Notification No. 35/2009, Dated 13th April 2009

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

Notification No. 35/2009-Customs

            New Delhi , dated the 13th April, 2009

G.S.R-- (E). -Whereas, the designated authority vide notification No. 15/1/2008-DGAD, dated the 19^th March, 2008, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 20^th March, 2008, had initiated review, in terms of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) and in pursuance of rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, in the matter of continuation of anti-dumping duty on  Sodium hydrosulphite (hereinafter referred to as the subject goods), originating in, or exported from, Germany and Korea RP (hereinafter referred to as the subject countries), , imposed vide  notification of the Government of India in the  Ministry of Finance (Department of Revenue), No. 173/2003-Customs, dated the 3^rd December, 2003,  published in the Gazette of India vide number G.S.R.921(E), dated the 3^rd December, 2003 and had requested for  extension of anti-dumping duty for a period of one year from the date of its expiry, in terms of sub-section (5) of section 9A of the said Act, 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 countries upto and inclusive of the 31st  March, 2009 vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 44/2008 -Customs dated the 7th April, 2008, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.267(E), dated the 7th April, 2008;

And whereas, in the matter of review of anti-dumping on import of the subject goods, originating in, or exported from, the subject countries, the designated authority in its final findings issued vide notification No. 15/1/2008-DGAD, dated 17th March, 2009 published in the Gazette of India, Extraordinary, Part I, Section 1 dated the 17th March, 2009, had come to the conclusion that-

(a)    the subject goods were entering the Indian market at dumped prices and dumping margins of the subject goods imported from Germany was substantial and above de-minimis;

(b)   the subject goods were likely to enter the Indian market at dumped prices and the likely dumping margins in respect of imports from Korea RP was substantial and above de-minimis;

(c)    the subject goods were likely to enter the Indian market at dumped prices, should the present measure withdrawn; and

(d)   even though the domestic industry had marginally improved its performance in terms of capacity, production and sales, its profitability deteriorated during the period of investigation and the situation of domestic industry to be fragile;  the dumped imports from Germany continued to cause substantial injury to the domestic industry and the likelihood of dumping from Korea RP was lurking above the heads of the domestic industries threatening to cause substantial injury in the event of revocation of the anti-dumping duty; should the present anti-dumping duties be revoked,   injury to the domestic industry was likely to continue and intensify;

and had recommended continued imposition of definitive anti-dumping duty on imports of the subject goods, originating in, or exported from, the subject countries and imported into India , 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 final 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 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 country as specified in the corresponding entry in column (5), and produced by the producer 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 exporter as specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at a rate  which is equivalent 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.         The anti-dumping duty imposed under this notification shall be effective for a period of five years (unless revoked, superseded or amended earlier) from the date of publication of this notification in the Official Gazette. 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, 8B, 9 and 9A of the said Customs Tariff Act, 1975;

(b) rate of exchange applicable for the purposes of calculation of 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 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.354/16/2003-TRU]

 (Limatula Yaden)

Deputy Secretary to the Government of India