Govt.
of India, Ministry of Finance, Department of Revenue, New Delhi, Notification No.153 /
2000-Customs vide F.No.354/201/2000
-TRU
dated 26.12.2000 is reproduced below for guidance of Importers, Clearing Agents and
Trading Public.
C16/83/2000
- AP (PORT)
(T.S. JAYACHANDAR)
CUSTOM HOUSE, CHENNAI
ASST. COMMR. OF CUSTOMS(APPG.)
DATED: 01.03.2001
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Notification No.
153/2000-Customs
G.S.R. (E). - WHEREAS in the matter of import of Sodium
Hydroxide, commonly known as Caustic Soda, falling under sub-heading Nos. 2815.11 and
2815.12 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating
in, or exported from Saudi Arabia, Iran, Japan, the United States of America and France,
the designated authority vide its preliminary findings, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 16th November, 2000, has
come to the conclusion that
(a) Sodium Hydroxide, in all forms, originating in,
or exported from, subject countries, has been exported to India below its normal value;
(b) the domestic industry has suffered material
injury by way of financial losses due to depressed net sales realization on account of
price depression caused by low landed prices of the dumped subject goods; and
(c) the injury has been caused to the domestic
industry by the dumping of subject goods, originating in, or exported from, the subject
countries;
Now, therefore, in
exercise of the powers conferred by sub-section (2) of section 9A of the said Customs
Tariff Act, read with rules 13 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 findings of the
designated authority, hereby imposes on Sodium Hydroxide, commonly known as Caustic Soda,
falling under sub-heading Nos. 2815.11 and 2815.12 of the First Schedule to the said
Customs Tariff Act, originating in, or exported from any country specified in column (2)
of the Table annexed hereto, and exported by exporters specified in column (3) of the said
Table, and imported into India, an anti-dumping duty at the rate which shall be calculated
as the difference between the amount mentioned in column (4) of the said Table and the
landed value of such imported Sodium Hydroxide per metric tonne.
Table
S.No. |
Name of the
Country |
Name of the
Exporter/Producer |
Amount (in US
dollar per metric tonne) |
(1) |
(2) |
(3) |
(4) |
1 |
United States of
America |
(a) M/s Dow
Chemical Co. |
345.44 |
(b) All other
producer/exporter |
345.44 |
||
2 |
France |
All
exporters/producers |
307 |
3 |
Iran |
All
exporters/producers |
269.75 |
4 |
Japan |
All
exporters/producers |
347.11 |
5 |
Saudi Arabia |
(a) Producer
SADAF with SABIC as the exporter |
270.68 |
(b) All other
exporters/producers |
256.38 |
2. The anti-dumping
duty imposed under this notification shall be effective upto and inclusive of the day of
25th June, 2001, and shall be payable 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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