Notification No. 40/1997, Dated 29th April 1997

Anti-dumping duty on Bisphenol-A of U.S.A. origin. 

 Whereas in the matter of import of Bisphenol-A falling under sub-heading No. 2907.23 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) and which is of United States of America origin, the designated authority vide its preliminary findings, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 25th October, 1996, had come to the conclusion that -

(i) Bisphenol-A originating from or in United States of America has been exported to India below its normal value;

(ii) the Indian industry has suffered material injury;

(iii) the injury has been cumulatively caused by the imports from United States of America along with Russia and Brazil;

And whereas on the basis of the aforesaid 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. 92/96-Customs, dated 27th November, 1996 [G.S.R. 546 (E), dated the 27th November, 1996], published in Part II, Section 3, sub-section (i) of the Gazette of India, Extraordinary, dated the 27th November, 1996 (hereinafter referred to as the provisional duty);

And whereas the designated authority vide its finding published in Part I, section 1 of the Gazette of India, Extraordinary, dated the 19th March, 1997 has arrived at the final finding that -

(i) Bisphenol-A originating in or exported from United States of America has been exported to India below its 
         normal value;

(ii) the domestic industry has suffered material injury;

(iii) the injury has been caused to the Domestic Industry by the exports originating in or exported from United 
           States of America;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) 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, the Central Government on the basis of the aforesaid final finding of the designated authority, hereby imposes on the said Bisphenol-A/ when exported by the exporters mentioned in column (2) of the Table annexed to this notification and imported into India, an anti-dumping duty at the rate specified 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 provisional duty.

Notification no. 40/97-Cus., dated 29-4-97.