[PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II SECTION 3, SUB-SECTION (I)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
13th August, 2002
Notification No. 79/2002-Customs
WHEREAS in the matter of import of Phenol, falling under sub-heading 2907.11 or 2707.60 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, South Africa, Singapore and European Union, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 24th June, 2002 has come to the conclusion that –
(a) Phenol has been exported to India from South Africa, Singapore and European Union below its normal value;
(b) the Indian industry has suffered material injury;
(c) the injury has been caused by the dumped imports from South Africa, Singapore and European Union;
and has recommended imposition of provisional anti-dumping duty, pending final determination, on imports of Phenol, originating in, or exported from, South Africa, Singapore and 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 Phenol, falling under sub-heading 2907.11 or 2707.60 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the country/territory specified in column (2) of the Table given below, when exported by producers/exporters specified in column (3) of the said Table, and imported into India, an anti-dumping duty at the rate specified in the corresponding entry in column (4) of the said Table.
TABLE
| S.No. | Name of the country/ territory | Name of the producer/ exporter | Amount
(US$/ Metrictonne) |
|
(1) |
(2) |
(3) |
(4) |
| 1. | Singapore | Mitsui & Co. Ltd. | 95.77 |
| 2. | Singapore | Mitsui Phenol Singapore Pte Ltd. | 101.62 |
| 3. | Singapore | Exporters other than those specified against S.No.1 and 2 | 161.38 |
| 4. | South Africa | Merisol RSA
(a) Bulk sales (b) Drum sales |
89.12 24.76 |
| 5. | South Africa | Exporters other than that specified against S.No.4
(a) Bulk sales (b) Drum sales |
222.74 130.60 |
| 6. | European Union | All exporters | 109.49 |
2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 12th day of February, 2003, and shall be payable 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 & Company Affairs (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.
F.No.354/124/2002-TRU
Vivek Prasad
Under Secretary to the Government of India
26th August, 2002
CORRIGENDUM
In the notification of the Government of India in the Ministry of Finance and Company Affairs (Department of Revenue), No. 79/2002-Customs, dated the 13th August, 2002, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (i), vide number G.S.R.557(E), dated the 13th August, 2002,at pages 4 to 5,-
at page 5 , in line 10, for ” Metisol” , read ” Merisol”.
Vivek Prasad
Under Secretary to the Government of India
F. No. 354/124/2002-TRU
