CUSTOMS NOTIFICATION NO.16/1999 Dt. 9-2-99

GSR (E) WHEREAS in the matter of import of Potassium Permanganate falling under Chapter 28 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in or exported from the Peoples Republic of China, the Designated Authority vide its final findings, published in the Gazette of India Extraordinary, Part I, Section I, dated the 8th August, 1995 had come to the conclusion that -

1. Exporters from the Peoples Republic of China have sold Potassium Permanganate in India, below normal value;
   
   
2. the Indian industry has suffered material injury;
   
   
3. the imports caused material injury to the Indian Industry.
   
   

AND WHEREAS on the basis of the aforesaid findings of the Designated Authority, the Central Government has imposed anti-dumping duty vide notification No. 137/95-Customs, dated 5th September, 1995 [G.S.R. 616(E), dated 5th September, 1995], published in Part II, Section 3, Sub-section (i) of the Gazette of India Extraordinary, dated 5th September, 1995;

AND WHEREAS the Designated Authority vide its final findings in review, published in the Gazette of India Extraordinary, Part 1, Section 1, dated the 18th December, 1998 has concluded that-

1. Potassium Permanganate originating in, or exported from, the Peoples Republic of China, had been exported to India below normal value
   
   
2. Domestic Industry would suffer material injury in the case the anti-dumping duty in force is removed
   
   
3. the injury to the domestic industry would be caused from imports from Peoples Republic of China in case the anti-dumping duty in force is removed.
   
   

Now, therefore, in exercise of the powers conferred by sub-section (1) and (6) of section 9A of the said Customs Tariff Act, read with 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 after considering the aforesaid findings of the Designated Authority, hereby imposes on Potassium Permanganate, falling under Chapter 28 of the First Schedule to the said Customs Act, originating in, or exported from, the Peoples Republic of China and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between Rs. 61,153 (Rupees sixty one thousand one hundred and fifty three only) and the landed value of imports of Potassium Permanganate per metric tonne.

2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 4th of September 2000, unless the time limit is extended or the notification is revoked before such time, by notification in the official gazette

Explanation :

For the purposes of this notification ""landed 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 sections 3,3A, 8B, 9 or section 9A, as the case may be, of the said Customs Tariff Act.

(Srinivas Tata)
Under Secretary to the Government of India

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