CUSTOMS NOTIFICATION No.91/2001 Dated 7th September, 2001

Final Anti Dumping duty on acrylonitrile butadiene rubber
WHEREAS in the matter of import of acrylonitrile butadiene rubber, 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 final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 17th 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 its 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 findings of the designated authority, the Central government had imposed an anti dumping duty on the said acrylonitrile butadiene rubber vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 62/97-Customs, dated the 30th July, 1997 [G.S.R. 432 (E), dated the 30th July,1997], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 30th July, 1997;

AND WHEREAS the Customs, Excise and Gold (Control) Appellate Tribunal (hereinafter referred to as the Tribunal), in its final order No. 22/2000-AD, dated the 2nd February, 2000, in Appeal No. C/330/97-AD [in the matter of M/s. Rishiroop Polymers Private Limited vs. Designated Authority (Anti-dumping)], had 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 was otherwise upheld;

AND WHEREAS the designated authority had accepted the above order of the Tribunal dated the 2nd February, 2000;

AND WHEREAS on the basis of the aforesaid final order of the Tribunal, the Central Government had imposed an anti dumping duty on the said acrylonitrile butadiene rubber vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 74/2000-Customs, dated the 22nd May, 2000 [G.S.R.478 (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 final findings in review, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 20th July, 2001 has come to the conclusion that-

(a)	acrylonitrile-butadiene rubber originating in , or exported from, Germany or Korea R.P., has been exported to India below normal value;
(b)	The domestic industry has suffered material injury;
(c)	The injury to the domestic industry has been caused by dumped imports from subject countries; and
(d)	In view of the above, the authority recognizes the need for continuation of imposition of anti-dumping duty on all imports of acrylonitrile butadiene rubber originating in or exported from Germany and Korea R.P.;

Now, therefore, in exercise of the powers conferred by sub-sections (1), (5) and (6) of section 9A of the said Customs Tariff Act, read with 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, after considering the aforesaid findings of the designated authority, hereby imposes on all imports of acrylonitrile butadiene rubber in all its forms except latex, falling under Chapter 40 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the countries mentioned in column (2) of the Table below, exported by the exporters mentioned in column (3) of the said Table and imported into India, an anti-dumping duty at the rate mentioned in the corresponding entry in column (4) of the said Table.
TABLE

S. No.	Country	Exporter	Anti-dumping duty (US dollars per metric tonne)
(1)	(2)	(3)	(4)
1.	Germany	(1) M/s Bayer AG	110.64
		(2) Other exporters	110.64
2.	Korea R.P.	(1) M/s Korea Kumho Petrochemicals Co. Ltd.	248.35
		(2) M/s Hyundai Petrochemicals Co. Ltd.	679.19
		(3) Other exporters	679.19

2. The anti dumping duty imposed under this notification shall be effective upto and inclusive of the 30th day of July, 2002, unless the time limit is extended or the notification is revoked before such time, by notification published in the Official Gazette and shall be paid in Indian currency.


Explanation.- For the purposes of this notification, rate of exchange applicable for the purposes of calculation of 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 the 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.