GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No.76/2011-Customs
New Delhi, dated the 17th August, 2011
G.S.R. (E). -Whereas, the designated authority vide notification No.
15/04/2010-DGAD, dated the 1st July, 2010, published in the Gazette of India,
Extraordinary, Part I, Section 1 dated the 1st July, 2010, had initiated review
in terms of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of
1975) (hereinafter referred to as the said Customs Tariff Act) 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 (hereinafter referred to as the said rules), in the matter of continuation
of anti-dumping duty on imports of Sodium Nitrite (hereinafter referred to as
the subject goods), falling under sub-heading 28341010 of the First Schedule to
the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from,
People’s Republic of China (hereinafter referred to as the subject country),
imposed vide notification of the Government of India, in the Ministry of Finance
(Department of Revenue),
No. 03/2006-Customs, dated the 17th January, 2006,
published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i), vide number G.S.R.18(E), dated the 17th January, 2006, as
superseded vide notification of the Government of India, in the Ministry of
Finance (Department of Revenue),
No. 143/2009-Customs, dated the 22nd December,
2009, published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i), vide number G.S.R.918(E), dated the 22nd December, 2009, and
had recommended, vide notification No. 15/04/2010-DGAD, dated the 30th June,
2011, published in the Gazette of India, Extraordinary, Part I, Section 1, dated
the 30th June, 2011, continuation of anti-dumping duty at the 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-section (1) read with
sub-section (5) of section 9A of the said Customs Tariff Act, 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, on the basis of the aforesaid findings of the
designated authority, hereby imposes anti- dumping duty on the goods, the
description of which is specified in column (3) of the Table below, falling
under sub-heading of the First Schedule to the said Customs Tariff Act as
specified in the corresponding entry in column (2), originating in the countries
as specified in the corresponding entry in column (4), and exported from the
countries as specified in the corresponding entry in column (5), and produced by
the producers as specified in the corresponding entry in column (6), and
exported by the exporters as specified in the corresponding entry in column (7),
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 (8), in the currency as specified in the corresponding entry in column
(10) and per unit of measurement as specified in the corresponding entry in
column (9), of the said Table, and the landed value of such imported goods in
like currency per like unit of measurement.
Table
| Sl.No. |
Sub- heading |
Description of goods
|
Country of origin |
Country of export |
Producer |
Exporter |
Amount |
Unit of measurement
|
Currency |
| (1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
| 1 |
28341010 |
Sodium Nitrite |
China PR |
China PR |
Any |
Any |
515.94 |
Metric Tonne |
US Dollar |
| 2 |
28341010 |
Sodium Nitrite |
China PR |
Any country other than China PR |
Any |
Any |
515.94 |
Metric Tonne |
US Dollar |
| 3 |
28341010 |
Sodium Nitrite |
Any country other than China PR |
China PR |
Any |
Any |
515.94 |
Metric Tonne |
US Dollar |
3. The anti-dumping duty imposed shall be levied for a period of five years
(unless revoked, superseded or amended earlier) from the date of publication of
this notification in the Official Gazette and shall be payable in Indian
currency.
Explanation. – For the purpose of this notification,-
(a) Landed value of imports shall be the assessable value as determined by the
Customs Authority under the Customs Act, 1962 and all duties of Customs except
duties under sections 3, 3A, 8B, 9 and 9A of the Customs Tariff Act, 1975.
(b) ‘rate of exchange’ for 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 section 14 of the Customs Act, 1962 (52 of
1962), 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.
(Samar Nanda)
Under Secretary to the Government of India
[F. No.354/41/2000-TRU (Pt.IV)]