Hexamine from Iran – Final Findings

Ntfn 58 Whereas in the matter of import
30.06.2005 of Hexa Methylene Tetramine,
commonly known as Hexamine, falling under sub-heading 2921 29 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from Iran, the designated authority vide its preliminary findings notification No.14/35/2002-DGAD dated the 23rd December, 2002, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 24th December, 2002 had come to the conclusion that –

(a) Hexamine, originating in, or exported from Iran has been exported to India below normal value, resulting in dumping;

(b) the domestic industry has suffered injury;

(c) injury has been caused by imports from Iran ;

and had recommended imposition of provisional anti-dumping duty, pending final determination, on imports of Hexamine, originating in, or exported from Iran;

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed an anti-dumping duty on the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.42/2003-Customs, dated the 17^th March,

2003, [G.S.R. 219(E), dated the 17^th March, 2003], ublished in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 17^th March, 2003;

And whereas, the designated authority, vide its notification No.14/35/2002-DGAD, dated the 17^th September, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 17^th September, 2003, had suspended the anti-dumping investigations on acceptance of price undertaking given by M/s Sina Chemical Industries Co. of Iran;

And whereas subsequently, the designated authority, vide its notification No.14/35/2002-DGAD, dated the 15^th October, 2004, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 15^th October, 2004, had cancelled the price undertaking given by M/s Sina Chemical Industries Co. of Iran and withdrawn the suspension of investigation order dated 17^th September, 2003, and recommended re-imposition of provisional anti-dumping duty, pending final determination, on imports of Hexamine, originating in, or exported from Iran, as notified vide its preliminary findings notification No.14/35/2002-DGAD dated the 23rd December, 2002;

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had reimposed provisional anti-dumping duty on the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.5/2005-Customs, dated the 27^th January, 2005, [G.S.R. 42(E), dated the 27^th January, 2005], published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 27^th January, 2005;

And whereas the designated authority vide its final findings published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 14^th April, 2005 has come to the conclusion that –

(a) Hexamine, originating in, or exported from Iran has been exported to India below normal value, resulting in dumping;

(b) the domestic industry has suffered material injury;

(c) injury has been caused by imports from Iran ;

and has recommended the imposition of definitive anti-dumping duty on all imports of Hexamine, originating in, or exported from Iran.

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 sub-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 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 the rate 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

SNo.	Sub- heading	Description of goods	Specification	Country of origin	Country of Export	Producer	Exporter	Amount	Unit of Measurement	Currency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
1.	2921 29	Hexa Methylene Tetramine, commonly known as Hexamine	Any specification	Iran	Any country	Any producer	Any exporter	107.28	Metric Tonne	US Dollar
2.	2921 29	Hexa Methylene Tetramine, commonly known as Hexamine	Any specification	Any country	Iran	Any producer	Any exporter	107.28	Metric Tonne	US Dollar

2. The anti-dumping duty imposed under this notification shall be paid in Indian currency.

3. This notification shall remain in force upto and inclusive of the 16^th March, 2009, unless the notification is revoked earlier. [Inserted by 35/14.03.2008]

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 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.