CHAPTER 29
Organic chemicals
NOTES :
1. Except where the context otherwise requires, the headings of this Chapter apply only to :
(a) separate chemically defined organic compounds, whether or not containing impurities;
(b) mixtures of two or more isomers of the same organic compound (whether or not containing impurities), except mixtures of acyclic hydrocarbon isomers (other than stereoisomers), whether or not saturated (Chapter 27);
(c) the products of headings 2936 to 2939 or the sugar ethers, sugar acetals and sugar esters, and their salts, of heading 2940, or the products of heading 2941, whether or not chemically defined;
(d) the products mentioned in (a), (b) or (c) above dissolved in water;
(e) the products mentioned in (a), (b) or (c) above dissolved in other solvents provided that the solution constitutes a normal and necessary method of putting up these products adopted solely for reasons of safety or for transport and that the solvent does not render the product particularly suitable for specific use rather than for general use;
(f) the products mentioned in (a), (b), (c), (d) or (e) above with an added stabiliser (including an anticaking agent) necessary for their preservation or transport;
(g) the products mentioned in (a), (b), (c), (d), (e) or (f) above with an added anti-dusting agent or a colouring or odoriferous substance added to facilitate their identification or for safety reasons, provided that the additions do not render the product particularly suitable for specific use rather than for general use;
(h) the following products, diluted to standard strengths, for the production of azo dye: diazonium salts, couplers used for these salts and diazotisable amines and their salts.
2. This Chapter does not cover :
(a) goods of heading 1504 or crude glycerol of heading 1520;
(b) ethyl alcohol (heading 2207 or 2208);
(c) methane or propane (heading 2711);
(d) the compounds of carbon mentioned in Note 2 to Chapter 28;
(e) urea (heading 3102 or 3105);
(f) colouring matter of vegetable or animal origin (heading 3203), synthetic organic colouring matter, synthetic organic products of a kind used as fluorescent brightening agents or as luminophores (heading 3204) or dyes or other colouring matter put up in forms or packings for retail sale (heading 3212);
(g) enzymes (heading 3507);
(h) metaldehyde, hexamethylenetetramine or similar substances, put up in forms (for example, tablets, sticks or similar forms) for use as fuels or liquid or liquefied-gas fuels in containers of a kind used for filling or refilling cigarette or similar lighters and of a capacity not exceeding 300 cm3 (heading 3606);
(ij) products put up as charges for fire-extinguishers or put up in fire-extinguishing grenades, of heading 3813; ink removers put up in packing for retail sale, of heading 3824; or
(k) optical elements, for example, of ethylenediamine tartrate (heading 9001).
3. Goods which could be included in two or more of the headings of this Chapter are to be classified in that one of those headings which occurs last in numerical order.
4. In headings 2904 to 2906, 2908 to 2911 and 2913 to 2920, any reference to halogenated, sulphonated, nitrated or nitrosated derivatives includes a reference to compound derivatives, such as sulphohalogenated, nitrohalogenated, nitrosulphonated or nitrosulphohalogenated derivatives.
Nitro or nitroso groups are not to be taken as “nitrogen-functions” for the purposes of heading 2929.
For the purposes of headings 2911, 2912, 2914, 2918 and 2922, “oxygen-functions” is to be restricted to the functions (the characteristic organic oxygen-containing groups) referred to in heading 2905 to 2920.
5. (A)
[OLD(a)
] The esters of acid-function organic compounds of Sub-Chapters I to VII with organic compounds of these Sub-Chapters are to be classified with that compound which is classified in the heading which occurs last in numerical order in these Sub-Chapters.
(B)
[OLD(b)
] Esters of ethyl alcohol with acid-function organic compounds of Sub-Chapters I to VII are to be classified in the same heading as the corresponding acid-function compounds.
(C)
[OLD(c)
] Subject to Note 1 to Section VI and Note 2 to Chapter 28 :
(1)
[OLD(A)
] inorganic salts of organic compounds such as acid-, phenol-or enol-function compounds or organic bases, of Sub-Chapters I to X or heading 2942, are to be classified in the heading appropriate to the organic compound; and
(2)
[OLD(B)
] salts formed between organic compounds of Sub-Chapters I to X or heading 2942 are to be classified in the heading appropriate to the base or to the acid (including phenol- or enol- function compounds) from which they are formed, whichever occurs last in numerical order in the Chapter.
(3) co-ordination compounds, other than products classifiable in Sub-Chapter XI or heading 2941, are to be classified in the heading which occurs last in numerical order in Chapter 29, among those appropriate to the fragments formed by "cleaving" of all metal bonds, other than metal-carbon bonds.
(D)
[OLD(d)
] Metal alcoholates are to be classified in the same heading as the corresponding alcohols except in the case of ethanol (heading 2905).
(E)
[OLD(e)
] Halides of carboxylic acids are to be classified in the same heading as the corresponding acids.
6. The compounds of headings 2930 and 2931 are organic compounds the molecules of which contain, in addition to atoms of hydrogen, oxygen or nitrogen, atoms of other non-metals or of metals (such as sulphur, arsenic,
[OLDmercury
] or lead) directly linked to carbon atoms.
Heading 2930 (organo-sulphur compounds) and heading 2931 (other organo-inorganic compounds) do not include sulphonated or halogenated derivatives (including compound derivatives) which, apart from hydrogen, oxygen and nitrogen, only have directly linked to carbon the atoms of sulphur or of a halogen which give them their nature of sulphonated or halogenated derivatives (or compound derivatives).
(Note 5 & 6 has been amended vide Finance Bill 2006 w.e.f. from 01/01/2007)
7. Headings 2932, 2933 and 2934 do not include epoxides with a three-membered ring, ketone peroxides, cyclic polymers of aldehydes or of thioaldehydes anhydrides of polybasic carboxylic acids, cyclic esters of polyhydric alcohols or phenols with polybasic acids or imides of polybasic acids.
These provisions apply only when the ring-position hetero-atoms are those resulting solely from the cyclising function or functions here listed.
8. For the purpose of heading 2937 :
(a) the term “hormones” includes hormone-releasing or hormone-stimulating factors, hormone inhibitors and hormone antagonists (anti-hormones);
(b) the expression “used primarily as hormones” applies not only to hormone derivatives and structural analogues used primarily for their hormonal effect, but also to those derivatives and structural analogues used primarily as intermediates in the synthesis of products of this heading.
SUB-HEADING NOTES
1. Within any one heading of this Chapter, derivatives of a chemical compound (or group of chemical compounds) are to be classified in the same sub-heading as that compound (or group of compounds) provided that they are not more specially covered by any other sub-heading and that there is no residual sub-heading named "other" in the series of subheadings concerned.
2. Note 3 to this Chapter shall not be applicable to the sub-headings of this Chapter.
(Sub-heading note has been amended vide Finance Bill 2006 w.e.f. from 01/01/2007)
[OLDSUB-HEADING NOTE :
Within any one heading of this Chapter, derivatives of a chemical compound (or group of chemical compounds) are to be classified in the same sub-heading as that compound (or group of compounds) provided that they are not more specially covered by any other sub-heading and that there is no residual sub-heading named “other” in the series of sub-headings concerned.
]
ANTI-DUMPING DUTY NOTIFICATIONS
Anti-dumping duty on Ortho Chloro Benzaldehyde originating or exported from the Peoples Republic of China: [Notfn. No.6/99-Cus. dt. 22.1.1999]
Whereas in the matter of import of Ortho Chloro Benzaldehyde falling under Chapter 29 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from Peoples Republic of China, the Designated Authority vide its preliminary findings, published in the Gazette of India Extraordinary, dated the 14th October, 1998 had come to the conclusion that -
(a) Ortho Chloro Benzaldehyde originating in or exported from the Peoples Republic of China, has been exported to India below normal value, resulting in dumping;
(b) the Indian industry has suffered material injury;
(c) the injury has been caused cumulatively by the exports from the subject country.
And Whereas on the basis of the aforesaid findings of the Designated Authority, the Central Government has imposed anti-dumping duty vide notification No. 95/98-Customs, dated the 24th November, 1998 (G.S.R. 700(E), dated 24th November, 1998), published in Part II, Section 3, Sub-section (i) of the Gazette of India Extraordinary, dated the 24th November (hereinafter referred to as the provisional duty);
And Whereas the Designated Authority vide its final findings, published in the Gazette of India Extraordinary, Part I, Section I, dated the 18th December, 1998 has concluded that -
(a) Ortho Chloro Benzaldehyde originating in or exported from the Peoples Republic of China, had been exported to India below normal value, resulting in dumping;
(b) Domestic industry has suffered material injury;
(c) the injury has been caused to the domestic industry by dumping of the subject goods originating in or exported from China PR;
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, read with rules 18 and 20 of the Customs Tariff (Identification, Assessment and Collection of Antidumping duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government after considering the aforesaid findings of the Designated Authority, hereby imposes on Ortho Chloro Benzaldehyde, falling under chapter 29 of the First Schedule to the said Customs Tariff Act, originating in or exported from Peoples Republic of China, and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between Rs.200.21 per kg. and the landed value of Ortho Chloro Benzaldehyde per kg.
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of provisional duty i.e. 24th November, 1998.
Explanation :- For the purposes of this notification, "landed value" means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of Customs except Customs duties levied under sections 3, 3A, 8B, 9 or section 9A, as the case may be, of the said Customs Tariff Act.
Anti-dumping duty on Lovastatin Originating in or exported from the Peoples Republic of China:
[Notfn. No. 9/99-Cus. dt. 29.1.1999]
Whereas in the matter of import of Lovastatin falling under Chapter 29 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 dated the 23rd September, 1998 had come to the conclusion that -
(a) Lovastatin originating in, or exported from, the Peoples Republic of China, had been exported to India below normal value, resulting in dumping;
(b) the Indian industry has suffered material injury;
(c) the injury has been caused cumulatively by the exports from the subject country.
And Whereas on the basis of the aforesaid findings of the Designated Authority, the Central Government has imposed anti-dumping duty vide notification No. 93/98-Customs, dated the 24th November, 1998 (G.S.R. 698(E), dated 24th November, 1998), published in Part II, Section 3, Sub-section (i) of the Gazette of India Extraordinary, dated the 24th November, 1998 (Hereinafter referred to as the provisional duty);
And Whereas the Designated Authority vide its final findings, published in the Gazette of India Extraordinary, Part I, Section I, dated the 18th December, 1998 has concluded that -
(a) Lovastatin originating in, or exported from, the Peoples Republic of China, had been exported to India below normal value, resulting in dumping;
(b) Domestic industry has suffered material injury;
(c) the injury has been caused to the domestic industry by dumping of the subject goods originating in or exported from China PR;
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, read with rules 18 and 20 of the Customs Tariff (Identification, Assessment and Collection of Antidumping duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government after considering the aforesaid findings of the Designated Authority, hereby imposes on Lovastatin, falling under chapter 29 of the First Schedule to the said Customs Tariff Act, originating in, or exported from Peoples Republic of China, and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between Rs.191869 (Rupees one lakh ninety one thousand eight hundred and sixty nine only) per kg and the landed value of Lovastatin per kg.
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of provisional duty i.e. 24th November, 1998.
Explanation :- For the purposes of this notification, "landed value" means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of Customs except duties of customs levied under sections 3, 3A, 8B, 9 or section 9A, as the case may be, of the said Customs Tariff Act.
Anti-dumping duty on Citric acid originating in or exported from the Peoples Republic of China:
[Notfn. No. 78/2000-Cus., dt. 26.5.2000]
WHEREAS in the matter of import of Citric acid, falling under Chapter 29 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 vide its preliminary findings, published in the Gazette of India Extraordinary, Part I, Section 1, dated the 20th October, 1998, had come to the conclusion that-
(a) Citric acid originating in, or exported from the People"s Republic of China has been exported to India below normal value, resulting in dumping;
(b) the Indian industry has suffered material injury;
(c) the injury has been caused cumulatively by exports from the subject country;
AND WHEREAS on the basis of the aforesaid findings of the Designated Authority, the Central Government has imposed anti-dumping duty vide notification No. 94/98-Customs, dated the 24th November, 1998 published in Part II, Section 3 Sub-section (i) of the Gazette of India Extraordinary, dated the 24th November, 1998;
AND WHEREAS the Designated Authority vide its final findings published in Part I, Section 1 of the Gazette of India, extraordinary, dated the 15th March, 1999 had come to the conclusion that -
(a) Citric acid has been exported from the People"s Republic of China at a price lower than the normal value;
(b) the domestic industry has suffered material injury;
(c) the causal link between dumping and injury is established;
AND WHEREAS on the basis of the aforesaid final findings of the Designated Authority, the Central Government has imposed anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 44/99-Customs, dated the 29th April, 1999, published in Part II, Section 3 Sub-section (i) of the Gazette of India Extraordinary, dated the 29th April, 1999;
AND WHEREAS the Customs, Excise and Gold (Control) Appellate Tribunal (hereinafter referred to as CEGAT), in its final order No. 31/2000-AD, dated the 9th February, 2000 in Appeal No. C/240/99-AD in the matter of M/s Aimjal Chemicals vs the Designated Authority, has held that "subject to the modification of the final order to the effect that anti-dumping duty will be the difference between US $ 1677.06 and the landed value of imports per metric tonne where the landed value is less than the above amount calculated in US dollars.";
AND WHEREAS the Designated Authority has accepted the above order of CEGAT dated the 9th February, 2000;
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A, read with sub-section (6) of section 3 of the said Customs Tariff Act, and rule 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 and in supersession of the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 44/99-Customs dated the 29th April, 1999, [G.S.R. 291 (E), dated the 29th April, 1999], except as respects things done or omitted to be done before such supersession, the Central Government hereby imposes on citric acid, falling under Chapter 29 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, People"s Republic of China, and imported into India, an anti-dumping duty at the rate equivalent to the difference between US $1677.06 and the landed value of imports per metric tonne, where the landed value is less than the above amount calculated in US dollars.
Explanation I : For the purposes of this notification, landed value means the assessable value as determined under the Customs Act, 1962, and includes all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A as the case may be, of the Customs Tariff Act, 1975.
Explanation II : For the purposes of this notification, the anti-dumping duty shall be paid in Indian currency. The "rate of exchange" applicable for the purpose 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 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.
Anti-dumping duty on Bisphenol-A originating in or exported from the United States of America:
[Notfn. No. 108/00-Cus., dt. 4.8.2000]
WHEREAS in the matter of import of Bisphenol-A, falling under Chapter 29 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from, the United States of America, the Designated Authority vide its final findings, published in the Gazette of India Extraordinary, Part I, Section 1, dated the 29th April, 1997, had come to the conclusion that-
(a) Bisphenol-A originating in, or exported from, the United States of America has been exported to India below normal value, resulting in dumping;
(b) The domestic industry has suffered material injury;
(c) The injury has been caused to the domestic industry by the exports originating in, or exported from, the United States of America;
AND WHEREAS on the basis of the aforesaid findings of the Designated Authority, the Central Government has imposed anti-dumping duty vide notification No. 40/97-Customs, dated the 29th April, 1997 (G.S.R. 234 (E), dated the 29th April, 1997) published in Part II, Section 3 Sub-section (i) of the Gazette of India Extraordinary, dated the 29th April, 1997;
AND WHEREAS on the basis of a request by M/s. First Inter Continental Corporation, the United States of America for review in terms of rule 22 of the Customs Tariff (Identification, Assessment and Collection of Antidumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 in respect of exports made by and the recommendation of designated authority vide notification No. 41/1/99-DGAD dated the 31st August, 1999 published in the Gazette of India, Extraordinary, Part I, Section I dated the 2nd September, 1999, the Central Government, vide notification No. 132/99-Customs, dated the 24th day of December, 1999 [published in the Gazette of India, Extraordinary, vide G.S.R. 819(E), dated the 24th day of December, 1999], had ordered that pending the outcome of the review initiated by the designated authority, Bisphenol-A exported, from the date of initiation of the said review to the date of completion of the said review by M/s First Inter Continental Corporation, the United States of America, when imported into India shall be subjected to provisional assessment and a Bank guarantee for the amount of duty calculated at the rate or Rs. 10,000 per metric tonne;
AND WHEREAS the Designated Authority vide its final findings in review, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 14th June, 2000 has recommended imposition of anti-dumping duty at the rate of Rs. 10,000 per metric tonne during the period of review from 31st August, 1999;
Now, therefore, in exercise of the powers conferred by sub-rule (2) of rule 22 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 after considering the aforesaid final findings in review of the Designated Authority, hereby rescinds the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 132/99-Customs, dated the 24th day of December, 1999 and orders that all provisional assessments of Bisphenol-A exported by M/s First Intercontinental Corporation, the United States of America and imported into India may be finalised, calculating the applicable anti-dumping duty at the rate of Rs. 10,000 per metric tonne, made in pursuance of aforesaid notification No. 132/99-Customs dated the 24th day of December, 1999, from the date of initiation of said review i.e. the 31st day of August, 1999.
Anti-dumping duty on Metronidazole originating in or exported from the People"s Republic of China:
[Notfn. No. 115/00-Cus., dt. 31.8.2000]
WHEREAS in the matter of import of Metronidazole, falling under sub-heading NO. 2933.29 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 vide its preliminary findings, published in the Gazette of India Extraordinary, Part I, Section 1, dated the 21th February, 2000, had come to the conclusion that-
(a) Metronidazole, originating in, or exported from, the People"s Republic of China has been exported to India below normal value, resulting in dumping;
(b) the Indian industry has suffered material injury
(c) 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 has imposed anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 44/2000-Customs, dated the 17th April, 2000, published in Part II, Section 3, Subsection (i) of the Gazette of India, Extraordinary, dated the 17th April, 2000 vide G.S.R. No. 39(E), dated the 17th April, 2000;
AND WHEREAS the Designated Authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 14th July, 2000 has come to the conclusion that -
(a) Metronidazole, originating in, or exported from, the People"s Republic of China, has been exported to India at a price below the normal value, thereby resulting in dumping;
(b) the domestic industry has suffered material injury
(c) the injury has been caused to domestic industry by dumping of the subject goods originating in, or exported from, the People"s Republic of China;
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 Metronidazole, falling under sub-heading No. 2933.29 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the People"s Republic of China, and imported into India, an anti-dumping duty at the rate which is to be calculated as the difference between the US dollar 12.27 per kilogramme and the landed value of such imported Metronidazole per Kilogramme.
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of provisional anti-dumping duty, i.e. the 17th April, 2000; and 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 sections 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 or 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 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.
Anti-dumping duty on Vitamin-C originating in or exported from Russia and the European Union:
[Notfn. No. 118/00-Cus., dt. 15.9.2000]
WHEREAS in the matter of import of Vitamin C, falling under sub-heading No. 2936.27 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from, Russia and the European Union, the Designated Authority vide its preliminary findings, published in the Gazette of India Extraordinary, Part I, Section 1, dated the 17th January, 2000, had come to the conclusion that-
(a) Vitamin C, originating in, or exported from, Russia and the European Union, has been exported to India below normal value, resulting in dumping;
(b) the Indian industry has suffered material injury
(c) the injury has been caused cumulatively by the imports from the subject country or territory;
AND WHEREAS on the basis of the aforesaid findings of the Designated Authority, the Central Government had imposed anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 28/2000-Customs, dated the 16th March, 2000, published in Part II, Section 3, Subsection (i) of the Gazette of India, Extraordinary, dated the 16th March, 2000 vide G.S.R.247(E), dated the 16th March, 2000;
AND WHEREAS the Designated Authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 8th August, 2000 has come to the conclusion that -
(a) Vitamin C, originating in, or exported from the subject country/territory, has been exported to India below normal value, thereby resulting in dumping;
(b) the domestic industry has suffered material injury
(c) the injury has been caused to domestic industry by dumping of the subject goods originating in, or exported from, Russia and European Union;
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 rule 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 Vitamin C, falling under sub-heading No. 2936.27 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, Russia and the European Union, and when exported by the exporters mentioned in column (3) of the Table annexed hereto, and imported into India, an anti-dumping duty at the rate which is to be calculated as the difference between amount mentioned in column (4) of the said Table and the landed value of such imported Vitamin C per Kilogramme.
TABLE
| S. No. | Country/Territory | Exporter | Amount
(in US $ per Kilogramme) |
|---|
| (1) | (2) | (3) | (4) |
|---|
| 1. | Russia | All exporters | 12.67 |
| 2. | European Union | (i) M/s BASF, Germany (Subject goods originating from M/s BASF Health & Nutrition, Denmark | 11.29 |
| (ii) other exporters | 12.67 |
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of provisional anti-dumping duty, i.e. the 16th March, 2000; and 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 sections 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 or 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 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.
Anti Dumping duty on Aniline originating in or exported from Japan and the United States of America:
[Notfn. No. 128/00-Cus., dt. 6.10.2000]
WHEREAS in the matter of import of Aniline, falling under sub-heading No. 2921.41 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from, Japan and the Unites States of America, the Designated Authority vide its preliminary findings, published in the Gazette of India Extraordinary, Part I, Section 1, dated the 8th March, 2000, had come to the conclusion that-
(a) Aniline, originating in, or exported from, Japan and the Unites States of America, has been exported to India below normal value, resulting in dumping;
(b) the Indian industry has suffered material injury;
(c) the injury has been caused cumulatively by the imports from the subject countries;
AND WHEREAS on the basis of the aforesaid findings of the Designated Authority, the Central Government has imposed anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 41/2000-Customs, dated the 10th April, 2000, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide No. G.S.R. 325(E), dated the 10th April, 2000;
AND WHEREAS the Designated Authority vide its final findings published in the Gazette of India Extraordinary, Part I, Section 1, dated the 31th August, 2000 has come to the conclusion that-
(a) Aniline, originating in, or exported from, Japan and the Unites States of America, has been exported to India below normal value, resulting in dumping;
(b) the Indian industry has suffered injury;
(c) the injury has been caused by imports from the subject countries;
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 amd 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 findings of the Designated Authority, hereby imposes on Aniline, falling under sub-heading No. 2921.41 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, Japan and the United States of America, and when exported by the exporters mentioned in column (3) of the Table annexed hereto, and imported into India, an anti-dumping duty at the rate mentioned in column (4) of the said Table.
TABLE
| S. No. | Country | Name of the Producer/Exporter | Amount of duty
(in US dollars per KG) |
|---|
| (1) | (2) | (3) | (4) |
|---|
| 1. | Japan | (a) Sumitomo Chemical Co. Ltd. | 0.064 |
| (b) All other exporters | 0.18 |
| 2. | United States of America | (a) M/s E.I. dupoint de Nemours & Co. | 0.20 |
| (b) All other exporters | 0.20 |
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 10th April, 2000; and be paid in Indian currency.
Explanation : For the purposes of this notification, "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, 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.
Anti Dumping duty on Phthalic Anhydride originating in or exported from Indonesia:
[Notfn. No. 148/00-Cus., dt. 20.12.2000]
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-
(a) Phthalic Anhydride, originating in, or exported from, Indonesia, has been exported to India below normal value, resulting in dumping;
(b) the Indian industry has suffered material injury;
(c) 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 has imposed 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, Subsection (i) of the Gazette of India, Extraordinary, dated the 23rd May, 2000 vide G.S.R.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 -
(a) Phthalic Anhydride, originating in, or exported from, Indonesia, has been exported to India below its normal value, thereby resulting in dumping;
(b) the domestic industry has suffered material injury
(c) 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 rule 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 $ 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 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.
Anti Dumping duty on Theophylline and Caffeine originating in or exported from the Peoples Republic of China:
[Notfn. No. 3/2001-Cus., dt. 22.1.2001]
WHEREAS the designated authority vide notification published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 3rd day of March, 2000, had initiated review in the matter of continuation of anti-dumping duty on Theophylline and Caffeine, originating in, or exported from, People"s Republic of China, imposed vide notification No.14/99-Customs, dated the 5th February, 1999 and had requested for suitable extension of antidumping duty, pending the results of the review investigations;
AND WHEREAS the Central Government has extended the anti-dumping duty imposed on Theophylline and Caffeine, originating in, or exported from, People"s Republic of China vide notification No. 29/2000-Customs, dated the 16th March, 2000, upto and inclusive of 19th March 2001, unless the notification is revoked earlier;
AND WHEREAS the Designated Authority vide notification published in Part I of the Gazette of India, Extraordinary, dated the 1st December, 2000 has come to conclusion that-
(a) Theophylline and Caffeine, originating in, or exported from, the People"s Republic of China, has been exported below its normal value;
(b) the domestic industry has suffered injury from dumped imports of subject goods from the People"s Republic of China;
(c) the injury to the domestic industry would get intensified from imports from the People"s Republic of China, in case the anti-dumping duty in force is removed;
Now, therefore, in exercise of the powers conferred by sub-section (1) and (5) of the said Customs Tariff Act, 1975 (51 of 1975), read with rule 23 of the Customs Tariff (Identification, Assessment and Collection of Antidumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government, on the basis of the aforesaid findings of the Designated Authority, hereby imposes on Theophylline and Caffeine, falling under Chapter 29 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the People"s Republic of China, and imported into India, an anti-dumping duty at the rate mentioned in column (3) of the Table below.
TABLE
| S. No. | Name of the Product | Amount of duty
(in US $ per kilogramme) |
|---|
| (1) | (2) | (3) |
|---|
| 1. | Theophylline | 5.71 |
| 2. | Caffeine | 6.86 |
Explanation : For the purposes of this notification, "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 or 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.
Anti Dumping duty on 3,4,5 Trimethoxy Benzaldehyde originating in or exported from the People"s Republic of China:
[Notfn. No. 11/01-Cus., dt. 31.1.2001]
WHEREAS the designated authority vide notification published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 16th day of March, 2000, had initiated review in the matter of continuation of antidumping duty on 3,4,5 Trimethoxy Benzaldehyde originating in, or exported from, the People"s Republic of China, imposed vide notification No. 46/99-Customs, dated the 29th April, 1999 [G.S.R.293(E), dated the 29th April, 1999] and had requested for suitable extension of anti-dumping duty, pending the result of the review investigations;
AND WHEREAS the Central Government has extended the anti-dumping duty imposed on 3,4,5 Trimethoxy Benzaldehyde originating in, or exported from, the People"s Republic of China, vide notification No. 30/2000- Customs, dated the 16th March 2000 (G.S.R 250 (E), dated the 16th March 2000) and notification No. 121/2000-Customs, dated the 19th September, 2000 [G.S.R.732(E), dated the 19th September, 2000] upto and inclusive of 19th March, 2001, unless the notification is revoked earlier.
AND WHEREAS the Designated Authority vide notification published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 20th December, 2000 has concluded that-
(a) 3,4,5 Trimethoxy Benzaldehyde originating in, or exported from, the people"s Republic of China, has been exported below its normal value;
(b) The domestic industry would suffer material injury in case the anti-dumping duty in force is removed;
(c) The injury to the domestic industry would be caused by imports from the People"s Republic of China, in case the anti-dumping duty in force is removed;
(d) Cessation of existing anti-dumping duty on imports of 3,4,5 Trimethoxy Benzaldehyde from the People"s Republic of China is likely to lead to continuation or recurrence of injury to the domestic industry;
Now, therefore, in exercise of the powers conferred by sub-section (1) and (5) of section 9A of the said Customs Tariff Act, read with rule 23 of the Customs Tariff (identification, Assessment and Collection of Antidumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government after considering the aforesaid findings of the designated authority, hereby imposed on 3,4,5 Trimethoxy Benzaldehyde, falling under Chapter 29 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the People"s Republic of China, and imported into India, an anti-dumping duty at the rate of US $ 4.31 per kilogramme.
Explanation : For the purposes of this notification, "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 or 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.
Anti-dumping duty on Aniline originating in or exported from the European Union:
[Notfn. No. 71/01-Cus., dt. 26.6.2001]
WHEREAS in the matter of import of Aniline falling under sub-heading No. 2921.41 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the European Union, the designated authority, vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 21st November, 2000, had come to the conclusion that
(a) Aniline, originating in, or exported from, the European Union, has been exported to India below normal value, resulting in dumping;
(b) the Indian industry has suffered material injury;
(c) the injury has been caused by the imports from the European Union;
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. 155/2000–Customs, dated the 26th December, 2000, [G.S.R. 935(E), dated the 26th December, 2000] published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 26th December, 2000;
AND WHEREAS the designated authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 28th May, 2001 has come to the conclusion that -
a. Aniline, originating in, or exported from, the European Union has been exported to India below its normal value, resulting in dumping;
b. the Indian industry has suffered material injury;
c. the injury has been caused by imports from the European Union;
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 said Aniline, falling under sub-heading No. 2921.41 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the European Union, and imported into India, an anti-dumping duty at the rate of US $ 0.342 per kilogramme.
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 26th December, 2000, and shall 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 subclause (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.
Anti-dumping duty on Theophylline and Caffeine originating in or exported from, the European Union:
[Notfn. No. 82/01-Cus., dt. 30.7.2001as amended by 135/01-Cus., dt. 31.12. 2001]
WHEREAS in the matter of import of Theophylline and Caffeine, falling under Chapter 29 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the European Union, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 2nd January, 2001 had come to the conclusion that -
(a) Theophylline and Caffeine originating in, or exported from, the European Union, have been exported to India below normal value;
(b) the Indian industry has suffered material injury;
(c) the injury has been caused by imports from the European Union;
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. 9/2001–Customs, dated the 31st January, 2001 [G.S.R. 46(E), dated the 31st January, 2001], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 31st January, 2001;
AND WHEREAS the designated authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 26th June, 2001 has come to the conclusion that -
(a) Theophylline and Caffeine originating in, or exported from, the European Union, have been exported to India below normal value;
(b) the Indian industry has suffered material injury;
(c) the injury has been caused by imports from the European Union;
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the said Customs Tariff Act, read with 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 Theophylline and Caffeine, falling under sub-heading Nos. 2939.59 and 2939.30 respectively, of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the European Union, and when imported into India, an antidumping duty at the rate which is to be calculated as the difference between the amount mentioned in column (3) of the Table below and the landed value of such imported Theophylline and Caffeine per metric tonne.
Table
| Name of the territory/country | Name of the product | Amount
(in US dollar per metric tonne) |
|---|
| (1) | (2) | (3) |
|---|
| European Union (all member countries) | (i) Theophylline, its salts and its derivatives | 10686 |
| (ii) Caffeine, its salts and its derivatives | 11486 |
| (iii) Caffeine (100% purity) | 11486 |
| (iv) Natural crude Caffeine (with Caffeine content less than 100%) | 11486, reduced in proportion to the Caffeine content |
Illustration.- For natural crude Caffeine, with Caffeine content of 50%, the amount mentioned in column (3) above, shall be taken as 50% of US $ 11486, i.e. US $ 5743.
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 31st January, 2001, and 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 under sub-clause (i) of clause (a) of sub-section (3) of section 14 of the said Customs Act, 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.
Anti-dumping duty on Pure Terephthalic Acid (PTA) originating in or exported from Japan and Spain.
[Notfn. No. 90/01-Cus., dt. 6.09.2001]
WHEREAS in the matter of import of Pure Terephthalic Acid (PTA), falling under Chapter 29 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Japan, Malaysia, Spain and Taiwan, the designated authority vide its final findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 20th April, 2000 had come to the conclusion that -
(a) there has been no import of Pure Terephthalic Acid (PTA) from Taiwan during the period of investigation, i.e. 1st April, 1998 to 31st December, 1998;
(b) Pure Terephthalic Acid (PTA) originating in, or exported from, Japan, Malaysia and Spain has been exported below normal value resulting in dumping;
(c) the Indian industry has suffered material injury;
(d) however, the causal link between the product and injury has not been established in the case of the known exporters from the subject countries except in the case of M/s Interquisa, Spain;
AND WHEREAS on the basis of the aforesaid final findings of the designated authority, the Central Government has imposed anti-dumping duty vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.82/2000-Customs, dated the 30th May, 2000 [G.S.R.504 (E), dated the 30th May, 2000] published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 30th May, 2000;
AND WHEREAS the Customs, Excise and Gold (Control) Appellate Tribunal (hereinafter referred to as the Tribunal), in its final order No.44-45/2000-AD, dated the 29th November, 2000 has ordered modifications in the anti-dumping duties imposed vide aforesaid notification No.82/2000-Customs dated the 30th May, 2000;
AND WHEREAS the designated authority has accepted the above order of the Tribunal dated the 29th November, 2000;
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, read with 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 and in supersession of the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.82/2000- Customs dated the 30th May, 2000 [G.S.R.504 (E), dated the 30th May, 2000], the Central Government hereby imposes on Pure Terephthalic Acid (PTA), falling under Chapter 29 of the First Schedule to the said Customs Tariff Act, originating in, or exported from countries specified in column (2) of the Table below, exported by exporters or producers specified in the corresponding entry in column (3) of the said Table and imported into India, an anti-dumping duty at the rate specified in column (4) of the said Table.
Table
| S. No. | Country | Exporter/Producer | Amount of duty
(US $ per metric tonne) |
|---|
| (1) | (2) | (3) | (4) |
|---|
| 1 | Spain | (a) M/s Interquisa | 19.90 |
| (b) All others | 19.90 |
| 2 | Japan | (a) M/s Mitsui Chemicals | 7.11 |
| (b) M/s Mitsubishi Corporation | Nil |
| (c) All others | 7.11 |
2. The anti-dumping duty shall be payable in Indian currency.
Explanation.- For the purposes of this notification, the 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 subclause (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.
Anti-dumping duty on Oxo-Alcohols originating in, or exported from Poland, South Korea, Indonesia, Saudi Arabia, Russia, Iran, United States of America and the European Union:
[Notfn. No. 98/01-Cus., dt. 26.9.2001]
WHEREAS in the matter of import of Oxo-alcohols, falling under heading No. 29.05 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Poland, South Korea, Indonesia, Saudi Arabia, Russia, Iran, United States of America and the European Union, the designated authority, vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 17th July, 2000 had come to the conclusion that -
(a) Oxo-alcohol (Normal Butanol, Iso Butanol, Iso Decanol, Iso Octanol, 2-Ethyl Hexanol and Normal Hexanol only), originating in, or exported from, Poland, South Korea, Indonesia, Saudi Arabia, Russia, Iran, United States of America and the European Union have been exported below normal value, resulting in dumping;
(b) the Indian industry has suffered material injury;
(c) the injury has been caused cumulatively by the dumped imports from the subject countries;
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. 109/2000–Customs, dated the 18th August, 2000, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 18th August, 2000 vide G.S.R. 667 (E), dated the 18th August, 2000;
AND WHEREAS the Customs, Excise and Gold (Control) Appellate Tribunal (hereinafter referred to as the Tribunal), in its final order No.5-7/2001 AD, dated the 11th April, 2001 in Appeal Nos C/407/2000-AD, C/411/2000-AD and C/412/2000-AD ( in the matter of Ms Oxy Alcohols Industries Association and others vs Designated Authority) has held that “ the appeals are disposed of by amending the table attached to notification No.109/2000-Customs, dated the 18th August 2000 by fixing anti-dumping duty of US$ 38 per metric tonne on goods mentioned in Column 5 thereto , originating in or exported from Saudi Arabia and by deleting Normal Hexanol from the goods included in the said column(5)”.
AND WHEREAS the designated authority has accepted the aforesaid findings of the Tribunal dated the 11th April, 2001;
Now therefore, in exercise of the powers conferred by sub-section (1) 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, and in supersession of the notification of the Government of India, in the Ministry of Finance( Department of Revenue) No 109/2000-Customs dated the 18th August, 2000, [ G.S.R. 667 (E) dated the 18th August, 2000], except as respects things done or omitted to be done before such supersession , the Central Government, hereby imposes on Oxo-alcohols (Normal Butanol, Iso Butanol, 2-Ethyl Hexanol, Iso Decanol, and Iso Octonol only), falling under heading No. 29.05 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the countries as mentioned in column (2) of the Table annexed hereto, and imported into India, an anti-dumping duty-
(a) on Normal Butanol at the corresponding rate specified in column (3) of the said Table;
(b) on Iso Butanol at the corresponding rate specified in column (4) of the said Table;
(c) on 2-Ethyl Hexanol, Iso Decanol, and Iso Octonol at the corresponding rate specified in column (5) of the said Table.
TABLE
| S. No. | Country/Territory | Normal Butanol | Iso Butanol | 2-Ethyl Hexanol, Iso Decanol, Iso Octonol, |
|---|
| | | Amount of duty (US dollars per metric tonne) | Amount of duty (US dollars per metric tonne) | Amount of duty (US dollars per metric tonne) |
|---|
| (1) | (2) | (3) | (4) | (5) |
|---|
| 1 | Poland | 44 | 165 | 165 |
| 2 | South Korea | 115 | 187 | 252 |
| 3 | Russia | 67 | 97 | 97 |
| 4 | Iran | 79 | 136 | 136 |
| 5 | United States of America | 58 | NIL | 87 |
| 6 | European Union | 145 | 204 | 121 |
| 7 | Indonesia | 197 | 194 | 197 |
| 8 | Saudi Arabia | 47 | 47 | 38 |
2. The anti-dumping duty imposed under this notification shall be payable in Indian currency.
Explanation..- For the purposes of this notification, rate of exchange applicable for the purposes of calculation of the 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 subclause (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.
Anti-dumping duty on Analgin originating in or exported from the People"s Republic of China and Taiwan:
[Notfn. No. 101/01-Cus., dt. 8.10.2001]
WHEREAS in the matter of import of Analgin, falling under Chapter 29 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from the People’s Republic of China and Taiwan, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7th March, 2001 had come to the conclusion that -
(a) Analgin originating in, or exported from, the People’s Republic of China and Taiwan, have been exported to India below its normal value, resulting in dumping;
(b) the domestic industry has suffered material injury;
(c) the injury has been caused cumulatively by the imports from the subject countries;
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. 38/2001–Customs, dated the 9th April, 2001, published in Part II, Section 3, Subsection (i) of the Gazette of India, Extraordinary, dated the 9th April, 2001 vide No. G.S.R.251(E), dated the 9th April, 2001;
AND WHEREAS the designated authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 12th September, 2001 has come to the conclusion that -
(a) Analgin and most commonly used synonyms of Analgin like Dipyrone, Metamizole, Methampyrone, originating in or exported from China PR & Taiwan has been exported to India below normal value resulting in dumping;
(b) The domestic industry has suffered material injury;
(c) The injury has been caused cumulatively by the imports from the subject countries;
Now, therefore, in exercise of powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act read with rules 18 and 20 of the Customs Tariff (Identification, Assessment and Collection of Antidumping 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 Analgin and most commonly used synonyms of Analgin like Dipyrone, Metamizole, Methampyrone, as described under entry number 3369 of MERCK INDEX , falling under Chapter 29 of the First Schedule to the said Customs Tariff Act, originating in, or exported from the countries specified in column (1) of the Table annexed hereto, and imported into India, by the exporters specified in the corresponding entry in column (2) of the said Table, an anti-dumping duty at the rate specified in the corresponding entry in column (3) of the said Table
TABLE
| Name of the Country | Name of the Exporter | Amount (US $ /Kg) |
|---|
| (1) | (2) | (3) |
|---|
| People’s Republic of China | All Exporters | 2.592 |
| Taiwan | All Exporters | 2.860 |
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 9th April, 2001 and be paid in Indian currency .
Explanation.- For the purposes of this notification, the 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, 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.
Anti-dumping duty on Choline Chloride, originating in or exported from People"s Republic of China and the European Union:
[Notfn. No. 5/02-Cus., dt. 14.1.2002]
WHEREAS in the matter of import of Choline Chloride, falling under sub-headings 2309.90 or 2923.10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of China and the European Union, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 23rd February, 2001 had come to the conclusion that -
(a) Choline Chloride, in all forms, originating in, or exported from, the People’s Republic of China and the European Union, have been exported to India below their normal value;
(b) the domestic industry has suffered material injury by way of decline in its market share and financial losses due to depressed net sales realization on account of price depression caused by low landed prices of the dumped Choline Chloride;
(c) the injury has been caused to the domestic industry by dumping of the Choline Chloride, originating in, or exported from, the People’s Republic of China and the European Union;
AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on the said Choline Chloride vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.34/2001-Customs, dated the 30th March, 2001, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 30th March, 2001 vide No. G.S.R. 230(E), dated the 30th March, 2001;
AND WHEREAS the designated authority vide its final findings published in the the Gazette of India, Extraordinary, Part I, Section 1, dated the 27th November, 2001 has come to the conclusion that –
(a) Choline Chloride, in all forms, originating in, or exported from, the People’s Republic of China and the European Union, have been exported to India below their normal value;
(b) the domestic industry has suffered material injury by way of decline of depressed net sales realization on account of price suppression caused by low landed prices of the dumped Choline Chloride from the People’s Republic of China and the European Union leading to financial losses;
(c) the injury has been caused to the domestic industry by dumping of the Choline Chloride, originating in, or exported from, the People’s Republic of China and the European Union;
Now, therefore, in exercise of 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 Choline Chloride of all forms, grades and concentration, falling under sub-headings 2309.90 or 2923.10 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, country or territory specified in column (2) of the Table annexed hereto and exported by exporters mentioned in column (3) of the said Table, and when imported into India, an anti-dumping duty at the rate specified in the corresponding entry in column (4) of the said Table.
TABLE
| S. No. | Name of the Country Territory | Name of exporter/producer | Amount of duty (US $ per metric tonne for Choline Chloride of all forms and grades and of 100% concentration) |
|---|
| (1) | (2) | (3) | (4) |
|---|
| 1. | European Union | (a) M/s Akzo Nobel Chemicals S.p.A., Italy and M/s Akzo Nobel Functional Chemical BV, Netherlands | 171.50 |
| (b) All other exporters and producers | 346.80 |
| 2. | People"s Republic of China | All exporters and producers | 489.33 |
Note.- The rate of anti-dumping duty for Choline Chloride of all forms and grades of concentration other than 100% shall be worked out on pro rata basis.
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of provisional anti-dumping duty, i.e. 30th March, 2001, 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, (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.