15th December, 2003

Notification No. 177/2003 - Customs

            WHEREAS in the matter of import of Chloroquine phosphate, falling under tariff item 2939 21 40 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of China, the designated authority vide its preliminary findings in notification No.14/3/2003-DGAD, dated the 6th November, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7th November, 2003, has come to the conclusion that -

(a)	Chloroquine phosphate, originating in, or exported from the People’s Republic of China, have been exported to India below its normal value;
(b)	the domestic industry has suffered material injury;
(c)	the injury has been caused to the domestic industry by dumping of Chloroquine phosphate , originating in or exported from the People’s Republic of China,

and has recommended the imposition of provisional anti-dumping duty on import of such Chloroquine phosphate, originating in or exported from 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 sub-heading or 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 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

2. The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 14 th day of June, 2004, 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 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.S.Karki
Under Secretary to the Government of India

F.No.354/131/2003-TRU