(This Notification has been Rescind vide Customs Notification No. : 99/2004 DATE 28/09/2004)
Whereas in the matter of import of Styrene Butadiene Rubber (hereinafter referred to as SBR), of different grades in 1500, 1700 and 1900 series, falling under heading Nos. 3903 or 4002 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) originating in, or exported from, Japan, Taiwan, Turkey, France, United States of America, Germany and Korea R.P., the designated authority vide its final findings, No. 30/1/97-ADD, dated the 2nd June, 1999, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 2nd June, 1999, had come to the conclusion that
(a) SBR has been exported from Japan, Korea RP, Turkey, Taiwan, United States of America, Germany and France to India below its normal value;
(b) the domestic industry has suffered material injury;
(c) the causal link between dumping and injury is established ;
And whereas on the basis of the aforesaid final findings of the designated authority, the Central Government had imposed an anti dumping duty on the said SBR rubber vide notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 107/99-Customs, dated the 24th August, 1999 [G.S.R. 601 (E), dated the 24th August, 1999], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the, 24th August, 1999;
And whereas the Customs, Excise and Gold (Control) Appellate Tribunal (hereinafter referred to as CEGAT), in its final order No. 20-21/2000-A.D. dated the 2nd February, 2000, in Appeal No.C/264/99-AD, and in Appeal No.C/332/99-AD in the matter of M/s. Automotive Tyre Manufacturers Association and others vs. The Designated Authority, had held that SBR originating in or exported from United States of America, Taiwan, Turkey, Korea and Japan and imported into India, be subjected to final anti-dumping duty at the rates specified in the order. Subject to these modifications, CEGAT had upheld the final findings of the Designated Authority dated the 2nd June, 1999;
And whereas the designated authority had accepted the above Order of CEGAT dated the 2nd February 2000;
And whereas on the basis of the aforesaid final order of the CEGAT, the Central Government, in supersession of the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 107/99-Customs, dated the 24th August, 1999, had imposed an anti-dumping duty on the said SBR vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.73/2000-Customs, dated the 22nd May, 2000, [G.S.R. 477 (E), dated the 22nd May, 2000], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the, 22nd May, 2000;
And whereas the designated authority vide its notification No. 15/5/2003-DGAD, dated the 30th July, 2003, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 31st July, 2003, has initiated review in the matter of continuation of anti-dumping duty on imports of SBR 1900 series, originating in, or exported from, Japan, Korea R.P. and United States of America imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.73/2000-Customs, dated the 22nd May, 2000, and has requested for continuation of anti-dumping duty for an additional period of six months, pending the completion of the review vide D.O. No. 15/5/2003-DGAD, dated the 29th April, 2004;
Now, therefore, in exercise of the powers conferred by the second proviso to sub-section (5) 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, the Central Government hereby directs to continue imposition of anti-dumping duty on SBR of the grade mentioned in column (4) of the Table below and falling under heading Nos. 3903 or 4002 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, United States of America, Korea RP and Japan as mentioned in the corresponding entry in column (2) of the Table below, and imported into India, an anti-dumping duty at a rate which is equivalent to the amount specified in the corresponding entry in column (5) of the said Table.
TABLE
| Sl. No. |
Country |
Name of the Producer or Exporter |
Grade |
Amount
(US $ per metric tonne) |
| (1) |
(2) |
(3) |
(4) |
(5) |
| 1. |
United States of America |
All Exporters |
1900 Series |
189.89 |
| 2. |
Korea RP |
Korea Kumho |
1900 Series |
204.00 |
| Other Exporters |
1900 Series |
204.00 |
| 3. |
Japan |
JSR Corporation |
1900 Series |
156.93 |
| Others |
1900 Series |
156.93 |
2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 25th day of October, 2004, unless the time limit is extended, or the notification is revoked before such time, by notification published in the Official Gazette.
Explanation.- For the purpose of this notification, the anti-dumping duty shall be paid in Indian currency and the 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 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 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.354/48/2004-TRU]
(V. Sivasubramanian)
Deputy Secretary to the Government of India
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