CUSTOMS NOTIFICATION No.148/2000 Dated 20th December, 2000
WHEREAS in the matter of import of Phthalic Anhydride, falling under sub-heading No.2917.35 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Indonesia, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 31st March, 2000 had come to the conclusion that-

1. Phthalic Anhydride, originating in, or exported from, Indonesia, has been exported to India below its normal value, resulting in dumping;
   
2. the Indian industry has suffered material injury;
   
3. the injury has been caused by the dumped imports from the subject country;
   

AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.75/2000-Customs, dated the 23rd May, 2000, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 23rd May, 2000, vide G..S.R. No.483(E), dated the 23rd May, 2000;

AND WHEREAS the designated authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 13th November, 2000 has come to the conclusion that-

1. Phthalic Anhydride, originating in, or exported from, Indonesia, has been exported to India below its normal value, thereby resulting in dumping;
   
2. the domestic industry has suffered material injury;
   
3. the injury has been caused to domestic industry by dumping of the subject goods originating in, or exported from, the Indonesia;
   

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, read with sub-section (5) of the said section 9A 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 said Phthalic Anhydride, falling under sub-heading No.2917.35 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, Indonesia, and imported into India, an anti-dumping duty at the rate of US dollars 44.27 per metric tonne.

2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 23rd May, 2000; and be paid 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, (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.

Sd/-
(Prashant Kumar Sinha)
Under Secretary to the Government of India

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