Imposes provisional anti-dumping duty on the said rubber chemicals, namely PX-13, MOR & TDQ

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

20^th October, 2005

Notification No. 94/2005-Customs

G.S.R. (E). – 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-benzothiazole sulphenamide (2-Morphoolinothiobenothiazole) (MBS)] and TDQ[Anti-oxidants- 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 had come to the conclusion that –

(i) the subject goods have entered the Indian market from the subject countries or 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 or 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 had 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;

And whereas on the basis of the aforesaid findings of the designated authority, the Central Government had imposed provisional anti-dumping duty on the said 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[Anti-oxidants-Polymerised 2,2,4 -Trimethyl-1,2 di-hydroquinoline],( vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 63/2005-Customs, dated the 7th July, 2005, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 7th July, 2005 vide G.S.R. No.461(E), dated the 7th July, 2005;

And whereas the designated authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 16th August, 2005 has come to the conclusion that –

(a) The subject goods have entered Indian market from the subject countries or territories at a price lower than their normal values; in the domestic market of exporting countries or territories;

(b) The domestic industry has suffered material injury;

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

and has recommended the imposition of definitive anti-dumping duty equal to the lesser of margin of dumping and margin of injury, so as to remove the injury to the domestic industry;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, read with sub-section (5) of the said section 9A and 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 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 levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 7^th July, 2005; and shall be paid in Indian currency

Explanation. – For the purposes of this notification rate of exchange applicable for the purposes of calculation of 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 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.

F.No.354/131/2005-TRU

(Ajay)
Under secretary to the Government of India