Carbon Black from China, Russia – Anti-dumping Duty to Continue for Next Five Years

Thailand Out of Carbon Black Anti-dumping after Review

[Ref: Notification No. 54/2015-Customs (ADD) dated 18.11.2015]

Whereas, the designated authority, vide notification No. 15/8/2014-DGAD, dated the 15th July, 2014, 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 “Carbon Black used in rubber applications” (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, Russia and Thailand (hereinafter referred to as the subject countries) imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No.9/2013-Customs(ADD), dated the 26th April, 2013, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 275(E), dated the 26th April, 2013;

And whereas, the Central Government had extended the anti-dumping duty on the subject goods, originating in or exported from the subject countries up to and inclusive of the 29^th July, 2015, vide notification of the Government of India, in the Ministry of Finance (Department of Revenue) No.31/2014-Customs (ADD), dated the 23rd July, 2014, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, vide number G.S.R 526(E), dated the 23^rd July, 2014;

And whereas, in the matter of review of anti-dumping duty on import of the subject goods, originating in or exported from the subject countries, the designated authority in its final findings, published vide notification No. 15/8/2014-DGAD, dated the 1st October, 2015, in the Gazette of India, Extraordinary, Part I, Section 1, has come to the conclusion that-

(i) there is continued dumping of the subject goods from People’s Republic of China and Russia;

(ii) dumping of the subject goods from People’s Republic of China and Russia is likely to intensify should the current anti-dumping duty be revoked;

(iii) the anti-dumping duty on import of subject goods from Thailand is required to be revoked,

and has recommended imposition of the anti-dumping duty on the subject goods, originating in or exported from People’s Republic of China and Russia.

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 20 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 the tariff item 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 (4), exported from the countries as specified in the corresponding entry in column (5), produced by the producers as specified in the corresponding entry in column (6), exported by the exporters as specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at the rate 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 as per unit of measurement as specified in the corresponding entry in column (9) of the said Table, namely:-

Table

Sl. No.	Tariff item	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	2803 00 10	Carbon Black used in rubber applications	People’s Republic of China	People’s Republic of China	(i) Wuhai Black Cat Carbon Black Co., Ltd	Jiangxi Black Cat Carbon Black Co. Ltd	397.10	Metric Tonne	US Dollar
					(ii) Handan Black Cat Carbon Black Co. Ltd
					(iii) Chaoyang Black Cat Carbon Black Inc., Ltd
					(iv) Hancheng Black Cat Carbon Black Co., Ltd
					(v) Tangshan Black Cat Carbon Black Inc. Ltd
					(vi) Taiyuan Black Cat Carbon Black Co., Ltd
2	2803 00 10	Carbon Black used in rubber applications	People’s Republic of China	Any	Any	Any	494.00	Metric Tonne	US Dollar
3	2803 00 10	Carbon Black used in rubber applications	Any	People’s Republic of China	Any	Any	494.00	Metric Tonne	US Dollar
4	2803 00 10	Carbon Black used in rubber applications	Russia	Russia	Any	Any	36.17	Metric Tonne	US Dollar
5	2803 00 10	Carbon Black used in rubber applications	Russia	Any	Any	Any	36.17	Metric Tonne	US Dollar
6	2803 00 10	Carbon Black used in rubber applications	Any	Russia	Any	Any	36.17	Metric Tonne	US Dollar

*Note: Thermal Black and Carbon Black grade meant for semi conductive compound applications are excluded from the scope of the product under consideration.

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.354/130/2009-TRU (Pt.-I)]