Notification No.66/2000-Customs dt. the 15th May, 2000
WHEREAS in the matter of import of barium carbonate, falling under Chapter 28 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, China PP, the Designated Authority vide its preliminary, findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 4th October, 1999 had come to the conclusion that -
- barium carbonate, originating in, or exported from, China PR has been exported to India below nonnal value, resulting in dumping;
- the Indian industry has suffered material injury:
- the injury has been caused cumulatively by imports from the subject country;
AND WHEREAS on the basis of the aforesaid findings of the Designated Authority, the Central Government had imposed an anti-dumping duty, vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 126/99-Customs, dated the 17th November, 1999, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 17th November, 1999;
AND WHEREAS the Designated Authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 23d March, 2000 has come to the conclusion that -
- barium carbonate, originating in, or exported from, China PR, has been exported to, India below normal value, resulting in dumping;
- the Indian industry has suffered material injury;
- the injury has been caused by the imports from the subject country;
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, read with sub-section (5) thereof and rules 18 and 20 the Customs Tariff (Identification, Assessment and Collection of Anti-duniping 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 barium carbonate, falling under Chapter 28 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, China PR, and when exported by exporters mentioned in the corresponding entry in column (2) of the Table annexed hereto, and 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 the landed value of such imported barium carbonate per metric tonne.
Table _______________________________________________________________________________ S. No. Name of the Company Amount (US$ per Metric tonne) (1) (2) (3) _______________________________________________________________________________ 1. Qingdao Red Star Chemical Group Co. 423.03 Ltd., China (former name Qingdao Red Star Chemicals Factory) 2. Any other exporter 423.03 _______________________________________________________________________________
2. The anti-durnping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-durnping duty i.e. the 17th November, 1999 and shall be payable in Indian currency.
- Explanalion I :-
- For the purposes of this notification, "1anded 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 section 3, 3A, 8B and 9A of the said Customs Tariff Act.
- Explanation II :-
- for the purposes of conversion of the amount specified in column (3) of the Table above into Indian currency, the "rate of exchange" applicable shall be the rate notified by the Central Government under sub-clause (i) of clause (a) of sub-section (3) of section 14 of the said Customs Act and in force on the date on which he bill of entry is presented under section 46 of the said Customs Act.
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