Notification No. 34/2004-Cus Date 09/02/2004

Anti-dumping duty on Ethylene Propylene Diene Rubber
WHEREAS, in the matter of import of Ethylene Propylene Diene Rubber, 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 final findings, No. 28/1/99-DGAD, dated the 21st August, 2000, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 21st August, 2000, had come to the conclusion that :

(a) Ethylene Propylene Diene Rubber originating in or exported from Korea RP had been exported to India below normal value;

(b) the Indian industry had suffered material injury;

(c) the injury had been caused to the domestic industry by the dumping of Ethylene Propylene Diene Rubber originating in or exported from Korea RP;

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. 122/2000-Customs, dated the 27th September, 2000, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 27th September, 2000 [G.S.R. 751(E), dated the 27th September, 2000];

AND WHEREAS, the designated authority, vide its final findings in review No. 14/43/2002-DGAD, dated the 22nd December, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 23rd December, 2003, has come to the conclusion that-

(a) Ethylene Propylene Diene Rubber originating in or exported from Korea RP has been exported to India below its normal value, resulting in dumping;

(b) inspite of the anti-dumping duty being in force Ethylene Propylene Diene Rubber has been exported to India from Korea RP at dumped prices and the domestic industry continues to suffer injury; and

(c) it is necessary to continue definitive anti-dumping duty on imports of Ethylene Propylene Diene Rubber originating in or exported from Korea RP,

and has recommended imposition of anti-dumping duties on imports of Ethylene Propylene Diene Rubber originating in or exported from Korea RP at rates equivalent to the difference between US Dollar 2418.5 and the landed value of such imports per Metric Tonne;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, read with sub-sections (5) and (6) of the said section 9A 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, on the basis of the aforesaid findings of the designated authority, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, falling under tariff item of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), the specification of which is specified in column (4) of the said Table, originating in the countries as specified in the corresponding entry in column (5), and produced by the producers as specified in the corresponding entry in column (7), when exported from the countries as specified in the corresponding entry in column (6), by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between, the amount as specified in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11) and per unit of measurement as specified in the corresponding entry in column (10), of the said Table, and the landed value of such imported goods in like currency per like unit of measurement.

TABLE

Sl. No.	Tariff item	Descrip- tion of goods	Specifica- tion	Country of origin	Country of export	Prod- ucer	Expo rter	Amo- unt	Unit of Mea- sure- ment	Curr- ency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
1.	4002 70 00	Ethylene Propylene Diene Rubber	Ethylene Propylene Diene Rubber	Korea RP	Korea RP	M/s Kumho Polychem Co. Ltd.	M/s Kumho Polychem Co. Ltd.	2418.5	Metric Tonne	US Dollar
2.	4002 70 00	Ethylene Propylene Diene Rubber	Ethylene Propylene Diene Rubber	Korea RP	Korea RP	M/s Kumho Polychem Co. Ltd.	Any exporter other than M/s Kumho Polychem Co. Ltd.	2418.5	Metric Tonne	US Dollar
3.	4002 70 00	Ethylene Propylene Diene Rubber	Ethylene Propylene Diene Rubber	Korea RP	Korea RP	Any producer other than M/s Kumho Polychem Co. Ltd.	M/s Kumho Polychem Co. Ltd.	2418.5	Metric Tonne	US Dollar
4.	4002 70 00	Ethylene Propylene Diene Rubber	Ethylene Propylene Diene Rubber	Any other except Korea RP	Korea RP	Any producer	Any exporter	2418.5	Metric Tonne	US Dollar
5.	4002 70 00	Ethylene Propylene Diene Rubber	Ethylene Propylene Diene Rubber	Korea RP	Any other except Korea RP	Any producer	Any exporter	2418.5	Metric Tonne	US Dollar

2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 18th day of May, 2005, unless the time limit is extended or the notification is revoked before such time, by notification published in the Official Gazette and shall be payable 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 sections 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 by sub-clause (i) of clause (a) of sub-section (3) of section 14 of the said Customs Act, 1962 (52 of 1962), and the relevant date for the 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.