Anti-dumping Duty on D(-) Para Hydroxy Phenyl Glycine Base, falling under heading 29.42.
WHEREAS, in the matter of import of D(-) Para Hydroxy Phenyl Glycine Base, falling under heading
29.42 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 Singapore, the designated authority, vide its
preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the
31st December, 2001, 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 the subject countries;
NOW, THEREFORE, in exercise of powers conferred by sub-section (2) of
section 9A of the said Customs Tariff Act, read with rules 13 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 findings
of the designated authority, hereby imposes on D(-) Hydroxy Phenyl Glycine Base, falling under
heading 29.42 of the First Schedule to the Customs Tariff Act, originating in, or exported from
countries mentioned in column (2) of the Table annexed hereto, 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 landed value of such imported D(-) Para
Hydroxy Phenyl Glycine Base per Kilogramme.
Table
S.No.
Name of the country
Name of the exporter
Amount (in $ US per Kilogramme)
(1)
(2)
(3)
(4)
1.
People’s Republic of China
All exporters
24.83
2.
Singapore
(a) M/s Kaneka Singapore Co. (Pte) Ltd.
24.83
(b) Other exporters from Singapore
24.83
2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of
the 14th day of August, 2002, and shall be payable 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;
(b) rate of exchange applicable for the purposes of calculation of 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 said Customs Act, 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.