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Subject : Anti Dumping Duty on SODIUM NITRITE imposed from the date of imposition of the Provisional Duty i.e. from 23-05-2000 (Item from REPUBLIC OF CHINA)
Circular no :147/2000(CUSTOMS)
Date : 12/19/00
From : Customs

CUSTOMS NOTIFICATION
No. 147/2000
Dated 19th December, 2000

WHEREAS in the matter of import of Sodium Nitrite, falling under sub-heading No. 2834.10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Peoples Republic of China, the designated authority, vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 6th April, 2000, had come to the conclusion that -

1. Sodium Nitrite, originating in, or exported from People's Republic of China, has been exported to India below its normal value, resulting in dumping;
2. the domestic industry has suffered material injury;
3. the injury has been caused cumulatively by the imports from the subject country.

AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 76/2000-Customs, dated the 23rd May, 2000 published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 23rd May, 2000 vide G.S.R.No.484(E), dated 23rd May, 2000;

AND WHEREAS the designated authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3rd November, 2000, has come to the conclusion that -

1. Sodium Nitrite, originating in, or exported from People's Republic of China, has been exported to India below normal value resulting in dumping;
2. the domestic industry has suffered material injury;
3. the injury has been caused cumulatively by the imports from the subject country;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff Act, read with sub-section (5) of the said section 9A 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 said Sodium Nitrite, falling under sub-heading No. 2834.10 of the First Schedule to the said Customs Tariff Act, originating in, or exported from People's Republic of China, and imported into India, an anti-dumping duty at the rate which is to be calculated as the difference between the US dollar 524.63 per metric tonne and the landed value of such imported Sodium Nitrite per metric tonne.

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 23rd May, 2000; and 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 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.

F. No. 354/41/2000-TRU (Pt-II)`
Issued by:
Ministry of Finance
Department of Revenue
New Delhi.