Anti Dumping Duty: Ethylene Propylene Diene Rubber (EPDM) export
originating from Korea RP
WHEREAS in the matter of import of Ethylene
Propylene Diene Rubber (EPDM), falling under Chapter 40 of the First Schedule to
the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from
Korea RP, the Designated Authority vide its preliminary findings, published in
the Gazette of India, Extraordinary, Part I, Section 1, dated the 23rd March,
2000 had come to the conclusion that -
(i)
Ethylene Propylene Diene Rubber originating in or exported from Korea RP
has been exported to India below normal value, resulting in dumping,
(ii)
the Indian industry has suffered material injury;
(iii)
the injury has been caused by the imports from the subject country;
and has considered it necessary to impose
anti dumping duty, provisionally, pending final determination of all imports of
Ethylene Propylene Diene Rubber (EPDM), originating in or exported from the
subject country.
AND WHEREAS on the basis of the aforesaid
findings of the Designated Authority, the Central Government had imposed an
anti-dumping duty vide notification of the Government of India in the Ministry
of Finance (Department of Revenue), No. 70/2000-Customs, dated the 9th May,
2000, published in Part II, Section 3, Sub-section (i) of the Gazette of India,
Extraordinary, vide No. G.S.R. 467(E) dated the 19th May 2000;
AND WHEREAS the Designated Authority vide its
final findings, dated the 21st August, 2000, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 21st August, 2000, has come to the
conclusion that -
(i)
EPDM originating in or exported from Korea RP has been exported to India
below normal value;
(ii) the
Indian industry has suffered material injury;
(iii) the
injury has been caused by the domestic industry by dumping of the subject goods
originating in or exported from Korea RP.
Now, therefore, in exercise of the powers
conferred by sub-section (1) of section 9A of the Customs Tariff Act, read with
sub-section (5) of the said section 9A 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 Ethylene Propylene Diene Rubber (EPDM), falling under sub-heading No.
4002.70 of the First Schedule to the said Customs Tariff Act, originating in or
exported from Korea RP when exported by the exporter mentioned in the column (2)
of the Table annexed hereto, and imported into India, and anti-dumping duty at
the rate equivalent to the difference between amount specified in corresponding entry in
column (3) of the said Table and the landed value of such imported Ethylene
Propylene Diene Rubber (EPDM) per metric tonne.
S. No.
|
Name of
the exporter/ producer
|
Amount (US$ / MT)
|
(1)
|
(2)
|
(3)
|
1.
|
M/s. Kumho Polychem Co. Ltd. (KPC), Korea RP
|
2445
|
2.
|
Any other exporter of Korea RP
|
2461
|
3.
|
M/s. Exxon Chemical International Services Ltd. (ECIS), Hong Kong
|
2433
|
2. The anti-dumping duty imposed under this
notification shall be levied with effect from the date of the imposition of the
provisional duty i.e. the 19th May 2000; and 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 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.
|