Notification No. 114/2001, Dated 2nd Nov 2001

2^nd November, 2001

Notification No. 114/2001-Customs

In the matter of import of Sodium Hydrosulphite, falling under Chapter 28 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of China, the designated authority, vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 2^nd January, 2001, had come to the conclusion that -

(b) the Indian industry has suffered material injury;

(c) the injury has been caused cumulatively by the imports from the subject country;

AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 28/2001–Customs, dated the 12^th March, 2001, [G.S.R. 173(E), dated the 12^th March, 2001] published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 12^th March, 2001;

AND WHEREAS the designated authority, vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 13^th September, 2001 has come to the conclusion that -

(b) the domestic industry has suffered material injury;

1. the injury has been caused to the domestic industry by dumping of the subject goods originating in or exported from the People’s Republic of China;
2. Even though one of the exporters, namely M/s Guangdong Zhongcheng Chemicals Co. Ltd. the People’s Republic of China has expressed its willingness to give price undertaking, the designated authority could not explore the same as the exporter shown its unwillingness subsequently;

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 said Sodium Hydrosulphite, falling under Chapter 28 of the First Schedule to the said Customs Tariff Act, originating in, or exported from the People’s Republic of China, and exported by exporters mentioned in column (2) of the Table annexed hereto, and imported into India, an anti-dumping duty at the rate mentioned in corresponding entry in column (3) of the said Table.

Table

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 12^th March, 2001, and 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 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.