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Anti Dumping Duty: Sodium Nitrite export originating from Peoples
Republic of China
WHEREAS in the matter of import
of Sodium Nitrite falling under sub-heading No. 2834.10 of the First Schedule to
the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from
Peoples Republic of China, the designated authority vide its preliminary
findings, published in the Gazette of India, Extraordinary, Part I, Section 1,
dated the 6th April 2000 had come to the conclusion that-
(a)
Sodium Nitrite, originating in, or exported from, People�s Republic of
China, 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 cumulatively by the 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. 76/ 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 GSR No.
484(E) dated 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 3rd November 2000, has
come to the conclusion that -
(a)
Sodium Nitrite, originating in, or exported from, People�s Republic of
China, 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 cumulatively by the imports from the subject
country.
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 Sodium Nitrite, falling under sub-heading No.
2834.10 of the First Schedule to the said Customs Tariff Act, originating in, or
exported from People�s Republic of China, and imported into India, an
anti-dumping duty at the rate which is to be calculated as the difference
between the US$ 524.63 per metric tonne and the landed value of such imported
Sodium Nitrite 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, -
(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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