Another Five Years of Anti-dumping Duty on Sulphur Black from China in
Review
[Customs
Notification No. 41 (ADD) dated 18th September 2014]
Whereas, the
designated authority, vide notification No. 15/18/2012-DGAD, dated the
4th April, 2013, published in the Gazette of India, Extraordinary, Part I,
Section 1, had initiated a review in the matter of continuation of anti-dumping
duty on imports of Sulphur Black (hereinafter referred to as the subject goods)
falling under heading 3204 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 People’s Republic of China (hereinafter referred to as
the subject country), imposed vide notification of the Government of
India, in the Ministry of Finance (Department of Revenue), No. 127/2008-Customs,
dated the 3rd December, 2008, published in the Gazette of India, Extraordinary,
Part II, Section 3, Sub-section (i) vide number G.S.R. 831(E), dated the
3rd December, 2008;
And whereas, the
Central Government had extended the anti-dumping duty on the subject goods,
originating in or exported from the subject country upto
and inclusive of the 10th April, 2014 vide notification of the
Government of India, in the Ministry of Finance (Department of Revenue), No. 5/2013-CUSTOMS
(ADD), dated the 10th April, 2013, published in Part II, Section 3, Sub-section
(i) of the Gazette of India, Extraordinary vide number G.S.R
215(E), dated the 10th April, 2013;
And whereas, in
the matter of review of anti-dumping duty on import of the subject goods,
originating in or exported from the subject country, the designated authority in
its final findings, published vide notification No. 15/18/2012-DGAD,
dated the 3rd July, 2014, in Part I, Section 1 of the Gazette of India,
Extraordinary, has come to the conclusion that-
i. the subject goods are entering the Indian
market at dumped prices and the dumping margin is above de-minimis
and significant;
ii. the dumped imports
continue to cause injury to the domestic industry;
iii. dumping of the
subject goods is likely to intensify from the subject country if no
anti-dumping duty is imposed,
and has recommended
imposition of the anti-dumping duty on 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, 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, specification of which is mentioned in column
(4), falling under heading 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 (5), exported from
the countries as specified in the corresponding entry in column (6), produced
by the producers as specified in the corresponding entry in column (7),
exported by the exporters as 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 as per unit of measurement as
specified in the corresponding entry in column (10) of the said Table, namely:-
|
Table |
||||||||||
|
Sl.No. |
Heading |
Description of goods |
Specification |
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
|
1 |
3204 |
Sulphur Black |
In all forms and
strength |
People’s Republic of China |
People’s Republic of China |
Any |
Any |
766 |
MT |
US Dollar |
|
2 |
3204 |
Sulphur Black |
In all forms and strength |
People’s Republic of China |
Any country other
than People’s Republic of China |
Any |
Any |
766 |
MT |
US Dollar |
|
3 |
3204 |
Sulphur Black |
In all forms and strength |
Any country other
than People’s Republic of China |
People’s Republic of China |
Any |
Any |
766 |
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 publication of this
notification in the Official Gazette and 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, 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. 354/39/2008-TRU (Pt.-I)]