GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No.35/2009-Customs
New Delhi , dated the 13th April, 2009
G.S.R-- (E). -Whereas, the designated authority vide notification No.
15/1/2008-DGAD, dated the 19th March, 2008, published in Part I, Section 1 of
the Gazette of India, Extraordinary, dated the 20th March, 2008, had initiated
review, in terms of sub-section (5) of section 9A of the Customs Tariff Act,
1975 (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 Sodium hydrosulphite (hereinafter referred
to as the subject goods), originating in, or exported from, Germany and Korea RP
(hereinafter referred to as the subject countries), , imposed vide notification
of the Government of India in the Ministry of Finance (Department of Revenue),
No. 173/2003-Customs, dated the 3rd December, 2003, published in the Gazette of
India vide number G.S.R.921(E), dated the 3rd December, 2003 and had requested
for extension of anti-dumping duty for a period of one year from the date of its
expiry, in terms of sub-section (5) of section 9A of the said Act, pending the
completion of the review;
And whereas, the Central Government had extended the anti-dumping duty on the
subject goods, originating in, or exported from, the subject countries upto and
inclusive of the 31st March, 2009 vide notification of the Government of India,
in the Ministry of Finance (Department of Revenue), No. 44/2008 -Customs dated
the 7th April, 2008, published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i) vide number G.S.R.267(E), dated the 7th April, 2008;
And whereas, in the matter of review of anti-dumping on import of the subject
goods, originating in, or exported from, the subject countries, the designated
authority in its final findings issued vide notification No. 15/1/2008-DGAD,
dated 17th March, 2009 published in the Gazette of India, Extraordinary, Part I,
Section 1 dated the 17th March, 2009, had come to the conclusion that-
- the subject goods were entering the Indian market at dumped prices and
dumping margins of the subject goods imported from Germany was substantial and
above de-minimis;
- the subject goods were likely to enter the Indian market at dumped prices
and the likely dumping margins in respect of imports from Korea RP was
substantial and above de-minimis;
- the subject goods were likely to enter the Indian market at dumped prices,
should the present measure withdrawn; and
- even though the domestic industry had marginally improved its performance in
terms of capacity, production and sales, its profitability deteriorated during
the period of investigation and the situation of domestic industry to be
fragile; the dumped imports from Germany continued to cause substantial injury
to the domestic industry and the likelihood of dumping from Korea RP was lurking
above the heads of the domestic industries threatening to cause substantial
injury in the event of revocation of the anti-dumping duty; should the present
anti-dumping duties be revoked, injury to the domestic industry was likely to
continue and intensify;
and had recommended continued imposition of definitive anti-dumping duty on
imports of the subject goods, originating in, or exported from, the subject
countries and imported into India , in order to remove injury to the domestic
industry;
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5)
of section 9A of the Customs Tariff Act, 1975 (51 of 1975) 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, the Central Government, after considering the aforesaid final findings 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 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 country as specified in the
corresponding entry in column (5), and produced by the producer as specified in
the corresponding entry in column (7), when exported from the country as
specified in the corresponding entry in column (6), by the exporter as specified
in the corresponding entry in column (8), and imported into India, an
anti-dumping duty at a rate which is equivalent to difference between the amount
mentioned in the corresponding entry in column (9), in the currency as specified
in the corresponding entry in column (11) and as per unit of measurement as
specified in the corresponding entry in column (10), of the said Table and the
landed value of imported goods in like currency as per like unit of measurement.
Table
| S.No. |
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 |
2832 10 20 |
Sodium hydrosulphite |
Any |
Germany |
Any country other than Korea RP |
M/s. BASF, Germany |
M/s. BASF, Germany |
1034.76 |
Metric Tonne |
US Dollar |
| 2 |
2832 10 20 |
Sodium hydrosulphite |
Any |
Germany |
Any country other than Korea RP |
M/s. BASF, Germany |
Any Exporter |
1034.76 |
Metric Tonne |
US Dollar |
| 3 |
2832 10 20 |
Sodium hydrosulphite |
Any |
Germany |
Any country other than Korea RP |
Any Producer |
M/s. BASF, Germany |
1034.76 |
Metric Tonne |
US Dollar |
| 4 |
2832 10 20 |
Sodium hydrosulphite |
Any |
Any country other than Germany |
Germany |
Any Producer other than M/s. BASF, Germany |
Any Exporter other than M/s. BASF, Germany |
1034.76 |
Metric Tonne |
US Dollar |
| 5 |
2832 10 20 |
Sodium hydrosulphite |
Any |
Germany |
Any country other than Korea RP |
Any Producer other than M/s. BASF, Germany |
Any Exporter other than M/s. BASF, Germany |
1034.76 |
Metric Tonne |
US Dollar |
| 6 |
2832 10 20 |
Sodium hydrosulphite |
Any |
Korea , RP |
Any country other than Germany |
Any Producer |
Any Exporter |
1034.76 |
Metric Tonne |
US Dollar |
| 7 |
2832 10 20 |
Sodium hydrosulphite |
Any |
Any Country other than Korea , RP |
Korea RP |
Any Producer |
Any Exporter |
1034.76 |
Metric Tonne |
US Dollar |
2. The anti-dumping duty imposed under this notification shall be effective for
a period of five years (unless revoked, superseded or amended earlier) from the
date of publication of this notification in the Official Gazette. The
anti-dumping duty shall be paid in Indian currency.
Explanation. - For the purposes of this notification,-
- “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, 8B, 9 and 9A of the said Customs Tariff Act, 1975;
- 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 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.
(Limatula Yaden)
Deputy Secretary to the Government of India
[F. No.354/16/2003-TRU]