[PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II SECTION 3, SUB-SECTION (I)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
9th December, 2005
Notification No. 101/2005-Customs
Whereas in the matter of import of Methylene Chloride (hereinafter referred to as the subject goods), falling under the 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 (hereinafter referred to as the subject countries), the designated authority in its preliminary findings vide 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 subject countries, 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 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 on the subject goods 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, in its final findings vide 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, had come to the conclusion that –
(a) Methylene Chloride, originating in or exported from, the subject countries has been exported to India below normal value, resulting in dumping;
(b) the domestic industry has suffered material injury ;
(c) material injury has been caused by imports from the subject countries/territory;
And Whereas on the basis of the aforesaid final findings of the designated authority, the Central Government had imposed final anti-dumping duty on the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 157/2003-CUSTOMS, dated the 20th, October, 2003, G.S.R.827(E), dated the 20th October, 2003 published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 20th, October, 2003;
And Whereas the designated authority, in its final findings in mid-term review, vide notification No.15/28/2004-DGAD dated the 31st October, 2005,published in the Gazette of India, Extraordinary, Part I, section 1, dated the 31st October, 2005, has come to the conclusion that-
(a) Subject goods, originating in or exported from the European Union are found to be exported at above their normal value and are undumped;
(b) no imports have taken place from South Africa during the period of investigation;
(c ) volume of exports from Singapore, which is insignificant (merely 0.33% of total imports), has been found to be exported to India below their normal value and are dumped;
(d) the domestic industry has not suffered material injury due to imports from subject countries;
(e) and discontinuation of anti-dumping duty on imports of subject goods from subject countries is not likely to lead to recurrence of dumping or injury to the domestic industry; and has recommended discontinuation of the anti-dumping duty imposed on imports of subject goods, originating in, or exported from, the subject countries.
Now, therefore, in exercise of the powers conferred by sub-section (1), and sub-section (5) of section 9A of the said Customs Tariff Act, 1975, read with rule 23 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 hereby rescinds the notification of the Government of India in the Ministry of Finance (Department of Revenue), No.157/2003-CUSTOMS, dated the 20th, October, 2003, G.S.R.827(E), dated the 20th, October, 2003, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 20th, October, 2003, except as respects things done or omitted to be done before such rescission.
F.No.354/4/2003-TRU- (Pt.-I)
