GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No.49 /2012-Customs (ADD)
New Delhi, the 26th November, 2012
G.S.R. (E). – Whereas, the designated authority, vide its notification No.
15/28/2010-DGAD, dated the 2nd September, 2011 published in Part I, Section I of
the Gazette of India, Extraordinary, dated the 2nd September, 2011, had
initiated a sunset review in the matter of continuation of anti-dumping on
imports of Sodium Hydroxide commonly known as Caustic Soda, falling under
sub-headings 2815 11 and 2815 12 of the First Schedule to the Customs Tariff
Act, 1975 (51 of 1975) [hereinafter referred to a subject goods], originating
in, or exported from Saudi Arabia, Iran, Japan, USA and France (hereinafter
referred to as subject countries), imposed vide notification of the Government
of India, in the Ministry of Finance (Department of Revenue),
No.98/2006-
Customs, dated the 13th September, 2006 [GSR 550 (E) dated the 13th September,
2006 ];
And whereas, the Central Government had extended the anti-dumping duty on the
subject goods originating in, or exported from the subject countries vide
notification of the Government of India, in the Ministry of Finance (Department
of Revenue),
No. 1/2012 -Customs dated the 6th January, 2012, [G.S.R. 2 (E),
dated the 6th January, 2012] up to and inclusive of 1st day of September, 2012;
And whereas, in the matter of sunset review of anti-dumping on import of the
subject goods, originating in, or exported from the subject countries, the
designated authority vide its findings, No. 15/28/2010-DGAD dated the 31st
August, 2012, published in the Gazette of India, Extraordinary, Part I, Section
1, dated the 31st
August, 2012, had come to the conclusion that –
- the subject goods are continuing to enter the Indian market from the Saudi
Arabia, Iran, Japan and United States of America at dumping prices;
- the domestic industry is suffering material injury and likely to recur
injury due to the dumped imports;
- dumping of the subject goods from the Saudi Arabia, Iran, Japan and United
States of America and injury to the domestic industry is likely to continue if
the duties are withdrawn;
and had recommended continuation of anti-dumping duty, at specified rates in
respect of imports of the subject goods, originating in, or exported from the
Saudi Arabia, Iran, Japan and United States of America 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 Customs Tariff Act, 1975 (51 of 1975) 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, the Central Government, after considering the aforesaid 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), the specification of which is specified in
column (4) of the said Table, originating in the countries 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 the rate 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
Sl. No
|
Sub- heading
|
Description of
goods |
Specification |
Country of origin
|
Country of Export |
Producer |
Exporter
|
Amount (US$) |
Unit of Measur ement
|
Curr ency |
(1)
|
(2)
|
(3) |
(4) |
(5) |
(6) |
(7) |
(8)
|
(9) |
(10)
|
(11) |
1 |
2815 11
and
2815 12 |
Caustic
Soda |
Any grade |
United States of America |
United States of America |
Any Producer |
Any Exporter |
55.96 |
Dry Metric
Tonne |
US Dollar |
2 |
2815 11
and
2815 12 |
Caustic
Soda |
Any grade |
Any country other than United States of America
|
United States of America |
Any Producer |
Any Exporter |
55.96 |
Dry Metric
Tonne |
US Dollar |
3 |
2815 11
and
2815 12 |
Caustic
Soda |
Any grade |
United States of America |
Any country other than United States of America
|
Any Producer |
Any Exporter |
55.96 |
Dry Metric
Tonne |
US Dollar |
4 |
2815 11
and
2815 12 |
Caustic
Soda |
Any grade |
Japan |
Japan |
Any Producer |
Any Exporter |
Nil |
Dry Metric
Tonne |
US Dollar |
5 |
2815 11
and
2815 12 |
Caustic
Soda |
Any grade |
Any country other than Japan |
Japan |
Any Producer |
Any Exporter |
Nil |
Dry Metric
Tonne |
US Dollar |
6 |
2815 11
and
2815 12 |
Caustic
Soda |
Any grade |
Japan |
Any country other than Japan |
Any Producer |
Any Exporter |
Nil |
Dry Metric
Tonne |
US Dollar |
7 |
2815 11
and
2815 12 |
Caustic
Soda |
Any grade |
Iran |
Iran |
Arvand Petrochemical Company (APC), Iran
|
Petrochemical Commercial Company (PCC), Iran
|
1.34 |
Dry Metric
Tonne |
US Dollar |
8 |
2815 11
and
2815 12 |
Caustic
Soda |
Any grade |
Iran |
Iran |
Arvand Petrochemical Company (APC), Iran
|
Petrochemical Commercial Company (PCC), Iran and Petrochem Middle-east (FZE),
Dubai |
Nil |
Dry Metric
Tonne |
US Dollar |
9 |
2815 11
and
2815 12 |
Caustic
Soda |
Any grade |
Iran |
Iran |
Any combination other than Sl. No. 7 and 8 above
|
8.75 |
Dry Metric
Tonne |
US Dollar |
10 |
2815 11
and
2815 12 |
Caustic
Soda |
Any grade |
Iran |
Any country other than Iran |
Any Producer |
Any Exporter |
8.75 |
Dry Metric
Tonne |
US Dollar |
11 |
2815 11
and
2815 12 |
Caustic
Soda |
Any grade |
Saudi
Arabia
|
Saudi Arabia |
Saudi Petrochemical Company
(SADAF), Saudi Arabia |
Saudi Basic Industries Corporation(SABIC),Riyadh
|
130.60 |
Dry Metric
Tonne |
US Dollar |
12 |
2815 11
and
2815 12 |
Caustic
Soda |
Any grade |
Saudi Arabia |
Saudi
Arabia |
Saudi Petrochemical Company (SADAF),Saudi Arabia
|
Shell Trading (M.E.) Private Limited
(STME), Dubai
and Petrochem Middle-east (FZE), Dubai |
Nil |
Dry Metric
Tonne |
US Dollar |
13 |
2815 11
and
2815 12 |
Caustic
Soda |
Any grade |
Saudi
Arabia |
Saudi
Arabia |
Any combination other than Sl. No. 11 and 12 above
|
133.60 |
Dry Metric
Tonne |
US Dollar |
14 |
2815 11
and
2815 12 |
Caustic Soda |
Any grade |
Saudi
Arabia |
Any country other than Saudi Arabia |
Any Producer |
Any Exporter |
133.60 |
Dry Metric
Tonne |
US Dollar |
- The anti-dumping duty imposed under this notification shall be effective for
a period of five years (unless revoked, amended and superseded earlier) from the
date of publication of this notification in the official Gazette 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.354/119/2005 –TRU (Pt..II]
(Raj Kumar Digvijay)
Under Secretary to the Government of India