Hexamine from Russia and Saudi Arabia – Review of Anti-dumping Notification

Ntfn 89 Whereas, the designated authority,
25.07.2007 vide its notification No. 8/ 1/2001
(SSR)-DGAD, published in Part I, Section I of the Gazette of India, Extraordinary, dated the 19^th June, 2006, had initiated a review in the matter of continuation of anti-dumping on imports of Hexamine (hereinafter referred to as the subject goods) falling under tariff item 2921 29 10 of the First Schedule to the Customs Tariff Act 1975, (51 of 1975), originating in, or exported from, Russia and Saudi Arabia (hereinafter referred to as the subject countries), imposed vide notification No. 31/2002-Customs, dated the 27 March, 2002, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 27^th March, 2002, vide G.S.R. No. 228 (E), dated the 27^th March, 2002;

And whereas, the Central Government has extended the anti-dumping duty on the subject goods, originating in, or exported from, the subject countries upto and inclusive of the 27^th June, 2007 vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 65/2006 -Customs dated the 27^th June, 2006, G.S.R No. 384(E), dated the 27^th June, 2006, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 27^th June, 2006;

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 vide its final findings No. 8/1/2001(SSR)-DGAD dated the 14^th June, 2007, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 14^th June, 2007, as amended vide notification No.8/1/2001 (SSR)-DGAD, dated the 29^th June, 2007 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 2^nd July, 2007, has come to the conclusion that-

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

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

(c) discontinuation of anti-dumping duties on the subject goods from the subject countries may result in 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 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 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 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 exported from the countries 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 equal to 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.

Table

S No.	Tariff item	Description of goods	Country of Origin	Country of Export	Producer	Exporter	Amount (US$)	Unit of Measure-ment	Currency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)
1.	2921 29 10	Hexamine	Russia	Russia	Any	Any	201.70	MT	USD
2.	2921 29 10	Hexamine	Russia	Any other than Russia	Any	Any	201.70	MT	USD
3.	2921 29 10	Hexamine	Any other than subject countries	Russia	Any	Any	201.70	MT	USD
4.	2921 29 10	Hexamine	Saudi Arabia	Saudi Arabia	Any	Any	145.29	MT	USD
5.	2921 29 10	Hexamine	Saudi Arabia	Any other than Saudi Arabia	Any	Any	145.29	MT	USD
6.	2921 29 10	Hexamine	Any other than subject countries	Saudi Arabia	Any	Any	145.29	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. The anti-dumping duty 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 conferred by 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.