Notification No. 120/2002, Dated 31st Oct 2002

31st  October, 2002

Notification No. 120/2002-Customs 

            WHEREAS in the matter of import of Flexible Slabstock Polyol of molecular weight 3000 to 4000, falling under sub-heading 3907.20 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the United States of America, Japan, European Union and Singapore, the designated authority vide its preliminary findings notification No.41/1/2001-DGAD, dated the 14th December, 2001, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 14th December, 2001,  had come to the conclusion that -

(a)	Flexible Slabstock Polyol of molecular weight 3000 to 4000 had been exported to India from the United States of America, Japan, the European Union and Singapore below its normal value;
(b)	the Indian industry had suffered material injury;
(c)	the injury had been caused by the dumped imports from the United States of America, Japan,      European Union and Singapore;

            AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on the said Flexible Slabstock Polyol vide notification of the Government of India in the erstwhile Ministry of Finance (Department of Revenue), No. 17/2002–Customs, dated the 11th January, 2002, [G.S.R. 95(E), dated the 11th January, 2002], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 11th January, 2002; 

AND WHEREAS the designated authority, vide its final findings notification No.41/1/2001-DGAD, dated 19th September, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 20th September, 2002 has come to the conclusion that -

(a)	Flexible Slabstock Polyol of molecular weight 3000 to 4000 has been exported to India from the United States of America, Japan, European Union and Singapore below its normal value;
(b)	the Indian industry has suffered material injury;
(c)	the injury has been caused by the dumped imports from the United States of America, Japan, European Union and Singapore;

and has recommended the imposition of definitive anti-dumping duty on all imports of  the said Flexible Slabstock Polyol of molecular weight 3000 to 4000 from the United States of America, Japan, European Union and Singapore;

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 all imports of Flexible Slabstock Polyol of molecular weight 3000 to 4000, falling under sub-heading 3907.20 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the country or territory specified in column (2) of the Table below, when exported by the exporter or manufacturer specified in the corresponding entry in column (3) of the said Table and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between the amount specified in the corresponding entry in column (4) of the said Table  and  the landed value, in US $ per metric tonne, of such imported Flexible Slabstock Polyol of molecular weight 3000 to 4000.

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 11th January, 2002, 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; and

(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 and Company Affairs (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 said Customs Act, 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. 

Aman Kumar Singh
Under Secretary to the Government of India

F.No.354/221/2001-TRU