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Anti-Dumping Duty: D (-) Para Hydroxy Phenyl Glycine Base, Originating
in, or Exported from, People�s Republic of China and Singapore
Customs
Notification No. 122 dated 31st October 2002
WHEREAS
in the matter of import of D (-) Para Hydroxy Phenyl Glycine Base, falling under
sub-heading 2942.00 of the First Schedule to the Customs Tariff Act, 1975 (51 of
1975), originating in, or exported from, People�s Republic of China and
Singapore, the designated authority vide its preliminary findings
notification No. 51/1/2001-DGAD dated the 31st December, 2001,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the
31st December, 2001, had come to the conclusion that -
(a)
D (-) Para Hydroxy Phenyl Glycine Base had been exported to India from
People�s Republic of China and Singapore below its normal value;
(b)
the Indian industry had suffered material injury and is facing threat of
further injury;
(c)
the domestic industry, on account of the injury being suffered, was
suffering material retardation in the establishment of new industry to
manufacture D (-) Para Hydroxy Phenyl Glycine Base;
(d)
the injury had been caused cumulatively by the imports from People�s
Republic of China and Singapore;
AND
WHEREAS on the basis of the aforesaid findings of the designated authority, the
Central Government had imposed an anti-dumping duty on D (-) Para Hydroxy Phenyl
Glycine Base vide notification of the Government of India in the
erstwhile Ministry of Finance (Department of Revenue), No. 18/ 2002-Customs,
dated the 15th February, 2002, [G.S.R. 102(E), dated the 15th
February, 2002], published in Part II, Section 3, Sub-section (i) of the Gazette
of India, Extraordinary, dated the 15th February, 2002;
AND
WHEREAS the designated authority, vide its final findings notification
No. 51/ 1/ 2001-DGAD, dated the 20th September, 2002 published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 20th
September, 2002 has come to the conclusion that -
(a)
D (-) Para Hydroxy Phenyl Glycine Base has been exported to India from
People�s Republic of China and Singapore below its normal value;
(b)
the Indian industry has suffered material injury and is facing threat of
further injury;
(c)
the domestic industry, on account of the injury being suffered, is
suffering material retardation in the establishment of new industry to
manufacture D (-) Para Hydroxy Phenyl Glycine Base;
(d)
the injury has been caused cumulatively by the imports from People�s
Republic of China and Singapore; and has recommended the imposition of
definitive anti-dumping duty on all imports of the said D (-) Para Hydroxy
Phenyl Glycine Base originating in, or exported from, People�s Republic of
China and Singapore;
NOW,
THEREFORE, in exercise of the powers conferred by sub-section (1), read with
sub-section (5) of section 9A of the said Customs Tariff Act, 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 all imports of D (-) Para Hydroxy
Phenyl Glycine Base, also known as D (-) Alpha Para Hydroxy Phenyl Glycine, D
(-) Alpha Para Hydroxy Phenyl Glycine Base, D (-) Para Hydroxy Phenyl Glycine,
Para Hydroxy Phenyl Glycine Base, Para Hydroxy Phenyl Glycine, D (-) P-Hydroxy
Phenyl Glycine Base or D (-) P - Hydroxy Phenyl Glycine, falling under
sub-heading 2942.00 of the First Schedule to the said Customs Tariff Act,
originating in, or exported from, the country specified in column (2) of the
Table below, when exported by the exporters specified in the corresponding entry
in column (3) of the said Table and imported into India, an anti-dumping duty at
a rate which is equivalent to the difference between the amount specified in the
corresponding entry in column (4) of the said Table and the landed value, in US
$ per kilogramme, of such imported D (-) Para Hydroxy Phenyl Glycine Base.
TABLE
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S.
No.
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Name
of the Country
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Name
of the Exporter
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Amount
(US$ per Kg.)
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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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People�s Republic of China
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All exporters
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22.42
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2.
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Singapore
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M/s Kaneka Singapore Co. (Pte) Ltd.
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20.88
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3.
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Singapore
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Other than that specified against S.No.2
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22.42
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2.
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 15th February 2002, and shall be paid in Indian currency.
Explanation:
For the purposes of this notification, -
(a)
�landed value� means the assessable value as determined under the Customs
Act, 1962 (52 of 1962) and includes all duties of customs except duties levied
under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act; and
(b)
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 and Company Affairs
(Department of Revenue), issued from time to time, in exercise of the powers
conferred by sub-clause (i) of clause (a) of sub-section (3) of section 14 of
the said Customs Act, 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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