Notification No. 37/2004, Dated 20th Feb 2004

20 ^th February, 2004

Notification No. 37/2004 - Customs  

                G.S.R.    (E).- Whereas, in the matter of import of Potassium Carbonate, falling under tariff item 2836 40 00 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the European Union, People’s Republic of China, Republic of Korea and Taiwan (hereinafter referred to as the subject countries), the designated authority, vide its preliminary findings notification No. 14/42/2002-DGAD, dated the 30^th  April, 2003, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 1^st  May, 2003, had come to the conclusion that –

(a)	Potassium Carbonate has been exported to India from the subject countries below normal value resulting in dumping;
(b)	the Indian industry has suffered material injury from exports of Potassium carbonate from the subject countries;
(c)	the injury has been caused cumulatively by the imports of Potassium Carbonate from the subject countries;

and had recommended imposition of provisional anti-dumping duty, pending final determination, on imports of Potassium Carbonate, 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 Potassium Carbonate vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No . 91/2003-Customs, dated the 10^th June, 2003, [G.S.R. 470(E), dated the 10th June, 2003], published in Part II, Section 3, Sub-section ( i ) of the Gazette of India, Extraordinary, dated the 10^th June, 2003;  

And whereas, the designated authority, vide its final findings notification No.14/42/2002-DGAD, dated the 16^th January, 2004, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 19^thJanuary, 2004, has come to the conclusion that –

(a)	Potassium Carbonate has been exported to India from the subject countries below its normal value, resulting in dumping;
(b)	the Indian industry has suffered material injury from exports of Potassium carbonate from the subject countries;
(c)	the injury to the domestic industry has been caused cumulatively by the dumped imports of Potassium Carbonate from the subject countries;

            And whereas, M/s Taiwan Pulp and Paper Corporation, Taiwan, have furnished an undertaking under rule 15 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, not to export any type of Potassium Carbonate below a price of US Dollar 471.0 per Metric tonne CIF (cost, insurance and freight);  

and the designated authority has recommended the imposition of definitive anti-dumping duty on all imports of Potassium Carbonate, originating in, or exported from the subject countries, in order to remove the injury to the domestic industry;  

            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 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 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), and imported into India, an anti-dumping duty at a rate 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

            Provided that no anti-dumping duty shall be imposed on all types of Potassium Carbonate, falling under tariff item 2836 40 00 of the First Schedule to the said Customs Tariff Act, exported by M/s Taiwan Pulp and Paper Corporation, Taiwan, and imported into India, if the price of such imported Potassium Carbonate is equal to or higher than US Dollar 471.0 per Metric tonne CIF (cost, insurance and freight):  

            Provided further that anti-dumping duty at the rate of US Dollar 70.45 per Metric tonne shall be imposed on all types of Potassium Carbonate, falling under tariff item 2836 40 00 of the First Schedule to the said Customs Tariff Act, exported by M/s Taiwan Pulp and Paper Corporation, Taiwan, and imported into India, and the assessment shall be provisional pending specific recommendation by the designated authority in this regard, if the price of such imported Potassium Carbonate is less than US Dollar 471.0 per Metric tonne CIF (cost, insurance and freight).  

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 10^th June, 2003, and shall be paid 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 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.

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

F.No.354/43/2003-TRU