Anti-dumping Duty on Soda Ash from China, EU, USA and others Extended upto 2 July 2018 on Account of Court Stay – No Cases for Continuation of Duty in Mid Term Review – High Court Stay Stops Execution of Review Findings

[Customs Notification No. 33 (ADD) dated 30^th June 2017]

Whereas, the designated authority vide notification No.15/28/2014-DGAD, dated the 21st July, 2015, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 21st July, 2015, had initiated mid-term review investigation 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 (hereinafter referred to as the Anti-dumping Rules) in the matter of continuation of anti-dumping duty on imports of Soda Ash (hereinafter referred to as the subject goods), falling under sub-heading 2836 20 of the First Schedule to the Customs Tariff Act, originating in, or exported from, People’s Republic of China, European Union, Kenya, Pakistan, Iran, Ukraine and United States of America (hereinafter referred to as the subject countries), imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No.34/2012-Customs (ADD), dated the 3rd July, 2012, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.528(E), dated the 3rd July, 2012;

And, whereas, the designated authority, in its final findings in mid-term review (hereinafter referred to as the final findings) vide notification No.15/28/2014-DGAD, dated the 23rd September, 2016, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 23rd September, 2016, has come to the conclusion that-

(i) although dumping has continued despite the anti-dumping duties in force and the dumping of subject goods from the subject countries is positive during the Period of Investigation (hereinafter referred to as POI), the adverse impact of the same on the volume, prices and profitability of the domestic industry is absent during the POI as well as post-POI;

(ii) both undercutting and underselling are negative during POI as well as post-POI;

(iii) the injury margin is negative during POI as well as post-POI;

(iv) the likely injury margin, on the basis prices of third country exports by the subject countries during the POI are also negative;

(v) price suppression and price depression effects are absent;

(vi) all most all volume parameters and price parameters of the domestic industry are positive during POI and post-POI and there is a remarkable improvement of lasting nature in the performance of the domestic industry;

(vii) although dumping continues, neither it has caused injury to the domestic industry, nor is there any likelihood of causing injury in the event of revocation of the anti-dumping duties,

and had recommended revocation of the anti-dumping duties imposed on the imports of the subject goods, originating in or exported from the subject countries;

And whereas, the said final findings dated the 23rd September, 2016 were challenged in the Hon’ble High Court of Gujarat in Special Civil Applications No.16426 of 2016 and 16428 of 2016 and the High Court vide it’s order dated the 13th December, 2016 had held that in case, pursuant to the impugned final findings recorded by the designated authority, the Central Government published a notification in the Official Gazette under rule 18 of the Anti-dumping Rules, the same shall not be acted upon till the final disposal of these petitions.

And whereas, the Central Government had rescinded the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.34/2012-Customs (ADD), dated the 3rd July, 2012, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 528(E), dated the 3rd July, 2012, vide rescinding notification No.55/2016-Customs (ADD), dated 21st December 2016 and the operation of the said rescinding notification was kept in abeyance subject to the final order of the Hon’ble Court of Gujarat in Special Civil Applications No. 16426 of 2016 and 16428 of 2016.

Whereas, the designated authority vide notification No.7/5/2017-DGAD dated the 16th June, 2017, published in the Gazette of India, Extraordinary, Part I, Section 1 dated the 16th June, 2017, has initiated review in terms of sub-section (5) of section 9A of the Customs Tariff Act and in pursuance of rule 23 of the Anti-dumping Rules, in the matter of continuation of anti-dumping duty on imports of the subject goods originating in, or exported from, the subject countries imposed vide the notification of the Government of India, in the Ministry of Finance (Department of Revenue) No.34/2012-Customs (ADD), dated the 3rd July, 2012, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.528(E), dated the 3rd July, 2012, and has recommended for extension of anti-dumping duty, in terms of sub-section (5) of section 9A of the said Customs Tariff Act;

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 Anti-dumping Rules, the Central Government hereby makes the following amendment in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 34/2012-Customs (ADD), dated the 3rd July, 2012, published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (i) vide number G.S.R. 528 (E), dated the 3rd July, 2012, namely: -

In the said notification, in paragraph 2 and before the explanation, the following shall be added, namely:-

3. “Subject to the final decision of the Hon’ble High court of Gujarat in Special Civil Applications No.16426 of 2016 and 16428 of 2016, this notification, unless revoked earlier, shall remain in force up to and inclusive of the 2nd July, 2018”.

[F.No.354/198/2011–TRU (Pt.-1)]