[PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II SECTION 3, SUB-SECTION (I)]

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

5th July, 2002

Notification No. 68/2002-Customs

WHEREAS in the matter of import of D (-) Para Hydroxy Phenyl Glycine Base, falling under sub-heading 2942.00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, European Union, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 5th June, 2002 has come to the conclusion that –

(a) D (-) Para Hydroxy Phenyl Glycine Base has been exported to India, from European Union, below its normal value;
(b) the Indian industry has suffered material injury and is facing the threat of further injury due to dumped imports;
(c) the domestic industry, on account of the injury being suffered, is facing material retardation in the establishment of new industry to manufacture D (-) Para Hydroxy Phenyl Glycine Base;

AND WHEREAS the designated authority has recommended provisional anti-dumping duty, pending final determination, on imports of D (-) Para Hydroxy Phenyl Glycine Base, originating in, or exported from, European Union;

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 D (-) Para Hydroxy Phenyl Glycine Base, also known as D(-) Alpha Para Hydroxy Phenyl Glycine, D(-) Alpha Para Hydroxy Phenyl Glycine Base, D(-) Para Hydroxy Phenyl Glycine, Para Hydroxy Phenyl Glycine Base, Para Hydroxy Phenyl Glycine, D(-) P – Hydroxy Phenyl Glycine Base or D(-) P – Hydroxy Phenyl Glycine, falling under sub-heading 2942.00 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, European Union, by exporters specified in column (2) of the Table given below, and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between the amount mentioned in the corresponding entry in column (3) of the said Table and the landed value of such imported D (-) Para Hydroxy Phenyl Glycine Base per kilogram.

Table

Sr. No.

Exporter

Amount(US$ per kilogram)

(1)

(2)

(3)

1.

DSM Deretil S.A., Spain

21.38

2.

Recordati, Italy

21.81

3.

Other exporters from European Union

21.81

2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 4th day of January, 2003, 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; and

(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, 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.

G.D.Lohani
Under Secretary to the Government of India

F.No.354/111/2002-TRU

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