G.S.R. (E).- Whereas, in the matter of import of acrylonitrile butadiene rubber (NBR) in bale form [excluding powder and carboxylated NBR] (hereinafter referred to as the subject goods), falling under heading 4002 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, European Union [excluding Germany], Brazil and Mexico (hereinafter referred to as the subject countries), the designated authority, vide its preliminary findings notification No. 14/32/2003-DGAD dated the 30th March, 2005, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 30th March, 2005, has come to the conclusion that -
(i) the dumping margins of the subject goods imported from the subject countries/territories are substantial and above de-minimis levels;
(ii) the domestic industry suffers material injury in terms of loss of market share, low capacity utilization and profitability;
(iii) and the injury has been caused to the domestic industry both by volume and price effect of dumped imports of the subject goods originating in or exported from the subject countries/territories.
and has recommended imposition of provisional anti-dumping duties, pending final determination, on all imports of the subject goods, originating in, or exported from, the subject countries;
And whereas the designated authority has issued a corrigendum dated the 21st April, 2005 vide No. 14/32/2003-DGAD to the aforesaid preliminary findings;
Now, therefore, in exercise of the powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act, read with rules 13 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 preliminary findings and corrigendum of the designated authority, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, falling under heading 4002 of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), the specification of which is specified in column (4) of the said Table, 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.
Table
| S. No. |
Hea- ding |
Description of goods |
Spe- cifi- cat- ion |
Coutry of origin |
Country of export |
Producer |
Exporter |
Duty amount |
Unit of mea- sure- ment |
Cur- ren- cy |
| (1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
| 1 |
4002 |
Acrylonitrile butadiene rubber (NBR) [excluding powder and carboxylated NBR] |
In bale form |
Brazil |
Brazil |
M/s Petroflex, Brazil |
M/s Petroflex, Brazil |
136.47 |
MT |
US$ |
| 2 |
4002 |
Acrylonitrile butadiene rubber (NBR) [excluding powder and carboxylated NBR] |
In bale form |
Brazil |
Brazil |
M/s Nitroflex, Brazil |
M/s Nitroflex, Brazil |
215.90 |
MT |
US$ |
| 3 |
4002 |
Acrylonitrile butadiene rubber (NBR) [excluding powder and carboxylated NBR] |
In bale form |
Brazil |
Brazil |
Any |
Any other than above |
220.73 |
MT |
US$ |
| 4 |
4002 |
Acrylonitrile butadiene rubber (NBR) [excluding powder and carboxylated NBR] |
In bale form |
Brazil |
Any excluding Mexico |
Any |
Any |
220.73 |
MT |
US$ |
| 5 |
4002 |
Acrylonitrile butadiene rubber (NBR) [excluding powder and carboxylated NBR] |
In bale form |
Any excluding Mexico |
Brazil |
Any |
Any |
220.73 |
MT |
US$ |
| 6 |
4002 |
Acrylonitrile butadiene rubber (NBR) [excluding powder and carboxylated NBR] |
In bale form |
EU except Germany |
EU except Germany |
Any |
Any |
164.57 |
MT |
US$ |
| 7 |
4002 |
Acrylonitrile butadiene rubber (NBR) [excluding powder and carboxylated NBR] |
In bale form |
EU except Germany |
Any other than Brazil and Mexico |
Any |
Any |
164.57 |
MT |
US$ |
| 8 |
4002 |
Acrylonitrile butadiene rubber (NBR) [excluding powder and carboxylated NBR] |
In bale form |
Any other than Brazil and Mexico |
EU except Germany |
Any |
Any |
164.57 |
MT |
US$ |
| 9 |
4002 |
Acrylonitrile butadiene rubber (NBR) [excluding powder and carboxylated NBR] |
In bale form |
Mexico |
Mexico |
Any |
Any |
304.37 |
MT |
US$ |
| 10 |
4002 |
Acrylonitrile butadiene rubber (NBR) [excluding powder and carboxylated NBR] |
In bale form |
Mexico |
Any |
Any |
Any |
304.37 |
MT |
US$ |
| 11 |
4002 |
Acrylonitrile butadiene rubber (NBR) [excluding powder and carboxylated NBR] |
In bale form |
Any |
Mexico |
Any |
Any |
304.37 |
MT |
US$ |
2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 6th day of December, 2005 and shall be payable 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 sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act;
(b) 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.354/37/2005-TRU]
(Ajay)
Under Secretary to the Government of India
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