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Anti-Dumping Duty: Acrylonitrile Butadiene Rubber export originating from
Japan
WHEREAS the designated authority vide notification published in
Part I, Section 1 of the Gazette of India, Extraordinary, dated the 24th
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 26th May, 1999 [G.S.R.391(E), dated the
26th May, 1999] and had requested for suitable extension of
anti-dumping duty, pending the results of the review investigations;
AND WHEREAS the Central Government has 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 9th November, 2000] and notification
No.46/2001-Customs, dated the 30th April, 2001 [G.S.R. 308 (E), dated
the 30th April, 2001], upto and inclusive of 13th
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 of the 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.
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S. No.
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Country
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Name of Producer/ Exporter
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Amount (US$ / metric tonne)
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(1)
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(2)
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(3)
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(4)
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1.
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Japan
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All
producers/ exporters
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2088
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2. The anti dumping
duty 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 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 exchange shall be the date of
presentation of the bill of entry under section 46 of the said Customs Act.
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