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Anti-Dumping Duty: Sodium Hydrosulphite export originating from the
People�s Republic of China
WHEREAS
in the matter of import of Sodium Hydrosulphite, falling under Chapter 28
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 l, Section 1, dated the 2nd January, 2001, has come to the
conclusion that -
(a) Sodium
Hydrosulphite originating in, or exported from, the People�s Republic of
China, have been exported to India below its normal value, resulting in dumping;
(b) the
Indian industry has suffered material injury;
(c) the
injury has been caused cumulatively by the 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.
28/2001�Customs, dated the 12th March, 2001, [G.S.R. 173(E), dated
the 12th March, 2001] published in Part II, Section 3, Sub-section
(i) of the Gazette of India, Extraordinary, dated the 12th March,
2001;
AND
WHEREAS the designated authority vide its final findings published in the
Gazette of India, Extraordinary, Part I, Section 1, dated the 13th September,
2001 has come to the conclusion that -
(a) Sodium
Hydrosulphite originating in, or exported from, the People�s Republic of
China, has been exported to India below its normal value, thereby resulting in
dumping;
(b) the
domestic industry has suffered material injury;
(c) the
injury has been caused to the domestic industry by dumping of the subject goods
originating in or exported from the People�s Republic of China;
(d) Even
though one of the exporters, namely M/s Guangdong Zhongcheng Chemicals Co. Ltd.
the People�s Republic of China has expressed its willingness to give price
undertaking, the designated authority could not explore the same as the exporter
shown its unwillingness subsequently;
Now,
therefore, in exercise of 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, the Central Government, on the basis of the aforesaid final findings of
the designated authority, hereby imposes on the said Sodium Hydrosulphite,
falling under Chapter 28 of the First Schedule to the said Customs Tariff Act,
originating in, or exported from, the People�s Republic of China, and exported
by exporters mentioned in column (2) of the
Table annexed hereto, and imported into India, an anti-dumping duty at the rate
mentioned in corresponding entry in column (3) of the said Table.
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S.No.
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Name
of the Producer/ exporter
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Amount
of duty (in US$ 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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(a) M/s Guangdong
Zhongcheng Chemicals Co. Ltd
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216.33
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(b) All other exporters
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294.17
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2. The
anti-dumping imposed under this notification shall be levied with effect from
the date of imposition of the provisional anti-dumping duty, i.e, the 12th
March 2001, and shall be paid in Indian currency.
Explanation:
For the purposes of this notification, 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 under sub-clause (i) of clause (a) of sub-section (3) of 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.
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