Govt.
of India, Ministry of Finance, Department of Revenue, New Delhi, Notification
No.11/2001-Customs vide F.No.354/217/99-TRU dated 31.01.2001
is reproduced below for guidance of Importers, Clearing Agents and Trading Public.
C16/126/95
AP (PORT)
(T.S. JAYACHANDAR)
CUSTOM HOUSE, CHENNAI
ASST. COMMR. OF CUSTOMS(APPG.)
DATED: 28.02.2001
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NOTIFICATION
No.11/2001-Customs
F.No.354/217/99-TRU dated 31.01.2001
G.S.R. (E) . -
WHEREAS the designated authority vide notification published in Part I,
Section 1 of the Gazette of India, Extraordinary, dated the 16th day of March,
2000, had initiated review in the matter of continuation of anti-dumping duty on 3,4,5
Trimethoxy Benzaldehyde originating in, or exported from, the Peoples Republic of
China, imposed vide notification No.46/99-Customs, dated the 29th April,
1999 [G.S.R.293(E), dated the 29th April, 1999] and had requested for suitable
extension of anti-dumping duty, pending the results of the review investigations;
AND WHEREAS the Central
Government has extended the anti-dumping duty imposed on 3,4,5 Trimethoxy Benzaldehyde
originating in, or exported from, the Peoples Republic of China vide notification
No.30/2000-Customs, dated the 16th March, 2000 [G.S.R.250(E), dated the 16th
March, 2000] and notification No.121/2000-Customs, dated the 19th September,
2000 [G.S.R. 732(E), dated the 19th September, 2000], upto and inclusive of 19th
March, 2001, unless the notification is revoked earlier.
AND WHEREAS the
designated authority vide notification published in Part I, Section 1 of the
Gazette of India, Extraordinary, dated the 20th day of December, 2000 has
concluded that
a. 3,4,5 Trimethoxy
Benzaldehyde originating in, or exported from, the Peoples Republic of China, has
been exported below its normal value;
b. The domestic
industry would suffer material injury in case the anti-dumping duty in force is removed;
c. The injury to the
domestic industry would be caused by imports from the Peoples Republic of China, in
case the anti-dumping duty in force is removed;
d. Cessation of
existing anti-dumping duty on imports of 3,4,5 Trimethoxy Benzaldehyde from the
Peoples Republic of China is likely to lead to continuation or recurrence of injury
to the domestic industry;
Now, therefore, in
exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the said
Customs Tariff Act, read with rule 23 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 after considering the aforesaid findings of the
designated authority, hereby imposes on 3,4,5 Trimethoxy Benzaldehyde, falling under
Chapter 29 of the First Schedule to the said Customs Tariff Act, originating in, or
exported from, the Peoples Republic of China, and imported into India, an
anti-dumping duty at the rate of US $ 4.31 per kilogramme.
Explanation. - For the purposes
of this notification, "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 Customs Act, 1962 (52 of 1962) 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.