REGD. NO D. L -33004/99

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 42] NEW DELHI, WEDNESDAY, JANUARY 31, 2001/MAGHA 11, 1922

(1)

105 GI/2001 - 1

2

THE GAZETTE OF INDIA : EJa^AORDTNARY

(PART II—SEC 3(i)]

MINISTRY OF FINANCE

(Department of Revenue)

NOTIFICATION

New Delhi, the 31st January, 2001

No. 8/2001-CUSTOMS

G. S. R. 45(E).—WHEREAS in the matter of import of Sodium Ferrocyanide, falling under

sub-heading No. 2837.20 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975),

originating in, or exported from the European Union, the designated authority vide its preliminary

findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 2nd January,

2001, has come to the conclusion that -

(a) Sodium Ferrocyanide originating in, or exported from, the European Union, have

been exported to India below its normal value;

(b) the Indian industry has suffered material injury;

(c) the injury has been caused by imports from the European Union;

Now, therefore, in exercise of powers conferred by sub-section (2) of section 9A of the

said Customs Tariff Act, read with rule 13 and rule 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 Sodium Ferrocyanide, falling under sub-heading

No.2837.20 of the First Schedule to the said Customs Tariff Act, originating in, or exported from,

the European Union, and when imported into India, an anti-dumping duty at the rate which is to

be calculated as the difference between US $ 1535 pre metric tonne and the landed value of such

imported Sodium Ferrocyanide per metric tonne.

2.

The anti-dumping duty imposed under this notification shall be effective upto and

inclusive of the day of 30th July, 2001, and shall be payable in Indian currency.

^ 3

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 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 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 354/4/2001-TRU]

GD LOHANI, Under Secy

4 __

THE GAZETTE OF INDIA EXTRAORDINARY

[PARI II—SEC 3(I)]

NOTIFICATION

New Delhi, the 31st January, 2001

No. 9/2001 -CUSTOMS

G. S. R. 46(E).— WHEREAS in the matter of import of Theophylline and Caffeine, falling

under Chapter 29 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating

in, or exported from the European Union, the designated authority vide its preliminary findings,

published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 2nd January, 2001,

has come to the conclusion that -

(a) Theophylline and Caffeine, originating in, or exported from, the European Union,

have been exported to India below their normal value;

(b) the Indian industry has suffered material injury;

(c) the injury has been caused by imports from the European Union;

Now, therefore, in exercise of powers conferred by sub-section (2) of section 9A of the

said Customs Tariff Act, read with rule 13 and rule 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 Theophylline and Caffeine, falling under sub-heading

Nos. 2939.30 and 2939.50 respectively, of the First Schedule to the said Customs Tariff Act,

originating in, or exported from, the European Union, and when imported into India, an anti-

dumping duty at the rate which is to be calculated as the difference between the amount

mentioned in column (3) of the Table below and the landed value of such imported Theophylline

and Caffeine per metric tonne.

5

Table

European

countries)

Territory

(1)

Union (all

member-

Product

(2)

Theophylline

Caffeine

Amount in US dollar per

metric tonne

(3)

10686

11486

2.

The anti-dumping duty imposed under this notification shall be effective upto and

inclusive of the day of 30th July, 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 sections 3, 3A, 8B, 9

and 9A of the said Customs Tariff Act.

(b)

"rate of exchange" applicable for the purposes of calculation of 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 154/5/2001-TRU]

GD LOHAN1, Under Secy

6

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(i)l

2

NOTIFICATION

New Delhi, the 31st January, 2001

No. 10/2001-CUSTOMS

G. S. R. 47(E).— WHEREAS in the matter of import of Sodium Cyanide, falling under Chapter

28 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported

from, the United States of America, Czech Republic, the European Union and Korea RP, the

designated authority, vide its preliminary findings, published in the Gazette of India, Extraordinary,

Part I, Section 1, dated the 18th October, 1999 had come to the conclusion that -

(a)

Sodium Cyanide originating in, or exported from, the United States of America,

Czech Republic, the European Union and Korea RP 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 imports from the subject countries/

territory;

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, 134/99-Customs, dated the 27th December,

1999, [G.S.R. 824(E), dated the 27th December, 1999] published in Part II, Section 3, Sub-section (i)

of the Gazette of India, Extraordinary, dated the 27th December, 1999;

AND WHEREAS the designated authority vide its final findings published in the Gazette of

India, Extraordinary, Part I, Section 1, dated the 7* March, 2000 has come to the conclusion that -

(a)

Sodium Cyanide, originating in, or exported from, the United States of America,

Czech Republic, the European Union and Korea RP has been exported to India below

normal value, resulting in dumping;

(b)

the domestic industry has suffered material injury;

(c)

the injury has been caused to the domestic industry by the dumping of Sodium Cyanide

originating in, or exported from, the subject countries/territory;

AND WHEREAS on the basis of the aforesaid final findings of the designated authority, the

Central Government has imposed anti-dumping duty vide notification of the Government of India, in

the Ministry of Finance (Department of Revenue), No.83/2000'Customs dated the 6th June, 2000,

[G.S.R.522 (E), dated the 6th June, 2000] published in Part II, Section 3, Sub-section (i) of the Gazette

of India, Extraordinary, dated the 6* June, 2000;

AND WHEREAS the Customs, Excise and Gold (Control) Appellate Tribunal, in its final

order No.35/2000-AD, dated the 22nd August, 2000 in Appeal No.C/213/2000-AD in liie matter of

M/s Cyanides & Chemicals Company vs The designated authority, has modified the said notification

No.83/2000-Customs, dated the 6th June, 2000 to prescribe the anti-dumping duty in US dollar terms;

8

THE GAZETTE OF INDIA EXTRAORDINARY

| PART II—SEC 3(i)l

AND WHEREAS the designated authority has accepted the above order of Customs, Excise

and Gold (Control) Appellate Tribunal, dated the 22nd August, 2000;

Now, therefore, in exercise of the powers conferred by sub sections (1) and (8) of section 9A,

read with rules 18 and 20 of Customs Tariff (Identification, Assessment and Collection of Anti-

dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 and in supersession

of the notification of the Government of India in the Ministry of Finance (Department of Revenue),

No.83/20O0-Customs dated the 6th June, 2000, [G.S.R.522 (E), dated the 6th June, 2000], except as

respects things done or omitted to be done before such supersession, the Central Government hereby

imposes on Sodium Cyanide, falling under sub-heading No. 2837.11 of the First Schedule to the said

Customs Tariff Act, originating in, or exported from, the countries or territory mentioned in column

(2) of the Table annexed hereto, and when exported by exporters mentioned in the corresponding

entry 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 the corresponding entry in

column (4) of the said Table and the landed value of such imported Sodium Cyanide per metric tonne.

Table

S.No.

(1)

1.

2.

3.

4.

Name of the Country/Terriory

(2)

United States of America

European Union

Czech Republic

Korea RP

Name of the Exporter/Producer

(3)

All exporters

(i)

M/s Degussa Huls

(ii) All other exporters

All exporters

All exporters

Amount (in US dollar

per metric tonne)

(4)

1608.16

1608.16

1608.16

1608.16

1608.16

2.

Nothing contained in this notification shall apply to Sodium Cyanide manufactured by M/s

Tong Suh Petrochemicals Corp. Ltd., Korea RP and exported by M/s Hanwha Corporation, Korea RP,

if the jurisdictional Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the

case may be, is satisfied that such Sodium Cyanide has been manufactured by the said M/s Tong Suh

Petrochemicals Corp. Ltd.

3.

The anti-dumping duty shall 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 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

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 354/166/99-TRU(Pt-UI)|

G D. LOHANI, Under Secy.

j>

NOTIFICATION

New LXlhi, the 31st January, 2001

No. 11/2001-CUSTOMS

G.S.R. 48 (E).— WHEREAS the designated authority vide notification published in Part I,

Section 1 of the Gazette of India, Extraordinary, dated the 16th day of March, 2000, had initiated

review in the matter of continuation of anti-dumping duty on 3,4,5 Trimethoxy Benzaldehyde

originating in, or exported from, the People's Republic of China, imposed vide notification

No.46/99-Customs, dated the 29th April, 1999 [G.S.R.293(E), dated the 29th April, 1999] and had

requested for suitable extension of ami-dumping duty, pending the results of the review

investigations;

_ I _ 0

_

_

T

H

E

G

A

Z

E

T

T

E

O

F

I

N

D

I

A

•

E

X

T

R

A

O

R

D

I

N

A

R

Y

|

P

A

R

T

I

I

—

S

i

x

-

3

(

i

)

]

AND WHEREAS the Central Government has extended the anti-dumping duty imposed

on 3,4,5 Trimethoxy Benzaldehyde originating in, or exported from, the People's Republic of

China vide notification No.30/2000-Customs, dated the 16th March, 2000 [G.S.R.250(E), dated

the 16* March, 2000] and notification No.l21/2000-Customs, dated the 19th September, 2000

[G.S.R. 732(E), dated the 19th September, 2000], upto and inclusive of 19th March, 2001, unless

the notification is revoked earlier.

AND WHEREAS the designated authority vide notification published in Part I, Section 1

of the Gazette of India, Extraordinary, dated the 20th day of December, 2000 has concluded that -

(a)

3,4,5 Trimethoxy Benzaldehyde originating in, or exported from, the People's

Republic of China, has been exported below its normal value;

(b)

The domestic industry would suffer material injury in case the anti-dumping duty

in force is removed;

(c)

The injury to the domestic industry would be caused by imports from the

People's Republic of China, in case the anti-dumping duty in force is removed;

(d)

Cessation of existing anti-dumping duty on imports of 3,4,5 Trimethoxy

Benzaldehyde from the People's Republic of China is likely to lead to

continuation or recurrence of injury to the domestic industry;

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section

9A of the said Customs Tariff Act, read with rule 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 3,4,5 Trimethoxy Benzaldehyde, falling under Chapter

29 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the

People's Republic of China, and imported into India, an anti-dumping duty at the rate of US $

4.31 per kilogramme.

Explanation. - For the purposes of this notification, "rate of exchange" applicable for the

purposes of calculation of 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 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.

IF No 154/217/2000-TRU]

GD LOHANI, Under Secy

11

NOTIFICATION

New Delhi, the 31st January, 2001

No. 12/2001-CUSTOMS

G.S.R. 49 (E).— In exercise of powers conferred by sub-section (1) of section 9A of the

Customs Tariff Act, 1975 (51 of 1975), 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 hereby rescinds the notification of

the Government of India in the Ministry of Finance (Department of Revenue), No.46/99-

Customs, dated the 29lh day of April, 1999 [G.S.R.293(E), dated the 29th day of April], except as

respects things done or omitted to be done before such rescission.

[F No. 354/217/200U-TRU]

GD LOHANI, Under Secy

Printed hv the Miuugcr, Cmvi ol Indi.i 1'rcis, Ring Ro.\d, M,i�pun, Xi;w Oclhi-110064

and Published by the Controller ol Public-ilion*, Delhi-llOO.M

2001