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OFFICE OF THE
COMMISSIONER OF CUSTOMS, |
PUBLIC
NOTICE NO. 220 / 2001
Government of India, Ministry of
Finance, Department of Revenue, New Delhi, Notification No. 50/2001 – Cus vide
F.No.354/4/2001-TRU (Pt-II), dated 10.05.2001, is reproduced below for the
guidance of the importers, clearing agents and trading public.
C16/5/2001-AP (PORT) (S.
SANKARAVADIVELU)
CUSTOM HOUSE, CHENNAI-1. DY. COMMR. OF CUSTOMS (APPG)
DATE :17.09.2001
Notification No.
50/2001-Customs
G.S.R.
(E).- WHEREAS in the matter of import of Sodium Ferrocyanide, falling under
sub-heading No. 2837.20 of the First Schedule to the Customs Tariff Act, 1975
(51 of 1975), originating in, or exported from the European Union, the
designated authority vide its preliminary findings, published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 2nd
January, 2001 had come to the conclusion that -
(a) Sodium
Ferrocyanide, originating in, or exported from the European Union, has been
exported to India below its normal value;
(b) the
Indian industry has suffered material injury;
(c) the
injury has been caused by the imports from the European Union;
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.
8/2001–Customs, dated the 31st January, 2001, published in Part II,
Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 31st
January, 2001 vide G.S.R. 45(E), dated the 31st January,
2001;
AND
WHEREAS the designated authority vide its final findings published in
the Gazette of India, Extraordinary, Part I, Section 1, dated the 16th
April, 2001 has come to the conclusion that -
(a) Sodium
Ferrocyanide of the European Union origin has been exported to India below its
normal value;
(b) the Indian industry has suffered material
injury;
(c) the injury has been caused by imports from
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 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 Sodium
Ferrocyanide, falling under sub-heading No. 2837.20 of the First Schedule to
the said Customs Tariff Act, originating in or exported from the European
Union, and when imported into India, an anti-dumping duty at the rate which is
to be calculated as the difference between US $ 1535 per metric tonne and the
landed value of such imported Sodium Ferrocyanide 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 31st
January, 2001, 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.
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