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Customs Notification No. 18/2002 Dated
15.2.2002
Anti-dumping duty on D(-) Para Hydroxy Phenyl Glycine Base
WHEREAS, in the matter of import of D(-) Para Hydroxy Phenyl Glycine Base, 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 and Singapore, the designated authority, vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 31st December, 2001, 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 the subject countries;
NOW, THEREFORE, in exercise of 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 D(-) Hydroxy Phenyl Glycine Base, falling under heading 29.42 of the First Schedule to the Customs Tariff Act, originating in, or exported from countries mentioned in column (2) of the Table annexed hereto, exported by exporters mentioned in the corresponding entry 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 mentioned in the corresponding entry in column (4) of the said Table and landed value of such imported D(-) Para Hydroxy Phenyl Glycine Base per Kilogramme.
Table
S.No. |
Name of the country |
Name of the exporter |
Amount (in $ US per Kilogramme) |
(1) |
(2) |
(3) |
(4) |
1. |
People’s Republic of China |
All exporters |
24.83 |
2. |
Singapore |
(a) M/s Kaneka Singapore Co. (Pte) Ltd. |
24.83 |
(b) Other exporters from Singapore |
24.83 |
2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 14th day of August, 2002, and shall be payable 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.
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