Customs Notification No. 142 dated 26th
December 2002 (As amended by Corrigendum dated 15th January
2003)
WHEREAS in the matter of import of Sodium Hydroxide,
commonly known as Caustic Soda, 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, Republic of Korea and People's Republic of China (herein
after referred to as the subject countries), the designated authority vide its
preliminary findings notification No. 14/ 10/ 2002-DGAD dated the 21st
September, 2002, published in the Gazette of India, Extraordinary, Part I,
Section 1, dated the 25th September, 2002 has come to the conclusion
that-
(a)��� Sodium Hydroxide, in all forms originating
in, or exported, from the subject countries has been exported to India below
its normal value except M/s Hanwha Chemical Corporation, Republic of Korea;
(b)��� the Indian industry has also suffered
material injury by way of financial losses due to depressed net sale
realisation on account of price depression caused by low landed prices of the
dumped Sodium Hydroxide;
(c)��� the injury has been caused to the domestic
industry by dumping of Sodium Hydroxide originating in or exported from the
subject countries;
and has recommended imposition of provisional
anti-dumping duty, pending final determination, on imports of Sodium Hydroxide,
originating in, or exported from, the subject countries except on exports by
M/s Hanwha Chemical Corporation, Republic of Korea;
NOW, THEREFORE, in exercise of the powers conferred by
sub-section (2) of section 9A of the said Customs Tariff Act, read with rules
13 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 subheading 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 produced by the producers as specified in the
corresponding entry in column (7), when exported from the countries as
specified in the corresponding entry in column (6), 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
amount 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
S. No.
|
Sub-heading
|
Description of goods
|
Specification
|
Country of origin
|
Country of Export
|
Producer
|
Exporter
|
Amount
|
Unit of measurement
|
Currency
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
(7)
|
(8)
|
(9)
|
(10)
|
(11)
|
1.
|
2815.11 or 2815.12
|
Sodium Hydroxide
|
Any specification
|
Republic of Korea
|
Any country
|
Any producer except M/s
Hanwha Chemical Corporation
|
Any exporter
|
353.4
|
Metric tonne
|
US Dollar
|
2.
|
2815.11 or 2815.12
|
Sodium Hydroxide
|
Any specification
|
Any country except People�s
Republic of China
|
Republic of Korea
|
Any producer except M/s
Hanwha Chemical Corporation
|
Any exporter
|
353.4
|
Metric tonne
|
US Dollar
|
3.
|
2815.11 or 2815.12
|
Sodium Hydroxide
|
Any specification
|
People�s Republic of China
|
Any country
|
Any producer
|
Any exporter
|
362.34
|
Metric tonne
|
US Dollar
|
4.
|
2815.11 or 2815.12
|
Sodium Hydroxide
|
Any specification
|
Any country except Republic
of Korea
|
People�s Republic of China
|
Any producer
|
Any exporter
|
362.34
|
Metric tonne
|
US Dollar
|
2.���� The anti-dumping duty imposed under this
notification shall be effective upto and inclusive of the 25th day
of June 2003, and shall be payable 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
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 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.