GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
New Delhi, dated the 9th May, 2007
NOTIFICATION No.66/2007-CUSTOMS
G.S.R. (E). - Whereas, in the matter of import of Potassium Carbonate, falling
under tariff item 2836 40 00 of the First Schedule to the Customs Tariff Act,
1975 (51 of 1975), originating in, or exported from, the European Union,
People’s Republic of China, Republic of Korea and Taiwan (hereinafter referred
to as the subject countries), the designated authority, vide its preliminary
findings notification No. 14/42/2002-DGAD, dated the 30th April, 2003, published
in the Gazette of India, Extraordinary, Part I, Section 1, dated the 1st May,
2003, had come to the conclusion that –
- Potassium Carbonate has been exported to India from the subject countries
below normal value resulting in dumping;
- the Indian industry has suffered material injury from exports of Potassium
Carbonate from the subject countries;
- the injury has been caused cumulatively by the imports of Potassium
Carbonate from the subject countries;
and had recommended imposition of provisional anti-dumping duty, pending final
determination, on imports of Potassium Carbonate, 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 on Potassium Carbonate
vide notification of the Government of India in the Ministry of Finance
(Department of Revenue), No.91/2003-Customs, dated the 10th June, 2003, [G.S.R.
470(E), dated the 10th June, 2003], published in Part II, Section 3, Sub-section
(i) of the Gazette of India, Extraordinary, dated the 10th June, 2003;
And whereas, the designated authority, vide its final findings notification
No.14/42/2002-DGAD, dated the 16th January, 2004, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 19th January, 2004, had come
to the conclusion that –
- Potassium Carbonate has been exported to India from the subject countries
below its normal value, resulting in dumping;
- the Indian industry has suffered material injury from exports of Potassium
carbonate from the subject countries;
- the injury to the domestic industry has been caused cumulatively by the
dumped imports of Potassium Carbonate from the subject countries;
And whereas, M/s Taiwan Pulp and Paper Corporation, Taiwan, had furnished an
undertaking under rule 15 of the Customs Tariff (Identification, Assessment and
Collection of Anti-dumping Duty on Dumped Articles and for Determination of
Injury) Rules, 1995, not to export any type of Potassium Carbonate below a price
of US Dollar 471.0 per Metric tonne CIF (cost, insurance and freight) and the
designated authority accepted the same;
and the designated authority had recommended the imposition of definitive
anti-dumping duty on all imports of Potassium Carbonate, originating in, or
exported from the subject countries, in order to remove the injury to the
domestic industry;
And whereas, on the basis of the aforesaid final findings of the designated
authority, the Central Government had imposed an anti-dumping duty on Potassium
Carbonate vide notification of the Government of India in the Ministry of
Finance (Department of Revenue), No. 37/2004-Customs, dated the 20th February,
2004, [G.S.R. 127(E), dated the 20th February, 2004], published in Part II,
Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the
20th February, 2004;
And whereas, the designated authority vide its Notification No. 15/22/2006-DGAD
dated the 26th March, 2007, published in the Gazette of India, Extraordinary,
Part I, Section 1, dated the 28th March, 2007 has revoked the price undertaking,
furnished by M/s Taiwan Pulp and Paper Corporation, Taiwan, under rule 15 of the
Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty
on Dumped Articles and for Determination of Injury) Rules, 1995 and has ordered
to resumes the investigation suspended vide Notification No.14/42/2002-DGAD,
dated the 16th January, 2004;
and has recommended imposition of provisional anti-dumping duty, on all imports
of Potassium Carbonate, exported by M/s Taiwan Pulp and Paper Corporation,
Taiwan (Chinese Taipei), pending final determinations;
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 recommendation and revocation of the
price undertaking by the designated authority, hereby imposes on the said
Potassium Carbonate of any specification, falling under tariff item 2836 40 00
of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), exported by
M/s Taiwan Pulp and Paper Corporation, Taiwan (Chinese Taipei), and imported
into India, an anti-dumping duty at the rate of US$ 70.45 per metric tonne.
- The anti-dumping duty imposed under this notification shall be effective upto
and inclusive of the 8th day of November, 2007, and shall be payable 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 sub-clause (i) of clause (a) of sub-section
(3) of section 14 of the Customs Act 1962 (52 of 1062), 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.354/43/2003-TRU]
(S.Bajaj)
Under Secretary to the Government of Indi