Sunset Review of Anti-Dumping Duty imposed on imports of Acrylonitrile Butadiene Rubber from Korea RP – Final findings

MINISTRY OF COMMERCE AND INDUSTRY
(Department of Commerce)
(DIRECTORATE GENERAL OF TRADE REMEDIES)
NOTIFICATION
New Delhi, the 24th November, 2020
FINAL FINDINGS
Case No. SSR 04/2020

Sub. : Sunset Review of Anti-Dumping Duty imposed on imports of Acrylonitrile Butadiene Rubber
from Korea RP – Final findings

1. F. No. 7/5/2020-DGTR.—Having regard to the Customs Tariff Act 1975 as amended (hereinafter referred as the ―Act‖) and the Customs Tariff (Identification, Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for Determination of Injury) Rules 1995, as amended from time to time (hereinafter also referred to as ―the Rules‖) thereof.

2. M/s Apcotex Industries Limited (hereinafter also referred to as the ―Applicant‖) has filed an application, through TPM Consultants, before the Designated Authority in accordance with the Customs Tariff Act 1975 as amended from time to time (hereinafter also referred as the Act) and the Customs Tariff (Identification, Assessment and Collection of Antidumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (hereinafter also referred as the Anti-Dumping Rules or Rules) for initiation of sunset review investigation concerning imports of ―Acrylonitrile Butadiene Rubber (NBR)‖ (hereinafter also referred to as the ―product under consideration‖ or the―subject goods‖) from Korea RP (hereinafter referred to as the ―subject country‖).

3. The Authority, on the basis of prima facie evidence submitted by the Applicant, issued a public notice vide Notification No. 7/5/2020-DGTR dated 7th February, 2020, published in the Gazette of India, initiating the subject investigation in accordance with Section 9A(5) of the Act read with Rule 23 of the Anti-Dumping Rules to review the need for continued imposition of the anti-dumping duty in respect of the subject goods, originating in or exported from Korea RP, and to examine whether the expiry of the said duty is likely to lead to continuation or recurrence of dumping and injury to the domestic industry.

A. BACKGROUND OF THE CASE

4. The original investigation concerning imports of the subject goods from Korea RP and Germany was initiated by Authority vide Notification No. 9/1/95- ADD dated 15th March 1996. The Preliminary finding was issued by the Authority on 30th December 1996, recommending provisional antidumping duty on the imports of Acrylonitrile Butadiene Rubber (NBR) originating in or exported from Korea RP and Germany. The Authority notified its final findings on 17th July 1997 recommending definitive antidumping duty on the imports of NBR originating in or exported from Korea RP and Germany. The definitive antidumping duty (ADD) was imposed on the subject goods vide Customs Notification No. 62/1997-Customs, dated 30th July 1997

5. The Authority had initiated a sunset review in the matter of continuation of final anti-dumping duty on acrylonitrile butadiene rubber originating in, or exported from Korea RP and Germany, and recommended continued imposition of definitive antidumping duty on imports of the subject good vide notification No. 50/1/2000 dated 21st September 2002. The definitive antidumping duty was imposed vide notification No. 111/2002-Customs, dated 10th October, 2002.

6. The Authority initiated mid-term review investigations on import of subject goods exported from Korea RP and Germany on 29th March, 2004 and recommended continued imposition of definitive antidumping duty on imports of the subject goods from Korea RP and Germany vide notification No. 15/5/2004 dated 6th June 2005. The definitive antidumping duty was imposed vide Custom Notification No.78/2005-Customs dated 1st September, 2005.

7. The second sunset review investigation was initiated by the Authority on 8th October 2007 and the Authority recommended continued imposition of anti-dumping duty on imports of the subject goods from Korea RP vide Notification No. 15/6/2007 dated 4th October 2008. The definitive antidumping duty was imposed vide Custom Notification No. 01/2009-Customs dated 2nd January 2009.

8. The Authority vide Notification No. 15/29/2013-DGAD Dated the 31st December 2013, initiated the third Sunset Review investigation. The Final Finding Notification was issued vide Notification No. 15/29/2013-DGAD dated 30th June 2015, recommending imposition of definitive duty against imports from Korea RP. On the basis of recommendations made by the Authority, definitive antidumping duty was imposed vide Notification No. 46/2015-Customs (ADD), 4th September 2015.

9. In exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act and in pursuance of Rule 23 of the Anti-dumping Rules, the Central Government vide Notification No. 27/2020-Customs (ADD) dated 21st August, 2020 extended the Anti-dumping duties till 3rd December, 2020

B. PROCEDURE

10. The procedure described below has been followed with regard to the subject investigation:

a. The Authority notified the Embassy of the subject country in India about the receipt of the present sunset review application before proceeding to initiate the investigation in accordance with Sub-Rule (5) of Rule 5 supra.

b. The Authority issued a public notice dated 7th February, 2020 published in the Gazette of India Extraordinary, initiating sunset review investigation concerning import of subject goods from the subject country.

c. The Authority sent a copy of the initiation notification dated 7th February, 2020, to the Embassy of the subject country in India, the known producers and exporters from the subject country, known importers, importer/user Associations and other interested parties, as per the addresses made available by the Applicant. The interested parties were advised to provide relevant information in the form and manner prescribed and make their submissions known in writing within the prescribed time-limit.

d. The Authority provided a copy of the non-confidential version of the application to the known producers/exporters and to the Embassy of the subject country in India in accordance with Rule 6(3) of the Anti-Dumping Rules.

e. The Embassy of the subject country in India was also requested to advise the exporters/producers from their country to respond to the questionnaire within the prescribed time limit. A copy of the letter and questionnaire sent to the producers/exporters was also sent to it along with the names and addresses of the known producers/exporters from the subject country.

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