Notification No. 17/2002, Dated 11th Feb 2002

11 ^th February, 2002

Notification No.17/2002 - 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, the European Union and Singapore, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 14^th December, 2001, 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, the 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, the European Union and Singapore;

NOW, THEREFORE, in exercise of the powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act, read with rules 13 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 above findings of the designated authority, hereby imposes on 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 country/territory specified in column (2) of the Table annexed hereto, and exported by exporters specified in corresponding entry in column (3) of the said Table, an anti-dumping duty at the rate which is to be calculated as the difference between the amount specified in the corresponding entry in column (4) and landed value of such imported Flexible Slabstock Polyol per metric tonne.

TABLE

2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 10^th day of August, 2002, and shall be payable 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;

(b) "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 said Customs Act, and the relevant date for 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.

F.No.354/221/2001-TRU

Vivek Prasad

Under Secretary to the Government of India