Notification Number : [10/2001-Cus. Dated: 31-01-2001]

WHEREAS in the matter of import of Sodium Cyanide, falling under Chapter 28 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the United States of America, Czech Republic, the European Union and Korea RP, the designated authority, vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 18th October, 1999 had come to the conclusion that -

(a)  Sodium Cyanide originating in, or exported from, the United States of America, Czech Republic, the European Union and Korea RP 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/territory;

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. 134/99-Customs, dated the 27th December, 1999, [G.S.R. 824 (E), dated the 27th December, 1999] published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 27th December, 1999;

AND WHEREAS the designated authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7th March, 2000 has come to the conclusion that -

(a)  Sodium Cyanide, originating in, or exported from, the United States of America, Czech Republic, the European Union and Korea RP has been exported to India below normal value, resulting in dumping;

(b)  the domestic industry has suffered material injury;

(c)  the injury has been caused to the domestic industry by the dumping of Sodium Cyanide originating in, or exported from, the subject countries/territory;

AND WHEREAS on the basis of the aforesaid final findings of the designated authority, the Central Government has imposed anti-dumping duty vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 83/2000-Customs dated the 6th June, 2000, [G.S.R. 522 (E), dated the 6th June, 2000] published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 6th June, 2000;

AND WHEREAS the Customs, Excise and Gold (Control) Appellate Tribunal, in its final order No. 35/2000-AD, dated the 22nd August, 2000 in Appeal No. C/213/2000-AD in the matter of M/s Cyanides & Chemicals Company v. The designated authority, has modified the said notification No. 83/2000-Customs, dated the 6th June, 2000 to prescribe the anti-dumping duty in US dollar terms;

AND WHEREAS the designated authority has accepted the above order of Customs, Excise and Gold (Control) Appellate Tribunal, dated the 22nd August, 2000;

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (8) of section 9A, read with rules 18 and 20 of 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. 83/2000-Customs dated the 6th June, 2000, [G.S.R. 522 (E), dated the 6th June, 2000], except as respects things done or omitted to be done before such supersession, the Central Government hereby imposes on Sodium Cyanide, falling under sub-heading No. 2837.11 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the countries or territory mentioned in column (2) of the Table annexed hereto, and when 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 the landed value of such imported Sodium Cyanide per metric tonne.

Table

2. Nothing contained in this notification shall apply to Sodium Cyanide manufactured by M/s. Tong Suh Petrochemicals Corp. Ltd., Korea RP and exported by M/s. Hanwha Corporation, Korea RP, if the jurisdictional Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, is satisfied that such Sodium Cyanide has been manufactured by the said M/s. Tong Suh Petrochemicals Corp. Ltd.

3. The anti-dumping duty shall be paid 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.

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