India Levies Provisional Anti-dumping Duty on Thionyl Chloride from EU

Ntfn 40 Whereas, in the matter of imports of Thionyl Chloride
29.04.2009 (hereinafter referred to as the subject goods), falling under
(DoR) tariff item 2812 10 47 of the First Schedule to the Customs
Tariff Act, 1975 (51 of 1975), originating in or exported from, the European Union (hereinafter referred to as the subject country) and imported into India, the designated authority in its preliminary findings vide notification No.14/1/2008-DGAD dated the 31st March, 2009 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 31st March, 2009, had come to the conclusion that

(a) the product under consideration had been exported to India from the European Union below its normal value;

(b) the domestic industry had suffered material injury; and

(c) the injury had been caused by the dumped imports from the European Union;

and had recommended imposition of provisional anti-dumping duty on the imports of subject goods, originating in, or exported from, the subject country;

Now, therefore, in exercise of the powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act, read with rules 13 and 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 findings of the designated authority, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, falling under tariff item of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), originating in the country specified in the corresponding entry in column (4), and exported from the country specified in the corresponding entry in column (5) and produced by the producer specified in the corresponding entry in column (6) and exported by the exporter specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at the rate equal to the amount indicated in the corresponding entry in column (8), in the currency as specified in the corresponding entry in column (10) and per unit of measurement as specified in the corresponding entry in column (9) of the said Table.

Table

S.No

Tariff item

Description of goods

Country of origin

Country of export

Producer

Exporter

Duty amount

Unit

Currency

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

1

2812 10 47

Thionyl Chloride

European Union

European Union

Lanxess AG

Lanxess Deutschland GmbH

33

Per MT.

US dollar

2

2812 10 47

Thionyl Chloride

European Union

European Union

Any combination of producer and exporter other than the S No. 1

84

Per MT.

US dollar

3

2812 10 47

Thionyl Chloride

European Union

Any Country/territory other than European Union

Any

Any

84

Per MT.

US dollar

4

2812 10 47

Thionyl Chloride

Any Country/ territory other than European Union

European Union

Any

Any

84

Per MT.

US dollar

2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 28th October, 2009, and shall be payable in Indian currency.

Explanation. - For the purposes of this notification, rate of exchange applicable for the purposes of calculation of 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 conferred by section 14 of the Customs Act, 1962 (52 of 1962) and the relevant date for 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.

[F. No.354/89/2009-TRU]