Notification No. 122/2002, Dated 31st Oct 2002

31st October, 2002

Notification No. 122/2002-Customs

            WHEREAS in the matter of import of D (-) Para Hydroxy Phenyl Glycine Base, falling under sub-heading 2942.00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, People’s Republic of China and Singapore, the designated authority vide its preliminary findings notification No. 51/1/2001-DGAD dated the 31st December, 2001, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 31st December, 2001, had come to the conclusion that -

(a)	D(-) Para Hydroxy Phenyl Glycine Base had been exported to India from People’s Republic of China and Singapore below its normal value;
(b)	the Indian industry had suffered material injury and is facing threat of further injury;
(c)	the domestic industry, on account of the injury being suffered, was suffering material retardation in the establishment of new industry to manufacture D (-) Para Hydroxy Phenyl Glycine Base;
(d)	the injury had been caused cumulatively by the imports from People’s Republic of China 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 D (-) Para Hydroxy Phenyl Glycine Base vide notification of the Government of India in the erstwhile Ministry of Finance (Department of Revenue), No. 18/2002–Customs, dated the 15th February, 2002, [G.S.R. 102(E), dated the 15th February, 2002], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 15th February, 2002; 

AND WHEREAS the designated authority, vide its final findings notification No. 51/1/2001-DGAD, dated the 20th 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)	D (-) Para Hydroxy Phenyl Glycine Base has been exported to India from People’s Republic of China and Singapore below its normal value;
(b)	the Indian industry has suffered material injury and is facing threat of further injury;
(c)	the domestic industry, on account of the injury being suffered, is suffering material retardation in the establishment of new industry to manufacture D (-) Para Hydroxy Phenyl Glycine Base;
(d)	the injury has been caused cumulatively by the imports from People’s Republic of China and Singapore;

and has recommended the imposition of definitive anti-dumping duty on all imports of  the said D(-) Para Hydroxy Phenyl Glycine Base originating in, or exported from, People’s Republic of China 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 D (-) Para Hydroxy Phenyl Glycine Base, also known as D (-) Alpha Para Hydroxy Phenyl Glycine, D (-) Alpha Para Hydroxy Phenyl Glycine Base, D (-) Para Hydroxy Phenyl Glycine, Para Hydroxy Phenyl Glycine Base,  Para Hydroxy Phenyl Glycine,  D (-) P - Hydroxy Phenyl Glycine Base or D (-) P - Hydroxy Phenyl Glycine, falling under sub-heading 2942.00 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the country specified in column (2) of the Table below, when exported by the exporters 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 kilogramme, of such imported D (-) Para Hydroxy Phenyl Glycine Base. 

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 15th February, 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.354/226/2001-TRU