Anti-dumping Duty on NBR from Korea Slashed to $85/MT
from $362.75/MT in Review
[Customs Notification No. 46 (ADD) dated 4th September 2015]
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country should the current anti-dumping duty be withdrawn;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 measurement |
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 Petrochemicals Co Ltd |
M/s Kumho Petrochemicals 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.
3. Notwithstanding anything contained in paragraph 2, the
anti-dumping duty imposed under this notification shall remain in force up to
and inclusive of the 3rd December, 2020, unless revoked, superseded or amended
earlier.
[27-ADD/21.08.2020 –
Para 3 inserted]
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)