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Seeks to levy definitive anti-dumping duty on imports of sulphur black, originating in or exported from People's Republic of China, for a period of five years.
September, 22nd 2014

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

 

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

 

Notification No. 41/2014-Customs (ADD)

 

New Delhi, the 18th September, 2014

             

         G.S.R.       (E). – Whereas, the designated authority, vide  notification No. 15/18/2012-DGAD, dated the 4th April, 2013, published in the Gazette of India, Extraordinary, Part I, Section 1, had initiated a review in the matter of continuation of anti-dumping duty on imports of Sulphur Black (hereinafter referred to as the subject goods) falling under heading 3204 of 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 People’s Republic of China (hereinafter referred to as the subject country), imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 127/2008-Customs, dated the 3rd December, 2008,  published in the Gazette of India, Extraordinary,  Part II, Section 3, Sub-section (i) vide number G.S.R. 831(E), dated the 3rd December, 2008;

 

         And whereas, the Central Government had extended the anti-dumping duty on the subject goods, originating in or exported from the subject country upto and inclusive of the 10th April, 2014 vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.5/2013-CUSTOMS (ADD), dated the 10th April, 2013, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary videnumber G.S.R 215(E), dated the 10th April, 2013;

 

         And whereas, in the matter of review of anti-dumping duty on import of the subject goods, originating in or exported from the subject country, the designated authority in its final findings, published vide notification No. 15/18/2012-DGAD, dated the 3rd July, 2014, in Part I, Section 1 of the Gazette of India, Extraordinary, has come to the conclusion that- 

 

i.          the subject goods are entering the Indian market at dumped prices and the dumping margin is above de-minimis and significant;

 

         ii.          the dumped imports continue to cause injury to the domestic industry;

 

         iii.         dumping of the subject goods is likely to intensify from the subject country if no anti-dumping duty is imposed,

 

and has recommended imposition of the anti-dumping duty on 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, 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, specification of which is mentioned in column (4), falling under heading of the First Schedule to the Customs Tariff Act as specified in the corresponding entry in column (2),  originating in the countries as specified in the corresponding entry in column (5), exported from the countries as specified in the corresponding entry in column (6), produced by the producers as specified in the corresponding entry in column (7), exported by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at the rate equal 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 as per unit of measurement as specified in the corresponding entry in column (10) of the said Table, namely:-

Table

Sl.No.

Heading

Description of goods

Specification

Country of origin

Country of export

Producer

Exporter

Amount

Unit

Currency

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

1

3204

Sulphur Black

In all forms and strength

People’s Republic of China

People’s Republic of China

Any

Any

766

MT

US Dollar

2

3204

Sulphur Black

In all forms and strength

People’s Republic of China

Any country other than  People’s Republic of China

Any

Any

766

MT

US Dollar

3

3204

Sulphur Black

In all forms and strength

Any country other than  People’s Republic of China

People’s Republic of China

Any

Any

766

MT

US Dollar

 

2.         The anti-dumping duty imposed under this notification shall be effective for a period of five years (unless revoked, superseded or amended earlier) from the date of publication of this notification in the Official Gazette and 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 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 (Pt.-I)]

 

    (Akshay Joshi)

Under Secretary to the Government of India

 

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