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Anti dumping Duty: Disodium Carbonate export originating from People�s
Republic of China
WHEREAS in the matter of import
of Disodium Carbonate, falling under sub-heading no.2836.20 of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or
exported from, the People�s Republic of China, the designated authority vide
its preliminary findings, published in the Gazette of India, Extraordinary, Part
I, Section 1, dated the 18th November, 1999 had come to the
conclusion that -
(a) Disodium carbonate originating
in, or exported from, the People�s Republic of China, has been exported to
India below normal value, resulting in dumping;
(b) the
Indian industry has suffered material injury;
(c) the
injury has been caused cumulatively by imports from the subject country;
AND WHEREAS on the basis of the
aforesaid findings of the designated authority, the Central Government had
imposed an anti-dumping duty vide notification of the Government of India in the
Ministry of Finance (Department of Revenue), No. 4/ 2000 - Customs, dated the 13th
January, 2000, published in Part II, Section 3, Sub-section (i) of the Gazette
of India, Extraordinary, dated the 13th January, 2000 vide G.S.R.39
(E), dated the 13th January, 2000;
AND WHEREAS the Designated
Authority vide its final findings published in the Gazette of India,
Extraordinary, Part 1, Section 1, dated the 11th July, 2000 has come
to the conclusion that -
(a) Soda ash (Disodium Carbonate)
originating in, or exported from, People�s Republic of China, has been
exported to India below normal value;
(b) the
domestic industry has suffered material injury;
(c) the injury has been caused to
domestic industry by dumping of the subject goods originating in, or exported
from, the People�s Republic of China;
Now, therefore, in exercise of
the powers conferred by sub-section (1) of section 9A of the said Customs Tariff
Act, read with sub-section (5) thereof and 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 final findings of the designated authority, hereby
imposes on Disodium Carbonate, falling under sub-heading No.2836.20 of the First
Schedule to the said Customs Tariff Act, originating in, or exported from, the
People�s Republic of China, and when exported by exporters mentioned in column
(2) of the Table below, and imported into India, an anti-dumping duty at the
rate which is to be calculated as the difference between the amount mentioned in
the corresponding entry in column (3) of the said Table and the landed value of
such imported Disodium Carbonate per metric tonne.
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S. No.
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Name of the Exporter/ Producer
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Amount (in US dollar per metric tonne)
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(1)
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(2)
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(3)
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1.
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M/s Qingdao Soda Ash Co
Ltd.
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197.10
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2.
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M/s Tianjin Bohai Chemical
Industry (Group) Corp. Ltd.
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197.10
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3.
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M/s Dahuachem
International Economic & Trade Corp.
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193.10
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4.
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M/s Jiangsu Yongli
Chemical & Technology Imports & Exports Corp.
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194.50
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5.
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Any other exporter
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197.10
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2. The anti-dumping duty imposed under
this notification shall be levied with effect from the date of imposition of the
provisional anti-dumping duty, i.e. the 13th January 2000; and
be paid in Indian currency.
Explanation - For the purposes of
this notification, -
(a) �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 section 3, 3A, 8B and 9A of the said Customs Tariff
Act.
(b) �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
under sub-clause (i) of clause(a) of sub-section(3) of section 14 of the said
Customs Act, and the relevant date for the determination of the �rate of
exchange� shall be date of presentation of the �bill of entry� under
section 46 of the said Customs Act.
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