Notification No.108/2000-Customs dt. the 4th August, 2000
G.S.R. (E).- Whereas in the matter of Import 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 of India Extraordinary, Part I, Section 1 dated the 29th April, 1997 had come to the conclusion that -
(a) Bisphenol-A originating in or exported from, the United States of America has been exported to India below the normal value;
(b) The domestic industry has suffered material injury;
(c) 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 on the basis of a request by M/s. First Inter Continental Corporation, the United States of America 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 and the recommendation of 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, the Central Government, vide Notification
No. 132/99-Customs, dated the 24th day of December, 1999 [published in the Gazette of India, Extraordinary, vide G.S.R. 819 (E), dated the 24th day of December, 1999], had ordered that pending the outcome of the review initiated 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 First Inter Continental Corporation, the United States of America, when imported into India shall be subjected to provisional assessment and a Bank Guarantee for the amount of duty calculated at the rate of Rs. 10000 per metric tonne;
And whereas the designated authority vide its final findings on review, published in the Gazette of India, Extraordinary, Part-I Section 1, dated the 14th June, 2000 has recommended imposition of anti-dumping duty at the rate of Rs. 10000 per metric tonne during the period of review from 31st August, 1999;
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 final findings in review of the designated authority, hereby rescinds the notification of the Government of India in the Ministry of Finance (Department of Revenue),
No. 132/99-Customs, dated the 24th day of December, 1999 and orders that all provisional assessment of Bisphenol-A exported by M/s First International Corporation, the United States of America and imported into India may be finalised, calculating the applicable anti-dumping duty at the rate of Rs. 10000 per metric tonne, made in pursuance of aforesaid Notification
No. 132/99-Customs, dated the 24th day of December, 1999, from the date of initiation of said review i.e. the 31st day of August, 1999.
Sd/-
(Prashant Kumar Sinha)
Under Secretary to the Government of India
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