Initiated review in the matter of continuation of anti-dumping duty on acrylonitrile butadiene rubber (hereinafter referred to as NBR) originating in, or exported from, Japan.

REGD. NO. D. L.-33004/99 The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 636] NEW DELHI. FRIDAY. DECEMBER 21, 2001/AGRAHAYANA 30, 1923

3908 GI/2001

(1)2_ _^ THEGAZETTEQ^INDIA:EXTRAORDINARY,. _ _ __ JPAR-I II—SEC3(J)| 3

M1N1STRY0FFINANCE

(Department of Revenue)

NOnFlCAITON

New Delhi, the 21st December, 2001

No. 126/2001-CUSTOMS

G.S,R,914(E). ! WHEREAS the designated authority vide notification published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 24th day of October, 2000, had initiated review in the matter of continuation of anti-dumping duty on acrylonitrile butadiene rubber (hereinafter referred to as NBR) originating in, or exported from, Japan, imposed vide notification No.68/99-Customs, dated the 26th May, 1999 [G.S.R.391(E), dated the 26th May, 1999] and had requested for suitable extension of anti- dumping duty, pending the results of the review investigations;

- AND WHEREAS the Central Government has extended the anti-dumping duty imposed on acrylonitrile butadiene rubber originating in, or exported from, Japan vide notification No. 139/2000- Customs, dated the 9th November, 2000 [G.S.R. 856 (E), dated the 9th November, 2000] and notification No.46/2001-Customs, dated the 30th April, 2001 [G.S.R. 308 (E), dated the 30th April, 2001], upto and inclusive of 13 th November, 2001;

AND WHEREAS the designated authority vide notification published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 12th November, 2001 has concluded that -

(a) NBR originating in, or exported from, Japan has been exported to India below normal value resulting in dumping;

(b) the domestic industry is suffering injury; (c) the injury may intensify if anti-dumping duty is removed;

Now, therefore, in exercise of the powers conferred by^sub-sections (1) and (5j. 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) 'Vales, 1995, the Central Government after considering the aforesaid findings of the designated authority, hereby imposes on acrylonitrile butadiene rubber, falling under sub-heading No. 4002.59 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, Japan, and imported into India, an anti-dumping duty at the rate which is equivalent to the difference between the amount mentioned in column (4) of the Table below and the landed value of imDorts.

Table

S. No.

Country

Name of Producer/ Exporter

Amount (US$ / metric tonne)

(4) 2088 (1) 1.

(2) Japan

(3)

All producers/exporters

2. The anti dumping duty shall be paid in Indian currency.

Explanation. - For the purposes of this notification,-

(a) "landed value" means the assessable value as determined under the Customs Act, 1962 ( 52 of 1962) and includes all duties of customs except duties levied under section 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act. (b) 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 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. 354/2O3/2001-TRU]

- VIVEK PRAS AD. Uider Secy.

5

NOTIFICATION

New Delhi, the 21 st December, 2001

No. 127/2001-CUSTOMS

G.S.R. 915(E).— WHEREAS in the matter of import of thermal sensitive paper (TSP) falling under sub-heading No. 4809.10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the Peoples' Republic of China, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I Section 1, dated the 8th November, 2001 has come to the conclusion that -

(i) thermal sensitive paper has bten exported from the subject country to India below its normal value;

(ii) the Indian industry has suffered material injury and is being threatened with further injury; (iii) the injury has been caused by the dumped imports from the subject country;

and has considered it necessary to impose anti-dumping duty, provisionally, pending final determination, on all imports of the subject goods, originating in or exported from the Peoples' Republic of China;

NOW, THEREFORE, in exercise of the powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act, read with rule 13 and rule 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 above findings of the designated authority hereby imposes on the thermal sensitive paper falling under sub-heading No. 4809.10 or heading No. 48.11 or heading No. 48.16 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the Peoples' Republic of China, when exported by exporter mentioned in column (2) of the Table annexed below, and imported into India, an anti-dumping duty at the rate which is equivalent to the amount mentioned in the corresponding entry in column (3) of the said Table.

Table

Anti-dumpjngjluty ^US$ per Kg) (3) 0.967

Country (2) All exporters/ Producers of Peoples' Republic of China

S.No. 0) 1.

2. The anti-dumping duty imposed under this notitication shall be eiiective upto and inclusive ot the 20th day of June, 2002, 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 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,

[F. No. 354/202/2001-TRU]

VIVEK PRAS AD, Under Secy.

28 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3(i))

NOTIFICATION

New Delhi, the21st December, 2001

No. 128/2001-CUSTOMS

G.S.R. 916(E).— whereas in the matter of import of Compact Fluorescent Lamps, falling under sub- heading No. 8539.31 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from People's Republic of China and Hong Kong, and imported into India, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 2nd November, 2001, has come to the conclusion that -

(a) the imports of Compact Fluorescent Lamps into India from People's Republic of China and Hong Kong have increased quite significantly both in absolute terms and relative to consumption in India;

(b) the sale of domestic industry has declined significantly; (c) the domestic sale prices are suffering from both price suppression and price depression due to dumped imports from China People's Republic of China and Hong Kong; (d) the production has remained more or less static during period of investigation; (e) closing stocks has gone up by around 145% during period of investigation over previous year; (f) the capacity utilisation during the period of investigation was as low as 20% (after taking into account the increased capacity);

(g) the domestic industry has suffered losses during the period of investigation;

and has considered it necessary to impose anti-dumping duty, provisionally, pending final determination, on all imports of the subject goods, originating in or exported from People's Republic of China and Hong Kong;

Now, therefore, in exercise of the powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act, read with rule 13 and rule 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 above findings of the designated authority, hereby imposes on Compact Fluorescent Lamps falling under Chapter 85 of the First Schedule to the said Customs Tariff Act, originating in or exported from the country specified in column (2) of the Table annexed hereto, when exported by exporter mentioned against the corresponding country in column (3) of the said Table, and imported into India, an anti-dumping duty at the rate which is equivalent to the difference between the amount mentioned in corresponding entries in column (4) or column (5) of the said Table, and the landed value of the imports per unit in US$.

TABLE

_9 2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 20* day of June, 2002, and shall be payable in Indian currency.

Explanation. • For the purposes of this notification,- (a) "landed value" means the assessable value as determined under the Customs Act, 1962 ( 52 of 1962) and includes all duties of customs except duties levied under sections 3, 3 A, 8B, 9 and 9A of the said Customs Tariff Act. (b) 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 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.354/205/2(X)l-TRU]

VIVEK PRAS AD. Under Secy 3<{

THE GAZETTE OF INDIA; EXTRAORDINARY ]1

NOTIFICATION

New Delhi, the 21st December, 2001

No. 129/2001-CUSTOMS

G.S.R917(E).— in the matter of import of Vitamin AB2D3K falling under Chapter 23 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the European Union, the Unites States of America, Thailand and Singapore, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 25th September, 2001, has come to the conclusion that - (a) Vitamin AB2D3K (Single strength and Triple strength) originating in, or exported from, the European Union, Thailand and Singapore, have been exported to India below normal value, resulting in dumping;

(b) the Indian industry has suffered material injury;

(c) injury has been caused by imports from the European Union, Thailand and Singapore cumulatively;

Now, therefore, in exercise of powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act, read with rules 13 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 above findings of the designated authority, hereby imposes on Vitamin AB2D3K [of description given in column (4) of the Table annexed hereto] falling under Chapter 23 of the First Schedule to the said Customs Tariff Act, originating in, or exported from countries or territories specified in corresponding entries in column (2) of the said Table, and exported by exporters specified in corresponding entries in column (3) of the said Table, an anti-dumping duty at the rate which is to be calculated as the difference between the amount specified in the corresponding entries in column (5) and landed value of such imported Vitamin AB2D3K per Kilogramme.

TABLE

2. The anti-dumping duty imposed under this notification shall be effective upto and

inclusive of the 20th day of June, 2002, and shall be payable in Indian currency.

Explanation. - For the purposes of this notification, -

(a) "landed value" means the assessable vaWe as determined under the Customs Act, 1962

(52 of 1962) and includes all duties of Customs except duties levied under sections 3, 3A, 8B, 9

and 9A of the said Customs Tariff Act;

(b) 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. 354/185/2001-TRU1

G. D. LOHANL Under Secy.

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