Another
Five Years of Anti-dumping on Caustic Soda from China and Korea
Ntfn 137 Whereas, the designated authority
26.12.2008 vide notification No.
15/11/2007
(DoR) DGAD, dated the 22nd November,
2007, published in
Part I, Section 1 of the Gazette of India, Extraordinary, dated the 22nd November, 2007, had initiated review, in the
matter of continuation of anti-dumping on imports of Sodium Hydroxide commonly
known as Caustic Soda (hereinafter referred to as the subject goods),
falling under sub-heading 2815 11 or 2815 12 of the First Schedule
to the Customs Tariff Act 1975 (51 of 1975), originating in, or exported from, Korea
ROK and the People’s Republic of China (hereinafter referred to as
the subject countries), imposed vide notification of the Government of
India (Department of Revenue), No.142/2003-Customs, dated the 23rd
September, 2003, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated23rd
September, 2003, vide number G.S.R.759(E), dated the 23rd
September, 2003;
And whereas, the
Central Government had extended the anti-dumping duty on the subject goods,
originating in, or exported from, the subject countries upto
and inclusive of the 25th December, 2008 vide
notification of the Government of India, in the Ministry of Finance (Department
of Revenue), No. 121/ 2007-Customs, dated 20th
December, 2007, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 20th December, 2007, vide number
G.S.R. 784(E), dated the 20th December,
2007;
And whereas, in the
matter of review of anti-dumping on import of the subject goods, originating
in, or exported from, the subject countries, the designated authority vide
its final findings No. 15/11/2007-DGAD dated the 21st
November, 2008 published in the Gazette of India, Extraordinary, Part I,
Section 1, dated 21st November, 2008, has
come to the conclusion that-
(a) subject goods
originating in or exported from the People’s Republic of China has been
exported to India below their normal value, resulting in dumping;
(b) the
performance of domestic industry has improved during the continuation of
anti-dumping duty on the subject goods; and
(c) discontinuation
of anti-dumping duties on the subject goods from subject countries likely to
continue from the People’s Republic of China and likely to recur from Korea ROK
leading to the recurrence of injury to the domestic industry;
and has recommended continued imposition of definitive
anti-dumping duty against the subject goods, originating in, or exported from,
the subject countries 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 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 countries as specified in the corresponding entry in column
(5), and exported from the countries as specified in the corresponding entry in
column (6), and produced by the producers as specified in the corresponding
entry in column (7), and exported by the exporters as specified in the
corresponding entry in column (8), and imported into India, an anti-dumping
duty at a rate which is equivalent to the difference between, the reference price
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.
Table
|
SNo |
Sub- heading |
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 or 2815 12 |
Caustic soda |
Caustic soda lye and caustic soda solid/flakes |
Korea ROK |
Korea ROK |
M/s Hanwha Chemical Corporation |
M/s Hanwha Corporation |
Not applicable |
Dry Metric Tonne |
US dollar |
|
2. |
2815 11 or 2815 12 |
Caustic soda |
Caustic soda lye and caustic soda solid/flakes |
Korea ROK |
Korea ROK |
M/s Hanwha Chemical Corporation |
M/s Tricon Energy Ltd., United States of America (USA) |
Not applicable |
Dry Metric Tonne |
US dollar |
|
3. |
2815 11 or 2815 12 |
Caustic soda |
Caustic soda lye and caustic soda solid/flakes |
Korea ROK |
Korea ROK |
Any other than at S. No. 1 and2 above |
401.05
|
Dry Metric Tonne |
US dollar |
|
|
4. |
2815 11 or 2815 12 |
Caustic soda |
Caustic soda lye and caustic soda solid/flakes |
Korea ROK |
Any country other than Korea ROK |
Any |
Any |
401.05 |
Dry Metric Tonne |
US dollar |
|
5. |
2815 11 or 2815 12 |
Caustic soda |
Caustic soda lye and caustic soda solid/flakes |
Any country other than subject countries |
Korea ROK |
Any |
Any |
401.05 |
Dry Metric Tonne |
US dollar |
|
6. |
2815 11 or 2815 12 |
Caustic soda |
Caustic soda lye and caustic soda solid/flakes |
People’s Republic of China |
People’s Republic of China |
Any |
M/s Tricon Energy Ltd., United States of America (USA) |
401.05 |
Dry Metric Tonne |
US dollar |
|
7. |
2815 11 or 2815 12 |
Caustic soda |
Caustic soda lye and caustic soda solid/flakes |
People’s Republic of China |
People’s Republic of China |
Any other than at S.No.6 above |
401.05
|
Dry
Metric Tonne |
US
dollar |
|
|
8. |
2815 11 or 2815 12 |
Caustic soda |
Caustic soda lye and caustic soda solid/flakes |
People’s Republic of China |
Any country other than People’s Republic of China |
Any |
Any |
401.05 |
Dry
Metric Tonne |
US dollar |
|
9. |
2815 11 or 2815 12 |
Caustic soda |
Caustic soda lye and caustic soda solid/flakes |
Any country other than subject countries |
People’s Republic of China |
Any |
Any |
401.05 |
Dry
Metric Tonne |
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 Gazette of India.
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
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.354/185/2002 –TRU
(Pt-I)]