Another Five Years of Anti-dumping Duty on Titanium Dioxide
from China
[Ref: Customs Notification No. 85
dated 04 August 2009]
Whereas,
the designated authority, vide its notification No. 15/5/2008-DGAD,
dated 5th July, 2008 published in Part I, Section 1 of the Gazette of India, Extraordinary,
dated the 7th July, 2008, had initiated a review in the matter of continuation
of anti-dumping on imports of Titanium dioxide, Anatase
grade (hereinafter referred to as the subject goods) falling under sub-heading
2823 or 3206 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), imposed vide
notification of the Government of India in the Ministry of Finance (Department
of Revenue), No. 54/2004- Customs, dated the 19th April, 2004, published in the
Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.267(E), dated the 19th April,
2004;
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 July, 2009 vide
notification of the Government of India, in the Ministry of Finance (Department
of Revenue), No. 85/2008- Customs, dated the 11th July, 2008, published in the
Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.516(E), dated the 11th July,
2008;
And
whereas, in the matter of review of anti-dumping on import of the subject goods,
originating in, or exported from, the subject country, the designated authority
in its final findings issued vide notification No. 15/5/2008-DGAD, dated 3rd
July, 2009 published in the Gazette of India, Extraordinary, Part I, Section 1,
dated the 3rd July, 2009, has come to the conclusion that-
1.
the subject goods are entering the Indian market at
dumped prices and dumping margins of the subject goods imported from the
People's Republic of China is substantial and above de-minimis;
2.
the subject goods are likely to enter the Indian
market at dumped prices and the likely dumping margins in respect of imports
from the People's Republic of China will be substantial and above de-minimis;
3.
the subject goods are likely to enter Indian market
at dumped prices, should the present measures be withdrawn; and
4.
the
situation of domestic industry continues to be fragile. Further, should the
present anti dumping duties be revoked, injury to the domestic industry is
likely to continue and intensify;
and has
recommended continued imposition of definitive anti-dumping duty on imports of
the subject goods, originating in, or exported from, the subject country and
imported into India, in order to remove injury to the domestic industry;
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
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, 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 column (4) of the said Table, originating in the country as
specified in the corresponding entry in column (5), and produced by the
producer as specified in the corresponding entry in column (7), when exported
from the country as specified in the corresponding entry in column (6), by the
exporter as specified in the corresponding entry in column (8), 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 (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 and the landed value of imported goods in like currency as per like
unit of measurement.
Table
S.No. |
Sub-heading
|
Description
|
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 |
2823 or
3206 |
Titanium
dioxide |
Anatase |
China
PR |
China
PR |
Any |
Any |
1735.47 |
MT |
US
dollar |
2 |
2823 or
3206 |
Titanium
dioxide |
Anatase |
China
PR |
Any
other than China PR |
Any |
Any |
1735.47 |
MT |
US
dollar |
3 |
2823 or
3206 |
Titanium
dioxide |
Anatase |
Any
other than China PR |
China
PR |
Any |
Any |
1735.47 |
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. 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;
(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.354/51/2003
–TRU (Pt.)]