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.