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OFFICE
OF THE COMMISSIONER OF CUSTOMS, |
Government of India, Ministry of
Finance, Department of Revenue, New Delhi, Notification No. 47/2001 – Cus vide
F.No.354/53/2001-TRU dated 10.04.2001, is reproduced below for the guidance of
the importers, clearing agents and trading public.
C16/42/2001-AP (PORT) (S.
SANKARAVADIVELU)
CUSTOM HOUSE, CHENNAI-1. DY. COMMR. OF CUSTOMS (APPG)
DATE :31.08.2001
Notification
No. 47/2001 – Customs
F.No.354/53/2001-TRU
dated 10.04.2001
G.S.R.
(E).- WHEREAS in the matter of import of Phosphoric acid (Technical grade),
falling under sub-heading No. 2809.20 of the First Schedule to the Customs
Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s
Republic of China, the designated authority vide its preliminary
findings, published in the Gazette of India, Extraordinary, Part I, Section 1,
dated the 9th April, 2001 has come to the conclusion that -
(a)
Phosphoric acid (Technical grade) has been exported to India
from the People’s Republic of China below its normal value;
(b)
the Indian industry has suffered material injury;
(c)
the injury has been caused by dumped imports from the
People’s Republic of China;
Now,
therefore, in exercise of powers conferred by sub-section (2) of section 9A of
the said Customs Tariff Act, read with rule 13 and rule 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 Phosphoric acid (Technical grade), that is Phosphoric acid
having purity level of 85% or above, falling under sub-heading No. 2809.20 of
the First Schedule to the said Customs Tariff Act, originating in, or exported
from, the People’s Republic of China, and when imported into India, an
anti-dumping duty at the rate of US $ 187 per metric tonne.
2. The
anti-dumping duty imposed under this notification shall be effective upto and
inclusive of the 9th day of November, 2001, and shall be payable in
Indian currency.
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.
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