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  CUS NTF 
  NO. 100/2005 DATE 29/11/2005

  

  Anti-dumping duty on acrylonitrile butadiene rubber (NBR) in bale form 




G.S.R. (E).- Whereas in the matter of import of acrylonitrile butadiene rubber 
(NBR) in bale form [excluding powder and carboxylated NBR] (hereinafter referred 
to as the subject goods), classified under heading 4002 of the First Schedule 
to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, 
the European Union (excluding Germany), Brazil and Mexico (hereinafter referred 
to as the subject countries), the designated authority vide its preliminary findings 
No.14/32/2003-DGAD, published in the Gazette of India, Extraordinary, Part I, 
Section 1, dated the 30th March, 2005 had come to the conclusion that-



(a) the dumping margins of the subject goods imported from the subject countries 
are substantial and above de-minimis levels;



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



(c) 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; 



and had recommended imposition of provisional anti-dumping duties, pending final 
determination, on all imports of the subject goods, originating in, or exported 
from, the subject countries; 



And whereas on the basis of the aforesaid findings of the designated authority, 
the Central Government had imposed anti-dumping duty on imports of acrylonitrile 
butadiene rubber (NBR) in bale form [excluding powder and carboxylated NBR], classified 
under heading 4002 of the First Schedule to the Customs Tariff Act, 1975 (51 of 
1975), originating in, or exported from the subject countries, vide notification 
of the Government of India in the Ministry of Finance (Department of Revenue), 
No. 53/2005-Customs dated the 7th June, 2005 [G.S.R. 372(E) dated the 7th June, 
2005] published in Part II, Section 3, Sub-section (i) of the Gazette of India, 
Extraordinary, dated the 7th June, 2005.



And whereas the designated authority vide its final findings No.14/32/2003-DGAD, 
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 
5th October, 2005, read with amendment dated the 31st October, 2005, has come 
to the conclusion that-



(i) the imports of the subject goods from the subject countries have entered Indian 
market at less than its normal value in the subject countries;



(ii) the domestic industry has suffered material injury; 



(iii) injury has been caused to the domestic industry cumulatively by volume and 
price effect of dumped imports of the subject goods from the subject countries;



and has recommended imposition of definitive anti-dumping duty on imports of acrylonitrile 
butadiene rubber (NBR) in bale form [excluding powder and carboxylated NBR], classified 
under heading 4002 of the First Schedule to the Customs Tariff Act, 1975 (51 of 
1975), originating in, or exported from the subject countries.



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 20 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping 
Duty on Dumped Articles and for Determination of Injury) Rules, 1995, and in supersession 
of the notification of the Government of India, in the Ministry of Finance (Department 
of Revenue), No. 53/2005-Customs dated the 7th June, 2005 [G.S.R. 372(E) dated 
the 7th June, 2005], the Central Government, on the basis of the aforesaid final 
findings of the designated authority dated the 5th October, 2005, hereby imposes 
on the goods, the description of which is specified in column (3) of the Table 
below, falling under heading 4002 of the First Schedule to the said Customs Tariff 
Act, 1975 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 the rate 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  


 

 


  
    
 
      S. 
        No
      Hea- 
        ding
      Des- 
        crip- tion of goods
      Spe- 
        cifica- tion
      Country 
        of origin
      Country 
        of export
      Producer
      Exporter
      Duty 
        Amount
      Unit 
        of mea- sure- ment
      Curre- 
        ncy  
    
 
      (1)
      (2)
      (3)
      (4)
      (5)
      (6)
      (7)
      (8)
      (9)
      (10)
      (11) 
         
    
 
      1.
      4002
      Acry- 
        loni- trile Buta- diene Rubber (NBR) [excl- uding powder and carbo- xylated 
        NBR]
      In 
        Bale form 
      Brazil
      Any 
        
      M/s 
        Petroflex, Brazil
      M/s 
        Petroflex, Brazil
      195.08
      Metric 
        tonne
      US 
        $
    

    
 
      2.
      4002
      -do-
      In 
        Bale form
      Brazil
      Any
      M/s 
        Nitriflex, Brazil
      M/s 
        Nitriflex, Brazil
      274.51
      Metric 
        tonne
      US$
    

    
 
      3.
      4002
      -do-
      In 
        Bale form
      Brazil
      Brazil
      Any 
        other than above
      Any 
        
      306.55
      Metric 
        tonne
      US 
        $
    

    
 
      4.
      4002
      -do-
      In 
        Bale form
      Brazil
      Any
      Any 
        other than above
      Any
      306.55
      Metric 
        tonne
      US 
        $
    

    
 
      5.
      4002
      -do-
      In 
        Bale form
      Any 
        other than Brazil
      Brazil
      Any 
        
      Any
      306.55
      Metric 
        tonne
      US 
        $
    

    
 
      6.
      4002
      -do-
      In 
        Bale form
      European 
        Union except Germany
      European 
        Union except Germany
      Any
      Any
      223.19
      Metric 
        tonne
      US 
        $
    

    
 
      7.
      4002
      -do-
      In 
        Bale form
      European 
        Union except Germany
      Any 
        other than Brazil and Mexico
      Any
      Any
      223.19
      Metric 
        tonne
      US 
        $
    

    
 
      8.
      4002
      -do-
      In 
        Bale form
      Any 
        other than Brazil and Mexico
      European 
        Union except Germany
      Any
      Any
      223.19
      Metric 
        tonne
      US 
        $
    

    
 
      9.
      4002
      -do-
      In 
        Bale form
      Mexico
      Mexico
      Any
      Any
      304.37
      Metric 
        tonne
      US$
    

    
 
      10.
      4002
      -do-
      In 
        Bale form
      Mexico
      Any 
        excluding Brazil
      Any
      Any
      304.37
      Metric 
        tonne
      US$
    

    
 
      11.
      4002
      -do-
      In 
        Bale form
      Any 
        excluding Brazil
      Mexico
      Any
      Any
      304.37
      Metric 
        tonne
      US$
    

  




2. The anti-dumping duty imposed under this notification shall be levied from 
the date of imposition of the provisional anti-dumping duty on the subject goods, 
i.e. the 7th June, 2005 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 under 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.





(Ajay)

  Under Secretary to the Government of India

[F.No.354/37/2005-TRU]