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OFFICE OF THE
COMMISSIONER OF CUSTOMS, |
Sub: Notification No.38 / 2001-Customs.
* * * * * *
Government of India, Ministry of
Finance, Department of Revenue, New Delhi, Notification No.44/2001 –
Customs vide F.No:B-7/1/2001-TRU, dated 26-04-2001 is reproduced below for
guidance of Importers, Clearing Agents and Trading Public.
C16/31/2001 AP (PORT) (S. SANKARAVADIVELU)
CUSTOM HOUSE, CHENNAI DY. COMMR. OF CUSTOMS (APPG.)
DATED: 28 / 05/ 2001
Notification
No.38/2001-Customs
WHEREAS in the matter of import of Analgin, falling under Chapter 29 of the
First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or
exported from the People’s Republic of China and Taiwan, the designated
authority vide its preliminary findings, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 7th March, 2001
has come to the conclusion that –
(b)
Analgin originating in, or exported from, the People’s
Republic of China and Taiwan, have been exported to India below its normal
value, resulting in dumping;
(b) the domestic industry has suffered material
injury;
I the injury has been caused cumulatively by the
imports from the subject countries;
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 Analgin, falling under Chapter 29 of the First Schedule to
the said Customs Tariff Act, originating in, or exported from the countries
specified in column (2) of the Table annexed hereto, and imported into India,
an anti-dumping duty at the rate which is to be calculated as the difference
between the amount specified in column (3) of the said Table and the landed
value of such Analgin per kilogramme.
Table
|
S.No. |
Name of the country |
Amount (US $ per kilogramme) |
|
(1) |
(2) |
(3) |
|
1 |
People’s Republic of China |
9.778 |
|
2 |
Taiwan |
9.875 |
2. The
anti-dumping duty imposed under this notification shall be effective upto and
inclusive of the 8 th day of October, 2001, and shall be payable in
Indian currency.
Explanation.- For the
purposes of this notification, -
(b)
“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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