Ntfn 98 Whereas,
the designated authority,
13.09.2006 vide its notification No. 15/29/2004-
DGAD, dated the 2nd May, 2005, published in Part I, Section I of the Gazette of India, Extraordinary, dated the 2nd May, 2005, had initiated a sunset review in the matter of continuation of anti-dumping on imports of Sodium Hydroxide commonly know as Caustic Soda, falling under sub-headings 2815 11 and 2815 12 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) [hereinafter referred to a subject goods], originating in, or exported from Saudi Arabia, Iran, Japan, USA and France (hereinafter referred to as subject countries), imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.69/2001- Customs, dated the 26th June, 2001 [GSR 461 (E) dated the 26th June, 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. 39/2006 -Customs dated the 28th April, 2006, [G.S.R. 258(E), dated the 28th April, 2006,] up to and inclusive of 25th day of September, 2006;
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. 15/29/2004-DGAD dated the 1st August, 2006, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 1st August, 2006, has come to the conclusion that –
(a) the subject goods are continuing to enter the Indian market from the subject countries at dumping prices;
(b) the domestic industry is suffering material injury and likely to recur injury due to the dumped imports;
(c) dumping of the subject goods from the subject countries and injury to the domestic industry is likely to continue if the duties are withdrawn;
and has recommended continuation of anti-dumping duty, at specified rates in respect of imports of 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, 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), 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 which shall be equal to difference between the amount mentioned in the corresponding entry in column (9) in the currency as specified in the corresponding entry in column (11) and as per unit of measurement as specified in the corresponding entry in column (10), of the said Table and the landed value of imported goods in like currency as per like unit of measurement
2. This notification shall be effective for a period of five years (unless revoked, superseded or amended earlier) and the anti-dumping duty shall be paid in Indian Currency.
Explanation. - For the purposes of this notification,-
(a) “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;
(b) rate of exchange applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in the notification, issued from time to time, in exercise of the powers conferred by sub-clause (i) of clause (a) of sub-section (3) of section 14 of the said Customs Act, 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.