Reg. anti-dumping duty on import of Hexamine

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

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

27^th March, 2002

Notification No. 31/2002-Customs

WHEREAS in the matter of import of Hexamine, falling under sub-heading 2921.29 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Saudi Arabia and Russia, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 15^th May, 2001 had come to the conclusion that –

(a) Hexamine, originating in, or exported from, Saudi Arabia and Russia, has been exported to India below normal value, resulting in dumping;

(b) the domestic industry has suffered material injury;

(c) the injury has been caused by imports from Saudi Arabia and Russia;

AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 74/2001-Customs, dated the 28^th June, 2001, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 28^th June, 2001 vide G.S.R. 489(E), dated 28^th June, 2001;

AND WHEREAS the designated authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 18^th February, 2002 has come to the conclusion that –

(a) Hexamine, originating in, or exported from, Saudi Arabia and Russia, has been exported to India below normal value, resulting in dumping;

(b) the domestic industry has suffered material injury;

(c) injury suffered by the domestic industry and the dumped imports from the subject goods countries i.e. Saudi Arabia and Russia;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, read with sub-section (5) of the said section 9A 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 said Hexamine, falling under sub-heading 2921.29 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the countries specified in column (2) of the Table annexed below, and exported by 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

2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 28^th June, 2001; and be paid 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 (Department of Revenue), issued from time to time, in exercise of the powers under sub-clause (i) of clause (a) of sub-section (3) of section 14 of the Customs Act, (52 of 1962) 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.

Vivek Prasad
Under Secretary to the Government of India

F.No.354/94/2000-TRU (Pt-II)