Another Five Years Impost for White Cement from UAE and Iran

Ntfn 56         Whereas, the designated authority,
12.04.2007   vide its notification No. 15/6/2005
                     DGAD, published in Part I, Section I of the Gazette of India, Extraordinary, dated the 28th February, 2006, had initiated a sunset review in the matter of continuation of anti-dumping on imports of White Cement (hereinafter referred to as the subject goods) falling under sub-heading 2523 21of the First Schedule to the Customs tariff Act 1975, (51 of 1975), originating in, or exported from, UAE and Iran (hereinafter referred to as subject countries), imposed vide notification No. 64/2001 dated the 14th June, 2001, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 14th June, 2001 vide G.S.R. No. 435(E), dated the 14th June, 2001, superseded by notification No. 99/2001-Customs dated the 3rd October, 2001, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 3rd October, 2001 vide G.S.R. No. 753(E), dated the 3rd October, 2001;

And whereas, the Central Government has extended the anti-dumping duty on the subject goods, originating in, or exported from, the subject countries vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 50/2006-Customs dated the 29th May, 2006, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 29th May, 2006 vide G.S.R. No. 320(E), dated the 29th May, 2006, up to and inclusive of the 13th day of June, 2007;

And whereas, in the matter of sunset review of anti-dumping on import of the subject goods, originating in, or exported from the subject countries, the designated authority vide its findings, No. 15/6/2005-DGAD dated the 27th February, 2007, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 27th February, 2007, subsequently amended vide notification No. 15/6/2005-DGAD dated 9th April, 2007, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 9th April, 2007, has come to the conclusion that –

(i)    the subject goods are entering the Indian market at dumped prices and dumping margin from subject countries is significant and above de-minimis;

(ii)   the subject goods are likely to enter the Indian market at dumped prices, should the present measures be withdrawn;

(iii)  even though the domestic industry has improved its performance over injury period and not suffered injury but injury to domestic industry would recur, should the present anti-dumping duties be withdrawn;

and has recommended continued imposition of the anti-dumping duty against the subject goods originating in or exported from the subject countries 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, and in supersession of the notification of the Government of India in the Ministry of finance (Department of Revenue) No.99/2001-Customs, dated the 3rd October, 2001, except as respects things done or omitted to be done before such supersession, the Central Government, after considering the aforesaid findings of the designated authority and the subsequent amendment 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), the specification of which is specified in column (4) of the said Table, originating in the countries as specified in the corresponding entry in column (5), and exported from the countries as specified in the corresponding entry in column (6), and produced by the producers as specified in the corresponding entry in column (7), and exported by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at a rate which is 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 said Table.

Table

SNo.

Tariff item

Description of goods

Specification

Country of Origin

Country of Export

Producer

Exporter

Amount (US$)

Unit of Measurement

Currency

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

1.

2523 21 00

White Portland Cement

Any

UAE

Any

Any

Any

32

Per MT

USD

2.

2523 21 00

White Portland Cement

Any

Any country other than Iran

UAE

Any

Any

32

Per MT

USD

3.

2523 21 00

White Portland Cement

Any

Iran

Any

Any

Any

38

Per MT

USD

4.

2523 21 00

White Portland Cement

Any

Any country other than UAE

Iran

Any

Any

38

Per MT

USD

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 Official Gazette 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 Government 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.