Notification No. 21/2004-Cus Date 20/01/2004

Anti dumping duty on import of Flexible Slabstock Polyol
Whereas, in the matter of import of Flexible Slabstock Polyol, falling under sub-heading 3907.20 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People's Republic of China, Republic of Korea, Taiwan and Brazil (hereinafter referred to as the subject countries), the designated authority vide its preliminary findings in notification No 14/4/2003-DGAD, dated the 11th December, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the11th December, 2003, has come to the conclusion that -

(a) Flexible Slabstock Polyol, originating in, or exported from the subject countries, has been exported to India below its normal value;

(b) the domestic industry has suffered material injury;

(c) the material injury has been caused cumulatively to the domestic industry by dumping of Flexible Slabstock Polyol, originating in, or exported from the subject countries;

and has considered it necessary to recommend the imposition of provisional anti dumping duty on import of such Flexible Slabstock Polyol, originating in, or exported from the subject countries;

Now, therefore, in exercise of the 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 the goods, the description of which is specified in column (3) of the Table below, falling under sub-heading or 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 column (4) of the said Table, originating in the countries 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 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 difference between, 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, and the landed value of such imported goods in like currency per like unit of measurement.

TABLE

Sl. No	Sub-head- ing	Des- crip- tion of goods	Spe- cifica- tion	Country of origin	Country of Export	Prod- ucer	Expo- rter	Amo- unt	Unit of Mea- sure- ment	Cur- re- ncy
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
1.	3907 20	Flexible Slabstock Polyol	Molecular Weight 3000 to 4000	P.R.China	Any Country	Any Producer	Any Exporter	1463.71	Metric Tonne	US Dollar
2.	3907 20	Flexible Slabstock Polyol	Molecular Weight 3000 to 4000	Any Country	P.R.China	Any Producer	Any Exporter	1463.71	Metric Tonne	US Dollar
3.	3907 20	Flexible Slabstock Polyol	Molecular Weight 3000 to 4000	Republic of Korea	Any Country	Any Producer	Any Exporter	1463.71	Metric Tonne	US Dollar
4.	3907 20	Flexible Slabstock Polyol	Molecular Weight 3000 to 4000	Any Country	Republic of Korea	Any Producer	Any Exporter	1463.71	Metric Tonne	US Dollar
5.	3907 20	Flexible Slabstock Polyol	Molecular Weight 3000 to 4000	Taiwan	Any Country	Any Producer	Any Exporter	1463.71	Metric Tonne	US Dollar
6.	3907 20	Flexible Slabstock Polyol	Molecular Weight 3000 to 4000	Any Country	Taiwan	Any Producer	Any Exporter	1463.71	Metric Tonne	US Dollar
7.	3907 20	Flexible Slabstock Polyol	Molecular Weight 3000 to 4000	Brazil	Any Country	Any Producer	Any Exporter	1463.71	Metric Tonne	US Dollar
8.	3907 20	Flexible Slabstock Polyol	Molecular Weight 3000 to 4000	Any Country	Brazil	Any Producer	Any Exporter	1463.71	Metric Tonne	US Dollar

2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 19th day of July, 2004, 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 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 said Customs Act, 1962 (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.