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March 2010 - Corporate & Commercial. Legal Developments by Seth Dua & Associates.

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Certain important and recent legal developments in this area are set out below.

Anti Dumping Duties

Certain important and recent legal developments in this area are set out below.

Anti Dumping Duties

 

S. No.

 

Product

 

Rate

 

Country of origin

 

Effective date

 

1

 

Plain Medium Density Fibre Board of thickness 6 mm and above

US $ 391.79 per cubic meter

Thailand, even if exported from any other country

Effective since date of imposition of provisional duty (Feb 27, 2009)

Originated in any other country but if exported from Thailand

US $ 352.23 per cubic meter

 

Sri Lanka, even if exported from any other country

Originated in any other country but if exported from Sri Lanka

US $ 347.99 per cubic meter

Malaysia, even if exported from any other country

Originated in any other country but if exported from Malaysia

US $ 395.52 per cubic meter

China, even if exported from any other country

Originated in any other country but if exported from China

2

 

Phosphorus Pentachloride (PCL5)

US $ 0.638 per Kg.

China, even if exported from any other country

Effective till April 15, 2010

Originated in any other country but if exported from China

3

Nylon Tyre Cord Fabric

US $ 0.77 per Kg

Belarus but exported from Singapore

For a period of five years from the date of imposition of provisional duty (April 29, 2009)

US $ 0.92 per Kg

Belarus, even if exported from any other country

Originated in any other country but exported from Belarus

4

 

All Fully Drawn or Fully Oriented Yarn/Spin Draw Yarn/Flat Yarn of Polyester (non-textured and non –POY)

 

US $ 547 per metric tonne

China, even if exported from any other country

For a period of five years from the date of imposition of provisional duty (March 26, 2009)

 

Originated in any other country but exported from China

US $ 350 per metric tone

Vietnam, even if exported from any other country

Originated in any other country but exported from Vietnam

US $ 490 per metric tonne

Thailand, even if exported from any other country

Originated in any other country but exported from Thailand

5

Colour Television Picture Tubes

US $ 21.76 per piece for 14”

Indonesia

Effective from March 27, 2009 (the date on which provisional anti dumping duty was levied)

Any other Country than Korea, China, Malaysia and Thailand but is exported from Indonesia

US $ 32.16 per piece for 20”

Indonesia

Any other Country than Korea, China, Malaysia and Thailand but is exported from Indonesia

US $ 42.93 per piece for 21”

Indonesia

Any other Country than Korea, China, Malaysia and Thailand but is exported from Indonesia

US $ 31.38 per piece for 15”

Indonesia

Any other Country than Korea, China, Malaysia and Thailand but is exported from Indonesia

US $ 92.06 per piece for 29”

Indonesia

Any other Country than Korea, China, Malaysia and Thailand but is exported from Indonesia

6

Saccharin

US $ 3.99 per Kg.

China, even if exported from any other country

Effective till June 05, 2011

 

Originated in any other country but exported from China

7

Phosphoric Acid

US $ 221.64 per metric tone

Korea, even if exported from any other country

For a period of five years from the date of imposition of provisional duty (June 22, 2009)

 

Originated in any other country but exported from Korea

8

Flax fabric

INR 206.24 per meter

China, even if exported from any other country

For a period of five years from the date of imposition of provisional duty (March 26, 2009)

 

Originated in any other country but exported from China

INR 209.72 per meter

Hong Kong, even if exported from any other country

Originated in any other country but exported from Hong Kong

9

Sodium Nitrite

 

US $ 617.42 per metric tonne

China, even if exported from any other country

Effective till January 16, 2011

 

Originated in any other country but exported from China

Additionally, anti-dumping duty has also been levied on import of following goods:

 

 a)     Acrylic Fibre from Japan, extended till June 20, 2010;

 

b)    Complete Synchronous Digital Hierarchy (SDH) equipment including in CKD / SKD and including its parts and components which have a dedicated use for the equipment; and

 

c)     Sodium Hydroxide from any country;

 

d)    Poly Vinyl Chloride Paste Resin extended up to July 06, 2010 from European Union (provisional duty);

 

e)     Propylene Glycol from United State of America, Singapore, Republic of Korea and European Union till July 07, 2010;

 

f)     Styrene Butadiene Rubber from Japan, Korea RP and United States of America extended till June 27, 2010.

 

Safeguard Duty

 

Safeguard duty has been levied on the following goods:

 

a)    Soda ash at the rate of 20 per cent ad valorem from the date of imposition of provisional duty i.e. April 20, 2009 till April 19, 2010;

 

b)    Caustic soda Iye at the rate of 15 per cent ad valorem except when imported from developing countries as mentioned in the relevant act save China, Indonesia, Qatar, Saudi Arabia and Thailand.

 

Authors:
Atul Dua (e-mail: atul.dua@sethdua.com) is a Senior Partner with Seth Dua & Associates, Solicitors & Advocates, India.

 

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