24
th
September, 2004
Notification No. 98/2004 - Customs
Whereas, in the matter of import of Methylene Chloride, falling under tariff item 290312 00 of the First Schedule to the Customs
Tariff Act, 1975 (51 of 1975), originating in, or exported from the Republic of Korea, the designated authority, vide its
preliminary findings notification No.14/52/2002-DGAD, dated the 26
th
June, 2003, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 27
th
June, 2003, had come to the conclusion that -
(a) Methylene Chloride, originating in, or exported from, the Republic of Korea, 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 by imports from the Republic of Korea;
and had recommended imposition of provisional anti-dumping duty, pending final determination, on imports of Methylene
Chloride, originating in, or exported from, the Republic of Korea;
And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-
dumping duty on Methylene Chloride vide notification of the Government of India in the Ministry of Finance (Department of
Revenue), No.149/2003-Customs, dated the 14
th
October, 2003, [G.S.R. 805(E), dated the 14
th
October, 2003], published in
Part II, Section 3, Sub-section ( i ) of the Gazette of India, Extraordinary, dated the 14
th
October, 2003;
And whereas, the designated authority, vide its final findings notification No.14/52/2002-DGAD, dated the 18
th
August, 2004,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 18
th
August, 2004, has come to the conclusion that
-
(a) Methylene Chloride, originating in, or exported from, the Republic of Korea has been exported to India, below its normal
value;
(b) the Indian industry has suffered material injury;
(c) material injury has been caused by imports from the Republic of Korea;
and has also recommended the imposition of definitive anti-dumping duty on all imports of Methylene Chloride, originating in,
or exported from, the Republic of Korea;
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 in the countries as specified in
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 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.
TABLE
Sl .
No.
Tariff
item
Description
of goods
Specification
Country
of origin
Country
of Export
ProducerExporterAmount
Unit of
measurement
Currency
(1)(2)(3) (4) (5) (6) (7) (8) (9)(10) (11)
1.
290312
00
Methylene
Chloride
Bulk/Packed
Republic
of Korea
Any
Samsung
Fine
Chemicals
Samsung
Corporation
34.43Metric TonneUS Dollar
2.
290312
00
Methylene
Chloride
Bulk/Packed
Republic
of Korea
Any
Samsung
Fine
Chemicals
Any 34.43Metric TonneUS Dollar
3.
290312
00
Methylene
Chloride
Bulk/Packed
Republic
of Korea
Any Any
Samsung
Corporation
34.43Metric TonneUS Dollar
4.
290312
00
Methylene
Chloride
Bulk/Packed
Republic
of Korea
Any Any Any 42.42Metric TonneUS Dollar
5.
290312
00
Methylene
Chloride
Bulk/PackedAny
Republic
of Korea
Any Any 42.42Metric TonneUS Dollar
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 14
th
October, 2003, and 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 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.
Anupam Prakash
Under Secretary to the Government of India
F.No.354/77/2003-TRU
