MINISTRY OF COMEMRCE

 

INITIATION (SUNSET REVIEW) NOTIFICATION

 

New Delhi, the 24th October, 2000

 

Subject:- Initiation of Sunset Review  regarding anti-dumping duty imposed on import of NBR  originating in or exported from Japan

 

No. 31/1/2000-DGAD.-The Designated Authority (hereinafter referred to as the Authority) in accordance with the Customs Tariff (Amendment) Act, 1995 and  Custom Tariff (Identification, Assessment and Collection of Anti Dumping Duty  on Dumped Articles and for Determination of injury) Rules, 1995  recommended continuation of the definitive Anti Dumping Duty in force on imports of NBR originating in or exported from Japan classified under Customs sub heading 4002.59 of the Customs Tariff Act, 1975 in review investigations notified vide Gazette Notification No. 38/6/97-ADD dated 1st April, 1999.

 

1.         Product Involved: The product under consideration is Acrylonitrile Butadiene Rubber (NBR) classified under custom heading No.4002.59 of Schedule I of the Customs Tariff Act, 1975 and No. 4002.59 under Indian Trade Classification (based on Harmonised Commodity Description and Coding System) Originating in or exported from Japan.

 

2.         Initiation:- The Customs Tariff (Amendment) Act, 1995 and the rules made thereunder require the Authority to review from time to time, the need for the continuance of Anti Dumping Duty. The Authority, vide Notification No. 38/6/97/ADD dated 12th May,1998 initiated mid-term review for the continuance of anti dumping duty imposed on NBR originating in or exported from Japan and considered it appropriate to continue the anti dumping duty vide Notification No. 38/6/97/ADD dated 1st April, 1999. The Designated Authority, now considers that the sunset review of the anti-dumping duty recommended would be appropriate at this stage under the provisions of Section 9A of the Customs Tariff (Amendment) Act, 1995. The domestic industry has also filed a petition requesting for continuance of Anti Dumping Duty on NBR originating in or exported from Japan for a further period of five years.

 

3.         Procedure: Having decided to review the final findings notified vide Notification No. 38/6/97/ADD dated 1st April, 1999, the Designated Authority hereby initiates sunset review investigations to review the need for continued imposition of the anti-dumping duty on imports of NBR originating in or exported from Japan in accordance with the Customs Tariff (Amendment) Act, 1995 and the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped  Articles and for Determination of Injury) Rules, 1995.

 

4.         The review covers all aspects of Final Findings Notification no. 25/ADD/94 dated 19th October, 1995 and subsequent review Notification No. 38/6/97/ADD dated 1st April, 1999.

 

5.         The Period of investigation for the purpose of the present review is 1st April, 1999 to 30th June, 2000 (15 months).

 

6.         M/s. Gujarat Apar Polymers Ltd., Maker Chamber III, 1st Floor, Jamnalal Bajaj Road, Nariman Point, Mumbai- 400 021 (currently known as Apar Industries Ltd., Apar House, Corporate Park, Sion Trombay Road, Chembur, Mumbai-400 071)  was considered as  the domestic industry in the earlier notification. The Authority proposes to consider these companies as the domestic industry in accordance with the Rules supra. 

 

7.         Submission of Information:  The exporters in subject countries, the importers in India known to be concerned and the domestic industry are being addressed separately to submit relevant information in the form and manner prescribed and to make their views known to the:

 

                        The Designated Authority,

                        Ministry of Commerce,

Directorate General of Anti Dumping and Allied Duties

                        Udyog Bhawan

                        New Delhi-101 011

 

 

            Any other interested party may also make its submission relevant to the investigation in the prescribed form and manner within the time limit set out below.

 

8.         Time Limit : Any information relating to the present investigations should be sent  in writing so as to reach the Authority at the address mentioned above not later then 40 days from the date of publication of this review Notification. If no information is received within the prescribed time limit or the information received is incomplete, the Designation Authority may record findings on the basis of the facts available on record in accordance with the Rules supra.     

 

9.         Inspection of Public File: In terms of Rules 6(7), any interested party may inspect the public file containing non-confidential version of the evidence submitted by other interested parties.

 

 

L.V. SAPTHARISHI, Designated Authority

 

 

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