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Anti-Dumping Duty: Choline Chloride export originating from the
People�s Republic of China and the European Union
WHEREAS
in the matter of import of Choline Chloride, falling under sub-headings
2309.90 or 2923.10 of the First Schedule to the Customs Tariff Act, 1975 (51 of
1975), originating in, or exported from, the People�s Republic of China and
the European Union, the designated authority vide its preliminary
findings, published in the Gazette of India, Extraordinary, Part I, Section 1,
dated the 23rd February, 2001 had come to the conclusion that -
(a) Choline
Chloride, in all forms, originating in, or exported from, the People�s
Republic of China and the European Union, have been exported to India below
their normal value;
(b) the
domestic industry has suffered material injury by way of decline in its market
share and financial losses due to depressed net sales realization on account of
price depression caused by low landed prices of the dumped Choline Chloride;
(c) the
injury has been caused to the domestic industry by dumping of the Choline
Chloride, originating in, or exported from, the People�s Republic of China and
the European Union;
AND
WHEREAS on the basis of the aforesaid findings of the designated authority, the
Central Government had imposed an anti-dumping duty on the said Choline Chloride
vide notification of the Government of India in the Ministry of Finance
(Department of Revenue), No.34/2001-Customs, dated the 30th March,
2001, published in Part II, Section 3, Sub-section (i) of the Gazette of India,
Extraordinary, dated the 30th March, 2001 vide No. G.S.R. 230(E),
dated the 30th March, 2001;
AND
WHEREAS the designated authority vide its final findings published in the the
Gazette of India, Extraordinary, Part I, Section 1, dated the 27th
November, 2001 has come to the conclusion that -
(a) Choline
Chloride, in all forms, originating in, or exported from, the People�s
Republic of China and the European Union, have been exported to India below
their normal value;
(b) the
domestic industry has suffered material injury by way of decline of depressed
net sales realization on account of price suppression caused by low landed
prices of the dumped Choline Chloride from the People�s Republic of China and
the European Union leading to financial losses;
(c) the
injury has been caused to the domestic industry by dumping of the Choline
Chloride, originating in, or exported from, the People�s Republic of China and
the European Union;
Now,
therefore, in exercise of powers conferred by sub-section (1) of section 9A of
the said Customs Tariff Act, read with sub-section (5) of the said section 9A
and rule 18 and rule 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 Choline Chloride of all
forms, grades and concentration, falling under sub-headings 2309.90 or 2923.10
of the First Schedule to the said Customs Tariff Act, originating in, or
exported from, country or territory specified in column (2) of the Table annexed
hereto and exported by exporters mentioned in column (3) of the said Table, and
when imported into India, an anti-dumping duty at the rate specified in the
corresponding entry in column (4) of the said Table.
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S.No.
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Name
of the Country/ Territory
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Name
of the exporter/producer
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Amount
of duty (US $ per metric tonne for Choline Chloride of all forms and grades and
of 100% concentration)
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(1)
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(2)
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(3)
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(4)
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1.
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European Union
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(a) M/s Akzo Nobel
Chemicals S.p.A., Italy and M/s Akzo Nobel Functional Chemical BV, Netherlands
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171.50
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(b) All other
exporters and producers
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346.80
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2.
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People�s Republic
of China
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All exporters and
producers
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489.33
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Note:
The rate of anti-dumping duty for Choline Chloride of all forms and grades of
concentration other than 100% shall be worked out on pro rata basis
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2. The
anti-dumping duty imposed under this notification shall be levied with effect
from the date of imposition of provisional anti-dumping duty, i.e. 30th
March, 2001, and shall be payable in Indian currency.
Explanation:
For the purposes of this notification, 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 under sub-clause (i) of clause (a) of sub-section (3) of section 14 of
the Customs Act, (52 of 1962) 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.
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