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Anti-Dumping Duty: Hydrofluoric Acid originating in, or exported from,
the People�s Republic of China
Custom Notification No. 35 dated 28th
March 2002
WHEREAS in the matter of import of
Hydrofluoric acid falling under sub-heading 2811.11 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 19th February, 2002 has come to the conclusion
that -
(a) Hydrofluoric acid of all
concentration other than 70% in all forms, originating in, or exported from the
People�s Republic of China have been exported to India, below their normal
value;
(b) Hydrofluoric acid in 70%
concentration have not been exported below normal value;
(c) The significant capacity for
export purposes available with the producers/ exporters in the People�s
Republic of China and the recent dumped imports of concentration other than 70%
have caused price depression and there is an imminent threat to the domestic
producers of the subject goods in India;
(d) the domestic industry has
suffered material injury by way of financial losses due to depressed net sales
realization on account of price depression caused by low landed prices of the
dumped Hydrofluoric acid;
(e) the injury has been caused to
the domestic industry by dumping of the Hydrofluoric acid of all concentration
other than 70%, originating in or exported 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 aforesaid
findings of the designated authority, hereby imposes on the said Hydrofluoric
acid of all concentrations other than 70% concentration, of description
specified in column (2) of the Table annexed hereto, falling under sub-heading
2811.11 of the First Schedule to the said Customs Tariff Act, originating in, or
exported from the People�s Republic of China, and when imported into India, an
anti-dumping duty at the rate which is to be calculated as the difference
between the amount mentioned in the corresponding entry in column (3) of the
said Table and landed value of such imported Hydrofluoric acid per metric tonne.
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S.No.
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Description of the product
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Amount (US $ per metric tonne for
hydrofluoric acid of all forms and of 100% concentration)
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(1)
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(2)
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(3)
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1
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Hydrofluoric acid, in all forms, in
loose or unpacked condition
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840.9
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2
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Hydrofluoric acid, in all forms, in
packed condition
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840.9 + 66.9
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Note:
The amount mentioned in column (3) for
Hydrofluoric acid, in loose or unpacked condition, of concentration other than
100% shall be worked out on pro-rata basis.
The amount mentioned in column (3) for
Hydrofluoric acid, in packed form, of concentration lower than 100% shall be
worked out by reducing the amount US$ 840.90 per metric tonne, for 100%
concentration, on pro-rata basis and adding packaging cost at the rate of US $
66.9 per metric tonne.
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2. The anti-dumping duty
imposed under this notification shall be effective upto and inclusive of the
27th day of September 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 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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