G.S.R. (E).- WHEREAS in the matter of import of Methylene Chloride, falling under tariff item 2903 12 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the European Union, South Africa and Singapore, the designated authority vide its preliminary findings notification No.17/1/2001-DGAD dated the 24th December, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 24th December, 2002 has come to the conclusion that –
(a) Methylene Chloride, originating in, or exported from, the European Union, South Africa and Singapore, has been exported to India below normal value, resulting in dumping;
(b) the domestic industry has suffered material injury;
(c) injury has been caused by imports from the European Union, South Africa and Singapore;
and has recommended imposition of provisional anti-dumping duty, pending final determination, on imports of Methylene Chloride, originating in, or exported from, the European Union, South Africa and Singapore;
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), the specification of which is specified in column (4) of the said Table, originating in the country or territory as specified in the corresponding entry in column (5) , and produced by the producer as specified in the corresponding entry in column (7), when exported from the country or territory as specified in the corresponding entry in column (6), by the exporter 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 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.
TABLE
S. No. |
Tariff item |
Description of goods |
Specification |
Country or territory of origin |
Country or Territory of Export |
Producer |
Exporter |
Amount |
Unit of measurement |
Currency |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
1. |
2903 12 00 |
Methylene Chloride
|
Bulk |
European Union |
Any country |
Any producer |
Any exporter |
159.20 |
Metric Tonne |
US Dollar |
2. |
2903 12 00 |
Methylene Chloride
|
Packed |
European Union |
Any country |
Any producer |
Any exporter |
43.33 |
Metric Tonne |
US Dollar |
3. |
2903 12 00 |
Methylene Chloride
|
Bulk or Packed |
South Africa |
Any country |
Any producer |
Any exporter |
181.74 |
Metric Tonne |
US Dollar |
4. |
2903 12 00 |
Methylene Chloride
|
Bulk or Packed |
Singapore |
Any country |
Any producer |
Any exporter |
77.87 |
Metric Tonne |
US Dollar |
5. |
2903 12 00 |
Methylene Chloride |
Bulk |
Any country except, European Union, South Africa and Singapore
|
European Union |
Any producer |
Any exporter |
159.20 |
Metric Tonne |
US Dollar |
6. |
2903 12 00 |
Methylene Chloride |
Packed |
Any country except, European Union, South Africa and Singapore
|
European Union |
Any producer |
Any exporter |
43.33 |
Metric Tonne |
US Dollar |
7. |
2903 12 00 |
Methylene Chloride |
Bulk or Packed |
Any country except, European Union, South Africa and Singapore
|
South Africa |
Any producer |
Any exporter |
181.74 |
Metric Tonne |
US Dollar |
8. |
2903 12 00 |
Methylene Chloride |
Bulk or Packed |
Any country except, European Union, South Africa and Singapore |
Singapore |
Any producer |
Any exporter |
77.87 |
Metric Tonne |
US Dollar |
2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 26th day of September, 2003, 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 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.
[F.No.354/4/2003-TRU]
(Alok Shukla)
Deputy Secretary to the Government of India