Notification No. 3/2006, Dated 17th Jan 2006

17^th January, 2006.

Notification No. 3/2006 - Customs

           Whereas, the designated authority vide notification No.39/1/1999-DGAD, dated the 2nd December, 2004, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 2nd December, 2004, had initiated review in the matter of continuation of final anti-dumping duty on Sodium Nitrite (herein after referred to as the subject goods), falling under Sub-heading 2834 10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from China PR (herein after referred to as the subject country), imposed vide notification of Government of India in the Ministry of Finance (Department of Revenue), No. 147/2000–Customs, dated the 19^th December, 2000, G.S.R. 919 (E), dated the 19^th December, 2000, and extended by Notification No. 60/2005-Customs dated 4th July, 2005,G.S.R. 452 (E), dated the 4th July, 2005.

And whereas, the designated authority vide notification No. 39/1/1999-DGAD, dated the 1^st December, 2005, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 1^st December, 2005, after conducting Sunset Review has come to the conclusion that-

(a)           the subject goods have entered from subject country at less than its normal value and the dumping margin of the subject goods imported from subject country are substantial and above de minimis level;

(b)           there is likelihood of dumping to continue or recur from the subject country, if the duties are revoked. 

(c)           the domestic industry continues to suffer material injury at present and the cause of the current injury is due to the volume as well as price effect of the dumped imports from the subject country;

(d)           injury to domestic industry is likely to continue if the duties are revoked in respect of imports from subject country;

(e)           however, re-export or trans-shipment of goods of Chinese origin, if any, will be adequately covered under the duty imposed against subject country.

and has recommended the continued imposition of definitive anti-dumping duty on all imports of  the subject goods, originating in, or exported from the subject country;

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 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, 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 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 the corresponding entry in column (4),  originating in the country 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 country 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  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.   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.354/41/2000-TRU (Pt-III)