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Anti-Dumping Duty: 2-Methyl (5) Nitro Imidazole export originating from
People�s Republic of China
WHEREAS in the matter of import
of 2-Methyl (5) Nitro Imidazole, commonly known as 2-MNI, 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, the
designated authority vide its preliminary findings, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 3rd May, 2001, has
come to the conclusion that -
(a) 2-MNI originating in, or exported from, the
People�s Republic of China, has been exported to India below normal value,
resulting in dumping;
(b) the
Indian industry has suffered injury;
(c) the
injury has been caused by imports from the People�s Republic of China;
Now, therefore, in exercise of
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 findings of the
designated authority, hereby imposes on 2-Methyl (5) Nitro Imidazole, commonly
known as 2-MNI, falling under Chapter 29 of the First Schedule to the said
Customs Tariff Act, originating in, or exported from the People�s Republic of
China, an anti-dumping duty which is to be calculated as the difference between
US$ 4.79 per Kilogramme and the landed value of such imported 2-Methyl (5) Nitro
Imidazole per Kilogramme.
2. The anti-dumping duty imposed under
this notification shall be effective upto and inclusive of the 17th
day of January 2002, 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 section 3, 3A, 8B, 9 and 9A of the said
Customs Tariff Act;
(b) "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 said
Customs Act, and the relevant date
for 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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