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 vide number 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-
- the subject goods are entering the Indian market at dumped prices and the
dumping margin is above de-minimis and significant;
- the dumped imports continue to cause injury to the domestic industry;
- 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