Cus Ntf No. 91/1999 Dated 13th July 1999

Anti-dumping on EPDM rubber. exports - Japan
WHEREAS in the matter of import of Ethylene - propylene - non-conjugated - butadiene rubber (hereinafter referred to as the EPDM Rubber), excluding polybutadiene rubber, falling 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 1, 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 by imports into India from the subject country;
   
   

AND WHEREAS on the basis of the aforesaid findings of the Designated Authority, the Central Government has imposed an anti-dumping duty vide notification of the Government of India 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 II, Section 3, sub-section (i) of the Gazette of India, Extraordinary, dated the 12th April, 1999;

AND WHEREAS the Designated Authority vide its final findings, dated the 14th May, 1999, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 14th May, 1999, has come to the conclusion that -

1. EPDM Rubber originating in, or exported from Japan has been exported to India below 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;
   
   

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the Customs Tariff Act, 1975 (51 of 1975), 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, the Central Government on the basis of the aforesaid final findings of the Designated Authority, hereby imposes on the said EPDM Rubber, excluding polybutadiene rubber, falling under sub-heading No.4002.70 of the First Schedule of 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 said Table, and the landed value of imports per metric tonne.

TABLE

S. No.	Name of company/ Exporter	Amount (in rupees per metric tonne)
(1)	(2)	(3)
1.	M/s. JSR Corporation	100644
2.	M/s. DSM Idemitsu Company Ltd.	104725
3.	Any other Exporter	104725

Explanation.-

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 of customs levied under sections 3. 3A, 8B, 9 or section 9A, as the case may be, of the said Customs Tariff Act.

Sd/-
(Prashant Kumar Sinha)
Under Secretary to the Government of India

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