butylene
 

G.S.R.   (E).- WHEREAS in the matter of import of Poly-Iso-Butylene falling under sub-heading 3902.20 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, European Union, Brazil, Japan, People’s Republic of Korea, Singapore and Thailand, the designated authority in its preliminary findings vide notification No.47/1/2001-DGAD, dated the 12th December, 2001, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 12th December, 2001, had come to the conclusion that -

(a) Poly-Iso-Butylene originating in, or exported from, European Union, Brazil, Japan, People’s Republic of Korea, Singapore and Thailand , had been exported to India below normal value, resulting in dumping;

(b) the Indian industry had suffered material injury only from exports of Poly-Iso-Butylene from Brazil, Japan, People’s Republic of Korea and Singapore;

(c)  injury had been caused cumulatively by the imports from Brazil, Japan, People’s Republic of Korea and Singapore;

AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on Poly-Iso-Butylene vide notification of the Government of India in the erstwhile Ministry of Finance (Department of Revenue), No. 7/2002–Customs, dated the 16th January, 2002, [G.S.R. 32(E), dated the 16th January, 2002], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 16th January, 2002;

AND WHEREAS the designated authority, vide its final findings notification No.47/1/2001-DGAD, dated the 5th September, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 9th September, 2002 has come to the conclusion that -  

(a) Poly-Iso-Butylene originating in, or exported from, European Union, Brazil, Japan, People’s Republic of Korea, Singapore and Thailand, have been exported to India below normal value, resulting in dumping;

(b) the Indian industry has suffered material injury on account of price under-cutting, price suppression and significant increase in the volume of dumped imports of Poly-Iso-Butylene from Brazil, Japan, People’s Republic of Korea and Singapore;

(c)  the injury has been caused cumulatively by the dumped imports from Brazil, Japan, People’s Republic of Korea and Singapore;

and has recommended the imposition of definitive anti-dumping duty on all imports of  the said Poly-Iso-Butylene originating in, or exported from, Brazil, Japan, People’s Republic of Korea and Singapore; 

Now, therefore, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act, and 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 Central Government, on the basis of the aforesaid final findings of the designated authority, hereby imposes on all imports of Poly-Iso-Butylene, falling under sub-heading 3902.20 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the country specified in column (2) of the Table below, when exported by the exporter or producer specified in the corresponding entry in column (3) of the said Table, and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between the amount specified in the corresponding entry in column (4) of the said Table  and  the landed value, in US $ per metric Tonne, of such imported Poly-Iso-Butylene. 

TABLE

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, i.e. the 16th January, 2002, and shall be paid in Indian currency.  

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 sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act; and

(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 and Company Affairs (Department of Revenue), issued from time to time, in exercise of the powers conferred by sub-clause (i) of clause (a) of sub-section (3) of section 14 of the said Customs Act, 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.354/224/2001-TRU]

(Aman Kumar Singh)
Under Secretary to the Government of India