Anti-dumping duty - Import of Melamine originating in, or exported from, the Peoples Republic of China.

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Notification No.107/2004-Customs 16th November Whereas, in the matter of import of Melamine (hereinafter referred to as the subject goods), falling under tariff item 2933 61 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in , o r exp o rted fro m , th e Peo p le’s R ep u b lic o f C h in a , th e designated authority, vide findings notification No.14/16/2003-DGAD, dated the 27th February, 2004, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 1st March, 2004, had come to the conclusion that - its preliminary (a) the subject goods, in all forms, originating in, or exported fro m , th e Peo p le’s R ep u b lic o f C h in a , h ave b een exp o rted to India below its normal value; (b) the domestic industry has suffered material injury by way of financial losses due to suppressed Net Sales Realisation on account of price undercutting/underselling caused by low landed prices of the dumped subject goods; (c) the injury has been caused to the domestic industry by dumping of the subject goods, originating in or exported fro m , th e Peo p le’s R ep u b lic o f C h in a,a n d h ad reco m m en d ed imposition of provisional anti-dumping duty on imports of the su b ject g o o d s, o rig in atin g in , o r exp o rted fro m , th e Peo p le’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 subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.53/2004-Customs, dated the 2nd April, 2004, [G.S.R. 250(E), dated the 2nd April, 2004], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 2nd April, 2004; And whereas, the designated authority, vide its final findings notification No.14/16/2003-DGAD, dated the 3rd September, 2004, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3rd September, 2004, has come to the conclusion that – (a) the subject goods, in all forms, originating in, or exported fro m , th e Peo p le’s R ep u b lic o f C h in a h ave b een exp o rted to India, below its normal value; (b) the domestic industry has also suffered material injury by way of financial losses due to suppressed Sales price Net undercutting/underselling caused by low landed prices of the dumped subject goods; Realisation account on of (c) the injury to the domestic industry has been caused by dumping of the subject goods, originating in, or exp o rted fro m , th e Peo p le’s R ep u b lic o f C h in a; and has also recommended the imposition of definitive anti-dumping duty on all imports of the subject goods, originating in, or exported from, th e Peo p le’s R ep u b lic o f C h in a ; Now, therefore, in exercise of the powers conferred by sub-section (1), read with sub-section (5) of section 9A of the said Customs Tariff Act 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 goods, the description of which is specified in column (3) of the Table below, falling under tariff item of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), the specification of which is specified in column (4) of the said Table, originating the corresponding entry in column (5), and produced by the producers as specified in the corresponding entry in column (7), when exported from the countries as specified in the corresponding entry in column (6), by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between, the amount as specified in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11) and per unit of measurement as specified in the corresponding entry in column (10), of the said Table, and the landed value of such imported goods in like currency per like unit of measurement. the countries as specified in in Table Specifi cation Tarif f item Descr iption of goods Cou ntry of orig in Cou ntry of Exp ort Prod ucer Exp orte r Am oun t Unit of measu rement Curr ency (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) S l. N o . ( 1 ) 1. 2933 6100 Melam ine Melami ne 2. 2933 6100 Melam ine Melami ne 3. 2933 61 00 Melam ine Melami ne 128 4.38 Metric tonne US Dolla r 145 6.78 Metric tonne US Dolla r 145 6.78 Metric tonne US Dolla r Peo p le’s Rep ublic of Chin a Peo p le’s Rep ublic of Chin a Peo p le’s Rep ublic of Chin a Peo p le’s Rep ublic of Chin a Tianj in Kaiw ei Che mical Co. Ltd Tianj in Kaiw ei Che mical Co. Ltd Tianj in Kaiw ei Che mica l Co. Ltd Any expo rter othe r than Tianj in Kaiw ei Che mica l Co. Ltd Peo p le’s Rep ublic of Chin a Peo ple’s Rep ublic of Chin a Any prod ucer other than Tianj in Kaiw ei Che mical Any expo rter othe r than Tianj in Kaiw ei Che 4. 2933 61 00 Melam ine Melami ne 5. 2933 61 00 Melam ine Melami ne mica l Co. Ltd Any expo rter 145 6.78 Metric tonne US Dolla r 145 6.78 Metric tonne Any expo rter US Dolla r Any cou ntry othe r than Peo ple’s Rep ublic of Chin a Co. Ltd Tianj in Kaiw ei Che mical Co. Ltd Any prod ucer other than Tianj in Kaiw ei Che mical Co. Ltd Peo p le’s Rep ublic of Chin a Peo p le’s Rep ublic of Chin a Any cou ntry othe r than Peo p le’s Rep ublic of Chin a 6. 2933 61 00 Melam ine Melami ne Any cou ntry othe r than Peo p le’s Rep ublic of Chin Any prod ucer Any expo rter 145 6.78 Metric tonne US Dolla r a Peo p le’s Rep ublic of Chin a 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 2nd April, 2004, and shall be paid in Indian currency. Explanation. - For the purposes of this notification, - (a) “lan d ed valu e” m ean s th e assessab le valu e as d eterm in ed u n d er 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 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 by 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.354/28/2004-TRU] V. Sivasubramanian Deputy Secretary to the Government of India

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