Sulphur Black from China – Final Findings

Ntfn 127       Whereas in the matter of imports of
03.12.2008   Sulphur Black [hereinafter referred
(DoR)           to as the subject goods], falling
                     under heading 3204 of the First

Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of China (hereinafter referred to as the subject country) and imported into India, the designated authority in its preliminary findings vide notification No.14/16/2006-DGAD dated the 10th March, 2008 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 11th March, 2008, had come to the conclusion that –

(a)         the subject goods had entered the Indian market from the subject country at prices less than their normal values in the domestic market of the exporting country;

(b)         the dumping margins of the subject goods imported from the subject country were substantial and above de minimis; and

(c)         the domestic industry had suffered material injury and the injury had been caused to the domestic industry, both by volume and price effect of dumped imports of the subject goods, originating in, or exported from, the 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. 48/2008-Customs, dated 11th April, 2008, published in the Gazette of India vide number G.S.R. 283(E), dated the 11th April, 2008;

And whereas, the designated authority in its final findings vide notification No. 14/16/2006-DGAD dated the 24th September, 2008, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 24th September, 2008, has come to the conclusion that-

(a)         the subject goods have entered the Indian market from the subject country at prices less than their normal values in the domestic market of the exporting country;

(b)         the dumping margins of the subject goods imported from the subject country are substantial and above de minimis; and

(c)         the domestic industry has suffered material injury and the injury has been caused to the domestic industry, both by volume and price effect of dumped imports of the subject goods originating in or exported from the 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-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975), read with 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 designated authority, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, falling under 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 country specified in the corresponding entry in column (5), and exported from the country specified in the corresponding entry in column (6) and produced by the producer specified in the corresponding entry in column (7) and exported by the exporter specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at the rate to be worked out as percentage of the CIF value of imports of the subject goods as indicated in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (10) the said Table.

Table

SNo

Heading

Description of goods

Specification

Country of origin

Country of export

Producer

Exporter

Duty amount

Currency

1

2

3

4

5

6

7

8

9

10

1

3204

Sulphur Black

In all forms and strength

China PR

Any

M/s Dalian Green Peak Chemicals Co. Ltd

M/s Dalian Green Peak Chemicals Co. Ltd or M/s Dalian Dye Chem International Corporation

40.5% of CIF value

Indian Rupee

2

3204

Sulphur Black

In all forms and strength

China PR

Any

M/s Shanxi Linfen Dyeing Chemicals Co. Ltd

M/s Shanxi Linfen Dyeing Chemicals Co. Ltd

41.3% of CIF value

Indian Rupee

3

3204

Sulphur Black

In all forms and strength

China PR

Any

Any other combination other than above

116.8% of CIF value

 

4

3204

Sulphur Black

In all forms and strength

Any other than China PR

China PR

Any

Any

116.8% of CIF value

Indian Rupee

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 11th April, 2008, and shall be payable in Indian currency.

Explanation. - For the purposes of this notification,-

(a)         “CIF value” means assessable value as determined under section 14 of the Customs Act 1962 (52 of 1962);

(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 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 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.

[F.No.354/39/2008 –TRU]