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Anti-Dumping Duty: Sodium Nitrite Originating in or Exported from
European Union and Taiwan
Customs
Notification No. 132 dated 29th November 2002
WHEREAS
in the matter of import of Sodium Nitrite, falling under sub-heading 2834.10 of
the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in,
or exported from, European Union and Taiwan, the designated authority vide its
preliminary findings notification No.54/1/2001-DGAD dated the 1st
February, 2002, published in the Gazette of India, Extraordinary, Part I,
Section 1, dated the 1st February, 2002, had come to the conclusion
that -
(a)
Sodium Nitrite, originating in, or exported from, European Union and
Taiwan, had been exported to India below normal value, resulting in dumping;
(b)
The domestic industry had suffered material injury;
(c)
The injury had been caused cumulatively by the imports from European
Union and Taiwan;
AND
WHEREAS on the basis of the aforesaid findings of the designated authority, the
Central Government had imposed an anti-dumping duty on Sodium Nitrite vide
notification of the Government of India in the erstwhile Ministry of Finance
(Department of Revenue), No. 34/ 2002 Customs, dated the 28th March,
2002, [G.S.R. 232 (E), dated the 28th March, 2002], published in Part
II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the
28th March, 2002;
AND
WHEREAS the designated authority, vide its final findings notification No. 54/
1/2001-DGAD, dated the 28th October, 2002 published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 28th October, 2002
has come to the conclusion that -
(a)
Sodium Nitrite, originating in, or exported from, European Union and
Taiwan, 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 dumped imports of Sodium
Nitrite from European Union and Taiwan;
And
has recommended the imposition of definitive anti-dumping duty on all imports of
the said Sodium Nitrite, originating in, or exported from European Union and
Taiwan;
NOW,
THEREFORE, in exercise of the powers conferred by sub-section (1), read with
sub-section (5) of section 9A of the said Customs Tariff Act, 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 all imports of Sodium Nitrite,
falling under sub-heading 2834.10 of the First Schedule to the said Customs
Tariff Act, originating in, or exported from, the country or territory specified
in column (2) of the Table below and imported into India, an anti-dumping duty
at a rate which is specified in the corresponding entry in column (3) of the
said Table.
TABLE
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S.
No.
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Name
of the Country/ Territory
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Rate
of Anti-dumping Duty (US $ per Metric Tonne)
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(1)
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(2)
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(3)
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1.
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European
Union
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51.83
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2.
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Taiwan
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107.85
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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 28th March 2002, and shall 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 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 Customs Act, 1962 (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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