[TO BE PUBLISHED IN THE
GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]
GOVERNMENT
OF INDIA
MINISTRY
OF FINANCE
(DEPARTMENT
OF REVENUE)
Notification No. 12/2012 –Customs (ADD)
New Delhi, dated the 8th February, 2012
G.S.R. (E). – Whereas, in the
matter of imports of Coumarin (hereinafter referred to
as the subject goods), falling under Tariff Item 2932 21 00 of the First Schedule to
the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the said
Act), originating in, or exported from, the People’s Republic of China
(hereinafter referred to as the subject country) and imported into India, the Designated
Authority in its final findings videNotification
No.14/17/2009-DGAD, dated the 7th July, 2010, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 7th July, 2010, had come to
the conclusion that-
(a) the product under consideration
had been exported to India from the subject country below normal values;
(b) the domestic industry had
suffered material injury on account of imports from subject country;
(c) the material injury had been
caused by the dumped imports of subject goods from the subject country;
and had recommended imposition of definitive
anti-dumping duty on the imports of subject goods, originating in, or exported
from, the subject country;
And whereas, on the basis of the aforesaid
findings of the Designated Authority, the Central Government had imposed
definitive anti-dumping duty on the subject goods vide Notification of the
Government of India in the Ministry of Finance (Department of Revenue), No.
82/2010-Customs, dated the 20th August, 2010, published
in the Gazette of India Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.695
(E), dated the 20thAugust, 2010;
And whereas, the Designated Authority,
pursuant to the order of the Customs Excise & Service Tax Appellate
Tribunal, dated 17th June, 2011, vide its
final findings Notification No. 14/17/2009-DGAD dated the 23rd December, 2011,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the
23rd December, 2011, had once
again come to the conclusion that-
(a) the subject goods had been
exported to India from the subject country below normal values;
(b) the domestic industry had
suffered material injury on account of subject imports from subject country;
(c) the material injury had been caused by the dumped imports of subject
goods from the subject country;
and had recommended the
imposition of definitive anti-dumping duty on imports of the subject
goods originating in, or
exported, from the subject country;
Now, therefore, in exercise of the powers
conferred by sub-sections (1) and (5) of section 9A of the said Act, read with
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, after considering the aforesaid
final findings of the Designated Authority, in supersession of Notification of
the Government of India in the Ministry of Finance (Department of Revenue), No.
82/2010-Customs, dated the 20th August, 2010, published in the Gazette of India Extraordinary,
Part II, Section 3, Sub-section (i) vide number G.S.R.695 (E), dated the 20th August, 2010, except as respects things done or
omitted to be done on such supersession, hereby imposes on the subject goods, the description of which is specified in column
(3) of the Table below, falling under the Tariff Item of the First Schedule to
the said Act as specified in the corresponding entry in column (2), originating
in the country as specified in the corresponding entry in column (4), and
produced by the producer as specified in the corresponding entry in column (6),
when exported from the country as specified in the corresponding entry in
column (5), by the exporter as specified in the corresponding entry in column
(7), and imported into India, an anti-dumping duty at a rate which is equivalent to difference between the
amount mentioned in the corresponding entry in column (8), in the currency as
specified in the corresponding entry in column (10) and as per unit of measurement as specified in
the corresponding entry in column (9), of the said Table and the landed value
of imported goods in like currency as per like unit of measurement:-
Table
|
S.No.
|
Tariff item
|
Description of goods
|
Country of origin
|
Country of export
|
Producer
|
Exporter
|
Amount
|
Unit of measu-rement
|
Currency
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
(7)
|
(8)
|
(9)
|
(10)
|
|
1
|
2932
21 00
|
Coumarin of all types
|
People’s Republic of China
|
People’s Republic of China
|
Yinghai
(Cangzhou)
Aroma
Chemical
Co. Ltd.
|
Yinghai
(Cangzhou)
Aroma
chemical
Co. Ltd.
|
14.02
|
Kg.
|
US Dollar
|
|
2
|
2932
21 00
|
Coumarin of all types
|
People’s
Republic of China
|
People’s
Republic of China
|
Any
combination of producer and exporter other than at Sl. No. 1 above
|
14.02
|
Kg.
|
US Dollar
|
|
|
3
|
2932
21 00
|
Coumarin of all types
|
People’s Republic of China
|
Any country other than People’s
Republic of China
|
Any
|
Any
|
14.02
|
Kg.
|
US Dollar
|
|
4
|
2932
21 00
|
Coumarin of all types
|
Any country other than People’s
Republic of China
|
People’s Republic of China
|
Any
|
Any
|
14.02
|
Kg.
|
US Dollar
|
2. The anti-dumping duty
imposed shall be levied for a period of five years (unless revoked, superseded
or amended earlier) from the date of imposition of the
provisional anti-dumping duty, that is, 23rd March,
2010 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
Customs Tariff Act, 1975;
(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), in exercise of the powers conferred by section
14 of the Customs Act, 1962 (52 of 1962) 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 Customs Act, 1962 ( 52 of 1062)
.
[F.No.354/22/2010 –TRU (Pt-I)]
(Sanjeev Kumar Singh)
Under Secretary to the
Government of India.
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