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Anti-dumping Duty: Barium Carbonate originating exports from China PR
WHEREAS in the matter of import of
Barium Carbonate falling under Chapter 28 of
the First Schedule to the Customs Tariff Act, 1975(51 of 1975), originating in
or exported from, China PR, the Designated Authority vide its preliminary
findings, published in the Gazette of India Extraordinary, Part I, Section 1,
dated the 4th October, 1999 had come to the conclusion that-
(a) Barium carbonate originating in, or exported from, China PR has been
exported to India below its normal value, resulting in dumping;
(b) the Indian industry has suffered material injury;
(c) the injury has been caused cumulatively by the imports from the
subject country;
AND WHEREAS on the basis of the
aforesaid findings of the Designated Authority, the Central Government had
imposed an anti-dumping duty vide notification of the Government of India in the
Ministry of Finance (Department of Revenue) No. 126/ 99- Customs dated the 17th
November 1999, published in Part II, Section 3, Sub-section (i) of the Gazette
of India, Extraordinary, dated the 17th November 1999;
AND WHEREAS the Designated
Authority vide its final findings published in the Gazette of India,
Extraordinary, Part I, Section I, dated the 23rd March 2000 has come
to the conclusion that: -
(a) Barium carbonate originating in, or exported from, China PR has been
exported to India below its normal value, resulting in dumping;
(b) the Indian industry has suffered material injury;
(c) the injury has been caused cumulatively by the imports from the
subject country;
Now, therefore, in exercise of the
powers conferred by sub-section (1) of section 9A of the Customs Tariff Act, 1975 (51 of 1975), read with sub-section (5) thereof
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 barium carbonate,
falling under Chapter 28 of
the First Schedule to the said Customs Tariff Act, 1975(51 of 1975), originating
in, or exported from, China PR, and when exported by the exporters mentioned in
the corresponding entry in column (2) of the Table annexed thereto, and imported
into India, an anti-dumping duty at a rate which is to be calculated as the
difference between the amount mentioned in the corresponding entry in column (3)
of the said Table and the landed value of such imported barium carbonate per
metric tonne.
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S. No.
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Name of the
Company
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Amount
(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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Qingdao Red
Star Chemicals Group Co Ltd., China (former name Qingdao Red Star Chemical
factory)
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423.03
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2.
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Any
other Exporter
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423.03
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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 17th November 1999 and shall
be payable in Indian currency.
Explanation
1- For the purposes of this notification �landed value� means the
assessable value as determined under the Customs Act, 1962 (52 of 1962) and
includes all duties of customs except customs duties levied under section 3, 3A,
8B, 9 or section 9A, as the case may be, of the said Customs Tariff Act.
Explanation
2- For the purpose of conversion of the amount specified in column (3)
of the Table above into Indian currency the �rate of exchange� applicable
shall be the rate notified by the Central Government under sub-clause (i) of
clause (a) of sub-section (3) of section 14 of the said Customs Act and in force
on the date on which the bill of entry is presented under section 46 of the said
Customs Act.
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