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OFFICE
OF THE COMMISSIONER OF CUSTOMS, |
Government of India, Ministry of
Finance, Department of Revenue, New Delhi, Notification No.88/2001-Cus vide F.No.354/217/2000-TRU
dated 04.09.2001, is reproduced below for the guidance of the importers,
clearing agents and trading public.
Sd/-
C16/35/96-AP (PORT)
(S. SANKARAVADIVELU)
CUSTOM HOUSE, CHENNAI-1. Dy. COMMISSIONER OF CUSTOMS
(APPG)
DATE: 12.11.2001
Notification No. 88 /2001-Customs
G.S.R.
(E).
WHEREAS the designated authority vide notification published in Part I,
Section 1 of the Gazette of India, Extraordinary, dated the 17th April, 2001,
had initiated review in the matter of continuation of final anti-dumping duty
on sodium ferrocyanide originating in, or exported from, the People’s Republic
of China, imposed vide notification No.113/2000-Customs, dated the 31st
August, 2000 [G.S.R. 696 (E), dated the 31st August,
2000]
AND WHEREAS the designated authority vide notification published in Part
I, Section 1 of the Gazette of India, Extraordinary, dated the 23rd August,
2001 has concluded that –
|
(a) |
Sodium ferrocyanide originating
in, or exported from, the People’s 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 People’s Republic of China, in
case the anti-dumping duty in force is removed; |
|
(d) |
Cessation of existing
anti-dumping duty on imports of sodium ferrocyanide from the People’s
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 Customs Tariff Act, 1975 (51 of 1975) 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 sodium ferrocyanide falling under Chapter 28 of
the First Schedule to the said Customs Tariff Act, originating in, or exported
from, the People’s Republic of China, and imported into India, an anti-dumping
duty at a rate which is to be calculated as the difference between US $ 1556.87
per MT and the landed value of such imported sodium ferrocyanide per MT, in
US$.
2. The anti dumping duty imposed under this
notification shall be paid in Indian currency.
Explanation. - For the purposes of this
notification,-
(a) " landed value of imports" shall be 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) the 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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