Ntf No. 138/2000 - Cus Dated 3-11-2000

Notification No. 138/2000-Customs dt. the 3rd November, 2000

G.S.R. (E).- Whereas in the matter of import of Bisphenol-A, falling under sub heading No. 3907.23 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the United States of America, the designated authority vide its final findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 19th March, 1997 had come to the conclusion that -

1. Bisphenol-A, originating in, or exported from, the United States of America, has been exported to India below its normal value;
   
2. the domestic industry has suffered material injury; and
   
3. the injury has been caused to the domestic industry by exports originating in, or exported from, the United States of America;
   

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. 40/97-Customs, dated the 29th April 1997, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 29th April, 1997;

AND WHEREAS the designated authority vide its final findings in review, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 30th August, 2000 has come to the conclusion that -

1. Bisphenol-A, originating in, or exported from, the United States of America, has been exported to India below its normal value;
   
2. the domestic industry has not suffered any material injury from imports of Bisphenol-A from subject country during the period of investigation;
   
3. no injury has been caused to the domestic industry by the exports of Bisphenol-A, originating in, or exported from subject country; and
   
4. cessation of existing anti-dumping duty on imports of Bisphenol-A from the subject country, is not likely to lead to continuation or recurrence of injury to the domestic industry;
   

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 (6) of the said section 9A and 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 rescinds the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 40/97-Customs, dated the 29th day of April, 1997, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (i), except as respect things done or omitted to be done before such recission.

Sd/-
(Prashant Kumar Sinha)
Under Secretary to the Government of India

Issued by
Government of India
Ministry of Finance
(Department of Revenue), New Delhi

F. No. 356/160/2000-TRU