WHEREAS in the matter of import of Ethylene Propylene Diene Rubber (hereinafter referred to as EPDM rubber), excluding poly-butadiene rubber, falling under sub-heading No.4002.70 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) originating in, or exported from Japan, the designated authority vide its preliminary findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 24^th December, 1998 had come to the conclusion that �

(a)      EPDM rubber originating in, or exported from Japan has been exported to India below normal value, resulting the dumping;

(b)      the Indian industry has suffered material injury;

(c)      the injury as 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 said EPDM rubber vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No 38/99-Customs, dated the 12^th April, 1999 [G.S.R. 258(E), dated the 12^th April, 1999] published in Part II, Section 3, Sub-Section (i) of the Gazette of India, Extraordinary, dated the 12^th April, 1999;

AND WHEREAS the designated authority vide its final finding published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 14^th May, 1999 has come to the conclusion that-

(a)      EDPM rubber has been exported from Japan has been exported to India below its 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 origination in, or exported from Japan;

AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti dumping duty on the said EPDM rubber vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 91/99-Customs, dated the 13^th July, 1999[G.S.R. 517(E), dated the 13^th July, 1999], Published in Part II, Section 3,Sub-sections (i) of the Gazette of India, Extraordinary , dated the 13^th July, 1999;

AND WHEREAS the Customs, and Gold (Control) Appellate Tribunal (hereinafter referred to as CEGAT, in its final order No. 29-30/2000-AD. dated the 9^th February 2000 in Appeal No.C/267/99-AD in the matter of M/s. DSM Idemitsu Limited vs. Designed Authority (Anti-dumping) and in appeal No.C/22/2000-AD in the matter of M/s. Herdillia Unimers Limited vs. Designated Authority (Anti-dumping) has held that �anti-dumping duty should be imposed in the terms of dollar. Accordingly, on conversion, table in the final findings of the Designated Authority is modified as under: -

But for the above 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 9^th 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. 91/99-Customs, dated the 13^th July, 1999 [G.S.R.517(E), dated the 13^th July, 1999, publish in Part II , Section 3,sub-section (i) of the Gazette of India, dated the 13^th  July, 1999, the Central Government except as respects things done or omitted to be done before such supersession, hereby imposes on the said EPDM rubber, excluding poly-butadiene rubber , falling under sub-heading No.4002.70 of the First Schedule to the Customs Tariff Act, originating in or exported from Japan , when exported by the company or exporter mentioned in column (2) of the Table below , and imported into India, and anti-dumping duty at a rate which is equivalent to the difference between the amount mentioned in the corresponding entry in column (3) of the Table below and the landed value of the said imported EPDM rubber per metric tonne.