Anti dumping Duty: Bisphenol-A export originating from United States of
America
Whereas in the matter of import
of Bisphenol-A, falling under Chapter 29 of the First Schedule to the Customs
Tariff Act, 1975 (51 of 1975), originating in, or exported from, the United
States of America, the designated authority vide its final findings, published
in the Gazette of India Extraordinary, Part I, Section 1 dated the 29th April,
1997 had come to the conclusion that -
(a) Bisphenol-A originating in, or
exported from, the United States of America has been exported to India below the
normal value;
(b)
The domestic industry has suffered material injury;
(c) The injury has been caused to the
domestic industry by the exports originating in, or exported from, the United
States of America;
And whereas on the basis of the
aforesaid findings of the designated authority, the Central Government has
imposed anti-dumping duty vide notification No. 40/97-Customs, dated the 29th
April, 1997 (G.S.R. 234 (E), dated the 29th April, 1997) published in Part II,
Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the
29th April, 1997;
And whereas on the basis of a
request by M/s First Inter Continental Corporation, the United States of America
for review in terms of rule 22 of the Customs Tariff (Identification, Assessment
and Collection of Anti-dumping Duty on Dumped Articles and for Determination of
Injury) Rules, 1995 in respect of exports made by and the recommendation of
designated authority vide notification No. 41/1/99 - DGAD dated the 31st August,
1999 published in the Gazette of India, Extraordinary, Part I, Section 1 dated
the 2nd September, 1999, the Central Government, vide notification No.
132/99-Customs, dated the 24th day of December, 1999 (published in the Gazette
of India, Extraordinary, vide G.S.R. 819(E), dated the 24th day of December,
1999), had ordered that pending the outcome of the review initiated by the
designated authority, Bisphenol-A exported, from the date of initiation of the
said review to the date of completion of the said review by M/s First Inter
Continental Corporation, the United States of America, when imported into India
shall be subjected to provisional assessment and a bank guarantee for the amount
of duty calculated at the rate of Rs. 10,000/- per metric tonne;
And whereas the designated
authority vide its final findings on review, published in the Gazette of India,
Extraordinary, Part-I, Section 1, dated the 14th June 2000 has recommended
imposition of anti-dumping duty at the rate of Rs.10, 000/- per metric tonne
during the period of review from 31st August, 1999;
Now, therefore, in exercise of
the powers conferred by sub-rule (2) of rule 22 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 in review of the designated
authority, hereby rescinds the notification of the Government of India in the
Ministry of Finance (Department of Revenue) No. 132/99-Customs, dated the 24th
day of December, 1999 and orders that all provisional assessments of Bisphenol-A
exported by M/s First Intercontinental Corporation, the United States of America
and imported into India may be finalised, calculating the applicable
anti-dumping duty at the rate of Rs. 10, 000/- per metric tonne, made in
pursuance of aforesaid notification No. 132/99-Customs, dated 24th day of
December, 1999, from the date of initiation of said review i.e. the 31st day of
August, 1999.
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