Cus Ntf No.6/2002 date 15/01/2002
Final anti-dumping duty on all forms and grades of High Styrene Butadiene Copolymer falling under sub-heading 3903.90 or sub-heading 4002.19 Whereas in the matter of import of all forms and grades of High Styrene Butadiene Copolymer, also called High Styrene Resin/Rubber (HSR), which includes SBR 1900 series referring to High Styrene Resin Latex Master batch and HSBR, which refers to High Styrene re-inforcement Polymer (hereinafter referred to as subject goods), falling under sub-heading 3903.90 or sub-heading 4002.19 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Poland and the European Union, and imported into India, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 13th March, 2001, had come to the conclusion that -
(a) the subject goods in all forms originating in, or exported from, the subject countries have been exported to India below their normal value;
(b) the domestic industry has suffered material injury;
(c) the injury has been caused to the domestic industry by dumping of the subject goods originating in, or exported from, the subject countries;
and had considered it necessary to impose anti-dumping duty, provisionally, pending final determination, on all imports of the subject goods, originating in or exported from Poland and the European Union;
AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue),
No. 39/2001-Customs, dated the 9th April, 2001, [G.S.R. 252 (E), dated the 9th April, 2001] published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 9th April, 2001;
AND WHEREAS the designated authority vide its final findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 18th December, 2001, has come to the conclusion that -
(a) the subject goods in all forms, originating in, or exported from, the subject countries have been exported to India below its normal value;
(b) the domestic industry has suffered material injury by way of depressed Net Sales Realization (NSR) on account of price suppression caused by low landed prices of the dumped subject goods from the subject countries leading to financial losses;
(c) the injury has been caused to the domestic industry by dumping of the subject goods, originating in, or exported from, the subject countries;
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 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 the subject goods, specified in column (4) of the Table annexed hereto and falling under sub-heading 3903.90 or sub-heading 4002.19 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the country or territory specified in column (2) of the said Table, when exported by exporter mentioned against the corresponding country or territory in column (3) of the said Table, and imported into India, an anti-dumping duty at the rate mentioned in the corresponding entries in column (5) of the said Table.
Table| S. No. | Name of the Country / territory | Name of the Exporter/ producer | Subject goods | Amount of duty (US$ / Metric Tonne) |
|---|
| (1) | (2) | (3) | (4) | (5) |
|---|
| 1. | Poland | (a) M/s Firma Chemiczna Dwory SA | All grades including KER 1904, 1909, 9000 of High Styrene Resin/Rubber (HSR) covering SBR 1900 series referencing to High Styrene Resin Latex Master Batch/High Styrene re-inforcement Polymer, excluding Polystyrene, Thermoplastic elastomer, Acrylonitrile-Butadiene Styrene copolymers and Styrene acrylonitrile copolymers and SBR 1500 and 1700 Series. | 248.14 |
| (b) All other exporters / producers | All grades including KER 1904, 1909, 9000 of High Styrene Resin/Rubber (HSR) covering SBR 1900 series referencing to High Styrene Resin Latex Master Batch/High Styrene re-inforcement Polymer excluding Polystyrene, Thermoplastic elastomer, Acrylonitrile-Butadiene Styrene copolymers and Styrene acrylonitrile copolymers and SBR 1500 and 1700 Series. | 421.05 |
| 2. | Territory of European Union | (a) M/s Bayer International SA, Switzerland and M/s Bayer International, France. | All grades including Krylene HS 260 of High Styrene Resin/Rubber (HSR) covering SBR 1900 series referencing to High Styrene Resin Latex Master Batch / High Styrene re-inforcement Polymer excluding Polystyrene, Thermoplastic elastomer, Acrylonitrile-Butadiene Styrene copolymers and Styrene acrylonitrile copolymers and SBR 1500 and 1700 Series. | 359.70 |
| (b) All other exporters / producers | All grades including Krylene HS 260 of High Styrene Resin/Rubber (HSR) covering SBR 1900 series referencing to High Styrene Resin Latex Master Batch / High Styrene re-inforcement Polymer excluding Polystyrene, Thermoplastic elastomer, Acrylonitrile-Butadiene Styrene copolymers and Styrene acrylonitrile copolymers and SBR 1500 and 1700 Series. | 430.08 |
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 9th April, 2001, and shall be paid in Indian currency.
Explanation.- For the purposes of this notification, 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 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 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.
Vivek Prasad
Under Secretary to the Government of India
F. No 354 /222 /2001-TRUPresented by eximkey.com