Anti-Dumping Duty: 2-Methyl (5) Nitro Imidazole commonly known as 2-MNI
originating in, or exported from the People�s Republic of China
Custom Notification No. 30 dated 27th
March 2002
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, had 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;
AND WHEREAS on the basis of the
aforesaid findings of the designated authority, the Central Government had
imposed an anti-dumping duty on the said 2-MNI vide notification of the
Government of India in the Ministry of Finance (Department of Revenue), No. 79/
2001�Customs, dated the 18th July, 2001, published in Part II,
Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 18th
July, 2001 vide G.S.R. No. 542 (E), dated 18th July, 2001;
AND WHEREAS the designated authority vide
its final findings published in the Gazette of India, Extraordinary, Part I,
Section 1, dated the 5th February, 2002 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 material injury;
(c) injury has been caused by
imports from the People�s Republic of China;
Now, therefore, in exercise of the
powers conferred by sub-section (1) of section 9A of the said Customs Tariff
Act, read with sub-section (5) of the said section 9A and rules 18 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 final findings of the designated
authority, hereby imposes on the said 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 $ 4.32 per Kilogramme and the landed value of such imported 2-MNI per
Kilogramme.
2. The anti-dumping duty
imposed under this notification shall be levied with effect from the date of
imposition of the provisional anti-dumping duty, i.e. the 18th July2001; and be paid 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 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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