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

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

11th November, 2002

Notification No. 124/2002-Customs

WHEREAS in the matter of import of D (-) Para Hydroxy Phenyl Glycine Methyl Potassium Dane Salt, falling under sub-heading 2942.00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, People’s Republic of China and Singapore (herein after referred to as the subject countries), the designated authority vide its preliminary findings notification No.14/23/2002-DGAD, dated the 1st October, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 1st October, 2002, has come to the conclusion that –

(a) D (-) Para Hydroxy Phenyl Glycine Methyl Potassium Dane Salt has been exported to India from the subject countries below its normal value;
(b) the Indian industry has suffered materal injury and facing threat of further injury ;
(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 Methyl Potassium Dane Salt;
(d) the injury has been caused cumulatively by the imports from the subject countries;

and has recommended imposition of provisional anti-dumping duty, pending final determination, on imports of D (-) Para Hydroxy Phenyl Glycine Methyl Potassium Dane Salt, originating in, or exported from, the subject countries;

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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 the goods, the description of which is specified in column (3) of the Table below, falling under sub-heading of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), the specification of which is specified in column (4) of the said Table, originating in the countries as specified in the corresponding entry in column (5) , and produced by the producers as specified in the corresponding entry in column (7), when exported from the countries as specified in the corresponding entry in column (6), by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between, the amount as specified in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11) and per unit of measurement as specified in the corresponding entry in column (10), of the said Table, and the landed value of such imported goods in like currency per like unit of measurement.

Table

Sr.No.
Sub-heading
Description of goods
Specification
Country
of origin
Country
of export
Producer
Exporter
Amount
Unit of measurement
Currency
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
1.
2942.00
PHPGDS
Any specification
People’s Republic of China
Any country
Any producer
Any exporter
16.16
Kilogramme
USD
2.
2942.00
PHPGDS
Any specification
Any country except Singapore
People’s Republic of China
Any producer
Any exporter
16.16
Kilogramme
USD
3.
2942.00
PHPGDS
Any specification
Singapore
Any country
Any producer
Any exporter
13.87
Kilogramme
USD
4.
2942.00
PHPGDS
Any specification
Any country except People’s Republic of China
Singapore
Any producer
Any exporter
13.87
Kilogramme
USD

2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 10th day of May, 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;

(b)  “PHPG DS” means D (-) Para Hydroxy Phenyl Glycine Methyl Potassium Dane Salt which is also known as D (-) Para Hydroxy Phenyl Glycine Dane Salt(Methyl Potassium), D(-) Alpha Para Hydroxy Phenyl Glycine Dane Salt(Methyl Potassium), D(-) Alpha Para Hydroxy Phenyl Glycine Methyl Potassium Dane Salt, D(-) Alpha Para Hydroxy Phenyl Glycine Methyl Aceto Acetate Potassium Salt (Dane Salt);

(c) “USD” means US Dollar;

(d) 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.

Aman Kumar Singh
Under Secretary to the Government of India

F.No.354/186/2002-TRU

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