Cus Ntf No.30/2002 date 27/03/2002

Cus Ntf No.30/2002 date 27/03/2002

Anti-dumping Duty on 2-Methyl (5) Nitro Imidazole, commonly known as 2-MNI, falling under Chapter 29
WHEREAS in the matter of import of 2-Methyl (5) Nitro Imidazole, commonly known as 2-MNI, falling under Chapter 29 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of China, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3rd May, 2001, had come to the conclusion that -

(a) 2-MNI originating in, or exported from, the People’s Republic of China, has been exported to India below normal value, resulting in dumping;

(b) the Indian industry has suffered injury;

(c) the injury has been caused by imports from the People’s Republic of China;

AND WHEREAS on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on the said 2-MNI vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 79/2001–Customs, dated the 18th July, 2001, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 18th July, 2001 vide G.S.R. No. 542 (E), dated 18th July, 2001;

AND WHEREAS the designated authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 5th February, 2002 has come to the conclusion that -

(a) 2-MNI, originating in, or exported from, the People’s Republic of China, has 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 People’s Republic of China;

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 the said 2-Methyl (5) Nitro Imidazole, commonly known as 2-MNI, 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, an anti-dumping duty which is to be calculated as the difference between US $ 4.32 per Kilogramme and the landed value of such imported 2-MNI per Kilogramme.

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 18th July, 2001; 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 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.

G.D.Lohani
Under Secretary to the Government of India

F.No.354/74/2001-TRU(Pt-II)