Sodium Cyanide from USA, EU and Korea - Sunset
Review
Ntfn 102 Whereas
the designated authority
19.12.2005 vide notification
No.15/9/2003-
DGAD dated the 29th March, 2004, published in Part I,
Section 1 of the Gazette of India, Extraordinary, dated the 29th March, 2004, had initiated review in
the matter of continuation of final anti-dumping duty on Sodium Cyanide
(hereinafter referred to as the subject goods), falling under Sub-heading 2837
11of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975)
(hereinafter referred to as the Customs Tariff Act), originating in, or
exported from the United States of America, European Union, Czech Republic and
Korea RP, imposed vide notification of the Government of India in the Ministry
of Finance (Department of Revenue), No. 83/2000–CUSTOMS, dated the 6th June, 2000, G.S.R. 522 (E), dated the 6th June, 2000, superseded by notification
No. 10/2001-CUSTOMS dated 31st
January 2001,G.S.R. 47(E), dated the 31st
January, 2001 and extended by notification No.56/2005-CUSTOMS, dated 23rd June 2005, G.S.R. 420(E), dated the 23rd June, 2005;
And
Whereas, the designated authority in notification No. 15/9/2003-DGAD, dated the
27th September, 2005, published in Part I, Section 1 of
the Gazette of India, Extraordinary, dated the 27th September, 2005, after conducting Sunset Review has come to the
conclusion that-
(a) the subject goods
continue to be dumped from the Korea RP and United States of America, and
dumping margins of the subject goods imported from these countries are
significant and above de minimis;
(b) there
is no likelihood of dumping to continue or recur from the European Union, if
the duties are revoked. However, dumping is likely to continue from the Korea
RP and United States of America if the duties are revoked;
(c) the
domestic industry continues to suffer material injury on account of the dumped
imports from Korea RP and United States of America;
(d) injury
to domestic industry is likely to continue or recur if the duties are revoked
in respect of imports from Korea RP and United States of America. However,
injury to the domestic industry is not likely to recur if the duties are
revoked in respect of imports from the European Union;
and has recommended the continued imposition of
definitive anti-dumping duty on all imports of Sodium Cyanide, originating in,
or exported from United States of America, and Korea RP;
Now, therefore, in exercise of the powers conferred
by sub-section (1), read with sub-section (5) of section 9A of the said Customs
Tariff Act, and 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, on the basis of
the aforesaid final findings of the designated authority, hereby imposes on the
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 the corresponding entry in column (4), originating in the
countries as specified in the corresponding entry in column (5), and produced
by the producers as specified in the corresponding entry in column (7), when
exported from the countries as specified in the corresponding entry in column
(6), 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 equivalent 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
|
S No. |
Sub-heading |
Description of goods |
Specifi-cation |
Country of origin |
Country of export |
Producer |
Exporter |
Duty amount |
Unit of measure-ment |
Currency |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
|
1 |
2837 11 |
Sodium Cyanide |
Any |
Korea RP |
Any except United States of America |
M/s Tong Shuh Petrochemicals Corporation |
M/s Hanwah Corporation |
29.62 |
Metric Tonne |
USA $ |
|
2 |
2837 11 |
Sodium Cyanide |
Any |
Korea RP |
Any except United States of America |
Any except M/s Tong Shuh Petrochemicals Corporation |
Any except M/s Hanwah Corporation |
250.88 |
Metric Tonne |
USA $ |
|
3 |
2837 11 |
Sodium Cyanide |
Any |
Any except Korea RP and United States of America |
Korea RP |
Any except M/s Tong Shuh Petrochemicals Corporation |
Any except M/s Hanwah Corporation |
250.88 |
Metric Tonne |
USA $ |
|
4 |
2837 11 |
Sodium Cyanide |
Any |
United States of America |
Any |
Any |
Any |
268.27 |
Metric Tonne |
USA $ |
|
5 |
2837 11 |
Sodium Cyanide |
Any |
Any except United States of America |
United States of America |
Any |
Any |
268.27 |
Metric Tonne |
USA $ |
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, 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 Customs
Act, 1962 (52 of 1962), 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.