CUS NTF NO. 157/2003 DATE 20/10/2003

Anti-dumping duty on Methylene Chloride

WHEREAS in the matter of import of Methylene Chloride, falling under tariff item 2903 12 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the European Union, South Africa and Singapore, the designated authority vide its preliminary findings notification No.17/1/2001-DGAD dated the 24th December, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 24th December, 2002, had come to the conclusion that ­

(a) Methylene Chloride, originating in, or exported from, the European Union, South Africa and Singapore, had been exported to India below normal value, resulting in dumping;

(b) the domestic industry had suffered material injury;

(c) injury had been caused by imports from the European Union, South Africa and Singapore;

AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on Methylene Chloride vide notification of the Government of India in the erstwhile Ministry of Finance and Company Affairs (Department of Revenue), No. 49/2003­Customs, dated the 27th March, 2003, [G.S.R. 248 (E), dated the 27th March, 2003], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 27th March, 2003;

AND WHEREAS the designated authority, vide its final findings notification No.17/1/2001-DGAD, dated the 14th August, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 18th August, 2003, has come to the conclusion that -

(a) Methylene Chloride, originating in, or exported from, the European Union, South Africa and Singapore, has been exported to India below normal value, resulting in dumping;

(b) the domestic industry has suffered material injury;

(c) injury has been caused by imports from the European Union, South Africa and Singapore;

and has recommended the imposition of definitive anti-dumping duty on all imports of Methylene Chloride, originating in, or exported from, the European Union, South Africa and Singapore;

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 the goods, the description of which is specified in column (3) of the Table below, falling under tariff item 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 the corresponding entry in column (4), originating in the countries or territory, 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 or territory, 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 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.

TABLE

S. No.	Tariff item	Descrip-tion of goods	Spe-cifica-tion	Country or territory of origin	Country or Territory of Export	Produ-cer	Expor-ter	Amo-unt	Unit of measu-rement	Curr-ency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
1.	29031200	Methy-lene Chloride	Bulk	European Union	Any country other than South Africa and Singapore	Any produ-cer	Any expor-ter	118	Metric Tonne	US Dollar
2.	29031200	Methy-lene Chloride	Packed	European Union	Any country other than South Africa and Singapore	Any produ-cer	Any expor-ter	80.9	Metric Tonne	US Dollar
3.	29031200	Methy-lene Chloride	Bulk or Packed	Any country other than the European Union	European Union	Any produ-cer	Any expor-ter	118	Metric Tonne	US Dollar
4.	29031200	Methy-lene Chloride	Bulk or Packed	Any country other than the European Union	European Union	Any produ-cer	Any expor-ter	80.9	Metric Tonne	US Dollar
5.	29031200	Methy-lene Chloride	Bulk or Packed	South Africa	Any country other than the European Union and Singapore	Any produ-cer	Any expor-ter	140.18	Metric Tonne	US Dollar
6.	29031200	Methy-lene Chloride	Bulk or Packed	Any country other than the European Union and Singapore	South Africa	Any produ-cer	Any expor-ter	140.18	Metric Tonne	US Dollar
7.	29031200	Methy-lene Chloride	Bulk or Packed	Singapore	Any country other than the European Union and South Africa	Any produ-cer	Any expor-ter	36.30	Metric Tonne	US Dollar
8.	29031200	Methy-lene Chloride	Bulk or Packed	Any country other than the European Union and South Africa	Singapore	Any produ-cer	Any expor-ter	36.30	Metric Tonne	US Dollar

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 27th March, 2003, and shall 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, 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.354/4/2003-TRU]

(G. S. Karki)
Under Secretary to the Government of India

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