Anti-dumping duty on Potassium Permanganate falling under tariff item 2841 61 00
G.S.R. (E).- WHEREAS in the matter of import of Potassium Permanganate falling under tariff item
2841 61 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or
exported from, the People’s Republic of China, Hong Kong and Taiwan, the designated authority,
vide its final findings notification No.46/1/2000-DGAD dated the 8th September, 2001, published in
the Gazette of India, Extraordinary, Part I, Section 1, dated the 10th September, 2001, had come to
the conclusion that –
(a) Potassium Permanganate originating in, or exported from, the
People’s Republic of China, Hong Kong and Taiwan, had been exported to India below normal value,
resulting in dumping;
(b) the domestic industry had suffered material injury;
(c) the injury had been caused by the 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. 113/2001–Customs,
dated the 1st November, 2001, [G.S.R. 815(E), dated the 1st November, 2001] published in Part II,
Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 1st November, 2001;
AND WHEREAS the Customs, Excise and Gold (Control) Appellate Tribunal (hereinafter referred to as
CEGAT), in its final order No.03/2002-AD, dated the 28th October, 2002 in Appeal No.C/575/2001-AD in
the matter of M/s Universal Chemicals and Industries Ltd. Vs. Ministry of Finance/Designated Auth.
has held that “defects in data and investigation has rendered the final findings regarding normal
value, dumping margin and anti-dumping duty vitiated and unreliable in respect of M/s Yunnan
Province Jainshui County Chemical Industry Factory. That exporter is also required to be treated as
a non-cooperating exporter and duty imposed on its exports at the same rate as in the case of other
exporters from China by making necessary amendment in Notification No. 113/2001-Cus dated 1.11.2001.
It is, accordingly, ordered that the following entry shall be substituted for the existing entry
under Sl. No. 1 in notification No. 113/2001-Cus dated 1.11.2001 relating to levy of duty on exports
of Potassium Permangnate from People’s Republic of China:
(1)
(2)
(3)
(4)
(1)
People’s Republic of China
(b) All producers/exporters
440”
AND WHEREAS the designated authority has accepted the aforesaid order of CEGAT dated the 28th
October, 2002 and issued Corrigendum dated the 23rd April, 2003, to the aforesaid final findings
notification, dated the 8th September, 2001;
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, and in supersession of the notification of the Government of
India, in the Ministry of Finance (Department of Revenue), No. 113/2001-Customs dated the 1st
November, 2001 [G.S.R. 815(E), dated the 1st November, 2001], except as respects things done or
omitted to be done before such supersession, the Central Government, hereby imposes on the said
Potassium Permanganate, falling under tariff item 2841 61 00 of the First Schedule to the said
Customs Tariff Act, originating in, or exported from, any country mentioned in column (2) of the
Table below, and imported into India, an anti-dumping duty at a rate which is specified in the
corresponding entry in column (3) of the said Table.
TABLE
S.No.
Name of the Country
Amount of duty
(in US$ per metric tonne)
(1)
(2)
(3)
1.
People’s Republic of China
440
2.
Hong Kong
213
3.
Taiwan
262
2. The anti-dumping duty imposed under this notification 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 of
the Government of India in the Ministry of Finance (Department of Revenue), 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 Customs Act, (52 of 1962) 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.