WHEREAS in the matter of import of D (-) Para Hydroxy Phenyl Glycine Methyl Potassium Dane Salt (hereinafter also referred to as the subject goods), which is also known as D (-) Para Hydroxy Phenyl Glycine Dane Salt (Methyl Potassium), D(-) Alpha Para Hydroxy Phenyl Glycine Dane Salt (Methyl Potassium), D(-) Alpha Para Hydroxy Phenyl Glycine Methyl Potassium Dane Salt, D(-) Alpha Para Hydroxy Phenyl Glycine Methyl Aceto Acetate Potassium Salt (Dane Salt), 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 People¹s Republic of China and Singapore (hereinafter referred to as the subject countries), the designated authority vide its preliminary findings notification No.14/23/2002-DGAD, dated the 1st October, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 1st October, 2002, had come to the conclusion that ­

(a) the subject goods had been exported to India from the subject countries below its normal value;

(b) the Indian industry had suffered material injury and facing threat of further injury ;

(c) the domestic industry, on account of the injury being suffered, is facing material retardation in the establishment of new industry to manufacture the subject goods;

(d) 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 on the subject goods vide notification of the Government of India in the erstwhile Ministry of Finance (Department of Revenue), No. 124/2002-Customs, dated the 11th November, 2002, [G.S.R. 758 (E), dated the 11th November, 2002], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 11th November, 2002;

AND WHEREAS the designated authority, vide its final findings notification No.14/23/2002-DGAD, dated the 24th June, 2003 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 24th June, 2003 has come to the conclusion that -

(a) the subject goods have been exported to India from the subject countries below its normal value;

(b) the domestic industry has suffered material injury and is facing threat of material injury also;

(c) the domestic industry, on account of the injury being suffered, is also facing material retardation in the establishment of new industry to manufacture the subject goods;

(d) the material injury, threat of injury and material retardation is on account of dumped imports from the subject countries;

and has recommended the imposition of definitive anti-dumping duty on all imports of the subject goods, originating in, or exported from, the subject countries;

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 the goods, the description of which is specified in column (3) of the Table below, falling under sub-heading of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), the specification of which is specified in the corresponding entry in column (4), originating in the countries as specified in the corresponding entry in column (5) , and produced by the producers as specified in the corresponding entry in column (7), when exported from the countries as specified in the corresponding entry in column (6), by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between, the amount as specified in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11) and per unit of measurement as specified in the corresponding entry in column (10), of the said Table, and the landed value of such imported goods in like currency per like unit of measurement.

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 November, 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;

(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, 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.

[F.No.354/186/2002-TRU]
 

(G. S. Karki)
Under Secretary to the Government of India