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Customs Notification No-33/2006
dated 07.04.2006
Anti-dumping duty on acrylonitrile butadiene rubber (NBR) (sub-heading 400259)
Whereas the designated authority vide notification No. 15/1/DGAD/2004, dated
the 15th September 2004, published in Part I, Section 1 of the Gazette of India,
Extraordinary, dated the 15th September, 2004, had initiated review in the
matter of continuation of anti-dumping duty on imports of acrylonitrile
butadiene rubber (NBR) (hereinafter referred to as the subject goods), falling
under sub-heading 4002 59 of the First Schedule to the Customs Tariff Act, 1975
(51 of 1975) (hereinafter referred to as the said Customs Tariff Act),
originating in, or exported from, the Chinese Taipei, imposed vide notification
of the Government of India in the Ministry of Finance (Department of Revenue), No.
37/2000-Customs, dated the 6th April, 2000, G.S.R. 316(E), dated the 6th
April, 2000 and the period of said review investigation was extended for a
period of six months by the Central Government.
And whereas the designated authority in its review findings vide notification
No. 15/1/2004-DGAD, dated the 27th February, 2006, published in Part I, Section
1 of the Gazette of India, Extraordinary, dated the 28th February, 2006, has
concluded that :-
(i) the subject goods are continuing to enter the Indian market from Chinese
Taipei at dumped prices;
(ii) the domestic industry is suffering material injury due to the dumped
imports;
(iii) dumping of the subject goods from Chinese Taipei and injury to the
domestic industry is likely to continue if the duties are withdrawn;
and has recommended imposition of anti-dumping duty on all imports of the
subject goods originating in, or exported from, the Chinese Taipei.
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 rules 18 and 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, on the basis of the aforesaid review 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 sub-heading 4002 59 of the First
Schedule to the said Customs Tariff Act, the specification of which is specified
in the corresponding entry in column (4), originating in the countries as
specified in the corresponding entry in column (5), and produced by the
producers as specified in the corresponding entry in column (7), when exported
from the countries as specified in the corresponding entry in column (6), by the
exporters as specified in the corresponding entry in column (8), and imported
into India, an anti-dumping duty at the rate specified 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.
S. No. | Sub- heading | Description of goods | Specification | Country of origin | Country of export | Producer | Exporter | Duty Amount | Unit of mea-sure-ment | Currency |
(1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) |
1 | 4002 59 | Acrylonitrile Butadiene Rubber (NBR) | Nil | Chinese Taipei | Chinese Taipei | Any | Any | 187.90 | metric tonne | US Dollar |
2 | 4002 59 | -do- | Nil | Chinese Taipei | Any country other than Korea RP, Japan, the European Union, Brazil and Mexico | Any | Any | 187.90 | metric tonne | US Dollar |
3 | 4002 59 | -do- | Nil | Any country other than Korea RP, Japan, the European Union, Brazil and Mexico | Chinese Taipei | Any | Any | 187.90 | metric tonne | US Dollar |
2. The anti-dumping duty imposed under this notification 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 conferred by 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 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.354/19/2000-TRU (Pt.I)
(Sonal Bajaj)
Under Secretary to the Government of India