GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 61/2009-Customs
New Delhi, the 10th June, 2009
G.S.R. --(E). ---Whereas, the designated authority vide notification No.
15/4/2008-DGAD, dated the 21st May, 2008, published in Part I, section 1 of the
Gazette of India, Extraordinary, dated the 22nd May, 2008, 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), in the matter of continuation of anti-dumping duty on Potassium
Carbonate (hereinafter referred as the subject goods, originating in, or
exported from, the European Union, the People’s Republic of China, Korea RP and
Taiwan (hereinafter referred as the subject goods), imposed vide notification of
the Government of India in the Ministry of Finance (Department of Revenue), No.
37/2004- CUSTOMS dated the 20th February, 2004, published in the Gazette of
India, Extraordinary, Part II, Section 3, Sub-section (i) vide number
G.S.R.127(E), dated the 20th February, 2004, and had requested for extension of
anti-dumping duty for a period of one year from the date of its expiry, in terms
of sub-section (5) of section 9A of the said Customs Tariff Act, pending the
completion of the review;
And whereas, the Central Government had extended the anti-dumping duty on the
subject goods, originating in, or exported from, the subject countries upto and
inclusive of the 9th June, 2009 vide notification of the Government of India, in
the Ministry of Finance (Department of Revenue), No. 76/ 2008-Customs, dated the
11th June, 2008, published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i) vide number G.S.R.450(E), dated the 11th June, 2008;
And whereas, in the matter of review of anti-dumping on import of the subject
goods, originating in, or exported from, the subject countries, the designated
authority in its final findings issued vide notification No. 15/4/2008-DGAD,
dated the 20th May, 2008 published in Part I, Section 1 of the Gazette of India,
Extraordinary, dated the 20th May, 2009, had come to the conclusion that-
- the subject goods were entering the Indian market at dumped prices and
dumping margins of the subject goods imported from the subject countries, except Europeon Union, were substantial and above de-minimis;
- the subject goods were likely to enter the Indian market at dumped prices
and the likely dumping margins in respect of imports from subject countries was
substantial and above de-minimis;
- the subject goods were likely to enter Indian market at dumped prices,
should the present measures be withdrawn; and
- though the capacity of the domestic industry had remained more or less same
throughout the injury period, its performance in terms of production, sales and
profitability deteriorated during the same period and the situation of domestic
industry continued to be fragile due to continuous dumping by the subject
countries except the European Union; the dumped imports from the subject
countries continued to cause substantial injury to the domestic industry and the
likelihood of continuation and intensification of dumping from Korea RP, the
People’s Republic of China, and Taiwan (Chinese Taipei) and recurrence of
dumping from the European Union was lurking above the heads of the domestic
industry threatening to cause substantial injury in the event of revocation of
the anti-dumping duty; should the present anti dumping duties be revoked, injury
to the domestic industry was likely to continue, recur and intensify;
and had recommended continued imposition of definitive anti-dumping duty on
imports of the subject goods, originating in, or exported from, the subject
countries and imported into India, in order to remove injury to the domestic
industry;
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
said rules, the Central Government, after considering 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 tariff item 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) of the said Table, originating in the country as
specified in the corresponding entry in column (5), and produced by the producer
as specified in the corresponding entry in column (7), when exported from the
country as specified in the corresponding entry in column (6), by the exporter
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 as per unit of measurement as specified
in the corresponding entry in column (10), of the said Table.
Table
S.No. |
Tariff item |
Description
of
goods |
Specifi-cation |
Country of origin |
Country
of export |
Producer |
Exporter |
Amount |
Unit of measure-ment |
Currency |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
1. |
2836 40 00 |
Potassium carbonate |
Any |
Taiwan |
Any |
Any |
Any |
123.58 |
MT |
US dollar |
2. |
2836 40 00 |
Potassium carbonate |
Any |
Any country except Korea RP, People’s Republic of China and Europeon Union
|
Taiwan |
Any |
Any |
123.58 |
MT |
US dollar |
3. |
2836 40 00 |
Potassium carbonate |
Any |
Korea RP |
Korea RP |
M/s UNID Co. Ltd. |
M/s OCI Corp., or M/s UNID Co. Ltd. |
9.45 |
MT |
US dollar |
4. |
2836 40 00 |
Potassium Carbonate |
Any |
Korea RP |
Korea RP |
Any combination other than S.No 3 above |
123.86 |
MT |
US dollar |
5. |
2836 40 00 |
Potassium carbonate |
Any |
Korea RP |
Any other than Korea RP |
Any |
Any |
123.86 |
MT |
US dollar |
6. |
2836 40 00 |
Potassium carbonate |
Any |
Any country except Taiwan, People’s Republic of China, Europeon Union and Korea
RP |
Korea RP |
Any |
Any |
123.86 |
MT |
US dollar |
7. |
2836 40 00 |
Potassium carbonate |
Any |
People’s Republic of China |
Any |
Any |
Any |
90.03 |
MT |
US dollar |
8. |
2836 40 00 |
Potassium carbonate |
Any |
Any country except Taiwan, Korea RP and European Union
|
People’s Republic of China |
Any |
Any |
90.03 |
MT |
US dollar |
9. |
2836 40 00 |
Potassium carbonate |
Any |
European Union |
Europeon Union |
M/s Degussa GmbH, Germany, |
M/s Degussa GmbH, Germany |
17.18 |
MT |
US dollar |
10. |
2836 40 00 |
Potassium carbonate |
Any |
Europeon Union |
Europeon Union |
Any combination other than at 9 above |
69.92 |
MT |
US dollar |
11. |
2836 40 00 |
Potassium carbonate |
Any |
Europeon Union |
Any other than Europeon Union |
Any |
Any |
69.92 |
MT |
US dollar |
12. |
2836 40 00 |
Potassium carbonate |
Any |
Any country except Taiwan, Korea RP, People’s Republic of China and Europeon
Union |
Europeon Union |
Any |
Any |
69.92 |
MT |
US dollar |
2. The anti-dumping duty imposed under this notification shall be effective for
a period of five years (unless revoked, superseded or amended earlier) from the
date of publication of this notification in the Official Gazette. 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 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.
(Limatula Yaden)
Deputy Secretary to the Government of India.
[F.No.354/43/2003 –TRU (Pt-I)]