[PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II SECTION 3, SUB-SECTION (I)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
5th July, 2005
Notification No. 61/2005-Customs
Whereas in the matter of import of 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 and Germany (hereinafter referred to as the subject countries), the designated authority vide its sunset review findings, published in Part I, Section 1 of the Gazette of India, vide notification No. 50/1/2001-DGAD, dated the 21st September, 2002, had concluded that-
(a) NBR originating in, or exported from, Korea RP and Germany have been exported to India below its normal value;
(b) various economic indicators and injury parameters in particular price cutting by dumped imports imply that the cessation of anti-dumping duty on NBR from Korea RP and Germany will lead to continuance or recurrence of dumping and injury; and
(c) has recommended for continuation of anti-dumping duty on NBR.
And whereas on the basis of the aforesaid sunset review findings of the designated authority, the Central Government has imposed anti-dumping duty vide notification No. 111/2002-Customs dated the 10th October, 2002 [G.S.R. 697(E) dated the 10th October, 2002], published in part II, section 3, sub-section (i) of the Gazette of India, Extraordinary, dated 10th October, 2002.
And whereas the Customs, Excise and Service Tax Appellate Tribunal (hereinafter referred to as the Tribunal), in its final order No. 14-18/04-AD dated the 1st July, 2004, in Appeals No.C/260/02-AD, No.C/596/02-AD, No. C/687/02-AD, No.C/14/03-AD and No.C/125/03-AD in the matter of M/s. Puneet Resins and others, has ordered that ” the entry in Sl. No. 1 in notification No. 111/2002-Customs dated the 10th October, 2002 relating to M/s Korea Kumho Petrochemical Co. Ltd shall remain deleted and all imports of acrylonitrile butadiene rubber into India from Korea RP and exported by M/s Korea Kumho Petrochemicals Co. Ltd shall be subjected to anti-dumping duty at the rate of US $ 106.16 per metric tonne.”
And whereas the designated authority has accepted the above order of the Tribunal and has issued a corrigendum dated the 26th October, 2004, vide No. 50/1/2001-DGAD to the aforesaid review findings.
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the said Customs Tariff Act read with rule 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, on the basis of the above corrigendum issued by the designated authority, hereby makes the following amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 111/2002- Customs dated the 10th October, 2002, namely:-
In the said notification,-
(i) in the Table, against S.No. 1 and the entries relating thereto, the following shall be substituted, namely:-
|S. No.||Name of Country||Exporter/ producer||Amount (US$/MT)|
|” 1.||Korea R P||Hyundai Petrochemical Co. Ltd||1908.28|
|All other exporters/producers except Korea Kumho Petrochemical Co. Ltd (KKPC)||1908.28 “;|
(ii) after the Table, the following proviso shall be inserted, namely:-
Provided that anti-dumping duty at the rate of US$ 106.16 per MT shall be imposed on all grades of acrylonitrile butadiene rubber, falling under Chapter 40 of the said Customs Tariff Act, exported by Korea Kumho Petrochemical Co. Ltd (KKPC), and imported into India.
Under Secretary to the Government of India
Note: The principal notification was published in the Gazette of India, Extraordinary, vide number G.S.R. 697(E), dated the 10th October, 2002.