Anti-Dumping Duty: Methylene Chloride, Originating in, or Exported from,
the European Union, South Africa and Singapore
Customs
Notification No. 49 dated 27th March 2003
WHEREAS
in the matter of import of Methylene Chloride, falling under tariff item 2903 12
00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975),
originating in, or exported from, the European Union, South Africa and
Singapore, the designated authority vide its preliminary findings
notification No. 17/1/2001-DGAD dated the 24th December 2002,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the
24th December 2002 has come to the conclusion that -
(a)
Methylene Chloride, originating in, or exported from, the European Union,
South Africa and Singapore, has been exported to India below normal value,
resulting in dumping;
(b)
the domestic industry has suffered material injury;
(c)
injury has been caused by imports from the European Union, South Africa
and Singapore;
and
has recommended imposition of provisional anti-dumping duty, pending final
determination, on imports of Methylene Chloride, originating in, or exported
from, the European Union, South Africa and Singapore;
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 the goods, the description of which is specified in column (3)
of the Table below, falling under tariff item of the First Schedule to the said
Customs Tariff Act as specified in the corresponding entry in column (2), the
specification of which is specified in column (4) of the said Table,
originating in the country or territory as specified in the corresponding
entry in column (5) , and produced by the producer as specified in the
corresponding entry in column (7), when exported from the country or territory
as specified in the corresponding entry in column (6), by the exporter as
specified in the corresponding entry in column (8), and imported into India, an
anti-dumping duty at a rate which is equivalent to the amount as specified in
the corresponding entry in column (9), in the currency as specified in the
corresponding entry in column (11) and per unit of measurement as specified in
the corresponding entry in column (10), of the said Table.
Table
S.
No.
|
Tariff
item
|
Description
of goods
|
Specification
|
Country
or territory of origin
|
Country
or Territory of Export
|
Producer
|
Exporter
|
Amount
|
Unit
of measurement
|
Currency
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
(7)
|
(8)
|
(9)
|
(10)
|
(11)
|
1.
|
29031200
|
Methylene
Chloride
|
Bulk
|
European
Union
|
Any
country
|
Any
producer
|
Any
exporter
|
159.20
|
Metric
Tonne
|
US
Dollar
|
2.
|
29031200
|
Methylene
Chloride
|
Packed
|
European
Union
|
Any
country
|
Any
producer
|
Any
exporter
|
43.33
|
Metric
Tonne
|
US
Dollar
|
3.
|
29031200
|
Methylene
Chloride
|
Bulk
or Packed
|
South
Africa
|
Any
country
|
Any
producer
|
Any
exporter
|
181.74
|
Metric
Tonne
|
US
Dollar
|
4.
|
29031200
|
Methylene
Chloride
|
Bulk
or Packed
|
Singapore
|
Any
country
|
Any
producer
|
Any
exporter
|
77.87
|
Metric
Tonne
|
US
Dollar
|
5.
|
29031200
|
Methylene
Chloride
|
Bulk
|
Any
country except, European Union, South Africa and Singapore
|
European
Union
|
Any
producer
|
Any
exporter
|
159.20
|
Metric
Tonne
|
US
Dollar
|
6.
|
29031200
|
Methylene
Chloride
|
Packed
|
Any
country except, European Union, South Africa and Singapore
|
European
Union
|
Any
producer
|
Any
exporter
|
43.33
|
Metric
Tonne
|
US
Dollar
|
7.
|
29031200
|
Methylene
Chloride
|
Bulk
or Packed
|
Any
country except, European Union, South Africa and Singapore
|
South
Africa
|
Any
producer
|
Any
exporter
|
181.74
|
Metric
Tonne
|
US
Dollar
|
8.
|
29031200
|
Methylene
Chloride
|
Bulk
or Packed
|
Any
country except, European Union, South Africa and Singapore
|
Singapore
|
Any
producer
|
Any
exporter
|
77.87
|
Metric
Tonne
|
US
Dollar
|
2.
The anti-dumping duty imposed under this notification shall be effective
upto and inclusive of the 26th day of September 2003, and shall be
payable 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 and Company Affairs (Department of Revenue), issued from time to time,
in exercise of the 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.
|