REGD. NO. D. L.-33004/99
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (i)
PUBLISHED BY AUTHORITY
No.
636]
NEW DELHI. FRIDAY. DECEMBER 21, 2001/AGRAHAYANA 30, 1923
3908 GI/2001
(1)
2 _
_ ^
THEGAZETTEQ^INDIA:EXTRAORDINARY,.
_ _ _ _ JPAR-I II—SEC3(J)|
3
M1N1STRY0FFINANCE
(Department of Revenue)
NOnFlCAITON
New Delhi, the 21st December, 2001
No. 126/2001-CUSTOMS
G.S,R,914(E).
! WHEREAS the designated authority vide notification published in Part I, Section 1
of the Gazette of India, Extraordinary, dated the 24th day of October, 2000, had initiated review in the
matter of continuation of anti-dumping duty on acrylonitrile butadiene rubber (hereinafter referred to as
NBR) originating in, or exported from, Japan, imposed vide notification No.68/99-Customs, dated the 26th
May, 1999 [G.S.R.391(E), dated the 26th May, 1999] and had requested for suitable extension of anti-
dumping duty, pending the results of the review investigations;
-
AND WHEREAS the Central Government has extended the anti-dumping duty imposed on
acrylonitrile butadiene rubber originating in, or exported from, Japan vide notification No. 139/2000-
Customs, dated the 9th November, 2000 [G.S.R. 856 (E), dated the 9th November, 2000] and notification
No.46/2001-Customs, dated the 30th April, 2001 [G.S.R. 308 (E), dated the 30th April, 2001], upto and
inclusive of 13 th November, 2001;
AND WHEREAS the designated authority vide notification published in Part I, Section 1 of the
Gazette of India, Extraordinary, dated the 12th November, 2001 has concluded that -
(a)
NBR originating in, or exported from, Japan has been exported to India below normal
value resulting in dumping;
(b)
the domestic industry is suffering injury;
(c)
the injury may intensify if anti-dumping duty is removed;
Now, therefore, in exercise of the powers conferred by^sub-sections (1) and (5j. 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) 'Vales, 1995, the
Central Government after considering the aforesaid findings of the designated authority, hereby imposes on
acrylonitrile butadiene rubber, falling under sub-heading No. 4002.59 of the First Schedule to the said
Customs Tariff Act, originating in, or exported from, Japan, and imported into India, an anti-dumping duty
at the rate which is equivalent to the difference between the amount mentioned in column (4) of the Table
below and the landed value of imDorts.
Table
S. No.
(1)
1.
Country
(2)
Japan
Name of Producer/ Exporter
(3)
All producers/exporters
Amount (US$ / metric
tonne)
(4)
2088
2.
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 section 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 conferred 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. 354/2O3/2001-TRU]
- VIVEK PRAS AD. Uider Secy.
4
THE GAZETTE OF INDIA: EXTRAORDINARY
[PART II—SEC.3(J)|
5
NOTIFICATION
New Delhi, the 21 st December, 2001
No. 127/2001-CUSTOMS
G.S.R. 915(E).— WHEREAS in the matter of import of thermal sensitive paper (TSP) falling under
sub-heading No. 4809.10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in,
or exported from, the Peoples' Republic of China, the designated authority vide its preliminary findings,
published in the Gazette of India, Extraordinary, Part I Section 1, dated the 8th November, 2001 has come
to the conclusion that -
(i) thermal sensitive paper has bten exported from the subject country to India below its normal
value;
(ii) the Indian industry has suffered material injury and is being threatened with further injury;
(iii) the injury has been caused by the dumped imports from the subject country;
and has considered it necessary to impose anti-dumping duty, provisionally, pending final determination,
on all imports of the subject goods, originating in or exported from the Peoples' Republic of China;
NOW, THEREFORE, in exercise of the 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 above findings of the designated authority hereby imposes on
the thermal sensitive paper falling under sub-heading No. 4809.10 or heading No. 48.11 or heading No.
48.16 of the First Schedule to the said Customs Tariff Act, originating in, or exported from, the Peoples'
Republic of China, when exported by exporter mentioned in column (2) of the Table annexed below, and
imported into India, an anti-dumping duty at the rate which is equivalent to the amount mentioned in the
corresponding entry in column (3) of the said Table.
Table
S.No.
0)
1.
Country
(2)
All exporters/ Producers of Peoples' Republic of China
Anti-dumpjngjluty ^US$ per Kg)
(3)
0.967
2.
The anti-dumping duty imposed under this notitication shall be eiiective upto and inclusive ot the
20th day of June, 2002, and 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 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,
[F. No. 354/202/2001-TRU]
VIVEK PRAS AD, Under Secy.
6
THE GAZETTE OF INDIA: EXTRAORDINARY
| PARI II—SEC 3( i)]
2
8
THE GAZETTE OF INDIA: EXTRAORDINARY
[PART II—SEC. 3(i))
NOTIFICATION
New Delhi, the21st December, 2001
No. 128/2001-CUSTOMS
G.S.R. 916(E).— whereas in the matter of import of Compact Fluorescent Lamps, falling under sub-
heading No. 8539.31 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or
exported from People's Republic of China and Hong Kong, and imported into India, the designated
authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1,
dated the 2nd November, 2001, has come to the conclusion that -
(a) the imports of Compact Fluorescent Lamps into India from People's Republic of China and Hong
Kong have increased quite significantly both in absolute terms and relative to consumption in
India;
(b) the sale of domestic industry has declined significantly;
(c) the domestic sale prices are suffering from both price suppression and price depression due to
dumped imports from China People's Republic of China and Hong Kong;
(d) the production has remained more or less static during period of investigation;
(e) closing stocks has gone up by around 145% during period of investigation over previous year;
(f) the capacity utilisation during the period of investigation was as low as 20% (after taking into
account the increased capacity);
(g) the domestic industry has suffered losses during the period of investigation;
and has considered it necessary to impose anti-dumping duty, provisionally, pending final determination,
on all imports of the subject goods, originating in or exported from People's Republic of China and Hong
Kong;
Now, therefore, in exercise of the 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 above findings of the designated authority, hereby imposes on
Compact Fluorescent Lamps falling under Chapter 85 of the First Schedule to the said Customs Tariff Act,
originating in or exported from the country specified in column (2) of the Table annexed hereto, when
exported by exporter mentioned against the corresponding country in column (3) of the said Table, and
imported into India, an anti-dumping duty at the rate which is equivalent to the difference between the
amount mentioned in corresponding entries in column (4) or column (5) of the said Table, and the landed
value of the imports per unit in US$.
TABLE
s.
No.
(1)
1.
2.
Name of the Country
(2)
People's Republic of
China
Hong Kong
Name of the producer/ exporter
(3)
M/s Philip and Yarning Lighting Co.
Ltd.
All other exporters
All other exporters
Amount per unit in US$
Without choke
(4)
1.426
1.426
1.426
With choke
(5)
3.115
3.115
—
_9
2.
The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the
20* day of June, 2002, 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, 3 A, 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 conferred 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.354/205/2(X)l-TRU]
VIVEK PRAS AD. Under Secy
3<{<tit,i)ladi''X
K)
THE GAZETTE OF INDIA; EXTRAORDINARY
[PARTII—SEC.3(J)]
]1
NOTIFICATION
New Delhi, the 21st December, 2001
No. 129/2001-CUSTOMS
G.S.R917(E).— in the matter of import of Vitamin AB2D3K falling under
Chapter 23 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or
exported from, the European Union, the Unites States of America, Thailand and Singapore, the
designated authority vide its preliminary findings, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 25th September, 2001, has come to the conclusion that -
(a) Vitamin AB2D3K (Single strength and Triple strength) originating in, or exported
from, the European Union, Thailand and Singapore, have been exported to India
below normal value, resulting in dumping;
(b) the Indian industry has suffered material injury;
(c) injury has been caused by imports from the European Union, Thailand and Singapore
cumulatively;
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 above findings of the designated
authority, hereby imposes on Vitamin AB2D3K [of description given in column (4) of the Table
annexed hereto] falling under Chapter 23 of the First Schedule to the said Customs Tariff Act,
originating in, or exported from countries or territories specified in corresponding entries in
column (2) of the said Table, and exported by exporters specified in corresponding entries in
column (3) of the said Table, an anti-dumping duty at the rate which is to be calculated as the
difference between the amount specified in the corresponding entries in column (5) and landed
value of such imported Vitamin AB2D3K per Kilogramme.
TABLE
SI.
No
(1)
1.
2.
3
Name of the
Country/Territory
(2)
Thailand
Singapore
European Union
Name
of
the
Producer/
Exporter
(3)
(a) M/s BASF (Thai) Ltd.
(b) All other producer/exporter
(a)
M/s
Aventis
Animal
Nutrition, Singapore
(b)
All
other
producer
/exporter
All exporters
Product
Vitamin
AB2D3K
(4)
Single strength
Triple strength
Single strength
Triple strength
Single strength
Triple strength
Single strength
Triple strength
Triple strength
Amount
(in
US
$
per
Kilogramme)
(5)
11.56
27.74
11.56
27.74
11.56
27.74
11.56
27.74
27.74
12
THE GAZETTE OF INDIA: EXFRAORDINARY
[PART II—SF.C. j(ij]
2.
The anti-dumping duty imposed under this notification shall be effective upto and
inclusive of the 20th day of June, 2002, and shall be payable in Indian currency.
Explanation. - For the purposes of this notification, -
(a)
"landed value" means the assessable vaWe 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. 354/185/2001-TRU1
G. D. LOHANL Under Secy.
Printed by the Manager. Govt, of India Press, Ring Road, Mayapuri. New Delhi-110()d4
and Published by the Controller oi' Publications. Delhi-II0054.