Notification No. 85/2003, Dated 27th May 2003

27 ^th May, 2003

Notification No. 85/2003 - Customs

            WHEREAS in the matter of import of Potassium Permanganate falling under tariff item 2841 61 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of China, Hong Kong and Taiwan, the designated authority, vide its final findings notification No.46/1/2000-DGAD dated the 8^th September, 2001, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 10^th September, 2001, had come to the conclusion that –

(a) Potassium Permanganate originating in, or exported from, the People’s Republic of China, Hong Kong and Taiwan, had been exported to India below normal value, resulting in dumping;

(b)  the domestic industry had suffered material injury;

(c)  the injury had been caused by the imports from the subject countries;

                AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 113/2001–Customs, dated the 1st November, 2001, [G.S.R. 815(E), dated the 1st November, 2001] published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 1st November, 2001;

AND WHEREAS the Customs, Excise and Gold (Control) Appellate Tribunal (hereinafter referred to as CEGAT), in its final order No.03/2002-AD, dated the 28th October, 2002 in Appeal No.C/575/2001-AD in the matter of M/s Universal Chemicals and Industries Ltd. Vs. Ministry of Finance/Designated Auth. has held that “defects in data and investigation has rendered the final findings regarding normal value, dumping margin and anti-dumping duty vitiated and unreliable in respect of M/s Yunnan Province Jainshui County Chemical Industry Factory. That exporter is also required to be treated as a non-cooperating exporter and duty imposed on its exports at the same rate as in the case of other exporters from China by making necessary amendment in Notification No. 113/2001-Cus dated 1.11.2001. It is, accordingly, ordered that the following entry shall be substituted for the existing entry under Sl. No. 1 in notification No. 113/2001-Cus dated 1.11.2001 relating to levy of duty on exports of Potassium Permangnate from People’s Republic of China:

            AND WHEREAS the designated authority has accepted the aforesaid order of CEGAT dated the 28th October, 2002 and issued Corrigendum dated the 23^rd April, 2003, to the aforesaid final findings notification, dated the 8^th September, 2001;               

            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, and in supersession of the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 113/2001-Customs dated the 1^st November, 2001 [G.S.R. 815(E), dated the 1st November, 2001], except as respects things done or omitted to be done before such supersession, the Central Government, hereby imposes on the said Potassium Permanganate, falling under tariff item 2841 61 00 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, any country  mentioned in column (2) of the Table below, and imported into India, an anti-dumping duty at a rate which is specified in the corresponding entry in column (3) of the said Table.

TABLE

2.             The anti-dumping duty imposed under this notification shall be paid 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 (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 Customs Act, (52 of 1962) 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.

V. Sivasubramanian
Deputy Secretary to the Government of India

F.No.336/1/2003-TRU