WHEREAS in the matter of import of Pure
Terephthalic Acid, falling under Chapter 29 of the First Schedule to the
Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Korea
RP, Thailand and Indonesia, the designated authority vide its final findings,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the
19th March, 1998 had come to the conclusion that -
(a)��� Pure Terephthalic Acid, originating in, or
exported from, Korea RP, Thailand and Indonesia has been exported to India
below normal value, resulting in dumping;
(b)��������� the Indian industry has suffered
material injury;
(c)���������� the injury has been caused
cumulatively by imports from the subject countries;
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.13/98-Customs, dated the 28th
April, 1998, published in Part II, Section 3, Sub-section (i) of the Gazette of
India, Extraordinary, dated the 28th April, 1998;
AND WHEREAS the designated authority
vide its final findings in review of anti-dumping duties concerning imports of
Pure Terephthalic Acid from Korea RP, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 29th May, 2000 has come
to the conclusion that-
(a)��������� Pure Terephthalic Acid, originating
in, or exported from, Korea RP, has been exported to India below normal value;
(b)��� domestic industry has suffered material
injury on account of price suppression caused by dumped imports leading to
financial losses;
(c)��� the injury has been caused to the domestic
industry by dumping of subject goods originating in, or exported from, Korea RP;
(d)��� the authority recognizes the need for
continuation of definitive anti-dumping duty on all imports of Pure
Terephthalic Acid, originating in, or exported from Korea RP;
Now, therefore, in exercise of the
powers conferred by sub-section (1), (5) and (6) of section 9A of the said
Customs Tariff Act, read with rule 23 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 findings of the designated authority, hereby imposes on Pure
Terephthalic Acid, falling under Chapter 29 of the First Schedule to the said
Customs Tariff Act, originating in, or exported from, Korea RP, and when
exported by exporters mentioned in column (2) of the Table annexed below, and
imported into India, an anti-dumping duty at the rate mentioned in
corresponding entry in column (3) of the said Table.
S. No.
|
Name of
the exporter
|
Amount of
duty (in US dollars per metric tonne)
|
(1)
|
(2)
|
(3)
|
1.
|
M/s Samsung Petrochemicals Co.
Ltd. (SPC)
|
16.07
|
2.
|
Any other exporter
|
17.04
|
2.���� The anti-dumping duty imposed under this
notification shall be effective upto and inclusive of the 20th
day of May 2003 unless the time limit is extended or the notification
is revoked before such time, by notification published in the Official Gazette.
Explanation-
For the purposes of this notification, the anti-dumping duty shall be payable
in Indian currency. The �rate of exchange� applicable for the purpose 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 powers under
sub-clause (i) of clause (a) of sub-section (3) of 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.