Customs Notification No. 123 dated 31^st October 2002

WHEREAS in the matter of import of Poly-Iso-Butylene falling under sub-heading 3902.20 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, European Union, Brazil, Japan, People�s Republic of Korea, Singapore and Thailand, the designated authority in its preliminary findings vide notification No. 47/1/2001-DGAD, dated the 12^th December, 2001, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 12^th December, 2001, had come to the conclusion that -

(a)     Poly-Iso-Butylene originating in, or exported from, European Union, Brazil, Japan, People�s Republic of Korea, Singapore and Thailand, had been exported to India below normal value, resulting in dumping;

(b)     the Indian industry had suffered material injury only from exports of Poly-Iso-Butylene from Brazil, Japan, People�s Republic of Korea and Singapore;

(c)     injury had been caused cumulatively by the imports from Brazil, Japan, People�s Republic of Korea and Singapore;

AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on Poly-Iso-Butylene vide notification of the Government of India in the erstwhile Ministry of Finance (Department of Revenue), No. 7/ 2002-Customs, dated the 16^th January, 2002, [G.S.R. 32(E), dated the 16^th January, 2002], published in Part II, Section 3, Subsection (i) of the Gazette of India, Extraordinary, dated the 16^th January, 2002;

AND WHEREAS the designated authority, vide its final findings notification No. 47/1/2001-DGAD, dated the 5^th September, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 9^th September, 2002 has come to the conclusion that -

(a)     Poly-Iso-Butylene originating in, or exported from, European Union, Brazil, Japan, People�s Republic of Korea, Singapore and Thailand, have been exported to India below normal value, resulting in dumping;

(b)     the Indian industry has suffered material injury on account of price under-cutting, price suppression and significant increase in the volume of dumped imports of Poly-Iso-Butylene from Brazil, Japan, People�s Republic of Korea and Singapore;

(c)     the injury has been caused cumulatively by the dumped imports from Brazil, Japan, People�s Republic of Korea and Singapore; and has recommended the imposition of definitive anti-dumping duty on all imports of the said Poly-Iso-Butylene originating in, or exported from, Brazil, Japan, People�s Republic of Korea and Singapore;

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 all imports of Poly-Iso-Butylene, falling under sub-heading 3902.20 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the country specified in column (2) of the Table below, when exported by the exporter or producer specified in the corresponding entry in column (3) of the said Table, and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between the amount specified in the corresponding entry in column (4) of the said Table and the landed value, in US $ per metric Tonne, of such imported Poly-Iso-Butylene.

TABLE

2.      The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 16^th January 2002, and shall be paid in Indian currency.