GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No.40/2009-Customs
New Delhi, the 29th April, 2009
G.S.R. (E). – Whereas, in the matter of imports of Thionyl Chloride (hereinafter
referred to as the subject goods), falling under tariff item 2812 10 47 of the
First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or
exported from, the European Union (hereinafter referred to as the subject
country) and imported into India, the designated authority in its preliminary
findings vide notification No.14/1/2008-DGAD dated the 31st March, 2009
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the
31st March, 2009, had come to the conclusion that –
- the product under consideration had been exported to India from the European
Union below its normal value;
- the domestic industry had suffered material injury; and
- the injury had been caused by the dumped imports from the European Union;
and had recommended imposition of provisional anti-dumping duty on the imports
of subject goods, originating in, or exported from, the subject country;
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 tariff item of the First Schedule to the said
Customs Tariff Act as specified in the corresponding entry in column (2),
originating in the country specified in the corresponding entry in column (4),
and exported from the country specified in the corresponding entry in column (5)
and produced by the producer specified in the corresponding entry in column (6)
and exported by the exporter specified in the corresponding entry in column (7),
and imported into India, an anti-dumping duty at the rate equal to the amount
indicated in the corresponding entry in column (8), in the currency as specified
in the corresponding entry in column (10) and per unit of measurement as
specified in the corresponding entry in column (9) of the said Table.
Table
| S.No |
Tariff item |
Description
of goods |
Country of
origin |
Country of
export |
Producer |
Exporter |
Duty
amount |
Unit |
Currency |
| (1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
| 1 |
2812 10 47 |
Thionyl
Chloride |
European
Union |
European
Union |
Lanxess
AG |
Lanxess
Deutschland
GmbH |
33 |
Per
MT. |
US dollar |
| 2 |
2812 10 47 |
Thionyl
Chloride |
European
Union |
European
Union |
Any combination of
producer and exporter
other than the S No. 1 |
84 |
Per
MT. |
US dollar |
3
|
2812 10 47 |
Thionyl
Chloride |
European
Union |
Any
Country/territory
other than
European
Union |
Any |
Any |
84 |
Per
MT. |
US dollar |
| 4 |
2812 10 47 |
Thionyl
Chloride |
Any
Country/territory
other than
European
Union |
European
Union |
Any |
Any |
84 |
Per
MT. |
US dollar |
2. The anti-dumping duty imposed under this notification shall be effective upto
and inclusive of the 28th October, 2009, and shall be payable 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.354/89/2009-TRU]