Notification No. 36/2004, Dated 9th Feb 2004

 9th February, 2004

Notification No. 36/2004 - Customs

            WHEREAS, in the matter of import of Green Veneer Tape, falling under Chapter 48 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the subject goods), originating in, or exported from, Chinese Taipei (hereinafter referred to as the subject country), the designated authority vide its preliminary findings, No. 14/50/2002-DGAD, dated the 23rd May, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 23rd May, 2003,  had come to the conclusion that –

(a)	the subject goods had been exported to India from the subject country below its normal value;
(b)	the domestic industry had suffered material injury;
(c)	the material injury had been caused to the domestic industry on account of dumped imports of the subject goods originating in or exported from the subject country;

and the designated authority had recommended imposition of provisional anti-dumping duty,  pending final determination, on all imports of the subject goods, originating in, or exported from, the subject country;

                AND WHEREAS, on the basis of the aforesaid findings of the designated authority, the Central Government imposed an anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 103/2003-Customs, dated the 9th July, 2003, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 9th July, 2003[G.S.R. 534(E), dated the 9th July, 2003];

                AND WHEREAS, the designated authority, vide its final findings No. 14/50/2002-DGAD, dated the 24th December, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 24th December, 2003, has come to the conclusion that-

(a)	subject goods have been exported to India from the subject country below its normal value;
(b)	the Indian industry has suffered material injury;
(c)	the injury has been caused by the imports from the subject country,

and the designated authority has considered it necessary to impose final anti-dumping duty on all imports of the subject goods, originating in, or exported from the subject country so as to remove the injury to the domestic industry;  

             Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, 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 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 headings 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 9th July 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 (Department of Revenue), issued from time to time, in exercise of powers conferred by sub-clause (i) of clause (a) of sub-section (3) of  section 14 of the said 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. 354/49/2003-TRU