[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 7th March, 2008, published in Part I, section 1 of the Gazette of India, Extraordinary, dated the 10th 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 14th 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 14th 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
S.No. | Sub-heading or tariff item | Description of goods | Specific-ation | Country of origin | Country of export | Producer | Exporter | Amount | Unit of measur-ement | Curre-ncy |
(1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) |
1. | 2815 11 or 2815 12 00 | Caustic Soda | Any grade | Indonesia | Indonesia | M/s. P.T.Asahimas Chemical | M/s. Tricon Energy Ltd. USA | 415.46 | DMT | US dollar |
2. | 2815 11 or 2815 12 00 | Caustic Soda | Any grade | Indonesia | Indonesia | Any other than at Sl.No.1 above | 415.46 | DMT | US dollar | |
3. | 281511 or 281512 | Caustic Soda | Any grade | Indonesia | Any | Any | Any | 415.46 | DMT | US dollar |
4. | 2815 11 00 or 2815 12 00 | Caustic Soda | Any grade | Any country other than country(ies) attracting anti dumping duty | Indonesia | Any | Any | 415.46 | DMT | US dollar |
5. | 2815 11 or 2815 12 00 | Caustic Soda | Any grade | European Union (excluding France) | European Union (excluding France) | Any | Any | 415.46 | DMT | US dollar |
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