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Customs Notification No. 143/2009
December, 23rd 2009

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

                                                        

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)


Notification No. 143/2009-Customs

           

New Delhi, dated the 22nd December, 2009

 

G.S.R.(E). - Whereas in the matter of import of Sodium Nitrite (hereinafter referred to as the subject goods), falling under  sub- heading 2834 1010 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, Peoples Republic of China (hereinafter referred to as the subject country or China PR), the designated authority in its preliminary findings vide notification No. 39/1/99-DGAD dated the 6th April, 2000, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the  6th April, 2000 had come to the conclusion that

(a) Sodium Nitrite, originating in, or exported from, China PR, had been exported to India below normal value, resulting in dumping;

(b) the domestic industry had suffered material injury;

(c) the injury had been caused cumulatively by the imports 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.76/2000CUSTOMS, dated the 23rd May, 2000, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 484(E), dated the 23rd May, 2000;

And whereas, the designated authority, in its final findings vide notification No. 39/1/99-DGAD, dated the 3rd November, 2000, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3rd November, 2000, had come to the conclusion that-

(a) Sodium Nitrite, originating in, or exported from, Peoples Republic of China, had been exported to India below normal value resulting in dumping;

 

(b) the domestic industry had suffered material injury;

 

(c) the injury had been caused cumulatively by the imports from the subject country;

and had recommended the imposition of definitive anti-dumping duty on  imports of the subject goods  originating in or exported from the subject country;

And whereas, on the basis of the aforesaid final findings of the designated authority, the Central Government had imposed final anti-dumping duty on the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.147/2000-CUSTOMS, dated the 19th December, 2000 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 919(E), dated the 19th December, 2000;

 

And whereas, the designated authority vide notification No. 39/1/1999-DGAD, dated the 2nd  December, 2004, had initiated Sunset review, in terms of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975), in the matter of continuation of anti-dumping duty on subject goods, originating in, or exported from, the subject country imposed vide  notification of the Government of India in the Ministry of Finance (Department of Revenue), No 147/2000-CUSTOMS, dated the 19th December, 2000 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 919 (E), dated the 19th December, 2000;

 

And whereas, the designated authority had requested for extension of anti-dumping duty on import of subject goods, originating in, or exported from, the subject country, in terms of sub-section (5) of section 9A of the Customs Tariff  Act, 1975 (51 of 1975), pending the completion of the Sunset review;

And whereas on the basis of the aforesaid request of the designated authority, the Central Government had extended anti-dumping duty on the subject goods up to and inclusive of 21st May,2006, vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.60/2005-CUSTOMS, dated the 4th July, 2005 published in Gazette of India, Extraordinary,  Part II, Section 3, Sub-section (i) ,vide  number G.S.R. 452(E), dated the 4th July, 2005;

And whereas, the designated authority, in its final findings in Sunset review vide notification No. 39/1/1999-DGAD, dated the 1st December, 2005, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 1st December, 2005, had come to the conclusion that-

(a)  the subject goods had entered from subject country at less than its normal value and the dumping margin of the subject goods imported from subject country were substantial and above de minimis level;

(b) there was likelihood of dumping to continue or recur from the China PR, if the duties were revoked. 

(c)  the domestic industry continued to suffer material injury at present and the cause of the current injury was due to the volume as well as price effect of the dumped imports from China PR;

(d)   injury to domestic industry was likely to continue if the duties were revoked in respect of imports from China PR;

(e)  however, re-export or trans-shipment of goods of Chinese origin, if any, would be adequately covered under the duty imposed against China PR.

 

and had recommended continuation of anti-dumping duty, at specified rates in respect of imports of the  subject goods, originating in, or exported from the  subject country  in order to remove injury to the domestic industry;

 

And whereas on the basis of the aforesaid final findings in Sunset review, of the designated authority, the Central Government had imposed final anti-dumping duty for a period of five years on the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No.3/2006-Customs, dated the 17th January, 2006 published in Gazette of India, Extraordinary,  Part II, Section 3, Sub-section (i), vide number G.S.R. No.18( E), dated the 17th January, 2006;

 

And whereas, the designated authority vide notification No. 15/24/2008-DGAD, dated the 17th November, 2008, has initiated Mid term 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 in the matter of continuation of anti-dumping duty on subject goods, originating in, or exported from, the subject country imposed vide  notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 3/2006-Customs, dated the 17th January, 2006 published in Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide  number G.S.R. 18 (E), dated the 17th January, 2006;

And whereas the designated authority, in its final findings in mid-term review, vide notification No. 15/24/2008-DGAD, dated the 13th November, 2009, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 13th November, 2009, has come to the conclusion that-

(i)  The subject goods are entering the Indian market at dumped prices and dumping margins of the subject goods imported from China PR is significant and above de-minimis limits prescribed. The subject goods continue to be exported to India at dumped prices inspite of existing anti dumping duties.

(ii) Considering the facts available on record, the subject goods are likely to enter Indian market at dumped prices, should the present measures be withdrawn.

(iii) The situation of domestic industry deteriorated further in spite of existing anti dumping duties. Further, should the present anti dumping duties be revoked, injury to the domestic industry is likely to continue and intensify.

(iv) The deterioration in the performance of the domestic industry is because of dumped imports from China PR.

(v) The current level of anti dumping duty is insufficient to address continued dumping and consequent injury to the domestic industry and thus the anti-dumping duty is required to be modified.

and has recommended continued imposition of definitive anti-dumping duty on modified rates 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 said 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 and in supersession of the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 3/2006-Customs, dated the 17th January, 2006, vide number G.S.R 18(E), dated the 17th January, 2006,except as respects things done or omitted to be done before such supersession, the Central Government, on the basis of aforesaid finding and recomendation 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 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 equivalent to difference between the amount mentioned in the corresponding entry in column (8), in the currency as specified in the corresponding entry in column (10)  and as per unit of measurement as specified in the corresponding entry in column (9), of the said Table and the landed value of imported goods in like currency as per like unit of measurement.

 

TABLE

 

Sl.No.

Sub -heading

Description of goods

Country of origin

Country of export

Producer

Exporter

Amount

Unit of measurement

Currency

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

1

2834 10 10

Sodium Nitrite

Peoples Republic of China

Peoples Republic of China

Any

Any

617.42

Metric Tonne

US Dollar

2

2834 10 10

Sodium Nitrite

Peoples Republic of China

Any

Any

Any

617.42

Metric Tonne

US Dollar

3

2834 10 10

Sodium Nitrite

Any

Peoples Republic of China

Any

Any

617.42

Metric Tonne

US Dollar

 

2.         This notification shall remain in force upto and inclusive of the 16th January, 2011, unless the notification is revoked earlier. 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, 1975 (51 of 1975);

(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.354/41/2000 TRU (Pt.IV)]

 

(Prashant Kumar)

Under Secretary to the Government of India.

 
 
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