Choline Chloride from China, EU – Final Findings

Ntfn 05         WHEREAS in the matter of import
14.01.2002   of Choline Chloride, falling under sub-
                     headings 2309.90 or 2923.10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of China and the European Union, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 23
rd February, 2001 had come to the conclusion that –

(a) Choline Chloride, in all forms, originating in, or exported from, the People’s Republic of China and the European Union, have been exported to India below their normal value;

(b) the domestic industry has suffered material injury by way of decline in its market share and financial losses due to depressed net sales realization on account of price depression caused by low landed prices of the dumped Choline Chloride;

(c) the injury has been caused to the domestic industry by dumping of the Choline Chloride, originating in, or exported from, the People’s Republic of China and the European Union;

AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on the said Choline Chloride vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.34/2001-Customs, dated the 30th March, 2001, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 30th March, 2001 vide No. G.S.R. 230(E), dated the 30th March, 2001;

AND WHEREAS the designated authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 27th November, 2001 has come to the conclusion that –

(a) Choline Chloride, in all forms, originating in, or exported from, the People’s Republic of China and the European Union, have been exported to India below their normal value;

(b) the domestic industry has suffered material injury by way of decline of depressed net sales realization on account of price suppression caused by low landed prices of the dumped Choline Chloride from the People’s Republic of China and the European Union leading to financial losses;

(c) the injury has been caused to the domestic industry by dumping of the Choline Chloride, originating in, or exported from, the People’s Republic of China and the European Union;

Now, therefore, in exercise of powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, read with sub-section (5) of the said section 9A and rules 18 and rule 20 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, on the basis of the aforesaid final findings of the designated authority, hereby imposes on Choline Chloride of all forms, grades and concentration, falling under sub-headings 2309.90 or 2923.10 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, country or territory specified in column (2) of the Table annexed hereto and exported by exporters mentioned in column (3) of the said Table, and when imported into India, an anti-dumping duty at the rate specified in the corresponding entry in column (4) of the said Table.

Table

SNo

Name of the Country/Territory

Name of the exporter/producer

Amount of duty (US $per metric tonne for Choline Chloride of all forms and grades and of 100% concentration)

(1)

(2)

(3)

(4)

1.

European Union

(a) M/s Akzo Nobel Chemicals S.p.A., Italy and M/s Akzo Nobel Functional Chemical BV, Netherlands

(b) All other exporters and producers

171.50

346.80

2.

People’s Republic of China

All exporters and producers

489.33

Note.- The rate of anti-dumping duty for Choline Chloride of all forms and grades of concentration other than 100% shall be worked out on pro rata basis.

2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of provisional anti-dumping duty, i.e. 30th March, 2001, and shall be payable in Indian currency.

Explanation. - For the purposes of this notification, 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, (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.