Customs Notification No. 72/2000 Dated 22-5-2000

WHEREAS in the matter of import of Ethylene Propylene Diene Rubber (herein after referred to as EPDM rubber), excluding polybutadiene rubber, failing under sub-heading No. 4002.70 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) originating in, or exported from Japan, the designated authority vide its preliminary findings published in the Gazette of India, Extraordinary, Part I, Section I, dated the 24th December, 1998 had come to the conclusion that -

1. EPDM rubber originating in, or exported from Japan 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 cumulatively by the imports from the subject countries;
   
   

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 EPDM rubber vide notification of the Government of India in the Ministry of Finance Department of Revenue), No. 38/99-Customs, dated the 12th April, 1999 [G.S.R.258 (E), dated the 12th April, 1999], published in Part 11, Section 3, Sub-section (i) of the Gazette of India,Extraordinary, dated the 12th April, 1999;

AND WHEREAS the designated authoriti vide its final findings published in the Gazette of India,Extraordinary, Part I, Section 1, dated the 14 May, 1999 had come to the conclusion that -

1. EPDM rubber has been exported from Japan has been exported to India below its normal value;
   
   
2. the domestic 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 Japan;
   
   

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 EPDM rubber vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.91/99- Customs, dated the 13th July, 1999 [G.S.R. 517(E), dated the 13th July, 1999], published in Part II, Section 3, Sub-section (i) of the Gazette of India,Extraordinary, dated the 13th July, 1999;

AND WHEREAS the Customs, Excise and Gold (Control) Appellate Tribunal (hereinafter referred to as CEGAT), in its final order No. 29-30/2000- AD. dated the 9th February, 2000 in Appeal No.C/267/99-AD in the matter of M/s.DSM Idemitsu Limited vs. Designated Authority (Anti-dumping) and in appeal No.C/22/2000-AD in the matter of M/s. Herdillia Unimers Limited vs. Designated Authority (Anti-dumping) has held that "anti-dumping duty should be imposed in the terms of dollar. Accordingly, on conversion, the table in the final findings of the Designated Authority is modified as under:-

 S. No. Name of the Company or Exporter Amount (US $ per metric tonne) 
 (1) (2) (3) 
 1. M/s. JSR 2819.16 2. M/s. DSM 2933.47 3. Any other Exporter 2933.47 

But for the above modifications, the order passed by the Designated Authority is otherwise upheld".

AND WHEREAS the designat.-d authority has accepted the above order of CEGAT dated the 9th February,2000;

Now, therefore, in exercise of the powers conferred by sub-section (1) of Section 9A of the said Customs Tariff Act, read with 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 and in supersession of the notification of the government of India in the Ministry of Finance (Department of Revenue) No. 91/99-Customs, dated the 13th July, 1999 [G.S.R. 517(E), dated the 13th July, 1999], published in Part II, Section 3,sub-section (i) of the Gazette of India, dated the 13th July, 1999, the Central Government except as respects things done or omitted to be done before such supersession, hereby imposes on the said EPDM rubber, excluding polybutadiene rubber, failing under sub-heading No. 4002.70 of the First Schedule to the said Customs Tariff Act, originating in or exported from Japan, when exported by the company or exporter mentioned in column (2) of the Table below, and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between the amount mentioned in the corresponding entry in column (3) of the Table below and the landed value of the said imported EPDM rubber per metric tonne.

 TABLE 
 S. No. Name of the Company or Exporter Amount (US $ per metric tonne) 
 (1) (2) (3) 
 1. M/s. JSR 2819.16 2. M/s. DSM 2933.47 3. Any other Exporter 2933.47 

Explanation I.

- For the purposes of this notification, "landed value" means the assessable value as determined by the proper officer under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties levied under sections 3,3A,813,9 and 9A, as the case may be, of the Customs Tariff Act, 1975.

Explanation II.

- For the purposes of this notification, the anti-dumping duty shall be paid in Indian currency.The "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 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 said Customs Act.

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