GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 133/2009-Customs
New Delhi, dated the 9th December 2009
G.S.R.(E). - Whereas in the matter of import of Sodium Hydrosulphite
(hereinafter referred to as the subject goods), falling under heading 2831 and
2832 of the First Schedule lo the Customs Tariff Act, 1975 (51 of 1975),
originating in, or exported from the People's Republic of China (hereinafter
referred to as the subject country), the designated authority in its preliminary
findings vide notification No. 39/1/2000-DGAD dated the 2nd January, 2001,
published in the Gazette of India, Extraordinary, Part I, Section 1, dated the
2nd January, 2001 had come to the conclusion that -
- Sodium Hydrosulphite originating in, or exported from, the People's Republic
of China, had been exported to India below its normal value, resulting in
dumping;
- the Indian industry had suffered material injury;
- the injury had been caused cumulatively by the imports from the subject
country;
and had recommended imposition of provisional anti-dumping duty on the imports
of subject goods, originating in or exported from the subject country;
And whereas, on the basis of the aforesaid findings of the designated authority,
the Central Government had imposed provisional anti-dumping duty on the subject
goods, vide notification of the Government of India in the Ministry of Finance
(Department of Revenue), No. 28/2001-Customs, dated the 12th March, 2001,
published in Part II, Section 3, Sub-section (i) of the Gazette of India,
Extraordinary, vide G.S.R. No. 173(E), dated the 12th March, 2001;
And whereas, the designated authority, in its final findings vide notification
No. 39/1/2000-DGAD, dated the 12th September, 2001, published in the Gazette of
India, Extraordinary, Part I, Section 1, dated the 13th September, 2001, had
come to the conclusion that-
- Sodium Hydrosulphite originating in, or exported from, the People's Republic
of China, had been exported to India below its normal value, thereby resulting
in dumping;
- the domestic industry had suffered material injury;
- the injury had been caused to the domestic industry by dumping of the
subject goods originating in or exported from the People's Republic of China;
(d) Even though one of the exporters, namely M/s Guangdong Zhongcheng Chemicals
Co. Ltd. the People's Republic of China had expressed its willingness to give
price undertaking, the designated authority could not explore the same as the
exporter shown its unwillingness subsequently;
and had recommended the imposition of definitive anti-dumping duty on imports of
the subject goods originating in or exported from the subject country;
And whereas, on the basis of the aforesaid final findings of the designated
authority, the Central Government had imposed final anti-dumping duty on the
subject goods vide notification of the Government of India in the Ministry of
Finance (Department of Revenue), No. 114/2001-CUSTOMS, dated the 2nd November,
2001 published in Part II, Section 3, Sub-section (i) of the Gazette of India,
Extraordinary, vide G.S.R. No. 820(E), dated the 2nd November, 2001;
And whereas, the designated authority vide notification No. 15/16/2005-DGAD,
dated the 5th October, 2005, has initiated Sunset review, in terms of
sub-section (5) of section 9A of the Customs Tariff Act 1975 (51 of 1975), in
the matter of continuation of anti-dumping duty on subject goods, originating
in, or exported from, the subject country imposed vide notification of the
Government of India in the Ministry of Finance (Department of Revenue), No
114/2001-CUSTOMS, dated the 2nd November, 2001 published in Part II, Section 3,
Sub-section (i) of the Gazette of India, Extraordinary, vide G.S.R. No. 820(E),
dated the 2nd November, 2001;
And whereas, the designated authority had requested for extension of
antidumping duty on import of subject goods, originating in, or exported from,
the subject country, in terms of sub-section (5) of section 9A of the Customs
Tariff (Amendment) Act, 1995, pending the completion of the Sunset review;
And whereas on the basis of the aforesaid request of the designated authority,
the Central Government had extended anti-dumping duty on the subject goods up to
and inclusive of 11th March, 2007, vide notification of the Government of India
in the Ministry of Finance (Department of Revenue), No. 25/2006-CUSTOMS, dated
the 10th March, 2006 published in Part II, Section 3, Sub-section (i) of the
Gazette of India, Extraordinary, vide G.S.R. No. 153(E), dated the 10th March,
2006;
And whereas, the designated authority, in its final findings in Sunset review
vide notification No. 15/16/2005-DGAD, dated the 6th September, 2006, published
in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7th
September, 2006, had come to the conclusion that-
- the subject goods had been exported to India from the subject country below
its normal value resulting into dumping and there was likelihood of continued
dumping of the subject goods, if anti- dumping from subject country Is
withdrawn;
- the domestic industry continued to suffer material injury on account of the
dumped imports of the subject goods from the subject country; and
- the authority considered it appropriate that anti-dumping duties was
required to be imposed as modified in respect of imports from the subject
country, as withdrawal thereof would lead to continuation of dumping and injury;
and had recommended continuation of anti-dumping duty, at specified rates in
respect of imports of the subject goods, originating in, or exported from the
subject country in order to remove injury to the domestic industry;
And whereas on the basis of the aforesaid final findings in Sunset review, of
the designated authority, the Central Government had imposed final anti-dumping
duty for a period of five years on the subject goods vide notification of the
Government of India in the Ministry of Finance (Department of Revenue), No.
108/2006-Customs, dated the 16th October, 2006 published in Part II, Section 3,
Sub-section (i) of the Gazette of India, Extraordinary, vide G.S.R. No., 641(E),
dated the 16th October, 2006;
And whereas, the designated authority vide notification No. 15/21/2008-DGAD,
dated the 1st October, 2008, has initiated Mid term review, in terms of
sub-section (5) of section 9A of the said (51 of 1975), and in pursuance of rule
23 of the Customs Tariff (Identification, Assessment and Collection of
Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules,
1995 in the matter of continuation of anti-dumping duty on subject goods,
originating in, or exported from, the subject country imposed vide notification
of the Government of India in the Ministry of Finance (Department of Revenue),
No. 108/2006-CUSTOMS, dated the 16th October, 2006 published in Part II, Section
3, Sub-section (i) of the Gazette of India, Extraordinary, vide G.S.R. No.
641(E), dated the 16th October, 2006;
And whereas the designated authority, in its final findings in mid-term review,
vide notification No. 15/21/2008-DGAD, dated the 31st August, 2009, published in
the Gazette of India, Extraordinary, Part I, section 1, dated the 31st August,
2009, has come to the conclusion that-
- The subject goods are entering the Indian market at dumped prices and dumping
margins of the subject goods imported from the subject country is substantial
and above de-minimis.
- The Authority notes that during the sunset review, the duty was recommended
in the form of reference price. It has been the contention of the domestic
industry that this product is landing in India almost at the reference price
recommended during the sunset review and the duty should be in fixed form. In
respect of export price, as noted at para 22/ 23 of the Disclosure statement,
the petitioner has highlighted (based on the DGC&IS information and of China
Customs data) that the prices at which the material has been reported for
customs clearance (in India) are not the prices at which the goods have been
exported from China. As per the DGC&IS data, the imports during POI were 2311 MT
at C1F price of US Dollar 944.61 per MT whereas the China Customs shows FOB
export price of US Dollar 755.37 per MT. After adjusting for ocean freight,
insurance and other expenses, there still remains a gap of hundred plus US
Dollar. Therefore, the domestic industry contended that the majority of the
imports have landed at prices just to match the bench mark price. In view of
this position, the DA notes that the duty in the form of reference price has not
been able to provide the desired relief.
- Although the production capacity, production, and sales of the domestic
industry have gone up and the profitability has become less negative during the
POI vis-a-vis the base year, significant increase in import volumes at dumped
prices has resulted in substantial price undercutting and price suppression. The
situation of domestic industry continues to be vulnerable and dumped imports
from the subject country continue to cause a substantial injury to the domestic
industry. Should the present anti dumping duties be revoked, injury to the
domestic industry is likely to continue and intensify.
and has recommended continued imposition of definitive anti-dumping duty on
modified rates on imports of the subject goods originating in, or exported from,
the subject country;
Now, therefore, in exercise of the powers conferred by sub sections (1) and (5)
of section 9A of the said Customs Tariff Act read with rules 18 and 23 of the
Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty
on Dumped Articles and for Determination of Injury) Rules, 1995 and in
supersession of the notification of the Government of India in the Ministry of
Finance (Department of Revenue), No. 108/2006-CUSTOMS, dated the 16th October,
2006, G.S.R, 641(E), dated the 16 October, 2006, except as respects things done
or omitted to be done before such supersession, the Central Government, on the
basis of aforesaid finding and recomendation of the designated authority, hereby
imposes on the subject goods, the description of which is specified in column
(3) of the Table below, falling under tariff item or sub-heading 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),
originating in the country as specified in the corresponding entry in column
(5),and exported from the countries as specified in the corresponding entry in
column (6), and produced by the producers as specified in the corresponding
entry in column (7), and exported 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 equal to 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.
TABLE
SI.No |
Tariff Item |
Description of Goods
|
Specification |
Country of Origin |
Country of Export |
Producer |
Exporter |
Amount (in USD) |
Unit of Measurement
|
Currency |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
1. |
2831 and 2832 |
Sodium
Hydrosulphite |
All Grade |
Peoples Republic of China |
Any |
Any |
Any |
372.19 |
Metric Tonne |
Us Dollar |
2. |
2831 and 2832 |
Sodium
Hydrosulphite |
All Grade |
Any |
Peoples Republic of China |
Any |
Any |
372.19 |
Metric Tonne |
Us Dollar |
2. This notification shall remain in force upto and inclusive of the 15th
October, 2011 unless the notification is revoked earlier. The anti-dumping duty
shall be paid in Indian currency.
Explanation. - For the purposes of this notification, "rate of exchange"
applicable for the purposes of calculation of 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 1962) and the relevant date
for 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. 354/6/2001-TRU (Pt.III)]
(Limatula Yaden)
Deputy Secretary to the Government of India.