Anti-dumping Duty on Sodium Nitrate from EU, China, Korea and Ukraine Extended by Five Years

[Customs Notification No. 03 (ADD) dated 10^th February 2015]

Whereas, in the matter of “Sodium Nitrate” (hereinafter referred to as the subject goods), falling under Chapter 28 or 31 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, the European Union, the People’s Republic of China, Ukraine and Korea RP (hereinafter referred to as the subject countries) and imported into India, the designated authority in its preliminary findings vide notification No. 15/1009/2012-DGAD, dated the 6th January, 2014, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7^thJanuary, 2014, had recommended imposition of provisional anti-dumping duty on the imports of subject goods, originating in, or exported from the subject countries;

And, whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed provisional anti-dumping duty on the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 14/2014-Customs (ADD), dated the 19th March, 2014, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 194 (E), dated the 19th March, 2014;

And, whereas, the designated authority in its final findings vide notification No.15/1009/2012-DGAD, dated the 12^thNovember, 2014, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 13^thNovember, 2014, has come to the conclusion that-

(a) the subject goods have been exported to India from the subject countries below its normal value thus resulting in the dumping of the product;

(b) the domestic industry has suffered material injury in respect of the subject goods;

and has recommended the imposition of definitive anti-dumping duty on imports of the subject goods originating in, or exported from the subject countries.

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, read with 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 subject goods, the description of which is specified in column (3) of the Table below, falling under heading/tariff item 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 from the countries as specified in the corresponding entry in column (5), produced by the producers as specified in the corresponding entry in column (6), exported by the exporters as specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at the rate equal to the amount as specified in the corresponding entry in column (8), in the currency as specified in the corresponding entry in column (10) and as per unit of measurement as specified in the corresponding entry in column (9), of the said Table, namely :-

Table
Sl.No.	Heading, Tariff Item	Description of goods	Country of origin	Country of export	Producer	Exporter	Amount	Unit	Currency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)
1	2834, 3102 50 00	Sodium Nitrate	People’s Republic of China	People’s Republic of China	Any	Any	137.35	MT	US Dollar
2	2834, 3102 50 00	Sodium Nitrate	People’s Republic of China	Any	Any	Any	137.35	MT	US Dollar
3	2834, 3102 50 00	Sodium Nitrate	Any country other than the subject countries	People’s Republic of China	Any	Any	137.35	MT	US Dollar
4	2834, 3102 50 00	Sodium Nitrate	European Union	European Union	Any	Any	171.79	MT	US Dollar
5	2834, 3102 50 00	Sodium Nitrate	European Union	Any	Any	Any	171.79	MT	US Dollar
6	2834, 3102 50 00	Sodium Nitrate	Any country other than the subject countries	European Union	Any	Any	171.79	MT	US Dollar
7	2834, 3102 50 00	Sodium Nitrate	Ukraine	Ukraine	Any	Any	157.91	MT	US Dollar
8	2834, 3102 50 00	Sodium Nitrate	Ukraine	Any	Any	Any	157.91	MT	US Dollar
9	2834, 3102 50 00	Sodium Nitrate	Any country other than the subject countries	Ukraine	Any	Any	157.91	MT	US Dollar
10	2834, 3102 50 00	Sodium Nitrate	Korea RP	Korea RP	Any	Any	117.20	MT	US Dollar
11	2834, 3102 50 00	Sodium Nitrate	Korea RP	Any	Any	Any	117.20	MT	US Dollar
12	2834, 3102 50 00	Sodium Nitrate	Any country other than the subject countries	Korea RP	Any	Any	117.20	MT	US Dollar

2. The anti-dumping duty imposed under this notification shall be effective for a period of five years (unless revoked, superseded or amended earlier) from the date of imposition of the provisional anti-dumping duty, that is, the 19th March, 2014 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.

[F.No.354/39/2014-TRU]