Anti Dumping Duty: Sodium Ferrocyanide export originating from European
Union
WHEREAS in the matter of import
of Sodium Ferrocyanide, falling under sub-heading No. 2837.20 of the
First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or
exported from the European Union the designated authority vide its preliminary
findings, published in the Gazette of India, extraordinary, Part I, Section 1,
dated the 2nd January, 2001 had come to the conclusion that -
(a) Sodium
Ferrocyanide, originating in, or exported from the European Union, has been
exported to India below its normal value;
(b) the
Indian industry has suffered material injury;
(c) the
injury has been caused by the imports from the European Union;
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. 8/2001-Customs, dated the 31st
January, 2001, published in Part II, Section 3, Sub-section (i) of the Gazette
of India, Extraordinary, dated the 31st January, 2001 vide G.S.R.
45(E), dated the 31st January, 2001;
And whereas the designated
authority vide its final findings published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 16 April, 2001 has come to the
conclusion that -
(a) Sodium
Ferrocyanide of the European Union origin has been exported to India below its
normal value;
(b) the
Indian industry has suffered material injury;
(c) the
injury has been caused by imports from the European Union;
Now, therefore, in exercise of
the powers conferred by sub-section (i) 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 Sodium Ferrocyanide, falling under sub-heading No.
2837.20 of the First Schedule to the said Customs Tariff Act, originating in or
exported from the European Union, and when imported into India, an anti-dumping
duty at the rate which is to be calculated as the difference between the US$
1535 per metric tonne and the landed value of such imported Sodium Ferrocyanide
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 31st January 2001, 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 section 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.
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