Notification No. 46/2003, Dated 24th Mar 2003

24th March, 2003

Notification No.46/2003-Customs

WHEREAS in the matter of import of Para cresol, falling under tariff item 2907 12 10 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.14/29/2002-DGAD dated the 17th January, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 17th January, 2003, has come to the conclusion that –

(a) Para cresol has been exported to India from the People’s Republic of China below the normal value;
(b) the domestic industry has suffered material injury;
(c) the material injury has been caused by the dumped imports from the People’s Republic of China;

and has recommended imposition of provisional anti-dumping duty, pending final determination, on all imports of Para cresol, originating in, or exported from, the People’s Republic of China;

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 the goods, the description of which is specified in column (3) of the Table below, falling under tariff item 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 column (4) of the said Table, originating in the country 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.	Tariff item	Description of goods	Specification	Country of origin	Country of Export	Producer	Exporter	Amount	Unit of measurement	Currency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
1.	2907 12 10	Para cresol	Any specification	People’s Republic of China	Any country	Any producer	Any exporter	2.445	Kilogramme	US Dollar
2.	2907 12 10	Para cresol	Any specification	Any country	People’s Republic of China	Any producer	Any exporter	2.445	Kilogramme	US Dollar

2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 23rd day of September, 2003, 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 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.

Alok Shukla
Deputy Secretary to the Government of India

F.No.354/10/2003-TRU

Notification No. 46/2003, Dated 24th Mar 2003

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(a)	Para cresol has been exported to India from the People’s Republic of China below the normal value;
(b)	the domestic industry has suffered material injury;
(c)	the material injury has been caused by the dumped imports from the People’s Republic of China;