CUSTOMS NOTIFICATION No.158/2000 Dated 27th December, 2000

WHEREAS in the matter of import of Polystyrene, falling under Chapter 39 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of China, Hong Kong, Singapore and Thailand, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 28th September, 1999 had come to the conclusion that-

1. Polystyrene, originating in, or exported from, Hong Kong, Singapore and Thailand has been exported to India below normal value, resulting in dumping;
   
2. the domestic industry has suffered material injury;
   
3. the injury has been caused by imports from the subject countries;
   
4. the volume of imports from the People’s Republic of China during the period of investigation is de minimus and therefore the Authority does not consider it appropriate to recommend anti-dumping duty with respect to imports from the People’s Republic of China;

AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed anti-dumping duty vide notification No.116/99-Customs dated the 14th October, 1999 [G..S.R.701(E), dated the 14th October, 1999] published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 14th October, 1999;

AND WHEREAS the designated authority vide its final findings, published in Part I, Section I of the Gazette of India, Extraordinary, dated the 8th March, 2000 has come to the conclusion that–

1. Polystyrene, originating in, or exported from, Hong Kong, Singapore and Thailand, has been exported to India below normal value, resulting in dumping;
   
2. the Indian industry has suffered material injury;
   
3. the injury has been caused cumulatively by imports from the subject countries;
   
4. the volume of imports from the People’s republic of China during the period of investigation is de minimus and therefore the Authority does not consider it appropriate to recommend anti-dumping duty with respect to imports from the People’s Republic of China;

AND WHEREAS on the basis of the aforesaid final findings of the designating authority, the Central Government has imposed anti-dumping duty vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.42/2000-Customs dated the 11th April, 2000, [G.S.R.330(E), dated the 11th April 2000] published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 11th April, 2000;

AND WHEREAS the Customs, Excise and Gold (Control) Appellate Tribunal (hereinafter referred to as CEGAT), in its final order No.36/2000-AD, dated the 3rd October, 2000 in Appeal No.C/266/2000-AD in the matter of M/s Dow Chemicals Pacific Ltd. vs The Designated Authority and Others, has directed the Government of India to fix the anti-dumping duty in US dollar terms;

AND WHEREAS the designated authority has accepted the above order of CEGAT dated the 3rd October, 2000 and issued Corrigendum to the aforesaid final findings, dated 8th March, 2000;

Now, therefore, in exercise of the powers conferred by sub sections (1) and (8) of section 9A, read with rules 18 and 20 of Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 and in supersession of the notification of the Government of India in the Ministry of Finance (Department of Revenue) No.42/2000-Customs dated the 11th April, 2000 [G.S.R.330(E), dated the 11th April, 2000], except as respects things done or omitted to be done before such supersession, the Central Government hereby imposes on High Impact Polystyrene (HIPS) and General Purpose Polystyrene (GPPS), falling under Chapter 39 of the First Schedule to the said Customs Tariff Act, originating in, or exported from the countries mentioned in column (2) of the Table annexed hereto, and when exported by exporters mentioned in the corresponding entry in column (3) of the said Table, and imported into India, an anti-dumping duty at the rate mentioned in the corresponding entry in column (4) of the said Table.

S. No.	Name of the Country	Name of the Exporter	Amount of anti-dumping duty (in US dollar per metric tonne)
(1)	(2)	(3)	(4)
1.	Hong Kong	Any Exporter of – (i) GPPS (ii) HIPS	47.08 126.05
2.	Singapore	Any Exporter of – (i) GPPS (ii) HIPS	12.76 20.28
3.	Thailand	Any Exporter of – (i) GPPS (ii) HIPS	145.97 238.66

2. The anti-dumping duty shall be paid in Indian currency.

3. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 12th day of October, 2005.

(Para 3 has been inserted vide CUS NTF NO. 10/2005 DATE 16/02/2005)

Explanation.- For the purposes of this notification, the “rate of exchange” applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in the notification of the Government of India in the Ministry of Finance (Department of Revenue), issued from time to time in exercise of the powers under sub-clause (i) of clause (a) of sub-section (3) of section 14 of the Customs Act, 1962 (52 of 1962), and the relevant date for the determination of the “rate of exchange” shall be the date of presentation of the “bill of entry” under section 46 of the said Customs Act.

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

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