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Date: 27-03-2003
Notification No: CUSTOMS Notification No 48/2003
Issuing Authority: Indian Customs  
Type: Tariff
File No:
Subject: Anti-Dumping Duty: Sodium Hydroxide, commonly known as Caustic Soda, Originating in, or Exported from, European Union (excluding France), Indonesia and Chinese Taipei
Anti-Dumping Duty: Sodium Hydroxide, commonly known as Caustic Soda, Originating in, or Exported from, European Union (excluding France), Indonesia and Chinese Taipei

Customs Notification No. 48 dated 27th March 2003

WHEREAS in the matter of import of Sodium Hydroxide, commonly known as Caustic Soda, falling under sub-heading 2815 11 or tariff item 2815 12 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, European Union (excluding France), Indonesia and Chinese Taipei  (herein after referred to as the subject countries), the designated authority vide its preliminary findings notification No.14/ 39/ 2002-DGAD dated the 8th January 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 13th January, 2003 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;

(b)    the domestic industry has also suffered material injury; 

(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;

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 sub-heading or tariff item 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 or tariff item

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.

281511 or 28151200

Sodium Hydroxide

Any specification

Chinese Taipei or European Union excluding France

Any country

Any producer

Any exporter

271.93

Metric tonne

US Dollar

2.

281511 or 28151200

Sodium Hydroxide

Any specification

Indonesia

Any country

Any producer

Any exporter

233.58

Metric tonne

US Dollar

3.

281511 or 28151200

Sodium Hydroxide

Any specification

Any country other than, Chinese Taipei and European Union excluding France

Indonesia

Any producer

Any exporter

233.58

Metric tonne

US Dollar

4.

281511 or 28151200

Sodium Hydroxide

Any specification

Any country other than, Indonesia

Chinese Taipei or European Union excluding France

Any producer

Any exporter

271.93

Metric tonne

US Dollar

2.     The anti-dumping duty imposed under this notification shall be effective upto and inclusive of the 26th day of September 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 and Company Affairs (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.

       

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