Notification No. 48/2009, Dated 13th May 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. 48/2009-Customs 

            New Delhi, the 13th May, 2009

             G.S.R.  (E). -Whereas, the designated authority vide notification No. 15/11/2008-DGAD, dated the 7^th March, 2008, published in Part I, section 1 of the Gazette of India, Extraordinary, dated the 10^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 (hereinafter referred to as the said rules), in the matter of continuation of anti-dumping duty on Sodium Hydroxide, commonly known as Caustic Soda (hereinafter referred to as the subject goods), originating in, or exported from, the European Union (excluding France), Indonesia and Chinese Taipei (hereinafter referred to as the subject countries), imposed vide  notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 168/2003-CUSTOMS dated the 14^th November 2003, published in the Gazette of India Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.891(E), dated the 14^th November 2003;

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 26th March, 2009 vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 39/2008 -Customs dated the 26th March, 2008, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.210 (E), dated the 26th March, 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. 15/11/2008-DGAD, dated 26th March, 2009 published in the Gazette of India, Extraordinary, Part I, Section 1 dated the 27th March, 2009, had come to the conclusion that-

(a)    the subject goods originating in or exported from Chinese Taipei had been exported to India above its normal value at un-dumped prices and there was no likelihood of recurrence of dumping and consequent injury to the domestic industry;

(b)   the subject goods originating in or exported from M/s. PT Asahimas, Indonesia had been exported to India at price above its normal value during period of investigation at un-dumped prices, however prices had been found to be unreliable and there was likelihood of dumping; the exports by other exporters had been found below its normal value resulting in dumping; the continuance or recurring of dumping was likely to cause injury to domestic industry; and

(c)    the subject goods originating or exported from the European Union (excluding France) had been exported to India below its normal value at dumped prices and continuance or recurring of dumping was likely to cause injury to the domestic industry;

and had recommended continued imposition of definitive anti-dumping duty on imports of the subject goods, originating in, or exported from, Indonesia and the European Union (excluding France)  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 said Customs Tariff Act read with rules 18 and 23 of the said rules, 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 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 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; and

(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.354/8/2003 –TRU (Pt)]  

 (Unmesh Sharad Wagh)

Under Secretary to the Government of India.