NOTIFICATION NO. 46/2015 CUS (ADD), DT. 04/09/2015

Seeks to levy definitive anti-dumping duty on imports of Acrylonitrile Butadiene Rubber (NBR), originating in or exported from Korea RP for a period of five years.
G.S.R. (E). Whereas, the designated authority, vide notification No. 15/29/2013-DGAD, dated the 31st December, 2013, published in the Gazette of India, Extraordinary, Part I, Section 1 dated the 31st December, 2013, had initiated a review in the matter of continuation of anti-dumping duty on acrylonitrile butadiene rubber (hereinafter referred to as NBR) falling under Chapter 40 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Korea RP, imposed vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 01/2009-Customs, dated the 2nd January, 2009, published in the Gazette of India, Part II, Section 3, Sub-section (i) vide number G.S.R.5(E), dated the 2nd January, 2009, and had requested for extension of anti-dumping duty for an additional period of one year from the date of its expiry, in terms of sub-section (5) of section 9A of the said Customs Tariff Act, pending the completion of the review;

And whereas the Central Government had extended the anti-dumping duty imposed on NBR originating in, or exported from, Korea RP vide notification No. 06/2014-Customs (ADD), dated the 23rd January, 2014, published in the Gazette of India, Part II, Section 3, Sub-section (i) vide number G.S.R.48(E), dated the 23rd January, 2014 upto and inclusive of 1st January, 2015;

And whereas the designated authority vide notification No. 15/29/2013-DGAD, dated the 30th June, 2015, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 30th June 2015 has concluded that

a) there is continued dumping of the product concerned from Korea RP, causing injury to the domestic industry;

b) both price undercutting and underselling are positive;

c) the financial performance of the Domestic Industry has deteriorated; during the period of investigation, the domestic industry has shown negative growth in terms of the economic parameters such as production, domestic sales, capacity utilization, market share, profit, profitability, return on capital employed; the dumped imports continue to cause injury to the domestic industry.

d) dumping of the product under consideration is likely to intensify from the subject country should the current anti-dumping duty be withdrawn;

and has recommended continuation of anti-dumping duty on imports of NBR originating in, or exported from, Korea RP;

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) read with rules 18 and 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 after considering 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 heading 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 the corresponding entry in column (4), originating in the country specified in the corresponding entry in column (5), exported from the country specified in the corresponding entry in column (6), produced by the producer specified in the corresponding entry in column (7), exported by the exporter specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at the rate equal to the amount indicated 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, namely:-

Table

S. No.	Heading	Description of goods	Specification	Country of origin	Country of export	Producer	Exporter	Amount	Unit of measure-ment	Currency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
1.	4002	Acrylo nitrile Butadiene Rubber (NBR)	Any	Korea RP	Korea RP	M/s Kumho Petro- chemicals Co Ltd	M/s Kumho Petro- chemicals Co Ltd	57	MT	US Dollar
2.	4002	Acrylo nitrile Butadiene Rubber (NBR)	Any	Korea RP	Korea RP	M/s LG Chemicals Ltd (LG)	M/s LG Chemicals Ltd (LG)	61	MT	US Dollar
3.	4002	Acrylo nitrile Butadiene Rubber (NBR)	Any	Korea RP	Korea RP	Any other producer/exporter other than combination of producer-exporter indicated at Sr. Nos. 1&2 above		85	MT	US Dollar
4.	4002	Acrylo nitrile Butadiene Rubber (NBR)	Any	Korea RP	Any Country other than Korea RP	Any	Any	85	MT	US Dollar
5.	4002	Acrylo nitrile Butadiene Rubber (NBR)	Any	Any Country other than Korea RP	Korea RP	Any	Any	85	MT	US Dollar

2. The anti-dumping duty imposed under this notification shall be effective for a period of five years (unless revoked, amended or superseded earlier) from the date of publication of this notification in the Gazette of India 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, under section 14 of the Customs Act, 1962 (52 of 1962) 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.

[F. No. 354/ 179/2002-TRU] (Pt.-V)

(Anurag Sehgal)
Under Secretary to the Government of India

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