Govt.
of India, Ministry of Finance, Department of Revenue, New Delhi, Notification No.147/2000-Customs vide F.No.354/41/2000-TRU (Pt. II) dated
19.12.2000 is reproduced below for guidance of Importers, Clearing Agents and Trading
Public.
C16/29/2000
AP (PORT)
(T.S. JAYACHANDAR)
CUSTOM HOUSE, CHENNAI
ASST.
COMMR. OF CUSTOMS(APPG.)
DATED: 30/01/2001
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Notification
No.147/2000-Customs
F.No.354/41/2000-TRU (Pt. II) dated 19.12.2000
WHEREAS in the
matter of import of Sodium Nitrite, falling under sub-heading No. 2834.10 of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from,
Peoples Republic of China, the designated authority vide its preliminary
findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 6th
April, 2000 had come to the conclusion that -
(a) Sodium Nitrite,
originating in, or exported from, Peoples Republic of China, has been exported to
India below its normal value, resulting in dumping;
(b) the domestic
industry has suffered material injury;
(c) the injury has
been caused cumulatively by the imports from the subject country;
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. 76/2000Customs, dated the 23rd
May, 2000, published in Part II, Section 3, Sub-section (i) of the Gazette of India,
Extraordinary, dated the 23rd May, 2000 vide G.S.R. No. 484(E), dated
the 23rd May, 2000;
AND WHEREAS the
designated authority vide its final findings published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 3rd November, 2000 has come to the
conclusion that -
(a) Sodium Nitrite,
originating in, or exported from, Peoples Republic of China, has been exported to
India below normal value resulting in dumping;
(b) the domestic
industry has suffered material injury;
(c) the injury has
been caused cumulatively by the imports from the subject country;
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 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 said
Sodium Nitrite, falling under sub-heading No. 2834.10 of the First Schedule to the said
Customs Tariff Act, originating in, or exported from, Peoples Republic of China, and
imported into India, an anti-dumping duty at the rate which is to be calculated as the
difference between the US dollar 524.63 per metric tonne and the landed value of such
imported Sodium Nitrite per metric tonne.
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 23rd May,
2000; and 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.