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OFFICE
OF THE COMMISSIONER OF CUSTOMS, |
Government of India, Ministry of
Finance, Department of Revenue, New Delhi, Notification No. 34/2001 – Cus vide
F.No.354/26/2001-TRU dated 30.03.2001, is reproduced below for the guidance of
the importers, clearing agents and trading public.
C16/21/2001-AP (PORT) (S.
SANKARAVADIVELU)
CUSTOM HOUSE, CHENNAI-1. DY. COMMR. OF CUSTOMS (APPG)
DATE :21.08.2001
Notification
No. 34/2001-Customs
F.No.354/26/2001-TRU
dated 30.03.2001
G.S.R. (E). - WHEREAS in the matter of import of
Choline Chloride, falling under sub-heading Nos. 2309.90 or 2923.10 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 the European Union, the
designated authority vide its preliminary findings, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 23rd February,
2001 has come to the conclusion that -
(a) Choline Chloride, in all
forms, originating in, or exported from the People’s Republic of China and the
European Union have been exported to India below their normal value;
(b) the domestic industry has
suffered material injury by way of decline in its market share and financial
losses due to depressed net sales realization on account of price depression
caused by low landed prices of the dumped Choline Chloride;
(c) the injury has been caused to
the domestic industry by dumping of the Choline Chloride, originating in or
exported from the People’s Republic of China and the European Union;
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 Choline Chloride of description specified in column (4) of the Table annexed hereto, falling under sub-heading Nos. 2309.90 or 2923.10 of the First Schedule to the said Customs Tariff Act, originating in, or exported from country or territory specified in column (2) of the said Table and exported by exporters mentioned in column (3) of the said table, and when imported into India, an anti-dumping duty at the rate specified in the corresponding entry in column (5) of the said Table.
Table
|
S.No. |
Country/ Territory |
Name of the exporter/producer |
Choline Chloride on any carrier |
Amount of duty (US $ per metric tonne) |
|
(1) |
(2) |
(3) |
(4) |
(5) |
|
1. |
European Union |
(a) M/s Akzo Nobel Chemicals S.p.A., Italy and M/s Akzo Nobel
Functional Chemical BV, Netherlands |
60% concentration |
148.35 |
|
100% concentration |
247.25 |
|||
|
50% concentration |
123.62 |
|||
|
70% concentration |
173.08 |
|||
|
(b) All other exporter and producer |
60% concentration |
272.68 |
||
|
100% concentration |
454.50 |
|||
|
50% concentration |
227.23 |
|||
|
70% concentration |
318.12 |
|||
|
2. |
People’s Republic of China |
All exporters and producers |
60% concentration |
461.50 |
|
100% concentration |
769.17 |
|||
|
50% concentration |
384.60 |
|||
|
70% concentration |
538.42 |
2. The anti-dumping duty imposed
under this notification shall be effective upto and inclusive of the 29th
day of September, 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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