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Whereas in the matter of import of acrylonitrile butadiene rubber (hereinafter referred to as NBR), falling under Chapter 40 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Korea RP and Germany (hereinafter referred to as the subject countries), the designated authority had notified its mid-term review findings published in Part I, Section 1 of the Gazette of India, vide notification No. 15/2/2004-DGAD dated the 6th June, 2005.
And whereas on the basis of the aforesaid mid-term review findings of the designated authority, the Central Government has imposed anti-dumping duty on import of NBR, originating in, or exported from the subject countries, vide notification No. 78/2005-Customs, dated the 1st September, 2005 [G.S.R. 554(E), dated the 1st September, 2005], published in part II, section 3, sub-section (i) of the Gazette of India, Extraordinary, dated the 1st September, 2005.
And whereas the Customs, Excise and Service Tax Appellate Tribunal (hereinafter referred to as the Tribunal), in the matter of M/s. Apar Industries Ltd. and Others, in Appeals No.C/935/05-AD and No.C/68-69/06-AD, had vide its final order No. 37-39/06-AD dated the 22nd September, 2006, ordered that "the appeals filed by exporter/importer are allowed, subject to the direction that the impugned notification No.78/2005 dated 1st September, 2005, will be suitably amended by the Government of India by imposing the antidumping duty at the rate of US$ 38.73 per MT on the subject goods imported from Korea Kumho Petrochemicals and the appeal filed by the domestic industry is dismissed".
And whereas the designated authority has accepted the above order of the Tribunal. 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 Rule 23 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 makes the following amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue) No.78/2005-Customs, dated the 1st September, 2005, namely:-
In the said notification, in the Table, against S.No.1, for the entry in column (9), the entry "38.73" shall be substituted.
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