Anti-Dumping Duty: High Styrene Butadiene Copolymer export originating
from Poland and the European Union
Whereas
in the matter of import of all forms and grades of High Styrene Butadiene
Copolymer, also called High Styrene Resin/Rubber (HSR), which includes SBR
1900 series referring to High Styrene Resin Latex Master batch and HSBR, which
refers to High Styrene re-inforcement Polymer (hereinafter referred to as
subject goods), falling under sub-heading 3903.90 or sub-heading 4002.19 of the
First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or
exported from, Poland and the European Union, and imported into India, the
designated authority vide its preliminary findings, published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 13th
March, 2001, had come to the conclusion that -
(a) the
subject goods in all forms originating in, or exported from, the subject
countries have been exported to India below their normal value;
(b) the
domestic industry has suffered material injury;
(c) the
injury has been caused to the domestic industry by dumping of the subject goods
originating in, or exported from, the subject countries;
and
had considered it necessary to impose anti-dumping duty, provisionally, pending
final determination, on all imports of the subject goods, originating in or
exported from Poland and the European Union;
AND
WHEREAS on the basis of the aforesaid findings of the designated authority, the
Central Government had imposed an anti-dumping duty on the subject goods vide
notification of the Government of India in the Ministry of Finance (Department
of Revenue), No. 39/2001-Customs, dated the 9th April, 2001, [G.S.R.
252 (E), dated the 9th April, 2001] published in Part II, Section 3,
Sub-section (i) of the Gazette of India, Extraordinary, dated the 9th
April, 2001;
AND
WHEREAS the designated authority vide its final findings, published in
the Gazette of India, Extraordinary, Part I, Section 1, dated the 18th
December, 2001, has come to the conclusion that -
(a) the
subject goods in all forms, originating in, or exported from, the subject
countries have been exported to India below its normal value;
(b) the
domestic industry has suffered material injury by way of depressed Net Sales
Realization (NSR) on account of price suppression caused by low landed prices of
the dumped subject goods from the subject countries leading to financial losses;
(c) the
injury has been caused to the domestic industry by dumping of the subject goods,
originating in, or exported from, the subject countries;
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 the subject goods, specified in
column (4) of the Table annexed hereto and falling under sub-heading 3903.90 or
sub-heading 4002.19 of the First Schedule to the said Customs Tariff Act,
originating in, or exported from, the country or territory specified in column
(2) of the said Table, when exported by exporter mentioned against the
corresponding country or territory in column (3) of the said Table, and imported
into India, an anti-dumping duty at the rate mentioned in the corresponding
entries in column (5) of the said Table.
S. No.
|
Name of the
Country / territory
|
Name of the
Exporter/ producer
|
Subject goods
|
Amount of duty
(US$ / Metric Tonne)
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
1.
|
Poland
|
(a) M/s Firma
Chemiczna Dwory SA
|
All grades
including KER 1904, 1909, 9000 of High Styrene Resin/ Rubber (HSR) covering SBR
1900 series referencing to High Styrene Resin Latex Master Batch/ High Styrene
re-inforcement Polymer, excluding Polystyrene, Thermoplastic elastomer,
Acrylonitrile-Butadiene Styrene copolymers and Styrene acrylonitrile copolymers
and SBR 1500 and 1700 Series.
|
248.14
|
|
|
(b) All other
exporters / producers
|
All grades
including KER 1904, 1909, 9000 of High Styrene Resin/ Rubber (HSR) covering SBR
1900 series referencing to High Styrene Resin Latex Master Batch/ High Styrene
re-inforcement Polymer excluding Polystyrene, Thermoplastic elastomer,
Acrylonitrile-Butadiene Styrene copolymers and Styrene acrylonitrile copolymers
and SBR 1500 and 1700 Series.
|
421.05
|
2.
|
Territory of
European Union
|
(a) M/s Bayer
International SA, Switzerland and M/s Bayer International, France.
|
All grades
including Krylene HS 260 of High Styrene Resin/Rubber (HSR) covering SBR 1900
series referencing to High Styrene Resin Latex Master Batch/ High Styrene re-inforcement
Polymer excluding Polystyrene, Thermoplastic elastomer, Acrylonitrile-Butadiene
Styrene copolymers and Styrene acrylonitrile copolymers and SBR 1500 and 1700
Series.
|
359.70
|
|
|
(b) All other
exporters / producers
|
All grades
including Krylene HS 260 of High Styrene Resin/ Rubber (HSR) covering SBR 1900
series referencing to High Styrene Resin Latex Master Batch/ High Styrene re-inforcement
Polymer excluding Polystyrene, Thermoplastic elastomer, Acrylonitrile-Butadiene
Styrene copolymers and Styrene acrylonitrile copolymers and SBR 1500 and 1700
Series.
|
430.08
|
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 9th
April 2001, and shall be paid in Indian currency.
Explanation:
For the purposes of this notification, 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 under 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.
|