Notification No. 58/2006, Dated 9th June 2006

9^th June, 2006

Notification No. 58/2006-Customs

Whereas the designated authority vide notification No. 15/2/2005-DGAD, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 6^th April, 2005, had initiated review in the matter of continuation of anti-dumping duty on Aniline   originating in, or exported from Japan and United States of America imposed vide notification No. 128/2000-Customs dated the 6^th October, 2000, G.S.R. 772(E), dated the 6^thOctober, 2000, and had recommended for suitable extension of anti-dumping duty pending the outcome of the review investigations;

And whereas, the Central Government has extended the anti-dumping duty imposed on Aniline originating in, or exported from Japan and United States of America imposed vide notification No. 85/2005-Customs dated the 19th September, 2005, G.S.R. 594(E), dated the 19th September, 2005, up to and inclusive of 9th April, 2006;

And whereas, the designated authority vide notification No. 15/2/2005-DGAD dated 5^th April, 2006, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 5^th April, 2006, has come to the conclusion that –

(a)           Aniline has been exported to India from Japan and United States of America below its normal value and thereby resulting in dumping; 

(b)           the domestic industry has shown some signs of improvement, however, it continued to suffer injury;

(c)           there is likelihood of continuation of dumping and recurrence of injury in case the anti-dumping duty imposed on imports of Aniline from Japan and United States of America is withdrawn,

and has recommended imposition of anti-dumping duty at specified rates on Aniline originating in, or exported from Japan and United States of America in order to remove injury to the domestic industry.

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) read with rules 18 and 23 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, after considering the aforesaid findings of the designated authority, hereby imposes on Aniline, the description of which is specified in column (3) of the Table below, falling under sub-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 exported from the countries as specified in the corresponding entry in column (6) and produced by the producers as specified in the corresponding entry in column (7) and exported by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty equal to the amount mentioned in the corresponding entry given 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

2.             The anti-dumping duty imposed under this notification 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 (Department of Revenue), issued from time to time, in exercise of the powers conferred by sub-clause (i) of sub-section (3) of section 14 of the Customs Act, 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, 1962.

F.No.354/16 /2000-TRU (Pt.-III)