Notification No.57/2012, Dated 21st Dec, 2012

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i), DATED THE 21^ST DECEMBER, 2012]                                                      

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

Notification No.57/2012-Customs (ADD)

            New Delhi, the 21^st December, 2012

 G.S.R._(E). -WHEREAS in the matter of import of Choline Chloride (hereinafter referred to as the subject goods), falling under Chapter 23 or Chapter 29 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), (hereinafter referred to as the Customs Tariff Act), originating in, or exported from, the People’s Republic of China (hereinafter referred to as the subject country),and imported into India, the designated authority in its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, vide notification No. 14/19/2011-DGAD, dated the 4^th October, 2012, has come to the conclusion, inter alia, that –

(i)   the subject goods have entered the Indian market from the subject country below associated normal value, thus, resulting in dumping of the subject goods;

(ii)  the domestic industry has suffered material injury in respect of such goods;

(iii) the injury to the domestic industry has been caused due to the dumped imports of subject goods from the subject country ;

            AND WHEREAS, the designated authority has recommended imposition of definitive anti-dumping duty on imports of the subject goods, originating in or exported from the People’s Republic of China and imported into India, 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, read with 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, after considering the aforesaid final findings of the designated authority, hereby imposes on the subject goods,  the description of which is specified in column (3) of the Table below, falling under heading of the First Schedule to the Customs Tariff Act as specified in the corresponding entry in column (2),  originating in the country as specified in the corresponding entry in column (4), and produced by the producer as specified in the corresponding entry in column (6), when exported from the country as specified in the corresponding entry in column (5), by the exporter as specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at a rate  to be worked out as a percentage of the CIF value of imports of the subject goods as specified in the corresponding entry in column (8) of the said Table.

Table

2.         The anti-dumping duty imposed under this notification shall be levied for a period of five years (unless revoked, amended or superseded earlier) from the date of publication of this notification in the Gazette of India and shall be paid in Indian currency.

Explanation. - For the purposes of this notification,-

(a) “CIF value” means the assessable value as determined under section 14 of the Customs Act, 1962 (52 of 1962); and

(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 section 14 of the Customs Act, 1962 (52 of 1962) and the relevant date for 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.

 [F.No.354/207/2012 –TRU

 Rajkumar Digvijay

Under Secretary to the Government of India.