Anti-dumping duty: Sodium Cyanide export originating from USA, Czech
Republic, European Union and Korea RP
WHEREAS in the matter of import
of Sodium Cyanide, falling under Chapter 28 of the First Schedule to the Customs
Tariff Act, 1975 (51 of 1975), originating in, or exported from, the United
States of America, Czech Republic, European Union and Korea RP, the Designated
Authority, vide its preliminary findings, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 18th October, 1999 had
come to the conclusion that-
(a) Sodium Cyanide, originating in, or exported
from, the United States of America, Czech Republic, European union and Korea RP
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/
territory;
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. 134/99-Customs, dated the 27th
December, 1999, published in Part II, Section 3, Sub-section (i) of the Gazette
of India, Extraordinary, dated the 27th December, 1999;
AND WHEREAS the Designated vide
its final findings published in the Gazette of India, Extraordinary, Part I,
Section 1, dated the 7th March, 2000 has come to the conclusion that-
(a) Sodium Cyanide, originating in, or exported
from, the United States of America, Czech Republic, European union and Korea RP
has been exported to India below normal value, resulting in dumping;
(b) the
domestic industry has suffered material injury;
(c) the injury has been caused to the domestic
industry by the dumping of Sodium Cyanide originating in, or exported from, the
subject countries/ territory;
Now, therefore, in exercise of
the powers conferred by sub-sections (1) and (5) of section 9A of the said
Customs Tariff Act, read with 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 Sodium Cyanide, falling under Chapter 28 of the First Schedule to the
said Customs Tariff Act, originating in, or exported from countries or
territories mentioned in column (2) of the Table annexed hereto, and when
exported by exporters mentioned in the corresponding entry in column (3) of the
said Table, and imported into India, an anti-dumping duty at the rate which is
to be calculated as the difference between the amount mentioned in the
corresponding entry in column (4) of the said Table and the landed value of such
imported Sodium Cyanide per metric tonne.
Sl.No.
|
Country/ Territory
|
Exporter/
Producer
|
Amount
(Rupees
per metric tonne)
|
(1)
|
(2)
|
(3)
|
(4)
|
1.
|
United States of America
|
All exporters
|
68025
|
2.
|
European Union
|
(i) M/s Degussa Huls
(ii) All other exporters
|
(i) 68025
(ii) 68025
|
3.
|
Czech Republic
|
All exporters
|
68025
|
4.
|
Korea RP
|
All exporters
|
68025
|
2. Nothing contained in this notification
shall apply to Sodium Cyanide manufactured by M/s Tong Suh Petrochemicals Corp
Ltd., Korea RP and exported by M/s Hanwha Chemical Corporation, Korea RP,
provided that the jurisdictional Deputy Commissioner of Customs or Assistant
Commissioner of Customs, as the case may be, is satisfied that such Sodium
Cyanide has been manufactured by the said M/s Tong Suh Petrochemicals
Corporation Ltd.
3. 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 27th December 1999.
Explanation I. - 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 duties levied under sections 3, 3A, 8B, 9 and 9A, as the case may
be, of the Customs Tariff Act, 1975.
|