Notification No. 99/2000-Customs dt. the 11th July, 2000

Anti-Dumping duty on import of Pure Terephthalic Acid

G.S.R. (E). - 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, Kore 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.

 

                                                Table
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        S. No.          Name of the exporter                  		Amount of duty (in US dollar per metric tonne) 
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       	  (1)                      (2)                                  			    (3) 
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          1      M/s Samsung Petrochemicals Co. Ltd. SPC)    			    16.07
      _____________________________________________________________________________________
          2      Any other exporter                                     		                    17.04
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2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 20th day of November, 2002, unless the time limit is extended or the notification is revoked before such time, by notification published in the official gazette.

Explanation:-
For the purpose 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 presentation of the "bill of entry" under section 46 of the said Customs Act.