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6
th
September, 2001
Notification No. 90 /2001-Customs
WHEREAS in the matter of import of Pure Terephthalic Acid (PTA), falling under Chapter 29 of the First Schedule to the
Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Japan, Malaysia, Spain and Taiwan, the designated
authority vide its final findings, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 20
th
April, 2000 had
come to the conclusion that -
(a)
there has been no import of Pure Terephthalic Acid (PTA) from Taiwan during the period of investigation, i.e. 1
st
April,
1998 to 31
st
December, 1998;
(b)
Pure Terephthalic Acid (PTA) originating in, or exported from, Japan, Malaysia and Spain has been exported below normal
value resulting in dumping;
(c)the Indian industry has suffered material injury;
(d)
however, the causal link between the product and injury has not been established in the case of the known exporters from
the subject countries except in the case of M/s Interquisa, Spain;
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.82/2000-Customs, dated the 30
th
May, 2000 [G.S.R.504 (E), dated the 30
th
May, 2000] published in Part II, Section 3,
Sub-section (i) of the Gazette of India, Extraordinary, dated the 30
th
May, 2000;
AND WHEREAS the Customs, Excise and Gold (Control) Appellate Tribunal (hereinafter referred to as the Tribunal), in its final
order No.44-45/2000-AD, dated the 29
th
November, 2000 has ordered modifications in the anti-dumping duties imposed vide
aforesaid notification No.82/2000-Customs dated the 30
th
May, 2000;
AND WHEREAS the designated authority has accepted the above order of the Tribunal dated the 29
th
November, 2000;
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 9A of the said Customs Tariff 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 and in supersession of the notification of the Government of India, in the Ministry of
Finance (Department of Revenue), No.82/2000-Customs dated the 30
th
May, 2000 [G.S.R.504 (E), dated the 30
th
May,
2000], the Central Government hereby imposes on Pure Terephthalic Acid (PTA), falling under Chapter 29 of the First
Schedule to the said Customs Tariff Act, originating in, or exported from countries specified in column (2) of the Table below,
exported by exporters or producers specified in the corresponding entry in column (3) of the said Table and imported into India,
an anti-dumping duty at the rate specified in column (4) of the said Table.
Table
S.No.CountryExporter/ProducerAmount of duty (US $ per metric tonne)
(1)(2) (3) (4)
1Spain(a) M/s Interquisa 19.90
(b) All others 19.90
2Japan(a) M/s Mitsui Chemicals 7.11
(b) M/s Mitsubishi Corporation Nil
(c) All others 7.11
1. The anti-dumping duty shall be payable in Indian currency.
Explanation.- For the purposes of this notification, the 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.
G.D.Lohani
Under Sectretary to the Government of India
F.No.354/50/2000-TRU