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Circulars on Anti-dumping » Hydroxyl Amine Sulphate from USA,
etc.Circular no : 125/2000-Customs
Date : 9/29/00
From : Customs
G.S.R. (E) Whereas in the matter of import of Hydroxyl Amine Sulphate falling under sub-heading No. 2825.10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from the United States of America, Japan and European Union, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 4th August 2000, has come to the conclusion that -
(a) Hydroxyl Amine Sulphate, originating in, or exported from, the United States of America, Japan and European Union, has been exported to India below normal value, resulting in dumping;
(b) the Indian industry has suffered material injury;
(c) the injury has been caused cumulatively by the imports from the subject countries or territory;
Now, therefore, in exercise of powers conferred by sub- section (2) of section 9A of the said Customs Tariff Act, read with rules 13 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 Hydroxyl Amine Sulphate, falling under Chapter 28 of the First Schedule to the said Customs Tariff Act, originating in, or exported from any country or territory specified in column (2) of the Table annexed hereto, and exported by exporters specified in column (3) of the said Table, and imported into India, an anti-dumping duty at the rate which is to be calculated as the difference between the amount mentioned in column (4) of the said Table and the landed value of such imported Hydroxyl Amine Sulphate per metric tonne.
Table
| S.No | Country/ Territory | Exporter | Amount (in US dollar per metric tonne) |
| (1) | (2) | (3) | (4) |
| 1. | United States of America | All exporters | 1751.33 |
| 2. | European Union | 1. M/s BASF,Germany 2. Other exporters |
1709.34 1751.34 3. |
| 3. | Japan | 1.M/s UBE Industries
Ltd. 2. M/s Nissho Iwai Co. 3. M/s Mitsui & Co. Ltd. 4. M/s Mitsuya Boeki Ltd., 5. Other exporters |
1751.34 1751.34 1751.34 1751.34 1751.34 |
2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 28th day of March, 2001 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 section 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act;
(b) "rate of exchange" application 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 under sub-clause (i) of clause (a) of sub-section (3) of section 14 of the said Customs Act, 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.
Sd/-
(Vivek Johri)
Deputy Secretary to the Govt. of India
Issued by:
Government of India
Ministry of Finance
(Department of Revenue), New Delhi
F.No. 354/119/2000-TRU
