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

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

1st May, 2003

Notification No. 71/2003-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, the European Union, the designated authority vide its preliminary findings notification No. 14/6/2002-DGAD dated the 5th June, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 5th June, 2002, had come to the conclusion that –

(a) D(-) Para Hydroxy Phenyl Glycine Base had been exported to India from the European Union below its normal value;

(b) the Indian industry had suffered material injury and was facing threat of further injury;

(c) the domestic industry, on account of the injury being suffered, was facing material retardation in the establishment of new industry to manufacture D (-) Para Hydroxy Phenyl Glycine Base;

AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on D (-) Para Hydroxy Phenyl Glycine Base vide notification of the Government of India in the erstwhile Ministry of finance (Department of Revenue), No. 68/2002-Customs, dated the 5th July, 2002, [G.S.R. 472(E), dated the 5th July, 2002], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 5th July, 2002;

AND WHEREAS the designated authority, vide its final findings notification No. 14/6/2002-DGAD dated the 7th March, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7th March, 2003 has come to the conclusion that –

(a) D (-) Para Hydroxy Phenyl Glycine Base has been exported to India from the European Union below its normal value;

(b) the Indian industry has suffered material injury;

(c) the domestic industry, on account of the injury being suffered, is also facing material retardation in the establishment of new industry to manufacture D (-) Para Hydroxy Phenyl Glycine Base;

(d) the material injury and material retardation is on account of dumped imports from the European Union;

and has recommended the imposition of definitive anti-dumping duty on all imports of  the said D(-) Para Hydroxy Phenyl Glycine Base originating in, or exported from, the European Union;

Now, therefore, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act, and rules 18 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 final findings of the designated authority, hereby imposes on all imports of 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, the European Union,  by exporters or producers specified in column (2) o 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, in US Dollar per kilogramme, of such imported D (-) Para Hydroxy Phenyl Glycine Base.

Table

Sr.No. Name of the exporter Amount

( US Dollar  per Kilogramme)

(1) (2) (3)
1. All exporters or producers other than, DSM Deretil, Spain 21.60

2. The anti-dumping duty imposed under this notification shall be levied with efect from the date of imposition of the provisional anti-dumping duty, i.e. the 5th July, 2002, and 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; 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 and Company Affairs (Department of Revenue), issued rom 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.

Sivasubramanian

Deputy Secretary to the Government of India

F.No.354/111/2002-TRU

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Category : Custom Duty (6694)
Type : Notifications (15398) Notifications/Circulars (30679)

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