GOVERNMENT OF INDIA
MINISTRY OF FINANCE (DEPARTMENT OF REVENUE)

Notification No. 136/2009-Customs

New Delhi, dated the 9th December, 2009

G.S.R. (E). - Whereas in the matter of import of Saccharin (hereinafter referred to as the subject goods), falling under sub-heading 2925 11 00 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), the designated authority in its preliminary findings vide notification No. 14/27/2004-DGAD dated the 1st April, 2006, published in the Gazette of India, Extraordinary, Part 1, Section 1, dated the 41'1 April, 2006 had come to the conclusion that –

1.  the subject goods had been exported to India from the subject country below its normal value;
   
   
2.  the domestic industry had suffered material injury;
   
   
3.  the injury had been caused by the dumped imports from subject country;

and had recommended imposition of provisional anti-dumping duty on the imports of subject goods, originating in or exported from the subject country;

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed provisional anti-dumping duly on the subject goods, vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 54/2006-Customs, dated the 6th June, 2006, published in Part II, Section 3, Sub-section (i) of the Gazette of India, Extraordinary, dated the 6th June, 2006 vide number G.S.R. 342(E), dated the 6th June, 2006;

And whereas, the designated authority, in its final findings vide notification No. 14/27/2004-DGAD, dated the 3rd January, 2007, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3rd January, 2007, subsequently amended vide notification No. 14/27/2004-DGAD, dated the 12th February, 2007, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 13th February, 2007, had come to the conclusion that-

1.  the subject goods had been exported to India from the subject country below its normal value;
   
   
2.  the domestic industry had suffered material injury;
   
   
3. the injury had been caused by the dumped imports from subject country;

and had recommended the imposition of definitive anti-dumping duty on imports of the subject goods originating in or exported from the subject country;

And whereas on the basis of the aforesaid final findings of the designated authority, the Central Government had imposed final anti-dumping duty on the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No 41/2007-CUSTOMS, dated the 19th March, 2007 published in Part II, Section 3, Sub­section (i) of the Gazette of India, Extraordinary, dated the 19th March, 2007 vide number G.S.R. 205(E), dated the 19th March, 2007;

And whereas the designated authority, in its final findings in mid-term review, vide notification No. 15/15/2008-DGAD, dated the 6th November, 2009, published in the Gazette of India, Extraordinary, Part I, section 1, dated the 6th November, 2009, has come to the conclusion that-

1.  the subject goods are entering the Indian market at dumped prices and dumping margins of the subject goods imported from China PR is significant and above de-minimis limits prescribed. The subject goods continue to be exported to India at dumped prices in spite of existing anti dumping duties;
   
   
2.  considering the facts available on record, the subject goods are likely to enter Indian market from subject country at dumped prices, should the present measures be withdrawn;
   
   
3. the situation of domestic industry deteriorated further in spite of existing anti dumping duties;
   
   
4. the deterioration in the performance of the domestic industry is because of dumped imports from China PR;
   
   
5. the current level of anti dumping duty is insufficient to address continued dumping and consequent injury to the domestic industry and thus the anti-dumping duty is required to be modified as recommended below;

and has recommended continued imposition of definitive anti-dumping duty on imports of the subject goods originating in, or exported from, the subject country;

Now, therefore, in exercise of the powers conferred by sub sections (1) and (5) of section 9A of the said Customs Tariff Act 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 and in supersession of the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 41/2007-Customs, dated the 19th March, 2007, vide number G.S.R 205 (E), dated the 19th March, 2007, except as respects things done or omitted to be done before such supersession, the Central Government, on the basis of aforesaid finding and recomendation 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 tariff item or sub-heading of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), the specification of which is specified in column (4), originating in the country as specified in the corresponding entry in column (5),and exported from the countries as specified in the corresponding entry in column (6), and produced by the producers as specified in the corresponding entry in column (7), and exported by the exporters as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at a rate which is equal to the amount as specified in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11) and per unit of measurement as specified in the corresponding entry in column (10) of the said Table.

TABLE

2. This notification shall remain in force upto and inclusive of the 5th June, 2011, unless the notification is revoked earlier. The anti-dumping duty 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 conferred by 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 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. 354/54/2006 -TRU (Pt. I)]
(Limatula Yaden)
Deputy Secretary to the Government of India.