Notification No. 132/2002, Dated 29th Nov 2002

29th November, 2002

Notification No. 132/2002-Customs

            WHEREAS in the matter of import of Sodium Nitrite, falling under sub-heading 2834.10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, European Union and Taiwan, the designated authority vide its preliminary findings notification No.54/1/2001-DGAD dated the 1st February, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 1st February, 2002, had come to the conclusion that -

(a) Sodium Nitrite, originating in, or exported from, European Union and Taiwan, had been exported to India below normal value, resulting in dumping;

(b) the domestic industry had suffered material injury;

(c) the injury had been caused cumulatively by the imports from European Union and Taiwan;

AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on Sodium Nitrite vide notification of the Government of India in the erstwhile Ministry of Finance (Department of Revenue), No. 34/2002–Customs, dated the 28th March, 2002, [G.S.R. 232 (E), dated the 28th March, 2002], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 28th March, 2002;

AND WHEREAS the designated authority, vide its final findings notification No.54/1/2001-DGAD, dated the 28th October, 2002 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 28th October, 2002 has come to the conclusion that -

(a) Sodium Nitrite, originating in, or exported from, European Union and Taiwan, has been exported to India below normal value, resulting in dumping;

(b) the domestic industry has suffered material injury;

(c) the injury has been caused cumulatively by the dumped imports of Sodium Nitrite from European Union and Taiwan;

and has recommended the imposition of definitive anti-dumping duty on all imports of the said Sodium Nitrite, originating in, or exported from, European Union and Taiwan;

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 Sodium Nitrite, falling under sub-heading 2834.10 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 and imported into India, an anti-dumping duty at a rate which is specified in the 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 28th March, 2002, 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 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 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.

Aman Kumar Singh
Under Secretary to the Government of India

F.No.354/24/2002-TRU