Notification No. 62/2002, Dated 17th June 2002

17^th June, 2002

            WHEREAS in the matter of import of sodium tripolyphosphate, falling under sub-heading 2835.31 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, People’s Republic of China and Chinese Taipei (Taiwan), the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 9^th May, 2002 has come to the conclusion that -

(a)     sodium tripolyphosphate, in all forms, originating in, or exported from, People’s Republic of China and Chinese Taipei (Taiwan), has been exported to India below its normal value;

(b)     the domestic industry has also suffered material injury by way of financial losses due to depressed net sales realization on account of price depression caused by low landed prices of dumped sodium tripolyphosphate, in all forms;

(c)     the injury has been caused to the domestic industry by dumping of sodium tripolyphosphate, in all forms, originating in, or exported from, People’s Republic of China and Chinese Taipei (Taiwan);

            AND WHEREAS the designated authority has recommended anti-dumping duty on imports of sodium tripolyphosphate, in all forms, originating in, or exported from, People’s Republic of China and Chinese Taipei (Taiwan);

            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 the aforesaid findings of the designated authority, hereby imposes on sodium tripolyphosphate, in all forms, falling under sub-heading 2835.31 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the countries specified in column (2) of the Table given below, by producers/exporters specified 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 mentioned in the corresponding entry in column (4) of the said Table and the landed value of such imported sodium tripolyphosphate per metric tonne.

Table

Explanation.- In the event of M/S Chongqing Chuandong Chemicals (Group) Company Limited, People’s Republic of China, specified against S.No.1 of the Table above, exporting directly or through any exporter other than M/S Chung Chemicals SON BHD, Kuala Lumpur, Malaysia, it shall be deemed to have been specified against S.No.3 of the said Table for the purposes of this notification.

2.            The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 16^th day of December, 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; 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 (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.

G.D.Lohani
Under Secretary to the Government of India