Notification No. 108/2006, Dated 16th Oct 2006

16^th October, 2006

Notification No. 108 /2006-Customs

            G.S.R. (E). – Whereas, the designated authority, vide its notification No. 15/16/2005-DGAD, dated the 5^th October, 2005, published in Part I, Section I of the Gazette of India, Extraordinary, dated the 5^thOctober, 2005, had initiated a sunset review in the matter of continuation of anti-dumping on imports of Sodium Hydrosulphite falling under headings 2831 and 2832 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) [hereinafter referred to as the subject goods], originating in, or exported from the People’s Republic of China (hereinafter referred to as the  subject country), imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.114/2001- Customs, dated the 2^nd November, 2001 [GSR 820 (E), dated the 2^nd November, 2001 ] and had requested  for continuation of anti-dumping duty, for an additional period of one year, 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 country vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 25/2006 -Customs dated the 10^th March, 2006, [G.S.R. 153(E), dated the 10^th March, 2006,] up to and inclusive of 11^th day of March, 2007;

And whereas, in the matter of sunset review of anti-dumping on imports of the subject goods, originating in, or exported from the subject country, the designated authority vide its findings, No. 15/16/2005-DGAD dated the 6^th September, 2006, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7^th September, 2006, has come to the conclusion that –

(a)          the subject goods have been exported to India from the subject country below its normal value resulting into dumping and there is likelihood of continued dumping of the subject goods, if anti- dumping from subject country is withdrawn;

(b)          the domestic industry continues to suffer material injury on account of the dumped imports of the subject goods from the subject country; and

(c)          the authority considers it appropriate that anti-dumping duties is required to be imposed as modified in respect of imports from the subject country, as withdrawal thereof would lead to continuation of dumping and injury;

and has recommended continuation of anti-dumping duty, at specified rates in respect of  imports of the  subject goods, originating in, or exported from the  subject country  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 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 country 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 which shall be equal to difference between the amount mentioned 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 and the landed value of imported goods in like currency as per like unit of measurement.

Table

2.             This notification shall be effective for a period of five years (unless revoked, superseded or amended earlier) and the anti-dumping duty 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 specified in the notification, 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 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.

F.No.354/06/2001-TRU (Pt-II)