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Anti-Dumping Duty: D (-) Para Hydroxy Phenyl Glycine Base originating in,
or exported from, European Union
Customs
Notification No. 68 dated 5th July 2002
WHEREAS
in the matter of import of D (-) Para Hydroxy Phenyl Glycine Base,
falling under sub-heading 2942.00 of the First Schedule to the Customs Tariff
Act, 1975 (51 of 1975), originating in, or exported from, European Union, the
designated authority vide its preliminary findings, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 5th June, 2002,
has come to the conclusion that -
(i)
D (-) Para Hydroxy Phenyl Glycine Base has been exported to India, from
European Union, below its Normal value;
(ii)
The Indian industry has suffered material injury and is facing the threat
of further injury due to dumped imports;
(iii)
The domestic industry, on account of the injury being suffered, is facing
material retardation in the establishment of new industry to manufacture D (-)
Para Hydroxy Phenyl Glycine Base;
AND
WHEREAS the designated authority has recommended provisional anti-dumping duty,
pending final determination, on imports of D (-) Para Hydroxy Phenyl Glycine
Base, originating in, or exported from, European Union;
NOW,
THEREFORE, in exercise of the 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 aforesaid findings of the designated authority, hereby
imposes on D (-) Para Hydroxy Phenyl Glycine Base also known as D (-) Alpha Para
Hydroxy Phenyl Glycine, D (-) Alpha Para Hydroxy Phenyl Glycine Base, D (-) Para
Hydroxy Phenyl Glycine, Para Hydroxy Phenyl Glycine Base, Para Hydroxy Phenyl
Glycine, D (-) P - Hydroxy Phenyl Glycine Base or D (-) P - Hydroxy Phenyl
Glycine, falling under sub-heading 2942.00 of the First Schedule to the said
Customs Tariff Act, originating in, or exported from, European Union, by
exporters specified in column (2) of the Table given below, and imported into
India, and anti-dumping duty at a rate which is equivalent to the difference
between the amount mentioned in the corresponding entry in column (3) of the
said Table and landed value of such imported D (-) Para Hydroxy Phenyl Glycine
Base per kilogram.
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S.
No.
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Exporter
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Amount
(US $ per kilogram)
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(1)
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(2)
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(3)
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1.
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DSM
Deretil S.A. Spain
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21.38
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2.
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Recordati,
Italy
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21.81
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3.
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Other
exporters from European Union
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21.81
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2.
The anti-dumping duty imposed under this notification shall be effective
upto and inclusive of the 4th day of January 2003, 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 sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff
Act; and
(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 powers conferred by 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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