Another Five Years for Anti-dumping Duty
on Zinc Oxide from China in Review
[Customs Notification No. 21 (ADD) dated 6th
September 2013]
Whereas, the designated authority, vide its
notification No. 15/4/2011-DGAD, dated the 2nd May, 2012, published in
Part I, Section I of the Gazette of India, Extraordinary, dated the 2nd
May, 2012, had initiated a review in the matter of continuation of anti-dumping
on imports of Zinc Oxide (hereinafter referred to as the subject goods) falling
under tariff items 2817 0010 or 3812
3030 of the First Schedule to the
Customs Tariff Act 1975, (51 of 1975), originating in, or exported from, the
Peoples Republic of China (hereinafter referred to as the subject country),
imposed vide notification of Government of India, in the Ministry of Finance
(Department of Revenue), No. 64/2007 dated the 7th May, 2007 published in Part II, Section 3, Sub-section
(i) of the Gazette of India, Extraordinary, vide G.S.R. No. 329 (E),
dated the 7th May, 2007.
And whereas, the Central Government had extended
the anti-dumping duty on the subject goods, originating in, or exported from,
the subject country up to and inclusive of the 6th of May, 2013 vide
notification of the Government of India, in the Ministry of Finance (Department
of Revenue), No. 27/2012 –Customs (ADD) dated the 18th May, 2012,
published in Part II, Section 3, Sub-section (i) of the Gazette of India,
Extraordinary, vide G.S.R No. 374(E), dated the 18th May, 2012.
And whereas, in the matter of review of
anti-dumping on import of the subject goods, originating in, or exported from
the subject country, the designated authority vide its final findings,
No. 15/4/2011-DGAD dated the 25th June, 2013, published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 25th
June, 2013, has come to the conclusion that –
(i) the subject goods are likely to enter the
Indian market at dumped prices, should the present measures be withdrawn;
(ii) even though the domestic industry has improved
its performance over the injury period, the injury to domestic industry may
occur, should the present anti-dumping duties are withdrawn;
(iii) continuation of the antidumping duty is
necessary against subject goods
originating in or exported from China ;
and has recommended continued imposition of the
anti-dumping duty against the subject goods, originating in, or exported from,
the subject country ;
Now, therefore, in exercise of the powers conferred
by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975 (51
of 1975) 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, after considering
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 tariff heading of the First Schedule to the said Customs
Tariff Act as specified in the corresponding entry in column (2), originating
in the country as specified in the corresponding entry in column (4), and exported from the countries as specified
in the corresponding entry in column (5), and produced by the producers as specified
in the corresponding entry in column (6), and exported by the exporters as
specified in the corresponding entry in column (7), and imported into India, an
anti-dumping duty at a rate which is 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 per unit of measurement as
specified in the corresponding entry in column (9) of the said Table.
|
Table |
|||||||||
|
SNo. |
Tariff items |
Description of goods |
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit of measurement |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
10 |
|
1 |
2817 00 10 or 3812 30 30 |
Zinc Oxide all Grades 99.5% purity |
People’s Republic of China |
People’s Republic of China |
Any |
Any |
430.93 |
MT |
USD |
|
2 |
2817 00 10 or 3812 30 30 |
Zinc Oxide all Grades 99.5% purity |
People’s Republic of China |
Any country other than People’s Republic of
China |
Any |
Any |
430.93 |
MT |
USD |
|
3 |
2817 00 10 or 3812 30 30 |
Zinc Oxide all Grades 99.5% purity |
Any country other than People’s Republic of
China |
People’s Republic of China |
Any |
Any |
430.93 |
MT |
USD |
2. The rate of anti-dumping duty for Zinc Oxide
of all grades of purity other than 99.5% shall be worked out on pro-rata basis.
3. 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 publication of this notification in the Official Gazette. The anti-dumping
duty shall be paid 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, under 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.354/30/2001-TRU (Pt-III)]