Another Five Years of Anti-dumping Duty on Sodium Nitrite from EU

Ntfn 49         Whereas, the designated authority
11.04.2008   vide notification No. 15/6/2006(SSR)-
                     DGAD, dated the 6th March, 2007, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 6th March, 2007, had initiated review, in terms of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) and in pursuance of rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (hereinafter referred to as the said Rules), in the matter of continuation of anti-dumping duty on Sodium Nitrite (hereinafter referred to as the subject goods), falling under sub-heading 2834 10 of the First Schedule to the Customs Tariff Act 1975 (51 of 1975) , originating in, or exported from, the European Union (hereinafter referred to as the subject country), levied vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 51/2005-Customs, dated the 27th May, 2005, published in the Gazette of India Part II, Section 3, Sub-section (i) vide number G.S.R.341(E), dated the 27th May, 2005;

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 27th March, 2008 vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 44/2007 -Customs dated the 21st March, 2007, vide number G.S.R. 216(E), dated the 21st March, 2007 published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 21st March, 2007;

And whereas, in the matter of review of anti-dumping on import of the subject goods, originating in, or exported from, the subject country, the designated authority vide its final findings No. 15/6/2006(SSR) dated the 3rd March, 2008 published in the Gazette of India, Extraordinary, Part I, Section 1, dated 5th March, 2008, has come to the conclusion that-

(i)    the subject goods originating in or exported from subject country or territory have been exported to India below their normal value, resulting in dumping;

(ii)   the domestic industry has suffered material injury due to dumped imports; and

(iii)  discontinuation of antidumping duties on the subject goods from subject country or territory may result in continuance of dumping and continuance or intensification of injury to the domestic industry;

and has recommended continued imposition of definitive anti-dumping duty against the subject goods, originating in, or exported from, the subject country in order to remove injury to the domestic industry;

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) 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 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 sub-heading 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 exported from the country as specified in the corresponding entry in column (5), and produced by the producers as specified in the corresponding entry in column (6), and exported by the exporters as specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between, the amount as specified in the corresponding 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, and the landed value of such imported goods in like currency per like unit of measurement.

Table

SNo.

Sub- heading

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

2834 10

Sodium Nitrite

European Union

European Union

Any

Any

25235

MT

Rupees

2

2834 10

Sodium Nitrite

European Union

Any other than subject country

Any

Any

25235

MT

Rupees

3

2834 10

Sodium Nitrite

Any other than subject country

European Union

Any

Any

25235

MT

Rupees

2. The anti-dumping duty imposed under this notification shall be effective for a period of five years (unless revoked, superseded or amended earlier) form the date of publication of this notification in the Gazette of India.

Explanation. - For the purposes of this notification, “landed value” means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act.

[F.No.354/24/2002-TRU]