Anti-dumping
Duty on Peroxosulphates Hiked in Review – Measure
Valid for Five Years
Duty Shifted to Dollar per
MT from Rupee per KG
[Ref: Notification No. 11
/2013-Customs (ADD) dated 16 May 2013]
Whereas, the designated authority vide notification No.
15/9/2011-DGAD, dated the 13th March, 2012, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 13th March, 2012, had initiated
review in terms of sub-section (5) of section 9A of the Customs Tariff Act,
1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), read
with rule 23 of the Customs Tariff (Identification, Assessment and Collection
of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules,
1995, in the matter of continuation of anti-dumping duty on imports of Peroxosulphates (Persulphates),
falling under tariff-item 28334000 of the First Schedule to the Customs Tariff
Act (herein after referred to as the subject goods) , originating in, or
exported from the People’s Republic of China (China PR) and Japan ( hereinafter
referred to as the subject countries), imposed vide notification of the
Government of India, in the Ministry of Finance (Department of Revenue) No.
96/2007-Customs, dated the 29th August, 2007, published in the Gazette of
India, Extraordinary, Part II, Section 3, Sub-section (i), vide number
G.S.R.567 (E), dated the 29th August, 2007, read with notification of the
Government of India, in the Ministry of Finance (Department of Revenue)No.
20/2012-Customs (ADD), dated the 4th April, 2012, published in the Gazette of
India, Extraordinary, Part II, Section 3, Sub-section (i), vide number
G.S.R.287 (E), dated the 4th April, 2012;
And whereas the designated authority, in its final findings in
Sunset Review vide notification No. 15/9/2011-DGAD, dated the 12th March, 2013,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the
12th March, 2013, has come to the conclusion that-
(a) there has been continued dumping of
the subject goods from China PR and the dumping is likely to continue, if the
anti-dumping duty is allowed to cease;
(b) the subject goods are entering the Indian market at dumped
prices from China PR and the dumping margin is above de-minimis
and should the present anti-dumping duties be revoked, dumping of the subject
goods may continue causing injury to the domestic industry;
( c ) as regards the country of Japan,
considering the magnitude and price of Japan’s exports of subject goods world
over, in the event of revocation of antidumping duty, the subject goods are
likely to be dumped in India causing injury to the domestic industry,
and has recommended continued imposition
of definitive anti-dumping duty on such rates on imports of the subject goods
originating in, or exported from, the subject countries, as specified in the
Table therein.
Now, therefore, in exercise of the powers
conferred by sub-section (1), and sub-section (5) of section 9A of the Customs
Tariff Act, read with rules 18 and 23 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 and recommendation of the designated authority, hereby
imposes on the goods, the description of which is specified in column (3) of
the following Table, specification of which is specified in column (4) of the
said Table, falling under Tariff-item of the First Schedule to the Customs
Tariff Act as specified in the corresponding entry in column (2),originating in
the country specified in the corresponding entry in column (5), exported from
the country specified in the corresponding entry in column (6), produced by the
producer specified in the corresponding entry in column (7), exported by the
exporter specified in the corresponding entry in column (8), and imported into
India, an anti-dumping duty at the rate equal to 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 aforesaid Table, namely:-
|
Table |
||||||||||
|
S. No. |
Tariff-item |
Description of goods |
Specification |
Country of origin |
Country of exports |
Producer |
Exporter |
Duty amount |
Unit |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
|
1. |
2833 40 00 |
Peroxosulphates or Persulphates |
Ammonium Persulphates, Potassium Persulphates or Sodium Persulphates
|
China PR |
China PR |
R Any |
Any |
420 |
MT |
US $ |
|
2 |
2833 40 00 |
Peroxosulphates or Persulphates |
Ammonium Persulphates, Potassium Persulphates or Sodium Persulphates
|
China PR |
Any |
Any |
Any |
420 |
MT |
US $ |
|
3 |
2833 40 00 |
Peroxosulphates or Persulphates |
Ammonium Persulphates, Potassium Persulphates or Sodium Persulphates
|
Any |
China PR |
Any |
Any |
420 |
MT |
US $ |
|
4 |
2833 40 00 |
Peroxosulphates or Persulphates |
Ammonium Persulphates, Potassium Persulphates or Sodium Persulphates
|
Japan |
Japan |
Any |
Any |
822 |
MT |
US $ |
|
5 |
2833 40 00 |
Peroxosulphates or Persulphates |
Ammonium Persulphates, Potassium Persulphates or Sodium Persulphates
|
Japan |
Any |
Any |
Any |
822 |
MT |
US $ |
|
6 |
2833 40 00 |
Peroxosulphates or Persulphates |
Ammonium Persulphates, Potassium Persulphates or Sodium Persulphates
|
Any |
Japan |
Any |
Any |
822 |
MT |
US $ |
2. The anti-dumping duty imposed under this notification shall be
effective for a period of five years (unless revoked, amended and superseded
earlier) from the date of publication of this notification in the Official
Gazette.
3. The anti-dumping duty imposed under this notification 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.354/32/2007-TRU
(Pt-I)]