Anti Dumping Duty: Phthalic Anhydride export originating from Indonesia
WHEREAS in the matter of import
of Phthalic Anhydride falling under sub-heading No. 2917.35 of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or
exported from Indonesia, the designated authority vide its preliminary findings,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the
31st March, 2000 had come to the conclusion that -
(a) Phthalic Anhydride, originating
in, or exported from, Indonesia, has been exported to India below its normal
value, resulting in dumping;
(b) the
Indian industry has suffered material injury;
(c) the
injury has been caused by the dumped imports from the subject country;
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. 75/2000-Customs, dated the 23rd
May, 2000, published in Part II, Section 3, Sub-section (i) of the Gazette of
India, Extraordinary, dated the 23rd May, 2000, vide G.S.R.No.
483(E), dated the 23rd May, 2000;
AND WHEREAS the designated
authority vide its final findings published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 13th November, 2000 has
come to the conclusion that -
(a)
Phthalic Anhydride originating in or exported from Indonesia has been
exported to India 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 Indonesia;
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 rules 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 said
Phthalic Anhydride falling under sub-heading No. 2917.35 of the First Schedule
to the said Customs Tariff Act, originating in or exported from Indonesia and
imported into India, an anti-dumping duty at the rate of US$ 44.27 per metric
tonne.
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 23rd May 2000; and be paid 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
(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
Customs Act, (52 of 1962) 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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