D (-) Para Hydroxy Phenyl Glycine Methyl Potassium Dane Salt, originating
in, or exported from, People�s Republic of China and Singapore
Customs
Notification No. 124 dated 11th November 2002
WHEREAS
in the matter of import of D (-) Para Hydroxy Phenyl Glycine Methyl Potassium
Dane Salt, falling under sub-heading 2942.00 of the First Schedule to the
Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from,
People�s Republic of China and Singapore (herein after referred to as the
subject countries), the designated authority vide its preliminary
findings notification No. 14/ 23/ 2002 - DGAD dated the 1st October,
2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated
the 1st October, 2002, has come to the conclusion that:
(a)
D (-) Para Hydroxy Phenyl Glycine Methyl Potassium Dane Salt has been
exported to India from the subject countries below its normal value;
(b) the Indian industry has suffered material injury
and facing threat of further injury;
(c) the domestic industry, on account of the injury
being suffered, is facing material retardation in the establishment of new
industry to manufacture D (-) Para Hydroxy Phenyl Glycine Methyl Potassium Dane
Salt;
(d) the injury has been caused cumulatively by the
imports from the subject countries;
And
has recommended imposition of provisional anti-dumping duty, pending final
determination, on imports of D (-) Para Hydroxy Phenyl Glycine Methyl Potassium
Dane Salt, originating in, or exported from, the subject countries;
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 sub-heading 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.
TABLE
S.
No.
|
Sub-heading
|
Description
of goods
|
Specification
|
Country
of origin
|
Country
of export
|
Producer
|
Exporter
|
Amount
|
Unit
of measurement
|
Currency
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
(7)
|
(8)
|
(9)
|
(10)
|
(11)
|
1.
|
2942.00
|
PHPGDS
|
Any
specification
|
People�s
Republic of China
|
Any
country
|
Any
producer
|
Any
exporter
|
16.16
|
Kilogramme
|
USD
|
2.
|
2942.00
|
PHPGDS
|
Any
specification
|
Any
country except Singapore
|
People�s
Republic of China
|
Any
producer
|
Any
exporter
|
16.16
|
Kilogramme
|
USD
|
3.
|
2942.00
|
PHPGDS
|
Any
specification
|
Singapore
|
Any
country
|
Any
producer
|
Any
exporter
|
13.87
|
Kilogramme
|
USD
|
4.
|
2942.00
|
PHPGDS
|
Any
specification
|
Any
country except People�s Republic of China
|
Singapore
|
Any
producer
|
Any
exporter
|
13.87
|
Kilogramme
|
USD
|
2. The anti-dumping duty imposed under this
notification shall be effective upto and inclusive of the 10th day
of May 2003, 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;
(b)
�PHPGDS DS� means D (-) Para Hydroxy Phenyl Glycine Methyl
Potassium Dane Salt which is also known as D (-) Para Hydroxy Phenyl Glycine
Dane Salt (Methyl Potassium), D (-) Alpha Para Hydroxy Phenyl Glycine Dane
Salt (Methyl Potassium), D (-) Alpha Para Hydroxy Phenyl Glycine Methyl
Potassium Dane Salt, D (-) Alpha Para Hydroxy Phenyl Glycine Methyl Aceto
Acetate Potassium Salt (Dane Salt);
(c)
�USD� means US Dollar;
(d)
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.
|