WHEREAS in the matter of import of Sodium Cyanide falling under Chapter 28 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the United States of America, Czech Republic, the European Union and Korea RP, the designated authority, vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 18^th October, 1999 had come to the conclusion that -

(a)     Sodium Cyanide originating in, or exported from, the United States of America, Czech Republic, the European Union and Korea RP 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 imports from the subject countries/ 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. 134/99-Customs, dated the 27^th December, 1999, [G.S.R.824 (E) dated the 27^th December, 1999] published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 27^th December, 1999;

AND WHEREAS the designated authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7^th March, 2000 has come to the conclusion that -

(a)     Sodium Cyanide, originating in, or exported from, the United States of America, Czech Republic, the European Union and Korea RP has been exported to India below normal value, resulting in dumping;

(b)       the domestic industry has suffered material injury;

(c)     the injury has been caused to the domestic industry by the dumping of Sodium Cyanide originating in, or exported from, the subject countries/ territory;

AND WHEREAS on the basis of the aforesaid final findings of the designated authority, the Central Government has imposed anti-dumping duty vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 83/2000-Customs dated the 6^th June, 2000, [G.S.R. 522 (E), dated the 6^th June, 2000] published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 6^th June, 2000;

AND WHEREAS the Customs, Excise and Gold (Control) Appellate Tribunal, in its final order No. 35/2000-AD, dated the 22^nd August, 2000 in Appeal No. C/213/2000-AD in the matter of M/s Cyanides & Chemicals Company vs the designated authority, has modified the said notification No. 83/2000-Customs, dated the 6^th June, 2000 to prescribe the anti-dumping duty in US dollar terms;

AND WHEREAS the designated authority has accepted the above order of Customs, Excise and Gold (Control) Appellate Tribunal, dated the 22^nd August, 2000;

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (8) of section 9A, read with rules 18 and 20 of Customs Tariff (Identification, Assessment and Collection of Antidumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 and in supersession of the notification of the Government of India in the Ministry of Finance  (Department of Revenue), No. 83/2000-Customs dated the 6^th June 2000 [G.S.R.522 (E), dated the 6^th June, 2000], except as respects things done or omitted to be done before such supersession, the Central Government hereby imposes on Sodium Cyanide, falling under sub-heading No. 2837.11 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the countries or territory mentioned in column (2) of the Table annexed hereto, and when exported by exporters mentioned in the corresponding entry 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 mentioned in the corresponding entry in column (4) of the said Table and the landed value of such imported Sodium Cyanide per metric tonne.

2.      Nothing contained in this notification shall apply to Sodium Cyanide manufactured by M/s Tong Suh Petrochemicals Corp. Ltd., Korea RP and exported by M/s Hanwha Corporation, Korea RP, if the jurisdictional Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, is satisfied that such Sodium Cyanide has been manufactured by the said M/s Tong Suh Petrochemicals Corp. Ltd.

3.      The anti-dumping duty shall be paid in Indian currency.