Another Five Years of Anti-dumping Duty on Sodium Hydrosulphite from
China – Duty Raised in Sunset Review
[Customs
Notification No. 55 (ADD) dated 14th December 2012]
Whereas, the designated authority vide notification No. 15/34/2010-DGAD,
dated the 14th October, 2011, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 14th October, 2011, had
initiated review 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, in the matter of continuation of anti-dumping duty on
imports of Sodium Hydrosulphite, falling under headings 2831 and 2832 of the
First Schedule to 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. 108/2006-Customs, dated the 16th
October, 2006, published in the Gazette of India, Extraordinary, Part
II, Section 3, Sub-section (i), vide number G.S.R.641 (E), dated the 16th October, 2006, read
with notification of the Government of India, in the Ministry of Finance
(Department of Revenue)No. 133/2009-Customs,
dated the 9th December, 2009, published in the Gazette of
India, Extraordinary, Part II, Section 3, Sub-section (i), vide number
G.S.R.870 (E), dated the 9th
December, 2009;
And whereas the designated authority, in its
final findings in Sunset Review vide notification No. 15/34/2010-DGAD,
dated the 3rd October, 2012, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 3rd October,2012, has
come to the conclusion that-
(i) the subject goods entered the Indian market at prices below normal value, resulting
in continued dumping;
(ii) the subject goods are likely to enter the Indian market in increased volumes at dumped prices if the anti-dumping duty in force is allowed to cease. The dumping is likely to
continue and intensify in the event of
cessation of anti
dumping duty;
(iii) the domestic industry has
suffered continued
injury;
(iv) the domestic industry is likely to suffer continued injury and its performance is likely to
deteriorate further,
should the existing anti dumping duties
be allowed to cease;
(v) cessation of
the present duty is likely to
lead
to continuation of dumping and
injury;
(vi) thus the anti dumping duties are required to be extended
and modified;
and has recommended continued imposition of definitive anti-dumping duty
on modified rates on imports of the subject goods originating in, or exported
from, the subject country.
Now, therefore, in exercise of the powers conferred by sub-section (1),
read with sub-section (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, on the basis of the aforesaid findings and
recommendation of the designated authority, hereby imposes anti- dumping duty
on the goods, the description of which is specified in column (3) of the
following Table, specification of which is specified in column (4) of the said
Table, falling under headings of the First Schedule to the Customs Tariff Act
as specified in the corresponding entry in column (2),originating in the
country specified in the corresponding entry in column (5), exported from the
country specified in the corresponding entry in column (6), produced by the producer
specified in the corresponding entry in column (7), exported by the exporter
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 per unit of measurement as specified in
the corresponding entry in column (10) of the aforesaid Table, namely:-
|
Table |
||||||||||
|
SNo. |
Headings |
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. |
2831, 2832 |
Sodium Hydrosulphite |
All Grades |
People’s Republic of China |
Any |
Any |
Any |
435.39 |
Metric Tonne |
US Dollar |
|
2. |
2831, 2832 |
Sodium Hydrosulphite |
All Grades |
Any |
People’s Republic of China |
Any |
Any |
435.39 |
Metric Tonne |
US Dollar |
2. The anti-dumping duty imposed
under this notification shall be effective for a period of five years (unless
revoked, amended and superseded earlier) from the date of publication of this
notification in the Official Gazette, and shall be payable 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.354/6/2001-TRU
(Pt-III)]