Taiwan Dropped from Caustic Soda
Anti-dumping Action
Ntfn 48 Whereas,
the designated authority vide notification No. 15/11/2008-DGAD, dated the 7th
March, 2008, published in Part I,
13.05.2009 section 1 of the Gazette
of India, Extraordinary, dated the 10th March, 2008, 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 Hydroxide, commonly known as Caustic Soda
(hereinafter referred to as the subject goods), originating in, or exported
from, the European Union (excluding France), Indonesia and Chinese Taipei
(hereinafter referred to as the subject countries), imposed vide
notification of the Government of India in the Ministry of Finance
(Department of Revenue), No. 168/2003-CUSTOMS dated the 14th
November 2003, published in the Gazette of India Extraordinary, Part II,
Section 3, Sub-section (i), vide number
G.S.R.891(E), dated the 14th November 2003;
And whereas, the Central Government had extended the
anti-dumping duty on the subject goods, originating in, or exported from, the
subject countries upto and inclusive of the 26th
March, 2009 vide notification of the Government of India, in the
Ministry of Finance (Department of Revenue), No. 39/2008 -Customs dated the
26th March, 2008, published in the Gazette
of India, Extraordinary, Part II, Section 3, Sub-section (i)
vide number G.S.R.210 (E), dated the 26th March, 2008;
And whereas, in the matter of review of anti-dumping on
import of the subject goods, originating in, or exported from, the subject
countries, the designated authority in
its final findings issued vide notification No. 15/11/2008-DGAD, dated
26th March, 2009 published in the Gazette of India, Extraordinary, Part I,
Section 1 dated the 27th March, 2009, had come to the conclusion that-
(a) the subject goods originating in or exported from Chinese
Taipei had been exported to India above its normal value at un-dumped prices
and there was no likelihood of recurrence of dumping and consequent injury to
the domestic industry;
(b) the
subject goods originating in or exported from M/s. PT Asahimas,
Indonesia had been exported to India at price above its normal value during
period of investigation at un-dumped prices, however prices had been found to
be unreliable and there was likelihood of dumping; the exports by other
exporters had been found below its normal value resulting in dumping; the
continuance or recurring of dumping was likely to cause injury to domestic
industry; and
(c) the
subject goods originating or exported from the European Union (excluding
France) had been exported to India below its normal value at dumped prices and
continuance or recurring of dumping was likely to cause injury to the domestic
industry;
and had recommended continued imposition of definitive
anti-dumping duty on imports of the subject goods, originating in, or exported
from, Indonesia and the European Union (excluding France) and imported into India, 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 said Customs Tariff Act read with rules 18 and 23 of the said
rules, the Central Government, after considering the aforesaid final 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 or 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 country as specified in the
corresponding entry in column (5), and produced by the producer as specified in
the corresponding entry in column (7), when exported from the country as
specified in the corresponding entry in column (6), by the exporter as
specified in the corresponding entry in column (8), and imported into India, an
anti-dumping duty at a rate which is
equivalent 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.
Table
|
S.No. |
Sub-heading or tariff item |
Description of goods |
Specific-ation |
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit of measur-ement |
Curre-ncy |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
|
1. |
2815 11 or 2815 12 00 |
Caustic Soda |
Any grade |
Indonesia |
Indonesia |
M/s. P.T.Asahimas Chemical |
M/s. Tricon Energy Ltd. USA |
415.46 |
DMT |
US dollar |
|
2. |
2815 11 or 2815 12 00 |
Caustic Soda |
Any grade |
Indonesia |
Indonesia |
Any other than at Sl.No.1 above |
415.46 |
DMT |
US dollar |
|
|
3. |
281511 or 281512 |
Caustic Soda |
Any grade |
Indonesia |
Any |
Any |
Any |
415.46 |
DMT |
US dollar |
|
4. |
2815 11 00 or 2815 12 00 |
Caustic Soda |
Any grade |
Any country other than
country(ies) attracting anti dumping duty |
Indonesia |
Any |
Any |
415.46 |
DMT |
US dollar |
|
5. |
2815 11 or 2815 12 00 |
Caustic Soda |
Any grade |
European Union
(excluding France) |
European Union (excluding France) |
Any |
Any |
415.46 |
DMT |
US dollar |
|
6. |
2815 11 00 or 2815 12 00 |
Caustic Soda |
Any grade |
European Union (excluding France) |
Any |
Any |
Any |
415.46 |
DMT |
US dollar |
|
7. |
2815 11 or 2815 12 00 |
Caustic Soda |
Any grade |
Any country other than country(ies)
attracting anti dumping duty |
European Union (excluding France) |
Any |
Any |
415.46 |
DMT |
US dollar |
2. The
anti-dumping duty imposed under this notification shall be effective for a
period of five years (unless revoked, superseded or amended earlier) from the
date of publication of this notification in the Official Gazette. 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, 8B, 9 and 9A of the said Customs
Tariff Act; and
(b) 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 conferred by 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.
[F.No.354/8/2003
–TRU (Pt)]