GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No.95 /2011-Customs
New Delhi, dated the 3rd October, 2011
G.S.R. (E). – Whereas, the designated authority vide notification No.
15/2/2010-DGAD, dated the 8th June, 2010, published in the Gazette of India,
Extraordinary, Part I, Section 1 dated the 8th June, 2010, 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 (hereinafter referred to as the said
rules), inter alia in the matter of continuation of anti-dumping duty on Caustic
Soda (hereinafter referred to as the subject goods) falling under Chapter 28 of
the First Schedule to the Customs Tariff Act 1975, (51 of 1975), originating in,
or exported from, Korea RP (hereinafter referred to as the subject country),
imposed vide notification of the Government of India in the Ministry of Finance
(Department of Revenue),
No.137/2008-Customs, dated the 26th December, 2008,
published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i), vide number G.S.R.889(E), dated the 26th December, 2008;
And whereas, in the matter of Mid-term review of anti-dumping on import of the
subject goods, originating in, or exported from, the subject country, the
designated authority vide its final findings No. 15/2/2010-DGAD dated the 7th
July, 2011, published in the Gazette of India, Extraordinary, Part I, Section 1,
dated the 7th July, 2011, had come to the conclusion that-
- the subject goods had been exported to India from the subject countries
below its normal value;
- the domestic industry had suffered material injury;
- the injury had been caused by the dumped imports from subject countries.
and had recommended imposition of definitive anti-dumping equal to the lesser
margin of dumping on imports of the subject goods, originating in, or exported
from, the subject country, so as to remove injury to the domestic industry;
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 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 subject 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, specified in the
corresponding entry in column (2), originating in the country specified in the
corresponding entry in column (4), and exported from the country specified in
the corresponding entry in column (5) and produced by the producer specified in
the corresponding entry in column (6) and exported by the exporter 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
specified in the corresponding entry in column (8), in the currency specified in
the corresponding entry in column (10) and per unit of measurement 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. |
281511, 281512 |
Caustic soda (Lye and Solid/Flakes) |
Korea RP |
Korea RP |
M/s Hanwha Chemical Corporation |
Tricon Energy Limited, USA through M/s Hanwha
Corporation |
Not applicable |
DMT |
USD |
| 2. |
281511, 281512 |
Caustic soda (Lye and Solid/Flakes) |
Korea RP |
Korea RP |
Any combination other than at Sl. No.1 above |
366 |
DMT |
USD |
| 3. |
281511, 281512 |
Caustic soda (Lye and Solid/Flakes) |
Korea RP |
Any country other than Korea RP |
Any |
Any |
366 |
DMT |
USD |
| 4. |
281511, 281512 |
Caustic soda (Lye and Solid/Flakes) |
Any country other than Korea RP |
Korea RP |
Any |
Any |
366 |
DMT |
USD |
2. The anti-dumping duty imposed under this notification shall be effective
up to and inclusive of 25th December, 2013 with effect from the date of
publication of this notification in the official Gazette and will be paid in Indian
currency.
Explanation. – For the purpose 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, 3A, 8B, 9 and 9A of the said Act;
- “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 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.
(Raj Kumar Digvijay)
Under Secretary to the Government of India.
[F. No.354/92/2011-TRU]