WHEREAS in the matter of import acrylonitrile-butadiene rubber (hereinafter referred to as NBR), excluding latex, falling under sub-heading No. 4002.59 of the First Schedule to the Customs Tariff Act, 1975(51 of 1975), originating in, or exported from Germany or Korea R.P., the designated authority vide its preliminary findings published in the Gazette of India, Extraordinary, Part I , section 1, dated the 30^th  December, 1996 had come to the conclusion that -

(a)      Acrylonitrile-butadiene rubber, originating in, or exported from, Germany or Korea RP, has been exported to India below normal value;

(b)      the Indian Industry has suffered material injury;

(c)      the injury has been caused cumulatively by the imports from the subject countries.

AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti dumping duty on the NBR vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 9/97- Customs, dated the 31^st January, 1997 [G.S.R. 47(E), dated the 31^st January, 1997], published in Part II , Section 3,sub-section (i) of the Gazette of India , Extraordinary, dated the 31^st January , 1997.

AND WHEREAS the designated authority vide its final findings publish in the Gazette of India, Extraordinary, Part I, Section I, dated the 17^th July, 1997 had come to the conclusion that-

(a)    acrylonitrile-butadiene rubber, originating in, or exported from, Germany or Korea RP, has been exported to India below normal value resulting in dumping;

(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 or Korea R.P.

AND WHEREAS on the basis of the aforesaid finding of the designated authority, the Central Government had imposed and anti dumping duty on the said NBR vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 62/97-Customs, dated the 30^th July, 1997 [G.S.R.432 (E), dated the 30^th July, 1997], published in Part II, Section 3, Sub-section (i)of the Gazette of India, Extraordinary, dated the 30^th July , 1997.

AND WHEREAS the Customs, Excise and Gold (Control) Appellate Tribunal (hereinafter referred to as CEGAT),in its final order No. 22/2000-AD, dated the 2^nd February, 2000, in Appeal No. C/330/97-AD [in the matter of M/s Rishiroop Polymer Private Limited vs. Designated Authority (Anti-dumping)], has held that �anti-dumping duty should be imposed in terms of dollar at the exchange rate prevalent at the time of investigation. But for this modification, the order passed by the Designated Authority is otherwise upheld�.

AND WHEREAS the designated authority has accepted the above order of CEGAT dated the 2^nd February 2000.

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, read with 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 and in supersession of the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 62/97-Customs, dated the 30^th July, 1997 [G.S.R.432 (E), dated the 30^th July, 1997 published in Part II, Section 3, Sub-section (i)of the Gazette of India, Extraordinary, dated the 30^th July , 1997], except as respects things done or omitted to be done before such supersession , the Central Government hereby imposes on NBR, excluding latex, falling under sub-heading No. 4002.59 of the First Schedule to the said Customs Tariff Act, originating in or exported from, Germany or Korea R. P., when exported by the company or exporter mentioned in column (3) of the Table below and imported into India, and anti-dumping duty of an amount equivalent to the rate indicated in column (4) of the Table below.