Notification No. 61/2009-CUSTOMS dated 10.06.2009

Notification No. 61/2009-CUSTOMS dated 10.06.2009
Regarding anti-dumping duty on Potassium Carbonate, originating in, or exported from, the European Union, the People’s Republic of China, Korea RP and Taiwan

G.S.R. --(E). ---Whereas, the designated authority vide notification No. 15/4/2008-DGAD, dated the 21^st May, 2008, published in Part I, section 1 of the Gazette of India, Extraordinary, dated the 22^nd May, 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 Potassium Carbonate (hereinafter referred as the subject goods, originating in, or exported from, the European Union, the People’s Republic of China, Korea RP and Taiwan (hereinafter referred as the subject goods), imposed vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 37/2004- CUSTOMS dated the 20^th February, 2004, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.127(E), dated the 20^th February, 2004, 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 Customs Tariff 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 9th June, 2009 vide notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 76/ 2008-Customs, dated the 11^th June, 2008, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.450(E), dated the 11^th June, 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. 15/4/2008-DGAD, dated the 20th May, 2008 published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 20th May, 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 the subject countries, except Europeon Union, were 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 subject countries was substantial and above de-minimis;

(d) though the capacity of the domestic industry had remained more or less same throughout the injury period, its performance in terms of production, sales and profitability deteriorated during the same period and the situation of domestic industry continued to be fragile due to continuous dumping by the subject countries except the European Union; the dumped imports from the subject countries continued to cause substantial injury to the domestic industry and the likelihood of continuation and intensification of dumping from Korea RP, the People’s Republic of China, and Taiwan (Chinese Taipei) and recurrence of dumping from the European Union was lurking above the heads of the domestic industry 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, recur 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 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 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 equal to the amount as specified 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.

S.No.	Tariff item	Description of goods	Specifi-cation	Country of origin	Country of export	Producer	Exporter	Amount	Unit of measure-ment	Currency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
1.	2836 40 00	Potassium carbonate	Any	Taiwan	Any	Any	Any	123.58	MT	US dollar
2.	2836 40 00	Potassium carbonate	Any	Any country except Korea RP, People’s Republic of China and Europeon Union	Taiwan	Any	Any	123.58	MT	US dollar
3.	2836 40 00	Potassium carbonate	Any	Korea RP	Korea RP	M/s UNID Co. Ltd.	M/s OCI Corp., or M/s UNID Co. Ltd.	9.45	MT	US dollar
4.	2836 40 00	Potassium Carbonate	Any	Korea RP	Korea RP	Any combination other than S.No 3 above		123.86	MT	US dollar
5.	2836 40 00	Potassium carbonate	Any	Korea RP	Any other than Korea RP	Any	Any	123.86	MT	US dollar
6.	2836 40 00	Potassium carbonate	Any	Any country except Taiwan, People’s Republic of China, Europeon Union and Korea RP	Korea RP	Any	Any	123.86	MT	US dollar
7.	2836 40 00	Potassium carbonate	Any	People’s Republic of China	Any	Any	Any	90.03	MT	US dollar
8.	2836 40 00	Potassium carbonate	Any	Any country except Taiwan, Korea RP and European Union	People’s Republic of China	Any	Any	90.03	MT	US dollar
9.	2836 40 00	Potassium carbonate	Any	European Union	Europeon Union	M/s Degussa GmbH, Germany,	M/s Degussa GmbH, Germany	17.18	MT	US dollar
10.	2836 40 00	Potassium carbonate	Any	Europeon Union	Europeon Union	Any combination other than at 9 above		69.92	MT	US dollar
11.	2836 40 00	Potassium carbonate	Any	Europeon Union	Any other than Europeon Union	Any	Any	69.92	MT	US dollar
12.	2836 40 00	Potassium carbonate	Any	Any country except Taiwan, Korea RP, People’s Republic of China and Europeon Union	Europeon Union	Any	Any	69.92	MT	US dollar

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, 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.