Barium Carbonate from China – Dumping Duty Hiked on Final Findings

[Customs Notification No. 06 dated 7th February 2011]

Whereas in the matter of imports of Barium Carbonate [hereinafter referred to as the subject goods], falling under sub heading 2836 60 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, People’s Republic of China (hereinafter referred as the subject country) and imported into India, the designated authority in its preliminary findings vide notification No. 14/18/2009-DGAD, dated the 7th January, 2010, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 8th January, 2010, had come to the conclusion that –

(a) the product under consideration had been exported to India from the subject country below its associated normal value, thus resulting in dumping of the product;

(b) the domestic industry had suffered material injury in respect of the subject goods;

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

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 No. 37/2010-Customs, dated the 23rd March, 2010, published in the Gazette of India, Extraordinary Part II, Section 3, Sub-section (i), vide number G.S.R. 208(E), dated the 23rd March, 2010;

And whereas, the designated authority, in its final findings vide notification No. 14/18/2009-DGAD dated the 10th December, 2010, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 10th December, 2010, had come to the conclusion that-

(a) the product under consideration had been exported to India from the subject country below its normal value, thus resulting in dumping of the product;

(b) the domestic industry had suffered material injury in respect of the subject goods; and

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, 1975 read with 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 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 of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2),originating in the country specified in the corresponding entry in column (4), and exported from the country specified in the corresponding entry in column (5) and produced by the producer specified in the corresponding entry in column (6) and exported by the exporter specified in the corresponding entry in column (7), and imported into India, an anti-dumping duty at the rate equal to the amount indicated in the corresponding entry in column (8), in the currency as specified in the corresponding entry in column (10) and per unit of measurement as specified in the corresponding entry in column (9) of the said Table.

Table
S.No.	Sub-heading	Description of goods	Country of origin	Country of exports	Producer	Exporter	Duty amount	Unit	Currency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)
1.	28366000	Barium Carbonate	People’s Republic of China	People’s Republic of China	M/s Guizhou Redstar Developing Co. Ltd.	M/s Guizhou Redstar Developing Import & Export Co. Ltd	210 .33	MT	US Dollar
2.	28366000	Barium Carbonate	People’s Republic of China	People’s Republic of China	M/s Guizhou Redstar Developing Dalong Manganese Industry Co. Ltd.	M/s Guizhou Redstar Developing Import & Export Co. Ltd	205.92	MT	US Dollar
3.	28366000	Barium Carbonate	People’s Republic of China	People’s Republic of China	M/s Guizhou Hongtai Chemical Co. Ltd.	M/s Anhui Garments Shoes & Caps Industrial (Group) Co.	122	MT	US Dollar
4.	28366000	Barium Carbonate	People’s Republic of China	People’s Republic of China	M/s China Haohua Chemical Industry Group, Tianzhu Chemical Industry Co. Ltd. (Tianzhu)	M/s China Haohua Chemical Industry Group, Tianzhu Chemical Industry Co. Ltd. (Tianzhu)	147.88	MT	US Dollar
5.	28366000	Barium Carbonate	People’s Republic of China	People’s Republic of China	M/s China Haohua Chemical Industry Group, Tianzhu Chemical Industry Co. Ltd. (Tianzhu)	M/s Guangzhou Chemicals Import & Export Corporation	102.19	MT	US Dollar
6.	28366000	Barium Carbonate	People’s Republic of China	People’s Republic of China	M/s Hunan Wanfeng Chemical Co. Ltd.	M/s Hunan Mint Imp & Exp Company. Ltd	76.06	MT	US Dollar
7.	28366000	Barium Carbonate	People’s Republic of China	People’s Republic of China	Any other than combination at Sr. No.1 to 6.		236	MT	US Dollar
8.	28366000	Barium Carbonate	Any other than People’s Republic of China	People’s Republic of China	Any	Any	236	MT	US Dollar
9.	28366000	Barium Carbonate	People’s Republic of China	Any other than People’s Republic of China	Any	Any	236	MT	US Dollar

2. The anti-dumping duty imposed shall be levied for a period of five years (unless revoked, superseded or amended earlier) from the date of imposition of the provisional anti-dumping duty, that is, the 23rd March, 2010, and shall be payable 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.354/21/2010 –TRU]