CUSTOMS NOTIFICATION No. 31/2001
Dated 28th March, 2001
Anti-Dumping Duty on Hydroxyl Amine Sulphate imported from United States of
America, Japan and the European Union
WHEREAS
in the matter of import of Hydroxyl Amine Sulphate, falling under
sub-heading No. 2825.10 of the First Schedule to the Customs Tariff Act,
1975 (51 of 1975), originating in, or exported from, the United States
of America, Japan and the European Union, the designated authority vide its
preliminary findings, published in the Gazette of India, Extraordinary, Part I,
Section I, dated the 4th August, 2000 had come to the conclusion that
–
(a) |
Hydroxyl
Amine Sulphate, originating in, or exported from, the United States of
America, Japan 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
countries or territory; |
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.25/2000-Customs, dated the 29th September, 2000, published
in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary,
dated the 29th September, 2000 vide G.S.R.763 (E), dated the 29th
September, 2000;
AND
WHEREAS the designated authority vide its final findings published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 1st
March, 2001 has come to the conclusion that –
(a) |
Hydroxyl
Amine Sulphate, originating in, or exported from, the United States of
America, Japan and the European Union, has been exported to India at a
price 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 United States of America,
Japan and the 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 Hydroxyl Amine Sulphate,
falling under sub-heading No. 2825.10 of the First Schedule to the said Customs
Tariff Act, originating in, or exported from, any country or territory specified
in column (2) of the Table annexed hereto, and exported by exporters specified
in column (3) of the said Table, and imported into India, an anti-dumping duty
at the rate which is to be calculated as the difference between the amount
specified in column (4) of the said Table and the landed value of such imported
Hydroxyl Amine Sulphate per metric tonne.
S.No. |
Country/territory |
Exporter |
Amount
(US$
per MT) |
(1) |
(2) |
(3) |
(4) |
1. |
European
Union |
All
exporters |
1794.13 |
2. |
Japan |
(a)
M/s UBE Industries Ltd. |
1733.56 |
(b)
M/s Nissho Iwai Co. |
1733.56 |
||
(c)
M/s Mitui & Co. Ltd. |
1733.56 |
||
(d)
M/s Mitsuya Boeki Ltd. |
1733.56 |
||
(e)
Other exporters |
1794.13 |
||
3. |
United
States of America |
All
exporters |
1794.13 |
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 29th September, 2000, 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 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.
CUSTOMS
NOTIFICATION No. 32/2001 Dated 28th March, 2001
In
exercise of powers conferred by sub-section (1) of section 9A of the Customs
Tariff Act, 1975 (51 of 1975), 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
hereby rescinds the notification of the Government of India in the Ministry of
Finance (Department of Revenue), No.125/2000-Customs, dated the 29th
day of September, 2000 [G.S.R.763(E), dated the 29th September,
2000], except as respects things done or omitted to be done before such
rescission.