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.
|