Anti-Dumping Duty: Sodium Hydroxide (Caustic Soda) export originating
from Saudi Arabia, Iran, Japan, USA and France
Whereas in the matter of import of Sodium Hydroxide, commonly known
as Caustic Soda, falling under sub-heading No. 2815.11 and 2815.12 of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975) originating in, or
exported from, Saudi Arabia, Iran, Japan, the United States of America and
France, the Designated Authority vide its preliminary findings, published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 16th
November, 2000 has come to the conclusion that -
(i)
Sodium Hydroxide, in all forms, originating in, or exported from, subject
Countries, has been exported to India below its normal value;
(ii)
the domestic industry has suffered material injury by way of financial
losses due to depressed net sales realization on account of price depression
caused by low landed prices of the dumped subject goods; and
(iii)
the injury has been caused to the domestic industry by dumping 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 an anti-dumping duty
vide notification of the Government of India in the Ministry of Finance
(Department of Revenue), No. 153/ 2000 - Customs, dated the 26th
December, 2000 [G.S.R. 933(E), dated the 26th December, 2000],
published in Part ll, Section 3, Sub-section (i) of the Gazette of India,
Extraordinary, dated the 26th December, 2000;
AND WHEREAS the designated authority vide its final findings
published in the Gazette of India, Extraordinary, Part l, Section 1, dated the
14th May, 2001 has come to the conclusion that -
(i)
Caustic Soda, originating in, or exported from Saudi Arabia, Iran, Japan,
the United States of America and France has been exported to India below its
normal value;
(ii)
the domestic industry has suffered material injury;
(iii)
the injury has been caused by imports 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, the Central Government, on the basis of the aforesaid final findings of
the designated authority, hereby imposes on Sodium
Hydroxide, commonly known as Caustic Soda, falling under sub-heading Nos.
2815.11 and 2815.12 of the First Schedule to the said Customs Tariff Act,
originating in, or exported from, any countries specified in column (2) of the
Table annexed hereto, and exported by exporters specified in corresponding entry
in column (3) of the said Table, and imported into India, an anti-dumping duty
at the rate which shall be calculated as the difference between the amount
mentioned in corresponding entry in column (4) of the said Table and the landed
value of such imported Sodium Hydroxide per metric tonne.
S. No.
|
Name of the Country
|
Name of the exporter / producer
|
Amount (in US dollar per metric tonne)
|
(1)
|
(2)
|
(3)
|
(4)
|
1.
|
United
States of America
|
(a)
M/s Dow Chemical Co.
|
319.4
|
(b)
All other producer/ exporter
|
319.4
|
2.
|
France
|
All
exporters/ producers
|
309.4
|
3.
|
Iran
|
All
exporters/ producers
|
319.4
|
4.
|
Japan
|
All
exporters/ producers
|
319.4
|
5.
|
Saudi
Arabia
|
(a)
Producer SADAF with SABIC as the exporter
|
266.9
|
(b)
All other exporters/ producers
|
305.8
|
2.
The anti-dumping duty imposed under this notification shall be levied
with effect from the date of imposition of the provisional anti-dumping duty, i.e.
the 26th December 2000; and 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 section 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
under sub-clause (i) of clause (a) of sub-section (3) of section 14 of the said
Customs Act, 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.
|