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Anti-Dumping Duty: Para Cresol Originating in, or Exported from, the
People�s Republic of China
Customs Notification No. 46 dated 24th
March 2003
WHEREAS in the matter of import of Para
cresol, falling under tariff item 2907 12 10 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 notification No. 14/29/2002 - DGAD dated the 17th January
2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated
the 17th January 2003, has come to the conclusion that -
(a)
Para cresol has been exported to India from the People�s Republic of
China below the normal value;
(b)
the domestic industry has suffered material injury;
(c)
the material injury has been caused by the dumped imports from the
People�s Republic of China;
and has recommended imposition of
provisional anti-dumping duty, pending final determination, on all imports of
Para cresol, originating in, or exported from, the People�s Republic of China;
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 as
specified in the corresponding entry in column (5), and produced by the
producers as specified in the corresponding entry in column (7), when exported
from the countries as specified in the corresponding entry in column (6), by the
exporters 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 difference
between, 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, and the landed value of such imported goods in like currency per
like unit of measurement.
Table
|
S.No.
|
Tariff
item
|
Description
of goods
|
Specification
|
Country
of origin
|
Country
of Export
|
Producer
|
Exporter
|
Amount
|
Unit
of
measurement
|
Currency
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
(7)
|
(8)
|
(9)
|
(10)
|
(11)
|
|
1.
|
2907 12 10
|
Para cresol
|
Any
specification
|
People�s Republic of China
|
Any country
|
Any producer
|
Any exporter
|
2.445
|
Kilogramme
|
US Dollar
|
|
2.
|
2907 12 10
|
Para cresol
|
Any
specification
|
Any country
|
People�s Republic
of China
|
Any producer
|
Any exporter
|
2.445
|
Kilogramme
|
US Dollar
|
2.
The anti-dumping duty imposed under this notification shall be effective
upto and inclusive of the 23rd day of September 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;
(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 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.
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