CUS NTF NO. 62/2005 DATE 06/07/2005

CBEC withdraws anti-dumping duty on imports of D (-) Para Hydroxy Phenyl Glycine Base from EU (294200)

G.S.R. (E).- Whereas in the matter of import of D (-) Para Hydroxy Phenyl Glycine Base, falling under sub-heading 2942 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the European Union, the designated authority vide its preliminary findings notification No. 14/6/2002-DGAD dated the 5th June, 2002 had recommended the imposition of provisional anti-dumping duty on all imports of the said D (-) Para Hydroxy Phenyl Glycine Base, originating in, or exported from the European Union;

And whereas on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on D (-) Para Hydroxy Phenyl Glycine Base vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 68/2002–Customs, dated the 5th July, 2002, [G.S.R. 472(E), dated the 5th July, 2002], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 5th July, 2002;

Whereas, the designated authority, vide its final findings notification dated the 7th March, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7th March, 2003, had recommended the imposition of definitive anti-dumping duty on all imports of the said D (-) Para Hydroxy Phenyl Glycine Base, originating in, or exported from the European Union;

And whereas on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on D (-) Para Hydroxy Phenyl Glycine Base vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.71/2003–Customs, dated the 1st May, 2003, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide G.S.R 374 (E), dated the 1st May, 2003,

Whereas the designated authority vide its final findings in mid-term review, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 25th May, 2005, has come to the conclusion that –

(a) No dumping margin for the subject goods has been established with regard to imports from the European Union and there is no likelihood of their continued dumping from European Union;

(b) the continued imposition of anti-dumping duty on the subject goods from the European Union is not necessary to offset dumping and injury to domestic industry;

and has recommended withdrawal of the anti-dumping duty on all imports of D (-) Para Hydroxy Phenyl Glycine Base, originating in, or exported from the European Union;

Now, therefore, in exercise of powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act and rule 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 hereby rescinds the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 71/2003–Customs, dated the 1st May, 2003, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide G.S.R 374 (E), dated the 1st May, 2003, except as respects things done or omitted to be done before such rescission.

[F.No.354/111/2002-TRU]

(Ajay)
Under Secretary to the Government of India

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