Caprolactam from Japan, EU, Nigeria and Thailand

Ntfn 109       Whereas, the designated authority
17.09.2004   had initiated anti dumping investigations
                     into the existence, degree and effect of dumping in the matter of import of 6-Hexanelactam (also known as epsilon-Caprolactam) (hereinafter referred to as the subject goods), falling under tariff item 2933 71 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Japan, European Union, Nigeria and Thailand (hereinafter referred to as the subject countries), vide initiation notification No.14/15/2003-DGAD, dated the 22nd  September, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 22nd September, 2003;

Whereas, the designated authority, vide its final findings notification No.14/15/2003-DGAD, dated the 16th September, 2004, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 17th September, 2004, has come to the conclusion that

(a) the subject goods in all forms, originating in, or exported from, the subject countries, have been exported to India below its normal value;

(b) the domestic industry has suffered material injury by way of financial losses due to suppressed Net Sales Realisation on account of price undercutting/underselling caused by low landed prices of the dumped subject goods;

(c) the injury has been caused to the domestic industry by dumping of the subject goods originating in, or exported from, the subject countries;

and has recommended the imposition of definitive anti-dumping duty on all imports of the subject goods, originating in, or exported from, the subject countries;

Now, therefore, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act and rules 18 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 final 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), the specification of which is specified in column (4) of the said Table, originating in the countries as specified in the corresponding entry in column (5), and produced by the producers as specified in the corresponding entry in column (7), when exported from the countries as specified in the corresponding entry in column (6), by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between, the amount as specified in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11) and per unit of measurement as specified in the corresponding entry in column (10), of the said Table, and the landed value of such imported goods in like currency per like unit of measurement.

2. The anti-dumping duty imposed under this notification shall be paid in Indian currency.

Explanation - For the purposes of this notification, -

(a) “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 and 9A of the said Customs Tariff Act;

(b) 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 conferred by 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.