Notification No. 168/2003, Dated 14th Nov 2003

14th November, 2003

Notification No. 168/2003 - Customs

            WHEREAS in the matter of import of Sodium Hydroxide, commonly known as Caustic Soda, falling under sub-heading  2815 11 or tariff item 2815 12 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, European Union (excluding France), Indonesia and Chinese Taipei  (herein after referred to as the subject countries), the designated authority vide its preliminary findings in notification No.14/39/2002-DGAD, dated the 8th January, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 13th January, 2003 had come to the conclusion that – 

(a)	Sodium Hydroxide, in all forms originating in, or exported, from the subject countries has been exported to India below its normal value;
(b)	the domestic industry has also suffered material injury;
(c)	the injury has been caused to the domestic industry by dumping of Sodium Hydroxide originating in or exported from the subject countries;

and had recommended imposition of provisional anti-dumping duty, pending final determination, on imports of Sodium Hydroxide, 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 an anti-dumping duty on Sodium Hydroxide vide notification of the Government of India in the erstwhile Ministry of Finance and Company Affairs (Department of Revenue), No . 48/2003–Customs, dated the 27^th March, 2003, [G.S.R. 247(E), dated the 27th March, 2003], published in Part II, Section 3, Sub-section (i ) of the Gazette of India, Extraordinary, dated the 27th March, 2003;  

            AND WHEREAS the designated authority, vide its final findings in notification No.14/39/2002-DGAD, dated the 1st October, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 1^st October, 2003, has come to the conclusion that –  

(a)	Sodium Hydroxide has been exported to India from the subject countries below its normal value;
(b)	the domestic industry has suffered material injury and facing threat of further injury;
(c)	the injury has been caused cumulatively by the imports from the subject countries,

and has recommended the imposition of definitive anti-dumping duty on all imports of Sodium Hydroxide falling under sub-heading  2815 11 or tariff item 2815 12 00 of the First Schedule to the said Customs Tariff Act and originating in, or exported from the European Union (excluding France), Indonesia and Chinese Taipei. 

            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, the Central Government, on the basis of the aforesaid final findings of the designated authority, hereby imposes on the goods, the description of which is specified incolumn (3) of the Table below, falling under sub-heading or 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 countries as specified in the corresponding entry in column (5) , and produced by the producers as specified in the corresponding entry in column (7), when exported from the countries as specified in the corresponding entry in column (6), by the exporters as specified in the corresponding entry in column (8) of the said Table and imported into India, an anti-dumping duty at a rate  which is equivalent to the difference between, 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, and the landed value of such imported goods in like currency per like unit of measurement.

Table

2.             The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, i.e. the 27^th March, 2003, and shall be paid in Indian currency.  

Explanation. - For the purposes of this notification, -  

 (a) “landed value” means the assessable value as determined under the Customs Act, 1962 (52 of 1962) and includes all duties of customs except duties levied under sections 3, 3A, 8B, 9 and 9A of the said Customs Tariff Act;

(b) rate of exchange applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is determined by the Central Government 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 said Customs Act, 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.

G.S.Karki
Under Secretary to the Government of India

F.No.354/8/2003-TRU