GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No.32/2009-Customs
New Delhi, dated the 27th March, 2009
G.S.R. (E). – Whereas, the designated authority, vide its notification No.
15/10/2007-DGAD, dated 29th February, 2008, published in Part I, section 1 of
the Gazette of India, Extraordinary, dated the 29th February, 2008, had
initiated review, in terms of sub-section (5) of section 9A of the Customs
Tariff Act, 1975 (51 of 1975) and in pursuance of rule 23 of the Customs Tariff
(Identification, Assessment and Collection of Anti-dumping Duty on Dumped
Articles and for Determination of Injury) Rules, 1995, in the matter of
continuation of anti-dumping duty on Hexa Methylene Tetramine, commonly known as
Hexamine, falling under sub-heading 2921 29 of the First Schedule to the Customs
Tariff Act 1975, (51 of 1975), originating in, or exported from, Iran, imposed
vide notification of the Government of India in the Ministry of Finance
(Department of Revenue),
No. 58/2005-Customs dated the 30th June, 2005,
published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i) vide number G.S.R.434(E), dated the 30th June, 2005;
And whereas, the Central Government had extended the anti-dumping duty on the
subject goods, originating in, or exported from, the subject country upto and
inclusive of the 16th March, 2009 vide notification of the Government of India,
in the Ministry of Finance (Department of Revenue),
No. 35/2008 -Customs dated
the 14th March, 2008, published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i) vide number G.S.R.180 (E), dated the 14th March,
2008;
And whereas, in the matter of review of anti-dumping on import of the subject
goods, originating in, or exported from, the subject country, the designated
authority in its final findings issued vide notification No. 15/10/2007-DGAD,
dated 26th February, 2009, published in Part I, Section 1 of the Gazette of
India, Extraordinary, dated the 26th February, 2009, has come to the conclusion
that-
- the subject goods are entering the Indian market at dumped prices and
dumping margins of the subject goods imported from Iran is substantial and above
de-minimis;
- the subject goods are likely to enter the Indian market at dumped prices and
the likely dumping margins in respect of imports from Iran is substantial and
above de-minimis;
- the subject goods are likely to enter Indian market at dumped prices, should
the present measures be withdrawn; and
- even though the domestic industry has improved its performance during the
period of investigation the situation of domestic industry continues to be
fragile and dumped imports from subject countries continue to cause a
substantial injury to the domestic industry. Further, should the present anti
dumping duties be revoked, injury to the domestic industry is likely to continue
and intensify;
and has recommended continued imposition of definitive anti-dumping duty on
imports of the subject goods, originating in, or exported from, the subject
country and imported into India, in order to remove injury to the domestic
industry;
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5)
of section 9A of the Customs Tariff Act, 1975 (51 of 1975) read with rules 18
and 23 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, after considering the aforesaid final findings of
the designated authority, hereby imposes on the subject 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 country as specified in the
corresponding entry in column (5), and produced by the producer as specified in
the corresponding entry in column (7), when exported from the country as
specified in the corresponding entry in column (6), by the exporter as specified
in the corresponding entry in column (8), and imported into India, an
anti-dumping duty at a rate which is equal to the amount as specified in the
corresponding entry in column (9), in the currency as specified in the
corresponding entry in column (11) and as per unit of measurement as specified
in the corresponding entry in column (10), of the said Table.
Table
| S. No |
Sub- heading |
Description of goods |
Specific-ation |
Country of origin |
Country of export |
Producer |
Exporter |
Duty Amount |
Unit |
Curren-cy |
| (1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
| 1 |
2921 29 |
Hexa Methylene Tetramine, commonly known as Hexamine
|
Any |
Iran |
Any |
Any |
Any |
107.28 |
Metric Tonne |
US Dollar |
| 2 |
2921 29 |
Hexa Methylene Tetramine, commonly known as Hexamine
|
Any |
Any |
Iran |
Any |
Any |
107.28 |
Metric Tonne |
US Dollar |
2. The anti-dumping duty imposed under this notification shall be effective for
a period of five years (unless revoked, superseded or amended earlier) from the
date of publication of this notification in the Official Gazette. The
anti-dumping duty shall be paid in Indian currency.
Explanation. - For the purposes of this notification, rate of exchange
applicable for the purposes of calculation of 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 section 14 of the Customs Act, 1962 (52 of
1962) and the relevant date for 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.
(Unmesh Sharad Wagh)
Under Secretary to the Government of India.
[F. No.354/3/2003-TRU (Part-I)