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Anti Dumping Duty: Aniline export originating from Japan and USA
WHEREAS in the matter of import of Aniline, falling under
sub-heading No 2921.41 of the First Schedule to the Customs Tariff Act, 1975 (51
of 1975), originating in, or exported from Japan and the United States of
America, the designated authority vide its preliminary findings, published in
the Gazette of India, Extraordinary, Part I, Section 1, dated the 8th
March, 2000 had come to the conclusion that -
(i)
Aniline, originating in, or exported from, Japan and the United State of
America has been exported to India below normal value, resulting in dumping,
(ii)
the Indian industry has suffered material injury;
(iii)
the injury has been caused by the imports from the subject countries;
And whereas on the basis of the aforesaid findings of the
designated authority, the Central Government had imposed an anti-dumping duty
vide notification of the Government of India in the Ministry of Finance
(Department of Revenue), No. 41/2000-Customs, dated the 10th April,
2000, published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (3) vide No. G.S.R. 325(E) dated the 10th April 2000;
And whereas the designated authority vide its final findings
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the
31st August, 2000 has come to the conclusion that -
(i)
Aniline, originating in, or exported from, Japan and the United States of
America has been exported to India below normal value, resulting in dumping;
(ii)
the domestic industry has suffered injury;
(iii)
injury has been caused by imports from the subject countries.
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
Aniline, falling under sub-heading No. 2921.41 of the First Schedule to the said
Customs Tariff Act, originating in, or exported from Japan and the United States
of America, and when exported by the exporters mentioned in the column (3) of
the Table annexed hereto, and imported into India, and anti-dumping duty at the
rate mentioned in column (4) of the said Table.
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S. No.
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Country
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Name of the producer/ exporter
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Amount of duty
(in US$ per Kg.)
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1.
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2.
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3.
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4.
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1.
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Japan
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Sumitomo
Chemical Co. Ltd.
All
others exporters
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0.064
0.18
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2.
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United
States of America
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M/s.
E.I. Dupont de Nemours & Co.
All
other exporters
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0.20
0.20
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2.
The anti-dumping duty imposed under this notification shall be levied
with effect from the date of the imposition of the provisional anti-dumping duty
i.e. the 10th May 2000; and be paid in Indian currency.
Explanation: For the purposes of
this notification, �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
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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