Anti-dumping Duty Hiked in Final Findings on Carbon Black from China, Russia, Australia and Thailand

[Customs Notification No. 06 dated 28th January 2010]

Whereas, in the matter of import of Carbon Black used in rubber applications (hereinafter referred to as the subject goods), falling under sub heading 2803 00 10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the said Customs Tariff Act), originating in, or exported from, Australia, China PR, Russia and Thailand (hereinafter referred to as the subject countries) and imported into India, the designated authority in its preliminary findings vide notification No. 14/21/2008-DGAD, dated the 25th May, 2009, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 25th May, 2009, had come to the conclusion that-

(a) the subject goods had been exported to India from the subject countries below their normal value;

(b) the domestic industry had suffered material injury; and

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 of the Government of India in the Ministry of Finance (Department of Revenue), No. 83/2009-Customs, dated 30th July, 2009, published in the Gazette of India Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.558 (E), dated the 30th July, 2009;

And whereas, the designated authority in its final findings vide notification No. 14/21/2008-DGAD dated 24th December 2009, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 24th December 2009, had come to the conclusion that-

(a) the subject goods had been exported to India from the subject countries below associated Normal values, thus resulting in dumping of the subject goods;

(b) the domestic industry had suffered material injury in respect of the subject goods. Besides, there was a case of threat of material injury to the domestic industry as well; and

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

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 and 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, and in supersession of the notification of the Government of India in the Ministry of Finance (Department of Revenue), No.83/2009-Customs, dated the 30th July, 2009, vide number G.S.R 558(E), dated the 30th July, 2009,except as respects things done or omitted to be done before such supersession, the Central Government, on the basis of 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), originating in the country as specified in the corresponding entry in column (4), and produced by the producers as specified in the corresponding entry in column (6), when exported from the country as specified in the corresponding entry in column (5), by the exporters as 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.	Heading/ Subheading	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	28030010	Carbon Black used in rubber applications	Australia	Australia	M/s Continental Carbon Australia Pty Ltd.	M/s Continental Carbon Australia Pty Ltd.	0.138	Per Kg	US Dollar
2.	28030010	-do-	Australia	Australia	Any combination other than at Serial number 1	0.330	Per Kg	US Dollar
3.	28030010	-do-	Australia	Any country other than Austraila	Any	Any	0.330	Per Kg	US Dollar
4	28030010	-do-	Any country other than countries attracting Anti-dumping duty	Australia	Any	Any	0.330	Per Kg	US Dollar
5	28030010	-do-	China PR	China PR	M/s Ningbo Detai Chemical Co. Ltd	M/s Ningbo Detai Chemical Co. Ltd	0.143	Per Kg	US Dollar
6	28030010	-do-	China PR	China PR	M/s Hebei Daguangming Juwuba Carbon Black Co., Ltd.	M/s Hebei Daguangming Juwuba Carbon Black Co., Ltd.	0.089	Per Kg	US Dollar
7	28030010	-do-	China PR	China PR	M/s Longxing Chemical Stock Co., Ltd.	M/s Longxing Chemical Stock Co., Ltd.	0.168	Per Kg	US Dollar
						M/s Ningbo Sheen All Chemical Co. Ltd through M/s Hhui Chemical Co., Ltd	0.101	Per Kg	US Dollar
8	28030010	-do-	China PR	China PR	M/s Jiangxi Black Cat Carbon Black Co., Ltd	M/s Jiangxi Black Cat Carbon Black Co., Ltd	0.121	Per Kg	US Dollar
9	28030010	-do-	China PR	China PR	Any combination other than at Serial numbers 5, 6, 7 & 8.		0.423	Per Kg	US Dollar
10	28030010	-do-	China PR	Any country other than China PR	Any	Any	0.423	Per Kg	US Dollar
11	28030010	-do-	Any country other than countries attracting Anti-dumping duty	China PR	Any	Any	0.423	Per Kg	US Dollar
12	28030010	-do-	Russia	Russia	M/s. Yaroslavskiy Tekhnicheskiy Uglerod	M/s Trigon Gulf FZCO	0.136	Per Kg	US Dollar
13	28030010	-do-	Russia	Russia	Any combination other than at Serial number 12.	0.391	Per Kg	US Dollar
14	28030010	-do-	Russia	Any country other than Russia.	Any	Any	0.391	Per Kg	US Dollar
15	28030010	-do-	Any country other than countries attracting Anti-dumping duty	Russia	Any	Any	0.391	Per Kg	US Dollar
16	28030010	-do-	Thailand	Thailand	M/s Thai Tokai Carbon Product Company Ltd.	M/s Thai Tokai Carbon Product Company Ltd.	0.084	Per Kg	US Dollar
17	28030010	-do-	Thailand	Thailand	Any combination other than at Serial number 16		0.186	Per Kg	US Dollar
18	28030010	-do-	Thailand	Any country other than Thailand	Any	Any	0.186	Per Kg	US Dollar
19	28030010	-do-	Any country other than countries attracting Anti-dumping duty	Thailand	Any	Any	0.186	Per Kg	US Dollar

*Note: - Thermal Black and Carbon black grades meant for semi conductive compound applications are excluded from the scope of the product under consideration.

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, 30th July,2009 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.354/130/2009 –TRU]