Anti-dumping duty on Methylene Chloride.
WHEREAS in the matter of import of Methylene Chloride, falling under tariff item 2903 12 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the European Union, South Africa and Singapore, the designated authority vide its preliminary findings notification No. 17/1/2001-DGAD, dated the 24th December, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 24th December, 2002, had come to the conclusion that -
(a) Methylene Chloride, originating in, or exported from, the European Union, South Africa and Singapore, had been exported to India below normal value, resulting in dumping;
(b) the domestic industry had suffered material injury;
(c) injury had been caused by imports from the European Union, South Africa 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 Methylene Chloride vide notification of the Government of India in the erstwhile Ministry of Finance and Company Affairs (Department of Revenue), No. 49/2003-Customs, dated the 27th March, 2003, [G.S.R. 248(E), dated the 27th March, 2003], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 27th March, 2003;
AND WHEREAS the designated authority, vide its final findings notification No. 17/1/2001-DGAD, dated the 14th August, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 18th August, 2003, has come to the conclusion that -
(a) Methylene Chloride, originating in, or exported from, the European Union, South Africa and Singapore, has been exported to India below normal value, resulting in dumping;
(b) the domestic industry has suffered material injury;
(c) injury has been caused by imports from the European Union, South Africa and Singapore;
and has recommended the imposition of definitive anti-dumping duty on all imports of Methylene Chloride, originating in, or exported from, the European Union, South Africa 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 the goods, the description of which is specified in column (3) of the
Table below, falling under tariff item of the First Schedule to the said Customs
Tariff Act as specified in the corresponding entry in column (2), the
specification of which is specified in the corresponding entry in column (4),
originating in the countries or territory, as specified in the corresponding
entry in column (5), and produced by the producers as specified in the
corresponding entry in column (7), when exported from the countries or
territory, as specified in the corresponding entry in column (6), by the
exporters as specified in the corresponding entry in column (8), and imported
into India, an anti-dumping duty at a rate which is equivalent to the amount as
specified in the corresponding entry in column (9), in the currency as specified
in the corresponding entry in column (11) and per unit of measurement as
specified in the corresponding entry in column (10), of the said Table.
TABLE
S. No. Tariff item
Description of goods Specification Country or territory of origin Country or territory of Export Producer Exporter Amount Unit of measure- ment Currency
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) 1. 2903 12 00 Methylene Chloride Bulk European Union Any country other than South Africa and Singapore Any producer Any exporter 118 Metric Tonne US Dollar 2. 2903 12 00 Methylene Chloride Packed European Union Any country other than South Africa and Singapore Any producer Any exporter 80.9 Metric Tonne US Dollar 3. 2903 12 00 Methylene Chloride Bulk or Packed Any country other than the European Union European Union Any producer Any exporter 118 Metric Tonne US Dollar 4. 2903 12 00 Methylene Chloride Bulk or Packed
Any country other than the European Union European Union Any producer Any exporter 80.9 Metric Tonne US Dollar 5. 2903 12 00 Methylene Chloride Bulk or Packed South Africa
Any country other than the European Union and Singapore Any producer Any exporter 140.18 Metric Tonne US Dollar 6. 2903 12 00 Methylene Chloride Bulk or Packed Any country other than the European Union and Singapore South Africa
Any producer Any exporter 140.18 Metric Tonne US Dollar 7. 2903 12 00 Methylene Chloride Bulk or Packed Singapore Any country other than the European Union and South
Africa Any producer Any exporter 36.30 Metric Tonne US Dollar 8. 2903 12 00 Methylene Chloride Bulk or Packed Any country other than the European Union and South
Africa Singapore Any producer Any exporter 36.30 Metric Tonne US Dollar 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 27th
March, 2003, and shall be paid in Indian currency.
Explanation. - For the
purposes of this notification rate of exchange applicable for the purposes of
calculation of such anti-dumping duty shall be the rate which is specified in
the notification, 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.
[157/2003-Cus. Dated: 20-10-2003] *****