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14
th
January, 2002
Notification No. 5/2002-Customs
WHEREAS in the matter of import of Choline Chloride, falling under sub-headings 2309.90 or 2923.10 of the First Schedule to
the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People's Republic of China and the European
Union, the designated authority vide its preliminary findings, published in the Gazette of India, Extraordinary, Part I, Section 1,
dated the 23
rd
February, 2001 had come to the conclusion that -
(a)
Choline Chloride, in all forms, originating in, or exported from, the People's Republic of China and the European Union,
have been exported to India below their normal value;
(b)
the domestic industry has suffered material injury by way of decline in its market share and financial losses due to
depressed net sales realization on account of price depression caused by low landed prices of the dumped Choline
Chloride;
(c)
the injury has been caused to the domestic industry by dumping of the Choline Chloride, originating in, or exported from, the
People's Republic of China and the European Union;
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 Choline Chloride vide notification of the Government of India in the Ministry of Finance
(Department of Revenue), No.34/2001-Customs, dated the 30
th
March, 2001, published in Part II, Section 3, Sub-section (i) of
the Gazette of India, Extraordinary, dated the 30
th
March, 2001 vide No. G.S.R. 230(E), dated the 30
th
March, 2001;
AND WHEREAS the designated authority vide its final findings published in the the Gazette of India, Extraordinary, Part I,
Section 1, dated the 27
th
November, 2001 has come to the conclusion that -
(a)
Choline Chloride, in all forms, originating in, or exported from, the People's Republic of China and the European Union,
have been exported to India below their normal value;
(b)
the domestic industry has suffered material injury by way of decline of depressed net sales realization on account of price
suppression caused by low landed prices of the dumped Choline Chloride from the People's Republic of China and the
European Union leading to financial losses;
(c)
the injury has been caused to the domestic industry by dumping of the Choline Chloride, originating in, or exported from, the
People's Republic of China and the European Union;
Now, therefore, in exercise of 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 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 final findings of the designated authority, hereby imposes on Choline Chloride of all forms, grades and
concentration, falling under sub-headings 2309.90 or 2923.10 of the First Schedule to the said Customs Tariff Act, originating
in, or exported from, country or territory specified in column (2) of the Table annexed hereto and exported by exporters
mentioned in column (3) of the said Table, and when imported into India, an anti-dumping duty at the rate specified in the
corresponding entry in column (4) of the said Table.
Table
S.No.
Name of
the
Country/
Territory
Name of the
exporter/producer
Amount of duty (US $ per metric
tonne for Choline Chloride of all
forms and grades and of 100%
concentration)
(1) (2) (3) (4)
1.
European
Union
(a) M/s Akzo Nobel Chemicals
S.p.A., Italy and M/s Akzo
Nobel Functional Chemical
BV, Netherlands
171.50
(b) All other exporters and producers 346.80
2.
People's
Republic
of China
All exporters and producers 489.33
Note.- The rate of anti-dumping duty for
Choline Chloride of all forms and grades of
concentration other than 100% shall be
worked out on pro rata basis.
2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of
provisional anti-dumping duty, i.e. 30
th
March, 2001, and shall be payable in Indian currency.
Explanation . - For the purposes of this notification, 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 under sub-clause (i) of clause (a) of sub-section
(3) of section 14 of the Customs Act, (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.
G.D.Lohani
Under Secretary to the Government of India
F.No.354/26/2001-TRU (Pt-II