122/2000 DATE 27/09/2000

Anti-dumping duty on Ethylene Propylene Diene Rubber (EPDM)


G.S.R. (E).- WHEREAS in the matter of Ethylene Propylene Diene Rubber (EPDM), falling under Chapter 40 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from Korea RP, the Designated Authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 23rd March, 2000 had come to the conclusion that”

  1. Ethylene Propylene Diene Rubber originating in or exported Korea RP has been exported to India below normal value, resulting in dumping;

  2. the Indian industry has suffered material injury;

  3. the injury has been caused by the imports from the subject country; and has considered it necessary to impose anti dumping duty, provisionally, pending final determination on all imports of Ethylene Propylene Diene Rubber (EPDM), originating in or exported from the subject country.
AND WHEREAS on the basis of the aforesaid findings of the Designated Authority, the Central Government had imposed an anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 70/2000-Customs, dated the 19th May, 2000, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number G.S.R. 467 (E) dated the 19th May, 2000;

AND WHEREAS the Designated Authority vide its findings, dated the 21st August, 2000, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 21st August, 2000, has come to the conclusion that –

  1. EPDM originating in or exported from Korea RP has been exported to India below normal value;

  2. the Indian Industry has suffered material injury;

  3. the injury has been caused to the domestic industry by dumping of the subject goods originating in or exported from Korea RP.
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the Customs Tariff Act, read with sub-section (5) of the said section 9A 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 Ethylene Propylene Diene Rubber (EPDM), falling under sub-heading No. 4002.70 of the First Schedule to the said Customs Tariff Act, originating in or exported from Korea RP when exported by the exporter mentioned in the column (2) of the Table annexed hereto and imported into India, an anti- dumping duty at the rate equivalent to the difference between amount specified in corresponding entry in column (3) of the said Table and the landed value of such imported Ethylene Propylene Diene Rubber (EPDM) per metric tonne.


                                             Table
       ___________________________________________________________________________________
          S.No.           Name of exporter/producer                        Amount
                                                                          (US$/MT) 
       ___________________________________________________________________________________
           (1)                            (2)                                (3) 
       ___________________________________________________________________________________
            1.     M/s Kumho Polychem Co. Ltd. (KPC),, Korea RP               2445
       ___________________________________________________________________________________
            2.     Any other exporter of Korea RP                             2461
       ___________________________________________________________________________________
            3.     M/s Exxon Chemical International Services Ltd. 
                   (ECIS), Hong Kong                                          2433
       __________________________________________________________________________________
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of the imposition of the provisional duty, i.e. the 19th May 2000; and be paid in Indian currency.

Explanation - For the purposes of this notification,-

(a) ”landed value” means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of Customs except duties levied under Section 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act.

(b) ”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 conferred under sub-clause (i) of clause (a) of sub-section (3) of section 14 of the said Customs Act 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 Customs Act.