Notification No. 85/2009-Customs
dated 4.8.2009
Regarding anti-dumping on imports of Titanium dioxide, Anatase grade,
originating in, or exported from, the People's Republic of China
G.S.R. (E). – Whereas, the designated authority, vide its notification No.
15/5/2008-DGAD, dated 5th July, 2008 published in Part I, Section 1 of the
Gazette of India, Extraordinary, dated the 7th July, 2008, had initiated a
review in the matter of continuation of anti-dumping on imports of Titanium
dioxide, Anatase grade (hereinafter referred to as the subject goods) falling
under sub-heading 2823 or 3206 of the First Schedule to the Customs Tariff
Act, 1975 (51 of 1975), originating in, or exported from, the People's
Republic of China (hereinafter referred to as the subject country), imposed
vide notification of the Government of India in the Ministry of Finance
(Department of Revenue), No. 54/2004- Customs, dated the 19th April, 2004,
published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i) vide number G.S.R.267(E), dated the 19th April, 2004;
And whereas, the Central Government had extended the anti-dumping duty on the
subject goods, originating in, or exported from, the subject country upto and
inclusive of the 10th July, 2009 vide notification of the Government of India,
in the Ministry of Finance (Department of Revenue), No. 85/2008- Customs,
dated the 11th July, 2008, published in the Gazette of India, Extraordinary,
Part II, Section 3, Sub-section (i) vide number G.S.R.516(E), dated the 11th
July, 2008;
And whereas, in the matter of review of anti-dumping on import of the subject
goods, originating in, or exported from, the subject country, the designated
authority in its final findings issued vide notification No. 15/5/2008-DGAD,
dated 3rd July, 2009 published in the Gazette of India, Extraordinary, Part I,
Section 1, dated the 3rd July, 2009, has come to the conclusion that-
1. the subject goods are entering the Indian market at dumped prices and
dumping margins of the subject goods imported from the People's Republic of
China is substantial and above de-minimis;
2. the subject goods are likely to enter the Indian market at dumped prices
and the likely dumping margins in respect of imports from the People's
Republic of China will be substantial and above de-minimis;
3. the subject goods are likely to enter Indian market at dumped prices,
should the present measures be withdrawn; and
4. the situation of domestic industry continues to be fragile. Further, should
the present anti dumping duties be revoked, injury to the domestic industry is
likely to continue and intensify;
and has recommended continued imposition of definitive anti-dumping duty on
imports of the subject goods, originating in, or exported from, the subject
country 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 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, 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 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 | Description | Specification | 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 | 2823 or 3206 | Titanium dioxide | Anatase | China PR | China PR | Any | Any | 1735.47 | MT | US dollar |
2 | 2823 or 3206 | Titanium dioxide | Anatase | China PR | Any other than China PR | Any | Any | 1735.47 | MT | US dollar |
3 | 2823 or 3206 | Titanium dioxide | Anatase | Any other than China PR | China PR | Any | Any | 1735.47 | 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,-
(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, 1975;
(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.354/51/2003 –TRU (Pt.)]
(Prashant Kumar)
Under Secretary to the Government of India.
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