Notification No.40/2009-Customs dated 29.4.2009

Notification No.40/2009-Customs dated 29.4.2009
Regarding anti-dumping duty on imports of Thionyl Chloride

G.S.R. (E). – Whereas, in the matter of imports of Thionyl Chloride (hereinafter referred to as the subject goods), falling under tariff item 2812 10 47 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from, the European Union (hereinafter referred to as the subject country) and imported into India, the designated authority in its preliminary findings vide notification No.14/1/2008-DGAD dated the 31st March, 2009 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 31st March, 2009, had come to the conclusion that –

(a) the product under consideration had been exported to India from the European Union below its normal value;

and had recommended imposition of provisional anti-dumping duty on the imports of subject goods, originating in, or exported from, the subject country;

Now, therefore, in exercise of the powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act, read with rules 13 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 findings of the designated authority, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, falling under tariff item of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), originating in the country specified in the corresponding entry in column (4), and exported from the country specified in the corresponding entry in column (5) and produced by the producer specified in the corresponding entry in column (6) and exported by the exporter specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at the rate equal to the amount indicated in the corresponding entry in column (8), in the currency as specified in the corresponding entry in column (10) and per unit of measurement as specified in the corresponding entry in column (9) of the said Table.

Table

S.No	Tariff item	Description of goods	Country of origin	Country of export	Producer	Exporter	Duty amount	Unit	Currency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)
1	2812 10 47	Thionyl Chloride	European Union	European Union	Lanxess AG	Lanxess Deutschland GmbH	33	Per MT.	US dollar
2	2812 10 47	Thionyl Chloride	European Union	European Union	Any combination of producer and exporter other than the S No. 1		84	Per MT.	US dollar
3	2812 10 47	Thionyl Chloride	European Union	Any Country/territory other than European Union	Any	Any	84	Per MT.	US dollar
4	2812 10 47	Thionyl Chloride	Any Country/ territory other than European Union	European Union	Any	Any	84	Per MT.	US dollar

2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 28th October, 2009, and shall be payable 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 conferred by section 14 of the Customs Act, 1962 (52 of 1962) 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.