Cus Ntf No. 73/2000 Date : 22-05-2000

Anti Dumping Duty on SBR exported from Japan, Taiwan, Turkey, France, USA, Germany, Korea
WHEREAS in the matter of import of Styrene Butadiene Rubber (herein after referred to as SBR), of different grades in 1500,1700 and 1900 series, falling under heading Nos. 39.03 or 40.02 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) originating in, or exported from Japan, Taiwan, Turkey, France, United States of America, Germany and Korea R.P., the designated authority vide its preliminary findings published in the Gazette of India,extraordinary, Part 1, Section 1, dated the 21st January, 1999 had come to the conclusion that -

1. SBR originating in, or exported from, Japan, Taiwan, Turkey, France, United States of America, Germany and Korea R.P., 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 vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 39/99-Customs, dated the 26th April, 1999 [G.S.R.285 (E), dated the 26th April, 19991, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 26th April, 1999.

AND WHEREAS the designated authority vide its final findings published in of the Gazette of India, Extraordinary, Part I, Section 1, dated the 2nd June, 1999 had come to the conclusion that -

1. SBR has been exported from Japan, Korea RP, Turkey,'Taiwan, USA, Germany and France has been exported to India below its normal value;
   
2. the domestic industry has suffered material injury;
   
3. the casual link between dumping and injury is established;
   

AND WHEREAS on the basis of the aforesaid final findings of the designated authority, the Central Government had imposed an anti dumping duty on the said SBR rubber vide notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 107/99- Customs, dated the 24th August, 1999 [G.S.R. No. 601 (E), dated the 24th August,1999], published in Part II Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 24 August, 1999 \

AND WHEREAS the Customs, Excise and Gold (Control) Appellate Tribunal hereinafter referred to as CEGAT), in its final order No. 20-21/2000- A.D. dated the 2nd February, 2000, in Appeal No.C/264/99-AD, and in Appeal No.C/332/99-AD in the matter of M/s. Automotive Tyre Manufacturers Association and others vs. The Designated Authority, has held that SBR originating in or exported from USA, Taiwan, Turkey, Korea and Japan and imported into India, be subjected to final anti-dumping duty at the rate equivalent to the amount specified in the corresponding entries of the Table hereto annexed and the landed value of imports per metric tonne. Subject to these modifications, CEGAT has upheld the final findings of the Designated Authority dated the 2nd June, 1999;

AND WHEREAS the Designated Authority has accepted the above order of CEGAT dated the 2nd 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. 107/99-Customs, dated the 20 August, 1999 [G.S.R. 601(E), dated the 26th August, 1999], published in Part II,Section 3, sub-section (i) of the Gazette of India, Extraordinary, dated the 24th August,1999, except as respects things done or omitted to be done before such supersession, the Central Government hereby imposes on SBR of the grades mentioned in column (4) of the Table below and falling under heading Nos. 39.03 or 40.02 of the First Schedule to the said Customs Tariff Act, originating in or exported from USA, Taiwan,Turkey, Korea and Japan as mentioned in the corresponding entry in column 2) of the Table below, when exported by producer or exporter mentioned in the corresponding entry in column (3) of the Table below, and imported into India, an anti-dumping duty at a rate which is equivalent to the amount specified in the corresponding entry in column (5) of the said Table and the landed value of the said imported SBR per metric tonne.
TABLE

SI.No.	Country	Name of the Producer or Exporter	Grade	Amount (US $ per metric tonne)
(1)	(2)	(3)	(4)	(5)
1.	United States of America	All Exporters	1700 Series	97.49
			1900 Series	189.89
2.	Taiwan	Taiwan Synthetic Rubber Corporation	1500 Series	62.00
			1900 Series	90.00
		Others	1500 Series	90.00
			1900 Series	90.00
3.	Turkey	Petkim Petrokirnya	1500 series	232.00
			1900 Series	272.99
		Others	1500 Series	297.00
			1900 Series	272.99
4.	Korea	Korea Kumho	1500 Series	138.56
			1700 Series	30.27
			1900 Series	204.00
		Other Exporters	1500 Series	204.00
			1700 Series	30.27
			1900 Series	204.00
5.	Japan	JSR Corporation	1500 Series	104.18
			1700 Series	25.67
			1900 Series	156.93
		Others	1500 Series	104.18
			1700 Series	25.67
			1900 Series	156.93

Provided that nothing contained in this notification shall apply to imports of SBR of grades in 1500 series and 1700 series, originating in or exported from the United States of America, Taiwan, Turkey, Korea and Japan and imported into India.

(After table proviso has been inserted vide Cus Ntf No.56/2002 date 31/05/2002)

(Explanation I omitted.)

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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