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Notification No. 10/2003, Dated 15th Jan 2003

15th January, 2003

Notification No. 10/2003-Customs

            WHEREAS in the matter of import of Hydrofluoric acid, falling under sub-heading 2811.11 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of China, the designated authority vide its preliminary findings notification No.62/1/2001-DGAD dated the 15th February, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 19th February, 2002, had come to the conclusion that -

(a)

Hydrofluoric acid of all concentration other than 70% in all forms, originating in, or exported from the People’s Republic of China had been exported to India, below its normal value;

(b)

Hydrofluoric acid in 70% concentration had not been exported below normal value;

(c)

The significant capacity for export purposes available with the producers/exporters in the People’s Republic of China and the recent dumped imports of concentration other than 70% had caused price depression and there was an imminent threat to the domestic producers of the said Hydrofluoric acid in India;

(d)

the domestic industry had 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 the dumped Hydrofluoric acid;

(e)

the injury had been caused to the domestic industry by dumping of the Hydrofluoric acid of all concentration other than 70%, originating in or exported from the People’s Republic of China;

            AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on Hydrofluoric acid vide notification of the Government of India in the erstwhile Ministry of Finance (Department of Revenue), No. 35/2002–Customs, dated the 28th March, 2002, [G.S.R. 233 (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.62/1/2001-DGAD, dated the 26th November, 2002 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 28th November, 2002 has come to the conclusion that -

(a)

Hydrofluoric acid of concentration other than 70% in all forms, originating in, or exported from, the People’s Republic of China has been exported to India, below its normal value;

(b)

Hydrofluoric acid in 70% concentration has not been exported below normal value;

(c)

The significant capacity for export purposes available with the producers/exporters in the People’s Republic of China and the recent dumped imports of concentration other than 70% have caused price depression and there is an imminent threat to the domestic producers of the said Hydrofluoric acid in India;

(d)

the domestic industry has 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 the dumped Hydrofluoric acid;

(e)

the injury has been caused to the domestic industry by dumping of the Hydrofluoric acid of all concentration other than 70%, originating in, or exported from, the People’s Republic of China;

and has recommended the imposition of definitive anti-dumping duty on all imports of the said Hydrofluoric acid of all concentration other than 70%, originating in, or exported from, the People’s Republic of China;

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 the goods, the description of which is specified in column (3) of the Table below, falling under sub-heading of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), the specification of which is specified in the corresponding entry in column (4), originating in the countries as specified in the corresponding entry in column (5) , and produced by the producers as specified in the corresponding entry in column (7), when exported from the countries as specified in the corresponding entry in column (6), by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between, the amount as specified in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11) and per unit of measurement as specified in the corresponding entry in column (10), of the said Table, and the landed value of such imported goods in like currency per like unit of measurement.

Table

S.No.

Sub - heading

Description of goods

Specification

Country of origin

Country of export

Producer

Exporter

Amount

Unit of measur - ement

Currency

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

1.

2811.11

Hydrofluoric acid

of 100% concentration, in all forms,

(loose/unpacked)

People’s Republic of China

Any country

Any producer

Any exporter

797.6

Metric tonne

USDollar

2.

2811.11

Hydrofluoric acid

of 100% concentration, in all forms (packed)

People’s Republic of China

Any country

Any producer

Any exporter

871.8

Metric tonne

USDollar

3.

2811.11

Hydrofluoric acid

of any concentration other than 70%, in all forms (loose/unpacked)

People’s Republic of China

Any country

Any producer

Any exporter

7.976 multiplied by concentration in percent.

Metric tonne

USDollar

4.

2811.11

Hydrofluoric acid

of any concentration other than 70%, in all forms (packed)

People’s Republic of China

Any country

Any producer

Any exporter

74.22 +

(7.976 multiplied by concentration in percent.)

Metric tonne

USDollar

5.

2811.11

Hydrofluoric acid

of 100% concentration, in all forms,

(loose/unpacked)

Any country

People’s Republic of China

Any producer

Any exporter

797.6

Metric tonne

USDollar

6.

2811.11

Hydrofluoric acid

of 100% concentration, in all forms (packed)

Any country

People’s Republic of China

Any producer

Any exporter

871.8

Metric tonne

USDollar

7.

2811.11

Hydrofluoric acid

of any concentration other than 70%, in all forms (loose/unpacked)

Any country

People’s Republic of China

Any producer

Any exporter

7.976 multiplied by concentration in percent.

Metric tonne

USDollar

8.

2811.11

Hydrofluoric acid

of any concentration other than 70%, in all forms (packed)

Any country

People’s Republic of China

Any producer

Any exporter

74.22 +

(7.976 multiplied by concentration in percent.)

Metric tonne

USDollar

Illustration.- For Hydrofluoric acid of 50% concentration, in all forms, (loose/unpacked), the amount for the purposes of the entry in column (9) will be equal to 7.976 multiplied by 50, i.e. 398.8 and for Hydrofluoric acid of 50% concentration, in all forms, (packed) the said amount will be equal to 74.22 + (7.976 multiplied by 50) i.e.473.02

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, -

(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 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.

Vivek Prasad
Under Secretary to the Government of India

F.No.354/30/2002-TRU

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