Customs
Notification No. 61 dated 1st April 2003
WHEREAS
in the matter of import of Sodium hydrosulphite, falling under tariff item
2832 10 20 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975),
originating in, or exported from, Germany and Republic of Korea, the
designated authority vide its preliminary findings notification
No.14/34/2002-DGAD dated the 25th February, 2003, published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 26th
February, 2003 has come to the conclusion that -
(a)
Sodium hydrosulphite, in all forms, originating in, or exported from,
Germany and Republic of Korea has been exported to India below its normal
value;
(b)
the domestic industry has also suffered material injury by way of
financial loss due to depressed net sales realization on account of price
depression caused by low landed prices of the dumped Sodium hydrosulphite;
(c)
the injury has been caused cumulatively to the domestic industry by
dumping of Sodium hydrosulphite, originating in, or exported from, Germany and
Republic of Korea;
and
has recommended imposition of provisional anti-dumping duty, pending final
determination, on imports of Sodium hydrosulphite, originating in, or exported
from, Germany and Republic of Korea;
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 countries 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.
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.