Caustic Soda from China
and Korea – Anti-dumping Duty Cut in Review
[Customs Notification No. 42 (ADD) dated 18th August 2015]
Whereas, the designated authority, vide notification No. 15/23/2013-DGAD,
dated the 19th December, 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 Caustic Soda (hereinafter
referred to as the subject goods) falling under Chapter 28 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 People’s Republic
of China, imposed vide notification of the Government of India, in the
Ministry of Finance (Department of Revenue) No. 137/2008-Customs, dated the
26th December, 2008, published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i), vide number G.S.R. 889(E), dated the 26th
December, 2008 and originating in or exported from Korea RP imposed vide notification
of the Government of India, in the Ministry of Finance (Department of Revenue)
No. 95/2011-Customs dated the 3rd October, 2011 published in the Gazette of
India, Extraordinary, Part II, Section 3, Sub-section (i), vide number
G.S.R. 739(E),dated the 3rd October, 2011;
And whereas, the Central Government had extended the anti-dumping duty on
the subject goods, originating in or exported from People’s Republic of China
up to and inclusive of the 25th December, 2014, vide
notification of the Government of India, in the Ministry of Finance (Department
of Revenue) No.03/2014-Customs (ADD), dated the 16th January, 2014, published
in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide
number G.S.R 23(E), dated the 16th January, 2014;
And whereas, the Central Government had extended the anti-dumping duty on
the subject goods, originating in or exported from Korea RP up to and inclusive
of the 25th December, 2014, vide notification of the
Government of India, in the Ministry of Finance (Department of Revenue)
No.04/2014-Customs (ADD), dated the 16th January, 2014, published in
Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide
number G.S.R 24(E), dated the 16th January, 2014;
And whereas, in the matter of review of anti-dumping duty on import of the
subject goods, originating in or exported from People’s Republic of China and
Korea RP (hereinafter referred to as the subject countries), the designated
authority in its final findings, published vide notification No.
15/23/2013-DGAD, dated the 18th June, 2015, in the Gazette of India,
Extraordinary, Part I, Section 1, has come to the conclusion that-
(i) subject goods continue to be
exported by non-cooperative producers and exporters from the subject countries
to India below their normal value resulting in dumping and injury;
(ii) both dumping margin and
injury margin are significant and positive, in respect of non-cooperative
producers and exporters from the subject countries, implying likelihood of
intensified dumping and consequent injury to the domestic industry;
(iii) the anti-dumping duty on the
subject goods originating in or exported from the non-cooperative producers and
exporters from the subject countries to India is required to be continued with
some modifications,
and has recommended imposition of the anti-dumping duty on 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 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 specified
in column (4), falling under sub-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), 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 |
||||||||||
|
S. No. |
Sub-heading |
Description of goods |
Specification |
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit of measurement |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
|
1. |
2815 11 and 2815 12 |
Caustic Soda |
Any grade |
Korea RP |
Korea RP |
M/s Hanwha Chemical
Corporation |
Tricon Energy Limited,
USA |
Nil |
Dry Metric Tonne |
US Dollar |
|
2. |
2815 11 and 2815 12 |
Caustic Soda |
Any grade |
Korea RP |
Korea RP |
Any combination other
than S. No. 1 above. |
21.90 |
Dry Metric Tonne |
US Dollar |
|
|
3. |
2815 11 and 2815 12 |
Caustic Soda |
Any grade |
Korea RP |
Any country other than Korea RP |
Any Producer |
Any Exporter |
21.90 |
Dry Metric Tonne |
US Dollar |
|
4. |
2815 11 and 2815 12 |
Caustic Soda |
Any grade |
Any country other than
subject countries and countries attracting anti-dumping duties. |
Korea RP |
Any Producer |
Any Exporter |
21.90 |
Dry Metric Tonne |
US Dollar |
|
5. |
2815 11 and 2815 12 |
Caustic Soda |
Any grade |
People’s
Republic of China |
People’s
Republic of China |
M/s Shanghai
Chlor-Alkali Chemical Co. Ltd |
Tricon Overseas Inc.,
USA |
Nil |
Dry Metric Tonne |
US Dollar |
|
6. |
2815 11 and 2815 12 |
Caustic Soda |
Any grade |
People’s
Republic of China |
People’s
Republic of China |
M/s Tianjin Dagu
Chemical Company Limited |
Tricon Energy Ltd, USA |
Nil |
Dry Metric Tonne |
US Dollar |
|
7. |
2815 11 and 2815 12 |
Caustic Soda |
Any grade |
People’s
Republic of China |
People’s
Republic of China |
M/s Tianjin Dagu
Chemical Company Limited |
Tricon Overseas Inc.,
USA |
Nil |
Dry Metric Tonne |
US Dollar |
|
8. |
2815 11 and 2815 12 |
Caustic Soda |
Any grade |
People’s
Republic of China |
People’s
Republic of China |
Any combination other
than S. No. 5, 6 and 7 above. |
48.39 |
Dry Metric Tonne |
US Dollar |
|
|
9. |
2815 11 and 2815 12 |
Caustic Soda |
Any grade |
People’s
Republic of China |
Any country other than
People’s Republic of China |
Any Producer |
Any Exporter |
48.39 |
Dry Metric Tonne |
US Dollar |
|
10. |
2815 11 and 2815 12 |
Caustic Soda |
Any grade |
Any country other than
subject countries and countries attracting anti-dumping duties. |
People’s Republic of China |
Any Producer |
Any Exporter |
48.39 |
Dry Metric Tonne |
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 purpose 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.354/92/2011-TRU]