Notification No. 49/2003, Dated 27th Mar 2003

27th March, 2003

Notification No. 49/2003 - Customs

WHEREAS in the matter of import of Methylene Chloride, falling under tariff item 2903 12 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the European Union, South Africa and Singapore, the designated authority vide its preliminary findings notification No.17/1/2001-DGAD dated the 24th December, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 24th December, 2002 has come to the conclusion that –

(a)
Methylene Chloride, originating in, or exported from, the European Union, South Africa and Singapore, has been exported to India below normal value, resulting in dumping;
(b)
the domestic industry has suffered material injury;
(c)
injury has been caused by imports from the European Union, South Africa and Singapore;

and has recommended imposition of provisional anti-dumping duty, pending final determination, on imports of Methylene Chloride, originating in, or exported from, the European Union, South Africa 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 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 or territory as specified in the corresponding entry in column (5) , and produced by the producer as specified in the corresponding entry in column (7), when exported from the country or territory as specified in the corresponding entry in column (6), by the exporter 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 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.

Table

S. No.	Tariff item	Description of goods	Specification	Country or territory of origin	Country or Territory of Export	Producer	Exporter	Amount	Unit of measurement	Currency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
1.	2903 12 00	Methylene Chloride	Bulk	European Union	Any country	Any producer	Any exporter	159.20	Metric Tonne	US Dollar
2.	2903 12 00	Methylene Chloride	Packed	European Union	Any country	Any producer	Any exporter	43.33	Metric Tonne	US Dollar
3.	2903 12 00	Methylene Chloride	Bulk or Packed	South Africa	Any country	Any producer	Any exporter	181.74	Metric Tonne	US Dollar
4.	2903 12 00	Methylene Chloride	Bulk or Packed	Singapore	Any country	Any producer	Any exporter	77.87	Metric Tonne	US Dollar
5.	2903 12 00	Methylene Chloride	Bulk	Any country except, European Union, South Africa and Singapore	European Union	Any producer	Any exporter	159.20	Metric Tonne	US Dollar
6.	2903 12 00	Methylene Chloride	Packed	Any country except, European Union, South Africa and Singapore	European Union	Any producer	Any exporter	43.33	Metric Tonne	US Dollar
7.	2903 12 00	Methylene Chloride	Bulk or Packed	Any country except, European Union, South Africa and Singapore	South Africa	Any producer	Any exporter	181.74	Metric Tonne	US Dollar
8.	2903 12 00	Methylene Chloride	Bulk or Packed	Any country except, European Union, South Africa and Singapore	Singapore	Any producer	Any exporter	77.87	Metric Tonne	US Dollar

2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 26th day of September, 2003, and shall be payable 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 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.354/4/2003-TRU

Notification No. 49/2003, Dated 27th Mar 2003

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(a)	Methylene Chloride, originating in, or exported from, the European Union, South Africa and Singapore, has been exported to India below normal value, resulting in dumping;
(b)	the domestic industry has suffered material injury;
(c)	injury has been caused by imports from the European Union, South Africa and Singapore;