[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.55/2016-Customs (ADD)
New Delhi, the
21st December, 2016
G.S.R. (E).-Whereas,
the designated authority vide notification No.15/28/2014- DGAD, dated the 21st
July, 2015, published in the Gazette of India, Extraordinary, Part I, Section
1, dated the 21st July, 2015, had initiated mid-term review investigation in
terms of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of
1975) (hereinafter referred to as the Customs Tariff Act), read with 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 Anti-dumping Rules) in the matter of
continuation of anti-dumping duty on imports of Soda Ash (hereinafter referred
to as the subject goods), falling under sub-heading 2836 20 of the First
Schedule to the Customs Tariff Act, originating in, or exported from, People’s
Republic of China, European Union, Kenya, Pakistan, Iran, Ukraine and United
States of America (hereinafter referred to as the subject countries), imposed
vide notification of the Government of India, in the Ministry of Finance
(Department of Revenue) No.34/2012-Customs (ADD), dated the 3rd July, 2012,
published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i) vide number G.S.R.528(E), dated the 3 rd July, 2012;
And, whereas, the
designated authority, in its final findings in mid-term review (hereinafter
referred to as the final findings) vide notification No.15/28/2014-DGAD, dated
the 23rd September, 2016, published in the Gazette of India, Extraordinary,
Part I, Section 1, dated the 23rd September, 2016, has come to the conclusion
that-
(i)
although dumping has continued despite
the anti-dumping duties in force and the dumping of subject goods from the
subject countries is positive during the Period of Investigation (hereinafter
referred to as POI), the adverse impact of the same on the volume, prices and
profitability of the domestic industry is absent during the POI as well as
post-POI;
(ii)
both undercutting and underselling are
negative during POI as well as post-POI;
(iii)
the injury margin is negative during POI
as well as post-POI;
(iv)
the likely injury margin, on the basis
prices of third country exports by the subject countries during the POI are
also negative;
(v)
price suppression and price depression
effects are absent;
(vi)
all most all volume parameters and price
parameters of the domestic industry are positive during POI and post-POI and
there is a remarkable improvement of lasting nature in the performance of the
domestic industry;
(vii)
although dumping continues, neither it
has caused injury to the domestic industry, nor is there any likelihood of
causing injury in the event of revocation of the antidumping duties,
And
has recommended revocation of the anti-dumping duties imposed on the imports of
the subject goods, originating in or exported from the subject countries;
And
whereas, the said final findings dated the 23rd September, 2016 were challenged
in the Hon’ble High Court of Gujarat in Special Civil Applications No.16426 and
16428 of 2016 and the High Court vide it’s order dated the 13th December, 2016
has held that in case, pursuant to the impugned final findings recorded by the
designated authority, the Central Government publishes a notification in the
Official Gazette under rule 18 of the Antidumping Rules, the same shall not be
acted upon till the final disposal of these petitions.
Now,
therefore in exercise of the powers conferred by sub-section (1) and
sub-section (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, and in view of the aforesaid order of the Hon’ble High
Court of Gujarat dated the 13th December, 2016, the Central Government hereby
rescinds the notification of the Government of India, in the Ministry of
Finance (Department of Revenue), No.34/2012-Customs (ADD), dated the 3rd July,
2012, published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i) vide number G.S.R. 528(E), dated the 3rd July, 2012, except as
respects things done or omitted to be done before such rescission, and such
recession shall remain in abeyance subject to the final order of the Hon’ble
High Court of Gujarat in Special Civil Applications No.16426 and 16428 of 2016.
[F.No.354/198/2011–TRU
(Pt.-1)]
(Anurag
Sehgal)
Under Secretary to the Government of India
We have successfully served many reputable clients for Import-Export Data Information Services. Here are some of our clients:
Copyright © 2009 - 2024 www.seair.co.in. All Rights Reserved.