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Anti-Dumping Duty: Sodium Tripolyphosphate, originating in, or exported
from, People�s Republic of China and Chinese Taipei (Taiwan)
Customs
Notification No. 62 dated 17th June 2002
WHEREAS
in the matter of import of Sodium Tripolyphosphate, falling under
sub-heading 2835.31 of the First Schedule to the Customs Tariff Act, 1975 (51 of
1975), originating in, or exported from, People�s Republic of China and
Chinese Taipei (Taiwan), the designated authority vide its preliminary
findings, published in the Gazette of India, Extraordinary, Part I, Section 1,
dated the 9th May, 2002 has come to the conclusion that -
(a)
Sodium tripolyphosphate, in all forms, originating in, or exported from,
People�s Republic of China and Chinese Taipei (Taiwan), has been exported to
India below its normal value;
(b)
The domestic industry has also suffered material injury by way of
financial losses due to depressed net sales realization on account of price
depression caused by low landed prices of dumped sodium tripolyphosphate, in all
forms;
(c)
The injury has been caused to the domestic industry by dumping of sodium
tripolyphosphate, in all forms, originating in, or exported from, People�s
Republic of China and Chinese Taipei (Taiwan);
AND
WHEREAS the designated authority has recommended anti-dumping duty on imports of
sodium tripolyphosphate, in all forms, originating in, or exported from,
People�s Republic of China and Chinese Taipei (Taiwan);
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 Sodium Tripolyphosphate, in all forms, falling under sub-heading
2835.31 of the First Schedule to the said Customs Tariff Act, originating in, or
exported from, the countries specified in column (2) of the Table given below,
by producers/ exporters specified in column (3) of the said Table, and imported
into India, an anti-dumping duty at a rate which is equivalent to 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 tripolyphosphate per
metric tonne.
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S.
No.
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Country
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Name
of the Producer/ Exporter
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Amount
(US$/ MT)
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1.
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People�s
Republic of China
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M/S
Chongqing Chuandong Chemicals (Group) Company Limited (exporter M/S Chung
Chemicals SON BHD, Kuala Lumpur, Malaysia)
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629.71
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2.
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People�s
Republic of China
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M/S
Yunnan Chengjiang Phosphate Chemical Industry General Company
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629.71
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3.
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People�s
Republic of China
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Other
producers/ exporters
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629.71
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4.
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Chinese
Taipei (Taiwan)
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All
producers/ exporters
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629.71
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Explanation:
In the event of M/S Chongqing Chuandong Chemicals (Group) Company Limited,
People�s Republic of China, specified against S.No.1 of the Table above,
exporting directly or through any exporter other than M/S Chung Chemicals SON
BHD, Kuala Lumpur, Malaysia, it shall be deemed to have been specified against
S.No. 3 of the said Table for the purposes of this notification.
2.
The anti-dumping duty imposed under this notification shall be effective
upto and inclusive of the 16th day of December 2002, and shall be
payable 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 sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act; and
(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 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.
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