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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 105 GI/2001 - 1 (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 Territory Product Amount in US dollar per metric tonne (1) (2) (3) European Union (all member- Theophylline 10686 countries) Caffeine 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. Name of the Country/Terriory Name of the Exporter/Producer Amount (in US dollar per metric tonne) (1) (2) (3) (4) 1. United States of America All exporters 1608.16 2. European Union (i) M/s Degussa Huls 1608.16 (ii) All other exporters 1608.16 3. Czech Republic All exporters 1608.16 4. Korea RP All exporters 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 HE G A Z E T TE OF I N D IA • E X T R A O R D I N A RY | PART II—Six- 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