Anti-dumping duty on import of certain rubber chemicals

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

7th July, 2005

Notification No. 63/2005-Customs

Whereas, in the matter of import of certain  rubber chemicals, namely PX-13[Anti-degradants-(N-1, 3-dimethyl butyl-N’Phenyl paraphenylenediamine (6PPD)], MOR[Accelerators-N-oxydiethylene-2-binzothiazole sulphenamide (2-Morphoolinothiobenothiazole) (MBS)] and TDQ[Antioxidants- -Polymerised 2,2,4 -Trimethyl-1,2 di-hydroquinoline],(hereinafter referred to as the subject goods) falling under Chapters  29 and 38 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the European Union, People’s Republic of China, Chinese Taipei and the United States of America,(hereinafter referred to as the subject countries/territories) the designated authority vide its preliminary findings in notification No. 14/13/2004 -DGAD, dated the 8^th April 2005, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 8^th April 2005 has come to the conclusion that –

(i) the subject goods have entered the Indian market from the subject countries/ territories at prices less than the normal values in the domestic markets of the exporting countries;

(ii) the dumping margins of the subject goods imported from the subject countries/ territories are substantial and above de minimis;

(iii) the domestic industry suffers material injury in terms of loss of market share, low capacity utilization and profitability;

(iv) the injury has been caused to the domestic industry both by volume and price effect of dumped imports of the subject goods originating in or exported from the subject countries/territories;

and has considered it necessary to recommend the imposition of provisional anti-dumping duty on import of subject goods, in all forms, originating in or exported from the European Union, People’s Republic of China, Chinese Taipei and the United States of America,

Now, therefore, in exercise of the powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act, read with rules 13 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 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 sub- 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 column (4) of the said Table,  originating in the countries as specified in the corresponding entry in column (5), and produced by the producers as specified in the corresponding entry in column (7), when exported from the countries as specified in the corresponding entry in column (6), by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at a rate  which is the amount as specified 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.

TABLE

2. The anti-dumping duty imposed under this notification shall be effective up to and inclusive of the 6^th day of January, 2006, and shall be payable 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 conferred by 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.

F.No.354/46/2005-TRU ]

Ajay
Under Secretary to the Government of India