Caustic Soda from EU, Indonesia and Chinese Taipei – Final Findings

Ntfn 168       WHEREAS in the matter of import
14.11.2003   of Sodium Hydroxide, commonly
                     known as Caustic Soda, falling under sub-heading 2815 11 or tariff item 2815 12 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, European Union (excluding France), Indonesia and Chinese Taipei (herein after referred to as the subject countries), the designated authority vide its preliminary findings in notification No.14/39/2002-DGAD, dated the 8th January, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 13th January, 2003 –

AND WHEREAS the designated authority, vide its final findings in notification No.14/39/2002-DGAD, dated the 1st October, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 1^st October, 2003, has come to the conclusion that –

(a) Sodium Hydroxide has been exported to India from the subject countries below its normal value;

(b) the domestic industry has suffered material injury and facing threat of further injury;

and has recommended the imposition of definitive anti-dumping duty on all imports of Sodium Hydroxide falling under sub-heading 2815 11 or tariff item 2815 12 00 of the First Schedule to the said Customs Tariff Act and originating in, or exported from the European Union (excluding France), Indonesia and Chinese Taipei.

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 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 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 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) of the said Table and imported into India, an anti-dumping duty at a rate which is equivalent to the difference between, 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, and the landed value of such imported goods in like currency per like unit of measurement.

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, i.e. the 27^th March, 2003, and shall be paid in Indian currency.

3. This notification shall remain in force upto and inclusive of the 26^th March, 2009, unless the notification is revoked earlier. [Inserted by 39/26.03.2008]

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, 3A, 8B, 9 and 9A of the said Customs Tariff Act;

(b) rate of exchange applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is determined by the Central Government 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 said Customs Act, 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.

Table

S No	Sub-heading or Tariff item	Description of goods	Specification	Country of origin	Country of Export	Producer	Exporter	Amount	Unit of measure-ment	Currency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
1	2815 11 and 2815 12	Caustic Soda	Any grade	Chinese Taipei	Chinese Taipei	Any Producer	Any Exporter	281.27	Dry Metric Tonne (DMT)	US Dollar
2	2815 11 and 2815 12	Caustic Soda	Any grade	Any country other than Indonesia and European Union (excluding France)	Chinese Taipei	Any Producer	Any Exporter	281.27	Dry Metric Tonne (DMT)	US Dollar
3	2815 11 and 2815 12	Caustic Soda	Any grade	Chinese Taipei	Any country other than Indonesia and European Union (excluding France)	Any Producer	Any Exporter	281.27	Dry Metric Tonne (DMT)	US Dollar
4	2815 11 and 2815 12	Caustic Soda	Any grade	Indonesia	Indonesia	Any Producer	Any Exporter	256.88	Dry Metric Tonne (DMT)	US Dollar
5	2815 11 and 2815 12	Caustic Soda	Any grade	Any country other than Chinese Taipei and European Union (excluding France)	Indonesia	Any Producer	Any Exporter	256.88	Dry Metric Tonne (DMT)	US Dollar
6	2815 11 and 2815 12	Caustic Soda	Any grade	Indonesia	Any country other than Chinese Taipei and European Union (excluding France)	Any Producer	Any Exporter	256.88	Dry Metric Tonne (DMT)	US Dollar
7	2815 11and 2815 12	Caustic Soda	Any grade	European Union (excluding France)	European Union (excluding France)	Any Producer	Any Exporter	295.46	Dry Metric Tonne (DMT)	US Dollar
8	2815 11 and 2815 12	Caustic Soda	Any grade	Any country other than Chinese Taipei and Indonesia	European Union (excluding France)	Any Producer	Any Exporter	295.46	Dry Metric Tonne (DMT)	US Dollar
9	2815 11 and 2815 12	Caustic Soda	Any grade	European Union (excluding France)	Any country other than Chinese Taipei and Indonesia	Any Producer	Any Exporter	295.46	Dry Metric Tonne (DMT)	US Dollar