Anti-dumping duty on Paracetamol, originating in or exported from People"s Republic of China and Taiwan
[Notfn. No. 29/02-Cus., dt. 27.3.2002]
WHEREAS in the matter of import of Paracetamol falling under sub-heading 2922.29 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 16th April, 2001, had come to the conclusion that -
(a) Paracetamol originating in, or exported from, the People’s Republic of China and Taiwan, has been exported to India below normal value, resulting in dumping;
(b) the domestic industry has suffered injury;
(c) the injury has been caused by the imports from the People’s republic of China and Taiwan;
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 Paracetamol vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 89/2001–Customs, dated the 6th September, 2001, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 6th September, 2001 vide G.S.R. No.647(E), dated the 6th September, 2001;
AND WHEREAS the designated authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 22nd January, 2002 has come to the conclusion that -
(a) Paracetamol originating in, or exported from, the People’s Republic of China and Taiwan, has been exported to India below normal value, resulting in dumping;
(b) the domestic industry has suffered injury;
(c) the injury has been caused by the imports from the People’s republic of China and Taiwan;
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 Paracetamol, falling under sub-heading 2922.29 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, countries mentioned in column (2) 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 the amount mentioned in the corresponding entry in column (3) of the said Table and landed value of such imported Paracetamol per Kilogramme.
TABLE
| S.No. | Name of the country | Amount
(in $ US per Kilogramme) |
|---|
| (1) | (2) | (3) |
|---|
| 1. | People’s Republic of China | 3.33 |
| 2. | Taiwan | 3.33 |
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 6th September, 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 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.
Anti-dumping duty on 2-MNI, originating in or exported from People"s Republic of China
[Notfn. No. 30/02-Cus., dt. 27.3.2002]
WHEREAS in the matter of import of 2-Methyl (5) Nitro Imidazole, commonly known as 2-MNI, 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 3rd May, 2001, had come to the conclusion that -
(a) 2-MNI 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 injury;
(c) the injury has been caused by imports from the People’s Republic of China;
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 2-MNI vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 79/2001–Customs, dated the 18th July, 2001, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 18th July, 2001 vide G.S.R. No. 542 (E), dated 18th July, 2001;
AND WHEREAS the designated authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 5th February, 2002 has come to the conclusion that -
(a) 2-MNI, 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) injury has been caused by imports 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 the said 2-Methyl (5) Nitro Imidazole, commonly known as 2-MNI, 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, an anti-dumping duty which is to be calculated as the difference between US $ 4.32 per Kilogramme and the landed value of such imported 2-MNI 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 18th July, 2001; 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 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.
Anti-dumping duty on Hexamine, originating in or exported from Saudi Arabia and Russia:
[Notfn. No. 31/02-Cus., dt. 27.3.2002]
WHEREAS in the matter of import of Hexamine, falling under sub-heading 2921.29 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Saudi Arabia and Russia, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 15th May, 2001 had come to the conclusion that -
(a) Hexamine, originating in, or exported from, Saudi Arabia and Russia, 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 by imports from Saudi Arabia and Russia;
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. 74/2001–Customs, dated the 28th June, 2001, published in Part II, Section 3, Subsection (i) of the Gazette of India, Extraordinary, dated the 28th June, 2001 vide G.S.R. 489(E), dated 28th June, 2001;
AND WHEREAS the designated authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 18th February, 2002 has come to the conclusion that -
(a) Hexamine, originating in, or exported from, Saudi Arabia and Russia, has been exported to India below normal value, resulting in dumping;
(b) the domestic industry has suffered material injury;
(c) injury suffered by the domestic industry and the dumped imports from the subject goods countries i.e. Saudi Arabia and Russia;
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 Hexamine, falling under sub-heading 2921.29 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the countries specified in column (2) of the Table annexed below, and exported by exporters specified in column (3) of the said Table, and 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 | Name of the exporter/producer | Amount of duty (in US $ per metric tonne) |
|---|
| (1) | (2) | (3) | (4) |
|---|
| 1. | Saudi Arabia | (a) M/s Saudi Formaldehyde Chemical Company Ltd. | 78.6 |
| (b) All other producers/exporters | 130.98 |
| 2. | Russia | All producers/exporters | 3.77 |
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 28th June, 2001; 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 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 Vitamin AD3 500/100 originating in or exported from the European Union and Singapore:
[Notfn. No. 53/02-Cus., dt. 21.5.2002]
WHEREAS in the matter of import of Vitamin AD3 500/100 falling under Chapter 23 or 29 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the European Union and Singapore, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 6th June, 2001, had come to the conclusion that -
(a) Vitamin AD3 500/100 originating in, or exported from, the European Union and Singapore, 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 imports from the European Union and Singapore;
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 Vitamin AD3 500/100 vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 76/2001–Customs, dated the 11th July, 2001, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 11th July, 2001 vide No. G.S.R. 521(E), dated the 11th July, 2001;
AND WHEREAS the designated authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 18th March, 2002, has come to the conclusion that -
(a) Vitamin AD3 500/100, in all forms, originating in, or exported from, the European Union and Singapore, have been exported to India below normal value except in case of exports effected by M/s BASF Aktiengesellschaft, Germany through M/s BSEA, Singapore;
(b) the domestic industry has suffered material injury;
(c) the injury has been caused to the domestic industry by dumping of Vitamin AD3 500/100 originating in, or exported from, the European Union and Singapore;
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 the said Vitamin AD3 500/100 falling under Chapter 23 or 29 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the European Union and Singapore, 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 the amount mentioned in column (4) of the said Table and the landed value of such imported Vitamin AD3 500/100 per Kilogramme.
TABLE
| S. No. | Name of Country/Territory | Name of the Producer/Exporter | Amount (in US $ per Kilogramme) |
|---|
| (1) | (2) | (3) | (4) |
|---|
| 1. | European Union | All exporters/producers (other than M/s BASF Aktiengesellschaft, Germany through M/s BSEA, Singapore) | 41.13 |
| 2 | Singapore | All other exporters/producers | 41.13 |
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 11th July, 2001 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; and
(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 Diclofenac sodium, Originating in or exported from People"s Republic of China:
[Notfn. No. 76/02-Cus., dt. 8.8.2002]
WHEREAS in the matter of import of Diclofenac Sodium, falling under heading 29.42 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 31st October, 2001, had come to the conclusion that -
(a) Diclofenac Sodium had been exported to India from the People"s Republic of China below its normal value;
(b) the Indian industry had suffered injury and there was threat of more injury being inflicted on domestic industry;
(c) the injury had been caused by the dumped imports from the People"s Republic of China;
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. 13/2002 Customs, dated the 7th February, 2002, [G.S.R. 89(E), dated the 7th February, 2002] published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 7th February, 2002;
AND WHEREAS the designated authority, vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 25th June, 2002 has come to the conclusion that -
(a) Diclofenac Sodium has been exported to India from the People"s Republic of China below its normal value;
(b) the Indian industry has suffered injury ;
(c) the injury has been caused by the dumped imports from the People"s Republic of China;
AND WHEREAS the designated authority has recommended imposition of definitive anti-dumping duty on all imports of Diclofenac Sodium, originating in, or exported from, the People"s Republic of China;
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 Diclofenac Sodium, falling under heading 29.42 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$ 3.06 per kilogram.
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 7th February 2002, and shall 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 & Company Affairs (Department of Revenue), issued from time to time, in exercise of the powers conferred by 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.
Anti-Dumping duty on Trimethoprim originating in or exported from People"s Republic of China:
[Notfin. No. 89/02-Cus., dt. 3.9.2002]
WHEREAS in the matter of import of Trimethoprim falling under sub-heading 2933.59 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, 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 7th September, 2001, had come to the conclusion that -
(a) Trimethoprim, originating in, or exported from, People’s Republic of China had been exported to India below normal value, resulting in dumping;
(b) the domestic industry had suffered injury;
(c) the injury had been caused by the imports from People’s Republic of China;
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. 3/2002–Customs, dated the 9th January, 2002, [G.S.R. 15(E), dated the 9th January, 2002], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 9th January, 2002;
AND WHEREAS the designated authority, vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 15th July, 2002 has come to the conclusion that -
(a) Trimethoprim, originating in, or exported from, People’s Republic of China has been exported to India below normal value, resulting in dumping;
(b) the domestic industry has suffered material injury;
(c) the material injury has been caused by the imports from People’s Republic of China;
AND WHEREAS the designated authority has recommended, in the said findings, the imposition of definitive anti-dumping duty on all imports of the said Trimethoprim;
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 all imports of Trimethoprim, falling under sub-heading 2933.59 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the country specified in column (2) of the Table below, and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between the amount specified in column(3) of the said Table and the landed value, in US $ per kilogram, of such imported Trimethoprim.
Table
| S. No | Name of the Country | Amount (US$ per kilogramme) |
|---|
| (1) | (2) | (3) |
|---|
| 1 | People’s Republic of China | 19.71 |
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 January, 2002, 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 sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act; and
(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 and Company Affairs (Department of Revenue), issued from time to time, in exercise of the powers conferred by 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 Pentaerythritol, originating in, or exported from Canada, Japan and Taiwan:
[Notfn. no. 119/02-Cus., dt. 31.10.2002]
WHEREAS in the matter of import of Pentaerythritol, falling under sub-heading 2905.42 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Canada, Japan and Taiwan, the designated authority vide its preliminary findings notification No.47/1/2001-DGAD dated the 15th February, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 16th February, 2002, had come to the conclusion that -
(a) Pentaerythritol, originating in, or exported from, Canada, Japan and Taiwan, had been exported to India below normal value, resulting in dumping;
(b) the Indian industry had suffered material injury from exports of Pentaerythritol from Canada, Japan and Taiwan; and
(c) the injury had been caused cumulatively by the dumped imports from Canada, Japan and Taiwan;
AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on Pentaerythritol vide notification of the Government of India in the erstwhile Ministry of Finance (Department of Revenue), No. 33/2002–Customs, dated the 27th March, 2002, [G.S.R. 230 (E), dated the 27th March, 2002], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 27th March, 2002;
AND WHEREAS the designated authority, vide its final findings notification No.48/1/2001-DGAD, dated the 8th October, 2002 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 8th October, 2002 has come to the conclusion that -
(a) Pentaerythritol, originating in, or exported from, Canada, Japan and Taiwan, has been exported to India below normal value, resulting in dumping;
(b) the Indian industry has suffered material injury from exports of Pentaerythritol from Canada, Japan and Taiwan;
(c) the injury has been caused cumulatively by the dumped imports from Canada, Japan and Taiwan;
and has recommended the imposition of definitive anti-dumping duty on all imports of the said Pentaerythritol, originating in, or exported from, Canada, Japan and Taiwan;
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 all imports of Pentaerythritol, falling under sub-heading 2905.42 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the countries specified in column (2) of the Table below and imported into India, an anti-dumping duty at a rate which is specified in the corresponding entry in column(3) of the said Table.
TABLE
| S.No. | Name of the Country | Rate of anti-dumping duty
(US $ per metric tonne) |
|---|
| (1) | (2) | (3) |
|---|
| 1. | Canada | 122.40 |
| 2. | Japan | 183.60 |
| 3. | Taiwan | 257.60 |
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 27th March, 2002, 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 and Company Affairs (Department of Revenue), issued from time to time, in exercise of the powers conferred by 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
Anti-dumping duty on D(-) Para Hydroxy Phenyl Glycine Base originating in or exported from People"s Republic of China and Singapore:
[Notfn. No. 122/02-Cus., dt. 31.10.2002]
WHEREAS in the matter of import of D (-) Para Hydroxy Phenyl Glycine Base, falling under subheading 2942.00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, People’s Republic of China and Singapore, the designated authority vide its preliminary findings notification No. 51/1/2001-DGAD dated the 31st December, 2001, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 31st December, 2001, had come to the conclusion that -
(a) D(-) Para Hydroxy Phenyl Glycine Base had been exported to India from People’s Republic of China and Singapore below its normal value;
(b) the Indian industry had suffered material injury and is facing threat of further injury;
(c) the domestic industry, on account of the injury being suffered, was suffering material retardation in the establishment of new industry to manufacture D (-) Para Hydroxy Phenyl Glycine Base;
(d) the injury had been caused cumulatively by the imports from People’s Republic of China and Singapore;
AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on D (-) Para Hydroxy Phenyl Glycine Base vide notification of the Government of India in the erstwhile Ministry of Finance (Department of Revenue), No. 18/2002–Customs, dated the 15th February, 2002, [G.S.R. 102(E), dated the 15th February, 2002], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 15th February, 2002;
AND WHEREAS the designated authority, vide its final findings notification No. 51/1/2001-DGAD, dated the 20th September, 2002 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 20th September, 2002 has come to the conclusion that -
(a) D (-) Para Hydroxy Phenyl Glycine Base has been exported to India from People’s Republic of China and Singapore below its normal value;
(b) the Indian industry has suffered material injury and is facing threat of further injury;
(c) the domestic industry, on account of the injury being suffered, is suffering material retardation in the establishment of new industry to manufacture D (-) Para Hydroxy Phenyl Glycine Base;
(d) the injury has been caused cumulatively by the imports from People’s Republic of China and Singapore;
and has recommended the imposition of definitive anti-dumping duty on all imports of the said D(-) Para Hydroxy Phenyl Glycine Base originating in, or exported from, People’s Republic of China and Singapore;
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 all imports of D (-) Para Hydroxy Phenyl Glycine Base, also known as D (-) Alpha Para Hydroxy Phenyl Glycine, D (-) Alpha Para Hydroxy Phenyl Glycine Base, D (-) Para Hydroxy Phenyl Glycine, Para Hydroxy Phenyl Glycine Base, Para Hydroxy Phenyl Glycine, D (-) P - Hydroxy Phenyl Glycine Base or D (-) P - Hydroxy Phenyl Glycine, falling under sub-heading 2942.00 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the country specified in column (2) of the Table below, when exported by the exporters specified in the corresponding entry in column (3) of the said Table and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between the amount specified in the corresponding entry in column (4) of the said Table and the landed value, in US $ per kilogramme, of such imported D (-) Para Hydroxy Phenyl Glycine Base.
TABLE
| S. No. | Name of the country | Name of the exporter | Amount
( US$ per Kilogramme) |
|---|
| (1) | (2) | (3) | (4) |
|---|
| 1. | People’s Republic of China | All exporters | 22.42 |
| 2. | Singapore | M/s Kaneka Singapore Co. (Pte) Ltd. | 20.88 |
| 3. | Singapore | Other than that specified against S.No.2 | 22.42 |
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 15th February, 2002, 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 sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act; and
(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 and Company Affairs (Department of Revenue), issued from time to time, in exercise of the powers conferred by 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-dumpting duty on Vitamin AD3 500/100 originating in or exported from People"s Republic of China.
[Notifn. No.141/02-Cus., dt. 26.12.2002]
For anti-dumping duty on Vitamin AD3 500/100 falling under Ch.23 and Ch.29 originating in or exported from People"s Republic of China See Notifn. No.141/26.12.2002 under Chapter 23
Anti-dumping duty on Citric acid, originating in or exported from Indonesia and Thailand:
[Notfn. No. 38/03-Cus., dt. 4.3.2003]
WHEREAS in the matter of import of Citric acid, falling under sub-heading 2918.14 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Indonesia and Thailand, the designated authority vide its preliminary findings notification No.14/11/2002-DGAD dated the 14th June, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 14th June, 2002, had come to the conclusion that -
(a) Citric acid, originating in, or exported from, Indonesia and Thailand had been exported to India below normal value, resulting in dumping;
(b) the Indian industry had suffered material injury from exports of Citric Acid from Indonesia and Thailand;
(c) the injury had been caused cumulatively by the dumped imports from Indonesia and Thailand;
AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on Citric acid vide notification of the Government of India in the Ministry of Finance and Company Affairs (Department of Revenue), No. 86/2002–Customs, dated the 26th August, 2002, [G.S.R. 596 (E), dated the 26th August, 2002], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 26th August, 2002;
AND WHEREAS the designated authority, vide its final findings notification No.14/11/2002-DGAD dated the 17th January, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 21st January,2003, has come to the conclusion that -
(a) Citric acid, originating in, or exported from, Indonesia and Thailand has been exported to India below normal value, resulting in dumping;
(b) the Indian industry has suffered material injury on account of price undercutting, price suppression and significant increase in the volume of dumped imports of Citric acid from Indonesia and Thailand;
(c) the injury has been caused cumulatively to the domestic industry by the dumped imports from Indonesia and Thailand;
and has recommended the imposition of definitive anti-dumping duty on all imports of the said Citric acid, originating in, or exported from, Indonesia and Thailand;
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 all imports of Citric acid, falling under sub-heading 2918.14 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the countries specified in column (2) of the Table below and imported into India, an anti-dumping duty at a rate which is specified in the corresponding entry in column (3) of the said Table.
Table
| S. No. | Name of the Country | Rate of anti-dumping duty
(US $ per metric tonne) |
|---|
| (1) | (2) | (3) |
|---|
| 1. | Indonesia | 456.67 |
| 2. | Thailand | 374.36 |
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 August, 2002, 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 and Company Affairs (Department of Revenue), issued from time to time, in exercise of the powers conferred by 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.
Anti-dumping duty on Vitamin A Palmitate originating in or exported from European Union and Georgia:
[Notfn. No. 40/03-Cus., dt. 7.3.2003]
WHEREAS in the matter of import of Vitamin A Palmitate, falling under tariff item 2936 21 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, European Union, Singapore and Georgia, the designated authority vide its preliminary findings notification No.65/1/2001-DGAD dated the 30th April, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 1st May, 2002, had determined that -
(a) Vitamin A Palmitate, originating in, or exported from, European Union and Georgia had been exported to India below its normal value, resulting in dumping;
(b) the domestic industry had suffered material injury;
(c) the injury had been caused by imports from European Union and Georgia;
AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on Vitamin A Palmitate vide notification of the Government of India in the Ministry of Finance and Company Affairs (Department of Revenue), No. 80/2002–Customs, dated the 13th August, 2002, [G.S.R. 558 (E), dated the 13th August, 2002], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 13th August, 2002;
AND WHEREAS the designated authority, vide its final findings notification No.65/1/2001-DGAD dated the 23rd January, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 23rd January, 2003, has determined that –
(a) Vitamin A Palmitate, originating in, or exported from, European Union and Georgia has been exported to India below its normal value, resulting in dumping;
(b) the domestic industry has suffered material injury;
(c) injury suffered by the domestic industry is on account of the dumped imports from European Union and Georgia;
and has recommended the imposition of definitive anti-dumping duty on all imports of the said Vitamin A Palmitate, originating in, or exported from, European Union and Georgia;
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 all imports of Vitamin A Palmitate, falling under tariff item 2936 21 00 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the country or territory specified in column (2) of the Table given below, when exported by producers/exporters specified in column (3) of the said Table, and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between the amount specified in the corresponding entry in column (4) of the said Table and the landed value, in US $ per kilogram, of such imported Vitamin A Palmitate.
Table
| S. No. | Name of the country/territory | Name of the producer/exporter | Amount
(US$/kilogram) |
|---|
| (1) | (2) | (3) | (4) |
|---|
| 1. | European Union | All producers/exporters | 113.95 |
| 2. | Georgia | All producers/exporters | 113.95 |
Note:- The amounts specified in column (4) of the Table are applicable to Vitamin A Palmitate of strength 1.7MIU/g. The amount for the purposes of column (4), for Vitamin A Palmitate of strengths other than 1.7MIU/g, shall be calculated by dividing the amount specified in column (4) of the Table by 1.7 and multiplying the quotient by the strength of imported Vitamin A Palmiate in MIU/g.
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 13th August, 2002, 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 sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act; and
(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 and Company Affairs (Department of Revenue), issued from time to time, in exercise of the powers conferred by 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 Phenol originating in or exported from Singapore, South Africa and E.U.
For anti-dumping duty on Phenol falling under Ch.27 and Ch.29 originating in or exported from Singapore, South Africa & E.U. See Notifn. No.47/03-Cus., dt. 24.3.2003 under Ch.27
Anti-dumping duty on D(-) Para Hydroxy Phenyl Glycine Base originating in or exported from EU:
[Notfn. No. 71/03-Cus., dt. 1.5.2003]
WHEREAS in the matter of import of D (-) Para Hydroxy Phenyl Glycine Base, falling under sub-heading 2942 00 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 notification No. 14/6/2002-DGAD dated the 5th June, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 5th June, 2002, had come to the conclusion that -
(a) D(-) Para Hydroxy Phenyl Glycine Base had been exported to India from the European Union below its normal value;
(b) the Indian industry had suffered material injury and was facing threat of further injury;
(c) the domestic industry, on account of the injury being suffered, was facing material retardation in the establishment of new industry to manufacture D (-) Para Hydroxy Phenyl Glycine Base;
AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on D (-) Para Hydroxy Phenyl Glycine Base vide notification of the Government of India in the erstwhile Ministry of Finance (Department of Revenue), No. 68/2002–Customs, dated the 5th July, 2002, [G.S.R. 472(E), dated the 5th July, 2002], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 5th July, 2002;
AND WHEREAS the designated authority, vide its final findings notification No. 14/6/2002-DGAD dated the 7th March, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7th March, 2003 has come to the conclusion that -
(a) D (-) Para Hydroxy Phenyl Glycine Base has been exported to India from the European Union below its normal value;
(b) the Indian industry has suffered material injury;
(c) the domestic industry, on account of the injury being suffered, is also facing material retardation in the establishment of new industry to manufacture D (-) Para Hydroxy Phenyl Glycine Base;
(d) the material injury and material retardation is on account of dumped imports from the European Union;
and has recommended the imposition of definitive anti-dumping duty on all imports of the said D(-) Para Hydroxy Phenyl Glycine Base originating in, or exported 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 all imports of D (-) Para Hydroxy Phenyl Glycine Base, also known as D (-) Alpha Para Hydroxy Phenyl Glycine, D (-) Alpha Para Hydroxy Phenyl Glycine Base, D (-) Para Hydroxy Phenyl Glycine, Para Hydroxy Phenyl Glycine Base, Para Hydroxy Phenyl Glycine, D (-) P - Hydroxy Phenyl Glycine Base or D (-) P - Hydroxy Phenyl Glycine, falling under sub-heading 2942 00 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the European Union, by exporters or producers specified in column (2) of the Table given below, and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between the amount mentioned in the corresponding entry in column (3) of the said Table and the landed value, in US Dollar per kilogramme, of such imported D (-) Para Hydroxy Phenyl Glycine Base.
Table
| S.No. | Name of the exporter | Amount
(US Dollar per Kilogramme) |
|---|
| (1) | (2) | (3) |
|---|
| 1. | All exporters or producers other than, DSM Deretil, Spain | 21.60 |
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 5th July, 2002, 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 sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act; and
(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 and Company Affairs (Department of Revenue), issued from time to time, in exercise of the powers conferred by 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.