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10th June, 2003
Notification No. 90 /2003 - Customs
WHEREAS in the matter of import of Borax decahydrate, falling under heading 2840 of the First Schedule to the Customs
Tariff Act, 1975 (51 of 1975), originating in, or exported from, Turkey and the People's Republic of China, the designated
authority vide its preliminary findings notification No.14/40/2002-DGAD dated the 26th March, 2003, published in the Gazette
of India, Extraordinary, Part I, Section 1, dated the 27th March, 2003 has come to the conclusion that -
(a)Borax decahydrate has been exported to India from Turkey and the People's Republic of China, below normal value;
(b)the Indian industry has suffered material injury;
(c)
the injury has been caused cumulatively by the imports of Borax decahydrate from Turkey and the People's Republic of
China;
and has recommended imposition of provisional anti-dumping duty, pending final determination, on all imports of Borax
decahydrate, originating in, or exported from, Turkey and the People's Republic of China;
Now, therefore, in exercise of the powers conferred by sub-section (2) of section 9A of the said Customs Tariff Act, read with
rules 13 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 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
heading 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 country as specified in the corresponding
entry in column (5), and produced by the producer as specified in the corresponding entry in column (7), when exported from
the country as specified in the corresponding entry in column (6), by the exporter 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.
Table
S.
No.
Heading
Description
of goods
Specification
Country of
origin
Country of
Export
ProducerExporter Amount
Unit of
measurement
Currency
(1)(2) (3) (4) (5) (6) (7) (8) (9)(10) (11)
1.2840
Borax
decahydrate
Any
specification
Turkey
Any country
other than
People's
Republic of
China
M/S E.T.I.
Holdings
A.S.
M/S Borochemie
International
406.81Metric Tonne
US
Dollar
2.2840
Borax
decahydrate
Any
specification
Turkey
Any country
other than
People's
Republic of
China
M/S E.T.I.
Holdings
A.S.
Any exporter
other than M/S
Borochemie
International
484.10Metric Tonne
US
Dollar
3.2840
Borax
decahydrate
Any
specification
Turkey
Any country
other than
People's
Republic of
China
Any
producer
other than
M/S E.T.I.
Holdings
A.S.
M/S Borochemie
International
484.10Metric Tonne
US
Dollar
4.2840
Borax
decahydrate
Any
specification
Turkey
Any country
other than
People's
Republic of
China
Any
producer
other than
M/S E.T.I.
Holdings
A.S.
Any exporter
other
than
M/S Borochemie
International
484.10Metric Tonne
US
Dollar
5.2840
Borax
decahydrate
Any
specification
Any country
other than
People's
Republic of
China
Turkey
Any
producer
Any exporter484.10Metric Tonne
US
Dollar
6.2840
Borax
decahydrate
Any
specification
Turkey
People's
Republic of
China
Any
producer
Any exporter484.10Metric Tonne
US
Dollar
7.2840
Borax
decahydrate
Any
specification
People's
Republic of
China
Any country
Any
producer
Any exporter484.10Metric Tonne

8.2840
Borax
decahydrate
Any
specification
Any country
People's
Republic of
China
Any
producer
Any exporter484.10Metric Tonne
US
Dollar
2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 9th day of
December, 2003, 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 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 said Customs Act, 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.
V. Sivasubramanian
Deputy Secretary to the Government of India
F.No.354/22/2003-TRU