GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification
No.6 /2010-Customs
New Delhi, the 28th January, 2010
G.S.R. (E). – Whereas, in the matter of import of Carbon Black used in rubber
applications (hereinafter referred to as the subject goods), falling under sub
heading 2803 00 10 of the First Schedule to the Customs Tariff Act, 1975 (51 of
1975) (hereinafter referred to as the said Customs Tariff Act), originating in,
or exported from, Australia, China PR, Russia and Thailand (hereinafter referred
to as the subject countries) and imported into India, the designated authority
in its preliminary findings vide notification No. 14/21/2008-DGAD, dated the
25th May, 2009, published in the Gazette of India, Extraordinary, Part I,
Section 1, dated the 25th May, 2009, had come to the conclusion that-
- the subject goods had been exported to India from the subject countries
below their normal value;
- the domestic industry had suffered material injury; and
- the injury had been caused by the dumped imports from subject countries;
and had recommended imposition of provisional anti-dumping duty on the imports
of subject goods, originating in or exported from, the subject countries;
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. 83/2009-Customs, dated 30th July, 2009, published
in the Gazette of India Extraordinary, Part II, Section 3, Sub-section (i) vide
number G.S.R.558 (E), dated the 30th July, 2009;
And whereas, the designated authority in its final findings vide notification
No. 14/21/2008-DGAD dated 24th December 2009, published in the Gazette of India,
Extraordinary, Part I, Section 1, dated the 24th December 2009, had come to the
conclusion that-
- the subject goods had been exported to India from the subject countries
below associated Normal values, thus resulting in dumping of the subject goods;
- the domestic industry had suffered material injury in respect of the subject
goods. Besides, there was a case of threat of material injury to the domestic
industry as well; and
- the material injury and threat thereof had been caused by the dumped imports
from subject countries;
and had recommended the imposition of definitive anti-dumping duty on imports of
the subject goods originating in, or exported, from the subject countries;
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 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, and in supersession of the notification of the Government of India in the
Ministry of Finance (Department of Revenue), No.83/2009-Customs, dated the 30th
July, 2009, vide number G.S.R 558(E), dated the 30th July, 2009,except as
respects things done or omitted to be done before such supersession, the Central
Government, on the basis of 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 sub heading of the
First Schedule to the said Customs Tariff Act as specified in the corresponding
entry in column (2), originating in the country as specified in the
corresponding entry in column (4), and produced by the producers as specified in
the corresponding entry in column (6), when exported from the country as
specified in the corresponding entry in column (5), by the exporters as
specified in the corresponding entry in column (7), and imported into India, an
anti-dumping duty at the rate equal to the amount indicated 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.
Table
S.No. |
Heading/ Subheading |
Description of goods * |
Country of Origin |
Country of Exports |
Producer |
Exporter |
Duty Amount |
Unit |
Currency |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
1 |
28030010 |
Carbon Black used in rubber applications |
Australia |
Australia |
M/s Continental Carbon Australia Pty Ltd. |
M/s Continental Carbon Australia Pty Ltd. |
0.138 |
Per Kg |
US Dollar |
2. |
28030010 |
‘Carbon Black used in rubber applications’* |
Australia |
Australia |
Any combination other than at Serial number 1 |
0.330 |
Per Kg |
US Dollar |
3. |
28030010 |
‘Carbon Black used in rubber applications’* |
Australia |
Any country other than Austraila |
Any |
Any |
0.330 |
Per Kg |
US Dollar |
4 |
28030010 |
‘Carbon Black used in rubber applications’* |
Any country other than countries attracting Anti-dumping duty |
Australia |
Any |
Any |
0.330 |
Per Kg |
US Dollar |
5 |
28030010 |
‘Carbon Black used in rubber applications’* |
China PR |
China PR |
M/s Ningbo Detai Chemical Co. Ltd |
M/s Ningbo Detai Chemical Co. Ltd |
0.143 |
Per Kg |
US Dollar |
6 |
28030010 |
‘Carbon Black used in rubber applications’* |
China PR |
China PR |
M/s Hebei Daguangming Juwuba Carbon Black Co., Ltd. |
M/s Hebei Daguangming Juwuba Carbon Black Co., Ltd. |
0.089 |
Per Kg |
US Dollar |
7 |
28030010 |
‘Carbon Black used in rubber applications’* |
China PR |
China PR |
M/s Longxing Chemical Stock Co., Ltd. |
M/s Longxing Chemical Stock Co., Ltd. |
0.168 |
Per Kg |
US Dollar |
M/s Ningbo Sheen All Chemical Co. Ltd through M/s Hhui Chemical Co.,
Ltd |
0.101 |
Per Kg |
US Dollar |
8 |
28030010 |
‘Carbon Black used in rubber applications’* |
China PR |
China PR |
M/s Jiangxi Black Cat Carbon Black Co., Ltd |
M/s Jiangxi Black Cat Carbon Black Co., Ltd |
0.121 |
Per Kg |
US Dollar |
9 |
28030010 |
‘Carbon Black used in rubber applications’* |
China PR |
China PR |
Any combination other than at Serial numbers 5, 6, 7 &
8. |
0.423 |
Per Kg |
US Dollar |
10 |
28030010 |
‘Carbon Black used in rubber applications’* |
China PR |
Any country other than China PR |
Any |
Any |
0.423 |
Per Kg |
US Dollar |
11 |
28030010 |
‘Carbon Black used in rubber applications’* |
Any country other than countries attracting Anti-dumping duty |
China PR |
Any |
Any |
0.423 |
Per Kg |
US Dollar |
12 |
28030010 |
‘Carbon Black used in rubber applications’* |
Russia |
Russia |
M/s. Yaroslavskiy Tekhnicheskiy Uglerod |
M/s Trigon Gulf FZCO |
0.136 |
Per Kg |
US Dollar |
13 |
28030010 |
‘Carbon Black used in rubber applications’* |
Russia |
Russia |
Any combination other than at Serial number 12. |
0.391 |
Per Kg |
US Dollar |
14 |
28030010 |
‘Carbon Black used in rubber applications’* |
Russia |
Any country other than Russia. |
Any |
Any |
0.391 |
Per Kg |
US Dollar |
15 |
28030010 |
‘Carbon Black used in rubber applications’* |
Any country other than countries attracting Anti-dumping duty |
Russia |
Any |
Any |
0.391 |
Per Kg |
US Dollar |
16 |
28030010 |
‘Carbon Black used in rubber applications’* |
Thailand |
Thailand |
M/s Thai Tokai Carbon Product Company Ltd. |
M/s Thai Tokai Carbon Product Company Ltd. |
0.084 |
Per Kg |
US Dollar |
17 |
28030010 |
‘Carbon Black used in rubber applications’* |
Thailand |
Thailand |
Any combination other than at Serial number 16 |
0.186 |
Per Kg |
US Dollar |
18 |
28030010 |
‘Carbon Black used in rubber applications’* |
Thailand |
Any country other than Thailand |
Any |
Any |
0.186 |
Per Kg |
US Dollar |
19 |
28030010 |
‘Carbon Black used in rubber applications’* |
Any country other than countries attracting Anti-dumping duty |
Thailand |
Any |
Any |
0.186 |
Per Kg |
US Dollar |
*Note: - Thermal Black and Carbon black grades meant for semi conductive
compound applications are excluded from the scope of the product under
consideration.
2. The anti-dumping duty imposed shall be levied for a period of five years
(unless revoked, superseded or amended earlier) from the date of imposition of
the provisional anti-dumping duty, that is, 30th July,2009 and shall be payable
in Indian currency.
Explanation: For the purposes of this notification, 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.
[F.No.354/130/2009 –TRU]
(Prashant Kumar)
Under Secretary to the Government of India.