Notification No. 2/2004, Dated 7th Jan 2004

7^th January, 2004

Notification No. 2/2004 - Customs

            Whereas, in the matter of import of Borax decahydrate, falling under heading 2840 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Turkey and the People’s Republic of China , the designated authority, vide its preliminary findings notification No.14/40/2002-DGAD, dated the 26th March, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 27th March, 2003, had come to the conclusion that –

(a)	Borax decahydrate has been exported to India from Turkey and the People’s Republic of China, below normal value;
(b)	the Indian industry has suffered material injury;
(c)	the injury has been caused cumulatively by the imports of Borax decahydrate from Turkey and the People’s Republic of China;

and had recommended imposition of provisional anti-dumping duty, pending final determination, on imports of Borax decahydrate, originating in, or exported from, Turkey and 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 Borax decahydrate vide notification of the Government of India in the erstwhile Ministry of Finance and Company Affairs (Department of Revenue), No . 90/2003–Customs, dated the 10^th June, 2003, [G.S.R. 469(E), dated the 10th June, 2003], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 10^th June, 2003;  

            And whereas, the designated authority, vide its final findings notification No.14/40/2002-DGAD, dated the 21^st November, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 21^st November, 2003, has come to the conclusion that –

(a)	Borax decahydrate has been exported to India from Turkey and the People’s Republic of China, below its normal value;
(b)	the domestic industry has suffered material injury;
(c)	the material injury to the domestic industry has been caused cumulatively by the dumped imports of Borax decahydrate from Turkey and the People’s Republic of China;

and has recommended the imposition of definitive anti-dumping duty on all imports of Borax decahydrate, originating in, or exported from,  Turkey and the People’s Republic of China, in order to remove the injury to the domestic industry.  

            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 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 column (4) of the said Table,  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

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 10^th June, 2003, 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 Customs Act, 1962 (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.

G.S.Karki
Under Secretary to the Government of India

F.No.354/22/2003-TRU