Mica Pearl Pigment from China, Japan, USA and EU

Ntfn 30 Whereas, the designated authority
21.03.2005 had initiated anti-dumping
investigations into the existence, degree and effect of dumping in the matter of import of Mica pearl pigment (hereinafter referred to as the subject goods), falling under Chapter 32 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from People’s Republic of China, Japan, United States of America and the European Union (hereinafter referred to as the subject counties), vide notification No.14/22/2003-DGAD, dated the 23^rd December, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 23^rd December, 2003;

Whereas, the designated authority, vide its final findings notification No. 14/22/2003-DGAD, dated the 22^nd December, 2004, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 22^nd December, 2004, has come to the conclusion that -

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

(b) the domestic industry has suffered material injury;

(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 Chapter 32 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 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.

Table

SNo.	Chapter	Description of goods	Specification	Country of origin	Country of Export	Producer	Exporter	Amount	Unit of measurement	Currency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
1.	32	Mica pearl pigment excluding cosmetic and automotive grade	Any specification	EU	EU	M/s. Merck, Germany	M/s. Merck, Germany	1.25	Kg.	US Dollar
2.	32	Mica pearl pigment excluding cosmetic and automotive grade	Any specification	EU	EU	M/s. Merck, Germany	Any exporter	1.25	Kg.	US Dollar
3.	32	Mica pearl pigment excluding cosmetic and automotive grade	Any specification	EU	Any country	Any producer	Any exporter	1.25	Kg.	US Dollar
4.	32	Mica pearl pigment excluding cosmetic and automotive grade	Any specification	USA	USA	M/s. Merck, USA	M/s. Merck, USA	2.27	Kg.	US Dollar
5.	32	Mica pearl pigment excluding cosmetic and automotive grade	Any specification	USA	USA	M/s. Merck, USA	Any exporter	2.27	Kg.	US Dollar
6.	32	Mica pearl pigment excluding cosmetic and automotive grade	Any specification	USA	Any country	Any producer	Any exporter	2.27	Kg.	US Dollar

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