CUSTOMS NOTIFICATION No.132/1999 Dated 24th December, 1999

Whereas in the matter of imports of Bisphenol - A falling under Chapter 29 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the United States of America, the Designated Authority vide its final findings, published in the Gazette if India Extraordinary, Part I, Section 1 dated the 29th April, 1997 had come to the conclusion that: -

1. Bispenol - A originating in, or exported from, the United States of America has been exported to India below the normal value;
   
   
2. The domestic industry has suffered material injury;
   
   
3. The injury has been caused to the domestic industry by the exports originating in, or exported from, the United States of America;
   
   

And whereas on the basis of the aforesaid findings of the Designated Authority, the Central Government has imposed Anti-dumping Duty vide notification No. 40/97-Customs, dated the 29th April, 1997 (G.S.R. 234(E), dated the 29th April, 1997) published in part II, Section 3, Sub-section (I) of the Gazette of India, Extraordinary, dated the 29th April, 1997;

And whereas M/s. First Inter Continental Corporation, the United of America have requested for review in terms of rule 22 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for

Determination of Injury) Rules, 1995 in respect of exports made by them and the Designated Authority vide notification No. 41/1/99-DGAD dated the 31st August, 1999 published in the Gazette of India, Extraordinary, part I, Section 1 dated the 2nd September, 1999 has recommended provisional assessment of all exports of Bisphenol-A falling under Chapter 29 of the First Schedule to the said Customs Tariff Act made by the said M/s. First Inter Continental Corporation at the rate of Rs. 1000 per metric tonne till the completion of the review by it;

Now therefore, in exercise of the powers conferred by sub rule (2) of rule 22 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 finding of the Designated Authority, hereby orders that pending the outcome of the said review by the Designated Authority, Bisphenol-A exported, from the date of initiation of the said review to the date of completion of the said review by M/s. Forst inter Continental Corporation, the United States of America, when imported into India shall be subjected to provisional assessment and bank guarantee for the amount of duty calculated at the rate of Rs.10000 per metric tonne.

2. In case of recommendation of Anti-dumping Duty after completion of the said review by the Designated Authority, the importer shall be liable to pay the amount of such Anti-dumping Duty recommended on review and imposed on all imports into India of Bisphenol-A made by M/s. First Inter Continental Corporation, United State of America from date of initiation of the said review.

Sd/-
(Prashant Kumar Sinha)
Under Secretary to the Government of India

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