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THE CUSTOMS TARIFF ACT 1975 (Notification)
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Body Notification No. 3 /2019-Customs (CVD), F. No. 354/ 137/2019-TRU, Dated, 17th September, 2019

Whereas, in the matter of "Atrazine Technical" (hereinafter referred to as the subject goods) falling under tariff items 3808 91 99, 3808 93 90 or 380899 90 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), originating in or exported from, People's Republic of China (hereinafter referred to as the subject country), and imported into India, the Designated Authority in its final findings, published in the Gazette of India, Extraordinary, Part I, Section 1, vide notification No. 6/19/2018-DGAD, dated the 22nd August, 2019, has come to the conclusion that-

    (i) the product under consideration has been exported to India from China PR at subsidized value, thus resulting in subsidization of the product;

    (ii) the domestic industry has suffered material injury due to subsidization of the product under consideration;

    (iii) the material injury has been caused by the subsidized imports of the subject goods originating in or exported from the subject country,

and has recommended imposition of definitive countervailing duty so as to remove injury to the domestic industry.

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (6) of section 9 of the Customs Tariff Act, read with rules 20 and 22 of the Customs Tariff (Identification, Assessment and Collection of Countervailing Duty on Subsidized Articles and for Determination of Injury) Rules, 1995, the Central Government, after considering the aforesaid final findings of the Designated Authority, hereby imposes definitive countervailing duty on the subject goods, the description of which is specified in column (3) of the Table below, falling under tariff items of the First Schedule to the Customs Tariff Act as specified in the corresponding entry in column (2), originating in the countries as specified in the corresponding entry in column (4), exported by the

countries as specified in the corresponding entry in column (5), produced by the producers as specified in the corresponding entry in column (6), and imported into India, countervailing duty of an amount as specified in the corresponding entry in column (7) of the said Table, namely:-

Table

S. No. Heading/sub heading Description of goods* Country of origin Country of export Producer Duty amount as a % of CIF Value
(1) (2) (3) (4) (5) (6) (7)
1. 3808 91 99, 3808 93 90 or 3808 99 90 Atrazine Technical China PR Any other country, including China PR Any 9.52
2. 3808 91 99, 3808 93 90 or 3808 99 90 Atrazine Technical Any country other than China PR China PR Any 9.52

*The product is also known under the following names: -

6-Chloro-N-Ethyl-N'-(1-Methylethyl)-Triazme-2,4-Diamine;

2-Chloro-4-Ethylamino-6-Isopropylamine-S-Triazine;

2-Chloro-4-(Ethylamino) -6 -(Isopropylamino)-S-T riazine;

2-Chloro-4-(Ethylamino)-6-(Isopropylamino)-Triazine;

Chloro-4 -(Propylamino) -6 -Ethylamino -S -Triazine;

Chloro-4 -(Propylamino) -6 -Ethylamino -S -Triazine, etc.

2. The countervailing duty imposed under this notification shall be levied for a period of five years (unless revoked, superseded or amended earlier) from the date of publication of this notification in the Official Gazette and shall be payable in Indian currency.

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 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.

(Ruchi Bisht)

Under Secretary to the Government of India