Notification No. 87/2005 - Custom

27^th September, 2005

Sub: Anti-dumping duty on Rubber Chemicals namely, MBT

Whereas in the matter of import of Rubber Chemicals namely, MBT (2-Mercapto Benzothiazole, also known in trade as “Accelerator M”), CBS (N-cyclohexyl-2-benzothiazole sulphenamide, also known in trade as “Accelerator CZ or Accelerator HBS” ) and MBTS(Dibenzothiazole disulphide, also known in trade as “Accelerator DM” ), falling under the heading or sub heading No. 2925 20, or 2934 20 or 3812 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of China, the designated authority in its final findings, vide notification No.14/9/2004 - DGAD dated the 6th July, 2005, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 6th July,2005, has come to the conclusion that -

(i) import of the subject goods (MBT, MBTS,CBS) from People’s Republic of China are entering the Indian market at dumped prices and the dumping margin in respect of the individual products are above de minimis level;

(ii) the dumped imports of MBT and CBS from People’s Republic of China were not found to be causing material injury to the domestic industry ; and

(iii) however, as far as MBTS is concerned, the dumped imports from People’s Republic of China have caused material injury to the domestic industry and has recommended the imposition of definitive anti-dumping duty equal to the margin of dumping or margin of injury, whichever is less, so as to remove the injury to the domestic industry;

Now, therefore, in exercise of the powers conferred by sub-section (1) read with sub-section (5) of section 9A of the said Customs Tariff Act, 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 goods, the description of which is specified in column (3) of the Table below, falling under heading or 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 given in column (4) of the said Table, originating in the country 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 equivalent to the duty 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 publication of this notification in the gazette of India; and be paid in Indian currency.

Explanation. - For the purposes of this notification, -

(a) “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 under sub-clause (i) of clause (a) of sub-section (3) of section 14 of the said 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. 354/123/2005-TRU