Whereas in the matter of import of Acrylonitrile-Butadiene Rubber (NBR) falling under sub-heading No.4002.59 of the First Schedule to the Customs Tariff Act, 1975(51 of 1975 and which is originating in or is exported from Germany or the Republic of Korea, the designated authority vide its preliminary findings, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 30th December, 1996, had come to the conclusion that-

(a)      acrylonitrile-butadiene rubber originating in or exported from Germany and the Republic of Korea has been exported to India below its normal value;

(b)      the domestic industry has suffered material injury;

(c)      the injury has been caused cumulatively by the imports from Germany and the Republic of Korea,

And whereas on the basis of the aforesaid findings of the designated authority, the Central Government has imposed anti- dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.9/97 Customs, dated the 31st January 1997 [G.S.R. 47 (E), dated the 31st January, 1997], published in Part II, Section -3, Sub-Section (1) of the Gazette of India, Extraordinary, dated the 31st January, 1997(hereinafter referred to as the provisional duty).

And whereas the designated authority vide its findings published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 17th July 1997, has arrived at the final finding that-

(a)      Acrylonitrile-Butadiene Rubber originating in or exported from Germany and the Republic of Korea has been exported to India below its normal value.

(b)      The domestic industry has suffered material injury

(c)      The injury has been caused to the domestic industry by the exports originating in or exported from Germany and the Republic of Korea.

Now therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the Customs Tariff Act, 1975 (51 of 1975), read with rules18 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 the said Acrylonitrile-Butadiene Rubber (NBR), originating in or exported from the country specified in column (2) of the Table below, and exported by the exporters specified in the corresponding entry in column (3) of the said Table, when imported into India, an anti-dumping duty at the rate specified in the corresponding entry in column (4) of the said table.

The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional duty.