Notification No. 102/2006-Customs Duty, Dated; 29th September, 2006

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

Notification No. 102/2006-Customs

Date: 29^th September, 2006

G.S.R. (E). – Whereas, the designated authority, vide its notification No. 15/13/2005-DGAD, dated the 3^rd October, 2005, published in Part I, Section I of the Gazette of India, Extraordinary, dated the 3^rd October, 2005, had initiated a mid-term review in the matter of continuation of anti-dumping on imports of D(-) Para Hydroxy Phenyl Glycine Methyl Potassium Dane Salt (PHPG Dane Salt), falling under sub-heading 2942 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) [hereinafter referred to as the subject goods], originating in, or exported from, Singapore, imposed vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.117/2003- Customs, dated the 24^th July, 2003 [GSR 582 (E), dated the 24^th July, 2002 ]; And whereas, in the matter of mid-term review of anti-dumping on imports of the subject goods, originating in, or exported from, Singapore, the designated authority vide its findings, No. 15/13/2005-DGAD, dated the 18^th August, 2006, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 18^th August, 2006, has come to the conclusion that –

(a) the subject goods have been exported to India from Singapore below its normal value resulting into dumping and there is a likelihood of continued dumping of subject goods from Singapore if anti-dumping duty from subject goods is withdrawn;

(b) the domestic industry continues to suffer material injury on account of the dumped imports of the subject goods from Singapore;

(c)  the authority considers it appropriate that anti-dumping duty is required to be continued as modified in respect of imports from Singapore, as withdrawal thereof would lead to continuation of dumping and injury;

and has recommended continuation of anti-dumping duty, at specified rates in respect of  imports of the  subject goods, originating in, or exported from, Singapore, in order to remove injury to the domestic industry;

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) read with rules 18 and 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, after considering the aforesaid findings of the designated authority, hereby imposes on the subject 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 exported from the countries as specified in the corresponding entry in column (6), and produced by the producers as specified in the corresponding entry in column (7), and exported by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty which shall be equal to difference between the amount mentioned in the corresponding entry in column (9) in the currency as specified in the corresponding entry in column (11)  and as per unit of measurement as specified in the corresponding entry in column (10), of the said Table and the landed value of imported goods in like currency as per like unit of measurement.

Table

2. The anti-dumping duty under this notification shall be effective upto and inclusive of 10^th day of November, 2007 and anti-dumping duty 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;

(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, 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.354/186/2002-TRU (Pt-I)]