[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.56/2016-Customs (ADD)
New Delhi, the
21st December, 2016
G.S.R. (E).-Whereas,
the designated authority vide notification No.15/17/2015- DGAD, dated the 1st
October, 2015, published in the Gazette of India, Extraordinary, Part I,
Section 1, dated the 1st October, 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,
Turkey and Russia (hereinafter referred to as the subject countries), imposed
vide notification of the Government of India, in the Ministry of Finance
(Department of Revenue) No.08/2013-Customs (ADD), dated the 18th April, 2013,
published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i) vide number G.S.R.258(E), dated the 18 th April, 2013;
And, Whereas, the
designated authority, in its final findings in Mid-Term Review (hereinafter
referred to as the final findings) vide notification No.15/17/2015-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 anti-dumping 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.16427 and 16429 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 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.08/2013-Customs (ADD), dated the 18th April, 2013, published in the Gazette
of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.
258(E), dated the 18th April, 2013, 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.16427 and 16429 of 2016.
[F.No.354/30/2013
–TRU (Pt.-1)]
(Anurag Sehgal)
Under Secretary to the Government of India
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