Methylene Chloride from Korea - Final Findings
Ntfn 98 Whereas,
in the matter of import of
24.09.2004 Methylene Chloride, falling
under tariff
item 290312 00 of the
First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or
exported from the Republic of Korea, the designated authority, vide its
preliminary findings notification No.14/52/2002-DGAD, dated the 26th June, 2003, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 27th June, 2003, had come to the conclusion
that -
(a) Methylene Chloride, originating in, or exported
from, the Republic of Korea, has been exported to India below normal value,
resulting in dumping;
(b) the domestic industry has suffered material
injury;
(c) the injury has been caused by imports from the
Republic of Korea;
and had recommended imposition of provisional anti-dumping duty, pending final determination, on imports of Methylene Chloride, originating in, or exported from, the Republic of Korea;
And whereas, on the basis of the aforesaid findings
of the designated authority, the Central Government had imposed an anti-dumping
duty on Methylene Chloride vide notification of the Government of India
in the Ministry of Finance (Department of Revenue), No.149/2003-Customs, dated
the 14th October, 2003, [G.S.R.
805(E), dated the 14th October,
2003], published in Part II, Section 3, Sub-section (i) of the Gazette of
India, Extraordinary, dated the 14th
October, 2003;
And whereas, the designated authority, vide its final findings notification No.14/52/2002-DGAD, dated the 18th August, 2004, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 18th August, 2004, has come to the conclusion that –
(a) Methylene Chloride, originating in, or exported from, the Republic of Korea has been exported to India, below its normal value;
(b) the Indian industry has suffered material injury;
(c) material injury has been caused by imports from the Republic of Korea;
and has also recommended the imposition of definitive anti-dumping duty on all imports of Methylene Chloride, originating in, or exported from, the Republic of Korea;
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 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
|
S No. |
Tariff item |
Description of goods |
Specification |
Country of origin |
Country of Export |
Producer |
Exporter |
Amount |
Unit of measure-ment |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
|
1. |
290312
00 |
Methylene
Chloride |
Bulk/Packed |
Republic
of Korea |
Any |
Samsung
Fine Chemicals |
Samsung
Corporation |
34.43 |
Metric
Tonne |
US
Dollar |
|
2. |
290312
00 |
Methylene
Chloride |
Bulk/Packed |
Republic
of Korea |
Any |
Samsung
Fine Chemicals |
Any |
34.43 |
Metric
Tonne |
US
Dollar |
|
3. |
290312
00 |
Methylene
Chloride |
Bulk/Packed |
Republic
of Korea |
Any |
Any |
Samsung
Corporation |
34.43 |
Metric
Tonne |
US
Dollar |
|
4. |
290312
00 |
Methylene
Chloride |
Bulk/Packed |
Republic
of Korea |
Any |
Any |
Any |
42.42 |
Metric
Tonne |
US
Dollar |
|
5. |
290312
00 |
Methylene
Chloride |
Bulk/Packed |
Any |
Republic
of Korea |
Any |
Any |
42.42 |
Metric
Tonne |
US
Dollar |
2. The
anti-dumping duty imposed under this notification shall be levied with effect
from the date of imposition of the provisional anti-dumping duty, i.e. the 14th October, 2003, and 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.