Saccharin from China – Final Findings

Ntfn 41         Whereas, in the matter of import of
19.03.2007   Saccharin (hereinafter referred to as
(DoR)           the subject goods), falling under the
                     Tariff item 2925 11 00 of the First

Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the said Customs Tariff Act), originating in or exported from the People’s Republic of China, (hereinafter referred to as the subject country), the designated authority in its preliminary findings vide notification   No.14/27/2004 -DGAD, dated the 1st April, 2006, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 1st April, 2006, had come to the conclusion that–

(i)          the subject goods had been exported to India from the subject country below its normal value;

(ii)         the domestic industry had suffered material injury;

(iii)        the injury had been caused by the dumped imports from subject country;

and had  recommended imposition of provisional anti-dumping duty on the imports of subject goods, originating in or exported from the subject country.

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed provisional anti-dumping duty on the subject goods, vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.54/2006–Customs, dated the 6th June, 2006, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 6th June, 2006 vide G.S.R. No. 342(E), dated the 6th June, 2006;

And whereas, the designated authority in its final findings vide notification No.14/27/2004 -DGAD, dated the 3rd January, 2007, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3rd January, 2007, subsequently amended vide notification No.14/27/2004-DGAD, dated the 12th February, 2007, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 13th February, 2007, has come to the conclusion that-

(a)         the subject goods have been exported to India from the subject country below its normal value;

(b)         the domestic industry has suffered material injury;

(c)         the injury has been caused by the dumped imports from subject country;

and has recommended the imposition of definitive anti-dumping duty 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) of section 9A of the said Customs Tariff Act, read with sub-section (5) of the said section 9A and 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, on the basis of the aforesaid final findings of the desig-nated authority and the subsequent amend-ment thereto, hereby imposes on the subject goods, the description of which is specified in column (3) of the Table below, falling under tariff item of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2),  originating in the country as specified in the corresponding entry in column (4), and produced by the producers as specified in the corresponding entry in column (6), when exported from the country as specified in the corresponding entry in column (5), by the exporters as specified in the corres-ponding entry in column (7), and imported into India, an anti-dumping duty at the rate equal to the amount indicated in the corres-ponding entry in column (8), in the currency as specified in the corresponding entry in column (10) and per unit of measurement as specified in the corresponding entry in column (9), of the said Table. 

Table

Sl.No

Tariff item

Description of goods

Country of origin

Country of Export

Producer

Exporter

Amount

Unit of measure- ment

Currency

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

1.

2925 11 00

Saccharin

People’s Republic of China

People’s Republic of China

Shanghai Fortune Chemicals Co. Ltd., China

Majestic International Trading Co.Ltd

717.21

MT

USD

2.

2925 11 00

Saccharin

People’s Republic of China

People’s Republic of China

Shanghai Fortune Chemicals Co. Ltd., China

Any other than above

807.77

MT

USD

3.

2925 11 00

Saccharin

People’s Republic of China

People’s Republic of China

Kaifeng Xinghua Fine Chemical Factory

Any

1093.28

MT

USD

4.

2925 11 00

Saccharin

People’s Republic of China

People’s Republic of China

Tianjia Changjie Chemical Co. Ltd.

Any

1127.67

MT

USD

5.

2925 11 00

Saccharin

People’s Republic of China

People’s Republic of China

Any other than above

Any

2151.33

MT

USD

6.

2925 11 00

Saccharin

People’s Republic of China

Any country other than People’s Republic of China

Any

Any

2151.33

MT

USD

7.

2925 11 00

Saccharin

Any country other than People’s Republic of China

People’s Republic of China

Any

Any

2151.33

MT

USD

2.    The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, that is, the 6th June, 2006, and shall be paid in Indian currency.

Explanation. - For the purposes of this notification, “rate of exchange” applicable for the purposes of calculation of anti-dumping duty shall be the rate which is specified in the notification of the Govern-ment of India in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers under sub-clause (i) of clause (a) of sub-section (3) of section 14 of the Customs Act, 1962 (52 of 1962) and the relevant date for 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.