Notification No. 90/2001, Dated 6th Sept 2001

6^th September, 2001

Notification No. 90 /2001-Customs

                WHEREAS in the matter of import of Pure Terephthalic Acid (PTA), falling under Chapter 29 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Japan, Malaysia, Spain and Taiwan, the designated authority vide its final findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 20^th April, 2000 had come to the conclusion that -

(a)	there has been no import of Pure Terephthalic Acid (PTA) from Taiwan during the period of investigation, i.e. 1st April, 1998 to 31st December, 1998;
(b)	Pure Terephthalic Acid (PTA) originating in, or exported from, Japan, Malaysia and Spain has been exported below normal value resulting in dumping;
(c)	the Indian industry has suffered material injury;
(d)	however, the causal link between the product and injury has not been established in the case of the known exporters from the subject countries except in the case of M/s Interquisa, Spain;

AND WHEREAS on the basis of the aforesaid final findings of the designated authority, the Central Government has imposed anti-dumping duty vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.82/2000-Customs, dated the 30^th May, 2000 [G.S.R.504 (E), dated the 30^th May, 2000] published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 30^th May, 2000;

AND WHEREAS the Customs, Excise and Gold (Control) Appellate Tribunal (hereinafter referred to as the Tribunal), in its final order No.44-45/2000-AD, dated the 29^th November, 2000 has ordered modifications in the anti-dumping duties imposed vide aforesaid notification No.82/2000-Customs dated the 30^th May, 2000;

AND WHEREAS the designated authority has accepted the above order of the Tribunal dated the 29^th November, 2000;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, read with 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 and in supersession of the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.82/2000-Customs dated the 30^th May, 2000 [G.S.R.504 (E), dated the 30^th May, 2000], the Central Government hereby imposes on Pure Terephthalic Acid (PTA), falling under Chapter 29 of the First Schedule to the said Customs Tariff Act, originating in, or exported from countries specified in column (2) of the Table below, exported by exporters or producers specified in the corresponding entry in column (3) of the said Table and imported into India, an anti-dumping duty at the rate specified in column (4) of the said Table.

Table

2. The anti-dumping duty shall be payable in Indian currency.

Explanation.- For the purposes of this notification, the 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 under 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.

G.D.Lohani
Under Sectretary to the Government of India