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

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

 28th March, 2002

Notification No. 35/2002-Customs

WHEREAS in the matter of import of Hydrofluoric acid falling under sub-heading 2811.11 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of China, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 19th February, 2002 has come to the conclusion that –

 (a) Hydrofluoric acid of all concentration other than 70% in all forms, originating in, or exported from the People’s Republic of China have been exported to India, below their normal value;

(b) Hydrofluoric acid in 70% concentration have not been exported below normal value;

(c) The significant capacity for export purposes available with the producers/exporters in the People’s Republic of China and the recent dumped imports of concentration other than 70% have caused price depression and there is an imminent threat to the domestic producers of the subject goods in India;

(d) the domestic industry has suffered material injury by way of financial losses due to depressed net sales realization on account of price depression caused by low landed prices of the dumped Hydrofluoric acid;

(e) the injury has been caused to the domestic industry by dumping of the Hydrofluoric acid of all concentration other than 70%, originating in or exported from the People’s Republic of China;

NOW, THEREFORE, in exercise of 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 said Hydrofluoric acid of all concentrations other than 70% concentration, of description specified in column (2) of the Table annexed hereto, falling under sub-heading 2811.11 of the First Schedule to the said Customs Tariff Act, originating in, or exported from the People’s Republic of China, and when imported into India, an anti-dumping duty at the rate which is to be calculated as the difference between the amount mentioned in the corresponding entry in column (3) of the said Table and landed value of such imported Hydrofluoric acid per metric tonne.

TABLE

Sr.No.

Description of the product

Amount (US $ per metric tonne for hydrofluoric acid of all forms and of 100% concentration)

(1)

(2)

(3)

1

Hydrofluoric acid, in all forms, in loose or unpacked condition

840.9

2

Hydrofluoric acid, in all forms, in packed condition

840.9 + 66.9

Note: –

  1. The amount mentioned in column (3) for Hydrofluoric acid, in loose or unpacked condition, of concentration other than 100% shall be worked out on pro-rata basis.
  2. The amount mentioned in column (3) for Hydrofluoric acid, in packed form, of concentration lower than 100% shall be worked out by reducing the amount US$ 840.90 per metric tonne, for 100% concentration, on pro-rata basis and adding packaging cost at the rate of US $ 66.9 per metric tonne.

 2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 27th day of September, 2002, 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) rate of exchange applicable for the purposes of calculation of 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 said Customs Act, and the relevant date for 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.

(G.D.LOHANI)

UNDER SECRETARY TO THE GOVERNMENT OF INDIA

F.No.354/30/2002-TRU

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Posted Under

Category : Custom Duty (6611)
Type : Notifications (15213) Notifications/Circulars (30079)

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