Anti-Dumping Duty: Hydroxyl Amine Sulphate export originating from United
States of America, Japan and European Union
WHEREAS in the matter of import of Hydroxyl Amine Sulphate, falling
under sub-heading No. 2825.10 of the First Schedule to the Customs Tariff Act,
1975 (51 of 1975), originating in, or exported from, the United States of
America, Japan and the European Union, the designated authority vide its
preliminary findings, published in the Gazette of India, Extraordinary, Part I,
Section I, dated the 4th August, 2000 had come to the conclusion that
-
(a)
Hydroxyl Amine Sulphate, originating in, or exported from, the United
States of America, Japan and the European Union, has been exported to India
below normal value, resulting in dumping;
(b)
the Indian industry has suffered material injury;
(c)
the injury has been caused cumulatively by the imports from the subject
countries or territory;
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.25/2000-Customs, dated the 29th
September, 2000, published in Part II, Section 3, Sub-section (i) of the Gazette
of India, Extraordinary, dated the 29th September, 2000 vide
G.S.R.763 (E), dated the 29th September, 2000;
AND WHEREAS the designated authority vide its final findings
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 1st
March, 2001 has come to the conclusion that �
(a)
Hydroxyl Amine Sulphate, originating in, or exported from, the United
States of America, Japan and the European Union, has been exported to India at a
price below its normal value, thereby resulting in dumping;
(b)
the domestic industry has suffered material injury;
(c)
the injury has been caused to domestic industry by dumping of the subject
goods originating in, or exported from, the United States of America, Japan and
the European Union;
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 rule 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
Hydroxyl Amine Sulphate, falling under sub-heading No. 2825.10 of the First
Schedule to the said Customs Tariff Act, originating in, or exported from, any
country or territory specified in column (2) of the Table annexed hereto, and
exported by exporters specified in column (3) of the said Table, and imported
into India, an anti-dumping duty at the rate which is to be calculated as the
difference between the amount specified in column (4) of the said Table and the
landed value of such imported Hydroxyl Amine Sulphate per metric tonne.
S. No.
|
Country/ Territory
|
Exporter
|
Amount
(US$ per MT)
|
(1)
|
(2)
|
(3)
|
(4)
|
1.
|
European
Union
|
All
exporters
|
1794.13
|
2.
|
Japan
|
(a)
M/s UBE Industries Ltd.
|
1733.56
|
(b)
M/s Nissho Iwai Co.
|
1733.56
|
(c)
M/s Mitui & Co. Ltd.
|
1733.56
|
(d)
M/s Mitsuya Boeki Ltd.
|
1733.56
|
(e)
Other exporters
|
1794.13
|
3.
|
United
States of America
|
All
exporters
|
1794.13
|
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 29th September 2000, and shall 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 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 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.
|